to antenna installations or other attachments for which the Tank was not originally designed; (v) resolution of operational problems or repair o f structural damage or site damage caused by physical conditions below the surface of the ground; (vi) negligent acts of Owner’s employees, agents or contractors; (vii) damages, whether foreseen or unforeseen, caused by the Owner’s use of pressure relief v alves; (viii) repairs to the foundation of the Tank; (ix ) any latent defects or inaccessible areas of the Tank or its components (including, but not limited to, (a) corrosion from the underside of the floor plates, and (b) inaccessible areas of the Tank such as the area between the bottom of the roof plate and the top of the roof rafter); (x) the maintenance, repair or replacement of any electrical components (to include any lighting, such as aviation lights); (xi) the maintenance, repair or replacement of fill lines, insulation, and/or frost jackets; (xii) the maintenance, repair, or replacement of piping of any kind below ground level; and (xiii) other conditions which are beyond the Owner’s and Company’s control, including, but not limited to: acts of G od and acts of terrorism. Acts of God include, but are not limited to, any damage to the Tank or Tank Site which is caused by seismic activity, hurricanes, and/or tornadoes. Acts of terrorism include, but are not limited to, any damage to the Tank or Tank Site which results from an unauthorized entry of any k ind to the Tank or Tank Site.
10.Termination. This SOW12 is subject to termination by the Owner only at the end of the then-current Contract Year if written notice of intent to terminate is received by the Company at least sixty (60) days prior to the fi rst day of the upcoming Contract Year. If the notice of intent to terminate is not received at least sixty (60) days prior to the first day of the upcoming Contract Year, this SOW12 shall renew for an additional Contract Year and expire at the end of the upcoming Contract Year. In such an event, the Owner agrees that it shall be responsible to pay the Annual Fee for the upcoming Contract Year.
The notice of intent to terminate must be sent by certified mail, with return receipt requested, to Utility Serv ice Co., Inc., Attention: Customer Service, Post Office Box 1350, Perry, Georgia 31069, and signed by the General Manager. Notice of intent to terminate cannot be delivered electronically or verbally (e.g., email, text, phone call, etc.).
The Owner acknowledges and agrees that the Company has advanced Services to the Owner, and the Company has not received full payment for the Services previously performed. Therefore, if the Ow ner elects to terminate this SOW12 prior to remitting the first ten (10) Annual Fees, then the applicable fees in Attachment 2 – Schedule of Cancellation Fees shall be due and payable within thirty (30) days of the Company’s receipt of the Owner’s Notice to Ter minate. Attachment 2 is attached to this Exhibit A-12 and incorporated herein by reference.
11. Warranty on Labor and Materials Following Renovation of Tank. During the 10 - year term of this SOW12 (hereinafter, “Warranty Period”), the Company warrants to the Owner that the Services are free from defects in materials and workmanship under normal and proper use within the Warranty Period (hereinafter, “Covered Defect”). If a defect in material and/or workmanship is identified by Owner during the Warranty Period, then Owner shall promptly notify the Company of the nature of the defect i n writing. The Company will also perform inspections of the Tank during the term of this SOW12, and the Company will give n otice of defects to the Owner if it identifies any during its inspections of the Tank. Following the receipt of s uch notice, the Company shall inspect the work to determine if a Covered Defect exis ts. The Company ’s inspection shall be performed on a date that is mutually agreeable to the Owner and the Company . If a Covered Def ect exists, the Company ’s liability shall be discharged by the Company providing the labor and materials to re- work or re -line any part or parts of the work
product produced during t he applicable renovation of the Tank . For the avoidance of doubt and notwithstanding the foregoing, the Owner hereby agrees that the warranty provided in this Section 11: (i) only applies to work performed on the Tank by the Company, and (ii) does not commence during the Warranty Period until the Company performs an interior renovation or exterior renovation on the Tank. Once the Tank is renovated pursuant to the schedule of work in Section 3, the warranty will apply to the renovation work performed by the Company from the time the renovation project is completed until the end of the 10- year Warranty Period. However, the Company does agree to perform touch -up paint work on the Tank prior to the performance of a scheduled renovation, but any such touch -up paint work shall be limited to no more than 500 square feet. For the avoidance of doubt, all warranties on any renovation work performed by the Company during the term of this SOW12 will terminate at the end of the 10-year term of this SOW12. The Company will not warranty any work beyond the 10 - year term of this SOW12, unless the Parties mutually agree to an extension of the term of this SOW12 prior to its expiration.
12. Visual Inspection Disclaimer. This SOW12 is based upon a visual inspection of the Tank. The Owner and the Company hereby acknowledge and agree that a visual inspection is intended to assess the condition of the Tank for all patent defects. If latent defects are identified once the Tank has been drained and is made available to the Company, the Owner agrees and acknowledges that the Company shal l not be responsible to repair the latent defects unless the Owner and the Company re -negotiate the Annual Fees. The definition of a “latent defect” shall be any defect of the Tank which is not easily discovered (e.g., corrosion of the floor plates, corrosi on of the roof plates or rafters, corrosion in areas inaccessible to maintain, damage to the roof of the Tank which is not clearly discoverable during the visual inspection, etc.).
13. Excessive Inflation. In the event that the aggregate of the Annual Infl ation Rates (defined herein below) established for two (2) consecutive calendar years during the term of this SOW11 exceeds 6% in total (either upwards or downwards) , the O wner and the Company agree to renegotiate the Annual Fees and adjust the Annual Fees throughout the remaining term of this SOW12 to either compensate the Company for the excessive inflation or to reduce future costs for the Owner . For purposes of this provision, the Annual Inflation Rate for each cale ndar year shall be established by the Engineering News Report – Construction Cost Index (“ENR -CCI”). In the event that the ENR -CCI index is discontinued, the Owner and the Company will negotiate and agree to an alternative index or methodology to addres s the excessive inflation. For illustr ative purposes, if SOW1 2 is executed in 2022, the first equitable adjustment could not be made until both the 2023 inflation rate and the 2024 inflation rate have been established.
If the Annual Inflation R ates for 2023 and 2024 are 2.0% and 4.1%, respect ively, the Owner and the Company agree to renegotiate the current year’s Annual Fee as well as the remaining Annual Fees for the remainder of the term of SOW12 to address the excessive inflation.
____________________________________________________________________________
SIGNATURE PAGE TO FOLLOW.
____________________________________________________________________________
The SOW12 is executed and effective as of the date last signed by the parties below.
OWNER COMPANY
Victorville Water District Utility Service Co., Inc.
By: By:
Name: Name: Karine Rouge
Title: Title: President
Date: Date:
ATTACHMENT 1
Annual Fees/Invoicing
ATTACHMENT 2
Schedule of Cancellation Fees
EXHIBIT A-13
SCOPE OF WORK NO. 13
TO THE MASTER SERVICES AGREEMENT BETWEEN
UTILITY SERVICE CO., INC.
AND
THE VICTORVILLE WATER DISTRICT
WATER TANK MAINTENANCE – 5,000,000 Gallon Ground Storage Tank – Tank 116
1. Effective Date. The Effective D ate for this S cope of Work No. 13 (“SOW13”) shall be ________________, 20______.
2. Term. This SOW13 shall commence on the Effective Date and shall continue in ful l force and effect for a period of ten (10) years, unless this SOW13 is terminated earlier pursuant to Section 10 herein. For purposes of this SOW13, “Contract Year” shall mean each one- year period beginning on the Effective Date and ending on the day immediately prior to the next succeeding anniversary of the Effective Date (which shall be Contract Year 1) and for each successive period beginning on the anniversary date of the Effective Date and ending on the day immediately prior to the next succeeding anniversary of the Effective Date (hereinafter, “Contract Year” or collectively, “Contract Years”).
3. Company’s Engagement and Responsibilities. The Owner agrees to engage the Company to provide the professional services needed to maintain its 5,0 00,000 gallon water storage tank located at 11575 Balsam Avenue, Victorville, California 92394 (hereinafter, “the Tank”). This SOW13 outlines the Company’s responsibility for the care and maintenance of the Tank thereafter. The services (collectively, “the Services”) that the Company will provide include the following:
a. The Tank shall receive repairs prior to the end of Contract Year 1.
The Tank shall receive an exterior renovation prior to the end of Contract Year 4. The Tank shall receive an interior renovation prior to the end of Contract Year 7.
b. The Company will annually inspect the Tank . The Tank wi ll be inspected to ensure that the structure is in a sound, watertight condition.
The Company will provide a written inspection report to the Owner following each inspection. The tank will receive ROV inspections every two years and chemical clean washouts every four years. c. Beginning with the first washout inspection, the Company will clean the interior of the Tank and perform a condition assessment on the Tank (hereinafter “Washout Inspection”); however, draining the tank for the Washout Inspection is the Owner ’s responsibility. During each Washout Inspection, the Company will apply an NSF 60 approved chemical cleaning agent to the interior walls and floor surfaces of the Tank to treat mineral build- up and bio- film that form on the interior tank sur faces.
After a Washout Inspection is completed, the interior of the Tank will be thoroughly inspected and disinfected prior to returning the Tank to
service; however, the Owner is responsible for draining and filling the Tank and conducting any required testing of the water before returning the Tank to service.
d. When interior or exterior painting of the Tank is performed, all products and procedures as to coating systems will be equal to or exceed the requirements of the State of C alifornia and the American Water Works Association’s D102 standard in effect as of the Effective Date. e. The Company will install a lock on the roof hatch of the Tank; however, the provision of such lock does not guarantee the Tank’s security during the term of the SOW13. For the avoidance of doubt, security of the Tank and the site where the Tank is located (hereinafter, “Tank Site”) are the responsibility of the Owner.
f. When the Tank is taken out of service, the Company will furnish pressure relief valves, if requested by the Owner, so that the Owner can install the valves in its water system while the Tank is being serviced.
The Owner assumes all risk and liability for the installation and use of the pressure relief valves.
g. The Company will fu rnish the Ow ner with current certificates of insurance, which will summarize the Company’s insurance coverage.
4. Price/Annual Fees. For the performance of the Services , which are described in Section 3, on the Tank, the Owner shall pay the Company an A nnual Fee (hereinafter, “Annual Fee”) for each Contract Year of SOW13 . The Annual Fees for each Contract Year are set forth on Attachment 1 to this Exhibit A -13, which is attached hereto and incorporated herein by reference. For the avoidance of doubt, the Annual Fees for all of the Owner’s water storage t anks are set forth on Attachment 1, and each line of Attachment 1 sets forth the Annual Fees for the applicable Tank during Contract Years 1-
10. For illustrative purposes, the Annual Fee for the Tank sub ject to this SOW13 in Contract Year 1 is $11,066.00, the Annual Fee for the Tank subject to this SOW13 in Contract Year 4 is $79,559.00, the Annual Fee for the Tank subject to this SOW13 in Contract Year 7 is $934,217.00; however, all ten (10) Annual Fees are set forth on the applicable row in Attachment 1. Furthermore, all applicable sales and/or use taxes are the responsibility of the Owner and are in addition to the stated Annual Fees in Attachment 1.
5. Payment Terms. The Annual Fee for Contract Year 1, plus all applicable taxes, shall be due and payable within ninety (90) days of the Owner’s execution of the SOW13. Each subsequent Annual Fee, plus all applicable taxes, shall be due and payable on the first day of each Contract Year thereafter. If t he Annual Fee, plus all applicable taxes, are not paid within ninety (90) days of the date of invoice, the Company may charge the Owner a late fee on unpaid balances and may also terminate or suspend Services under this SOW13 without notice. The late fee will be 1.5% per month.
6. Changes or Delays to Services. For purposes of this Section 6 , “Unreasonable Delay” shall mean the Owner’s delay in releasing the Tank or making the Tank available to the Company for the performance of any of the Services described herein for a period of twelve (12) months following the Company’s written request for release or access to the Tank. In the event of Unreasonable Delay , the Company reserves the right to recover its reasonable costs related to the Unreasonable Delay , and the Owner agrees to negotiate with the Company in good faith to determine the amount of its reasonable costs caused by such Unreasonable Delay . Furthermore, modifications
to the schedule of work set forth in Section 3 can significantly impact the Com pany’s costs; therefore, modifications must be m utually agreed to by the Parties, and the Company reserves the right to renegotiate the Annual Fees in the event that the schedule of work is modified. Also, the Owner hereby agrees that the Company can repl ace a Washout Inspection of the Tank with a visual inspection, remotely operated vehicle inspection (“ROV Inspection”), or unmanned aerial vehicle inspection (“UAV Inspection”) without requiring the modification of this SOW13.
7. Structure of Tank and Tank Site Conditions. The Company is accepting this Tank to maintain pursuant to the requirements of this SOW13 based upon its existing structure and components as of the Effective Date (defined hereinafter) . Any modifications to the Tank, including antenna installations, shall be approved by the Company, prior to installation and may warrant an increase in the Annual Fees. In addition, changes in the condition of the Tank Site and/or any adjoining properties (e.g., construction of a mall next to the Tan k Site which significantly increases the risk of overspray claims, etc.) following the Effective Date, which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW13.
8. Environmental, Health, Safety, Labor, or Industry Requirements. a. The Owner hereby agrees that the promulgation of, enactment of, or modification to any environmental, health, safety, or labor laws, regulations, orders, or ordinances (e.g., EPA or OSHA regulations or standards) following the Effecti ve Date of this SOW13 , which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW13. Furthermore, modifications to industry requirement(s) including, but not limited to , standard(s) or other guidance documents issued by the American Water Works Association, National Sanitary Foundation, and the Association for Materials Protection and Performance, which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW13 . Said equitable adjustment of the Annual Fees in this SOW13 will reasonably reflect the inc reased cost of the Services with newly negotiated Annual Fee(s).
b. The work performed under this SOW13 is subject to prevailing wages, and the workers who are performing work under this SOW13 are to be paid no less than the prevailing hourly rate of wages as set by the appropriate authority. A ny future work performed by workers under this S OW13 will be subject to the wage determination of the appropriate authority which is in effect when the work is performed. However, the Owner and the Company hereby agree that if the prevailing wage rates fo r any job or trade classification increases by m ore than 5% per annum from the Effective Date of this SOW13 to the date in which any future work is to be performed under this SOW13 , then the Company reserves the right to re-negotiate the Annual Fee(s) with the Owner. If the Company and the Owner cannot agree on an equitable adjustment to the Annual Fee(s), then:
(1) the Company will not be obligated to perform the work and (2) the Company will not be obligated to return past Annual Fee(s) received by the Company.
9. Excluded Items. This SOW13 does NOT include the cost for and/or liability on the part of the Company for: (i) containment of the Tank at any time during the term of the SOW13; (ii) disposal of any hazardous waste materials; (iii) resolut ion of operational problems or structural damage due to cold weather; (iv) repair of structural damage due
to antenna installations or other attachments for which the Tank was not originally designed; (v) resolution of operational problems or repair of str uctural damage or site damage caused by physical conditions below the surface of the ground; (vi) negligent acts of Owner’s employees, agents or contractors; (vii) damages, whether foreseen or unforeseen, caused by the Owner’s use of pressure relief valves ; (viii) repairs to the foundation of the Tank; (ix) any latent defects or inaccessible areas of the Tank or its components (including, but not limited to, (a) corrosion from the underside of the floor plates, and (b) inaccessible areas of the Tank such as the area between the bottom of the roof plate and the top of the roof rafter); (x) the maintenance, repair or replacement of any electrical components (to include any lighting, such as aviation lights); (xi) the maintenance, repair or replacement of fill lines, insulation, and/or frost jackets; (xii) the maintenance, repair, or replacement of piping of any kind below ground level; and (xiii) other conditions which are beyond the Owner’s and Company’s control, including, but not limited to: acts of God and acts of terrorism. Acts of God include, but are not limited to, any damage to the Tank or Tank Site which is caused by seismic activity, hurricanes, and/or tornadoes. Acts of terrorism include, but are not limited to, any damage to the Tank or Tank Sit e which results from an unauthorized entry of any kind to the Tank or Tank Site.
10.Termination. This SOW13 is subject to termination by the Owner only at the end of the then-current Contract Year if written notice of intent to terminate is received by the Company at least sixty (60) days prior to the first day of the upcoming Contract Year. If the notice of intent to terminate is not received at least sixty (60) days prior to the first day of the upcoming Contract Year, this SOW13 shall renew for an addi tional Contract Year and expire at the end of the upcoming Contract Year. In such an event, the Owner agrees that it shall be responsible to pay the Annual Fee for the upcoming Contract Year.
The notice of intent to terminate must be sent by certified mai l, with return receipt requested, to Utility S ervice Co., Inc., Attention: Customer Service, Post Office Box 1350, Perry, Georgia 31069, and signed by the General Manager . Notice of intent to terminate cannot be delivered electronically or verbally (e.g., email, text, phone call, etc.).
The Owner acknowledges and agrees that the Company has advanced Services to the Owner, and the Company has not received full payment for the Services previously performed. Therefore, if the Owner elects to terminate this SOW13 prior to remitting the first ten (10) Annual Fees, then the applicable fees in Attachment 2 – Schedule of Cancellation Fees shall be due and payable within thirty (30) days of the Company’s receipt of the Owner’s Notice to Terminate. Attachment 2 is attached to this Exhibit A-13 and incorporated herein by reference.
11. Warranty on Labor and Materials Following Renovation of Tank. During the 10 - year term of this SOW13 (hereinafter, “Warranty Period”), the Company warrants to the Owner that the Services are free from defects in materials and workmanship under normal and proper use within the Warranty Period (hereinafter, “Covered Defect”). If a defect in material and/or workmanship is identified by Owner during the Warranty Period, then Owner shall promptly notify the Company of the nature of the defect i n writing. The Company will also perform inspections of the Tank during the term of this SOW13, and the Company will give n otice of defects to the Owner if it identifies any during i ts inspections of the Tank. Following the receipt of s uch notice, the Company shall inspect the work to determine if a Covered Defect exis ts. The Company ’s inspection shall be performed on a date that is mutually agreeable to the Owner and the Company . I f a Covered Defect exists, the Company ’s liability shall be discharged by the Company providing the labor and materials to re- work or re -line any part or parts of the work
product produced during t he applicable renovation of the Tank . For the avoidance of doubt and notwithstanding the foregoing, the Owner hereby agrees that the warranty provided in this Section 11: (i) only applies to work performed on the Tank by the Company, and (ii) does not commence during the Warranty Period until the Company performs an interior renovation or exterior renovation on the Tank. Once the Tank is renovated pursuant to the schedule of work in Section 3, the warranty will apply to the renovation work performed by the Company from the time the renovation project is completed until the end of the 10- year Warranty Period. However, the Company does agree to perform touch -up paint work on the Tank prior to the performance of a scheduled renovation, but any such touch -up paint work shall be limited to no more than 500 square feet . For the avoidance of doubt, all warranties on any renovation work performed by the Company during the term of this SOW13 will terminate at the end of the 10-year term of this SOW13. The Company will not warranty any work beyond the 10 - year term of this SOW13, unless the Parties mutually agree to an extension of the term of this SOW13 prior to its expiration.
12. Visual Inspection Disclaimer. This SOW13 is based upon a visual inspection of the Tank. The Owner and the Company hereby acknowledge and agre e that a v isual inspection is intended to assess the condition of the Tank for all patent defects. If latent defects are identified once the Tank has been drained and is made available to the Company, the Owner agrees and acknowledges that the Company s hall not be responsible to repair the latent defects unless the Owner and the Company re -negotiate the Annual Fees. The definition of a “latent defect” shall be any defect of the Tank which is not easily discovered (e.g., corrosion of the floor plates, corr osion of the roof plates or rafters, corrosion in areas inaccessible to maintain, damage to the roof of the Tank which is not clearly discoverable during the visual inspection, etc.).
13. Excessive Inflation. In the event that the aggregate of the Annual Inflation Rates (defined herein below) established for two (2) consecutive calendar years during the term of this SOW11 exceeds 6% in total (either upwards or downwards) , the O wner and the Company agree to renegotiate the Annual Fees and adjust the Annual Fees throughout the remaining term of this SOW13 to either compensate the Company for the excessive inflation or to reduce future costs for the Owner . For purposes of this provision, the Annual Inflation Rate for each cale ndar year shall be established by the Engi neering News Report – Construction Cost Index (“ENR -CCI”). In the event that the ENR -CCI index is discontinued, the Owner and the Company will negotiate and agree to an alternative index or methodology to addres s the excessive inflation. For illustrative purposes, if SOW1 3 is executed in 2022, the first equitable adjustment could not be made until both the 2023 inflation rate and the 2024 inflation rate have been established.
If the Annual Inflation R ates for 2023 and 2024 are 2.0% and 4.1%, respectively, the Owner and the Company agree to renegotiate the current year’s Annual Fee as well as the remaining Annual Fees for the remainder of the term of SOW13 to address the excessive inflation.
____________________________________________________________________________
SIGNATURE PAGE TO FOLLOW.
____________________________________________________________________________
The SOW13 is executed and effective as of the date last signed by the parties below.
OWNER COMPANY
Victorville Water District Utility Service Co., Inc.
By: By:
Name: Name: Karine Rouge
Title: Title: President
Date: Date:
ATTACHMENT 1
Annual Fees/Invoicing
ATTACHMENT 2
Schedule of Cancellation Fees
EXHIBIT A-14
SCOPE OF WORK NO. 14
TO THE MASTER SERVICES AGREEMENT BETWEEN
UTILITY SERVICE CO., INC.
AND
THE VICTORVILLE WATER DISTRICT
WATER TANK MAINTENANCE – 2,500,000 Gallon Ground Storage Tank – Tank 117
1. Effective Date. The Effective D ate for this S cope of Work No. 14 (“SOW14”) shall be ________________, 20______.
2. Term. This SOW14 shall commence on the Effective Date and shall continue in ful l force and effect for a period of ten (10) years, unless this SOW14 is terminated earlier pursuant to Section 10 herein. For purposes of this SOW14, “Contract Year” shall mean each one- year period beginning on the Effective Date and ending on the day immediately prior to the next succeeding anniversary of the Effective Date (which shall be Contract Year 1) and for each successive period beginning on the anniversary date of the Effective Date and ending on the day immediately prior to the next succeeding anniversary of the Effective Date (hereinafter, “Contract Year” or collectively, “Contract Years”).
3. Company’s Engagement and Responsibilities. The Owner agrees to engage the Company to provide the professional services needed to maintain its 2,5 000,000 gallon water storage tank located at 11575 Balsam Avenue, Victorville, California 92394 (hereinafter, “the Tank”). This SOW14 outlines the Company’s responsibility for the care and maintenance of the Tank thereafter. The services (collectively, “the Services”) that the Company will provide include the following:
a. The Tank shall receive repairs prior to the end of Contract Year 1.
The Tank shall receive an exterior renovation prior to the end of Contract Year 6. The Tank shall receive an interior renovation prior to the end of Contract Year 9.
b. The Company will annually inspect the Tank . The Tank w ill be inspected to ensure that the structure is in a sound, watertight condition.
The Company will provide a written inspection report to the Owner following each inspection. The tank will receive ROV inspections every two years and chemical clean washouts every four years. c. Beginning with the first washout inspection, the Company will clean the interior of the Tank and perform a condition assessment on the Tank (hereinafter “Washout Inspection”); however, draining the tank for the Washout Inspection is the Owner’s responsibility . During each Washout Inspection, the Company will apply an NSF 60 approved chemical cleaning agent to the interior walls and floor surfaces of the Tank to treat mineral build- up and bio- film that form on the interior tank su rfaces.
After a Washout Inspection is completed, the interior of the Tank will be thoroughly inspected and disinfected prior to returning the Tank to
service; however, the Owner is responsible for draining and filling the Tank and conducting any required testing of the water before returning the Tank to service.
d. When interior or exterior painting of the Tank is performed, all products and procedures as to coating systems will be equal to or exceed the requirements of the State of California and the American Water Works Association’s D102 standard in effect as of the Effective Date. e. The Company will install a lock on the roof hatch of the Tank; however, the provision of such lock does not guarantee the Tank’s security during the term of the SOW14. For the avoidance of doubt, security of the Tank and the site where the Tank is located (hereinafter, “Tank Site”) are the responsibility of the Owner.
f. When the Tank is taken out of service, the Company will furnish pressure relief valves, if request ed by the Owner, so that the Owner can install the valves in its water system while the Tank is being serviced.
The Owner assumes all risk and liability for the installation and use of the pressure relief valves.
g. The Company will f urnish the Owner wit h current certificates of insurance, which will summarize the Company’s insurance coverage.
4. Price/Annual Fees. For the performance of the Services , which are described in Section 3, on the Tank, the Owner shall pay the Company an Annual Fee (hereinaf ter, “Annual Fee”) for each Contract Year of SOW14 . The Annual Fees for each Contract Year are set forth on Attachment 1 to this Exhibit A, which is attached hereto and incorporated herein by reference. For the avoidance of doubt, the Annual Fees for all of the Owner’s water storage t anks are set forth on Attachment 1, and each line of Attachment 1 sets forth the Annual Fees for the applicable Tank during Contract Years 1-
10. For illustrative purposes, the Annual Fee for the Tank subject to this SOW14 in Contract Year 1 is $20,161.00, the Annual Fee for the Tank subject to this SOW14 in Contract Year 6 is $83,682.00, the Annual Fee for the Tank subject to this SOW14 in Contract Year 9 is $539,797.00; however, all ten (10) Annual Fees ar e set forth on the applicable row in Attachment 1. Furthermore, all applicable sales and/or use taxes are the responsibility of the Owner and are in addition to the stated Annual Fees in Attachment 1.
5. Payment Terms. The Annual Fee for Contract Year 1, plus all applicable taxes, shall be due and payable within ninety (90) days of the Owner’s execution of the SOW14. Each subsequent Annual Fee, plus all applicable taxes, shall be due and payable on the first day of each Contract Year thereafter. If the Annual Fee, plus all applicable taxes, are not paid within ninety (90) days of the date of invoice, the Company may charge the Owner a late fee on unpaid balances and may also terminate or suspend Services under this SOW14 without notice. The late fee will be 1.5% per month.
6. Changes or Delays to Services. For purposes of this Section 6 , “Unreasonable Delay” shall mean the Owner’s delay in releasing the Tank or making the Tank available to the Company for the performance of any of the Services descri bed herein for a period of twelve (12) months followi ng the Company’s written request for release or access to the Tank. In the event of Unreasonable Delay , the Company reserves the right to recover its reasonable costs related to the Unreasonable Delay , and the Owner agrees to negotiate with the Company in good faith to determine the amount of its reasonable costs caused by such Unreasonable Delay . Furthermore, modifications
to the schedule of work set forth in Section 3 can significantly impact the Company’s costs; therefore, modifications must be mutually agreed to by the Parties, and the Company reserves the right to renegotiate the Annual Fees in the event that the schedule of work is modified. Also, the Owner hereby agrees that the Company can replac e a Washout Inspection of the Tank with a visual inspection, remotely operated vehicle inspection (“ROV Inspection”), or unmanned aerial vehicle inspection (“UAV Inspection”) without requiring the modification of this SOW14.
7. Structure of Tank and Tank Site Conditions. The Company is accepting this Tank to maintain pursuant to the requirements of this SOW14 based upon its existing structure and components as of the Effective Date (defined hereinafter) . Any modifications to the Tank, including antenna installations, shall be approved by the Company, pr ior to installation and may warrant an increase in the Annual Fees. In addition, changes in the condition of the Tank Site and/or any adjoining properties (e.g., construction of a mall next to the Tank Site which significantly increases the risk of oversp ray claims, etc.) following the Effective Date, which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW14.
8. Environmental, Health, Safety, Labor, or Industry Requirements. a. The Owner hereby agrees that the promulgation of, enactment of, or modification to any environmental, health, safety, or labor laws, regulations, orders, or ordinances (e.g., EPA or OSHA r egulations or standards) following the Effective Date of this SOW14, which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW14. Furthermore, modifications to industry requirement(s) including, but not limited to, standard(s) or other guidance documents issued by the American Water Works Association, National Sanitary Foundation, and the Association for Materials Protection and Performance, which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW14 . Said equitable adjustment of the Annual Fees in this SOW14 will reasonably reflect the inc reased cost of the Services with newly negotiated Annual Fee(s).
b. The work performed under this SOW14 is subject to prevailing wages, and the workers who are performing work under this SOW14 are to be paid no less than the prevailing hourly rate of wages as set by the appropriate authority. Any future work performed by workers under this SOW14 will be subject to the wage determination of the appropriate authority which is in effect when the work is performed. However, the Owner and the Company hereby agree that if the prevailing wage rates for any job or trade classification increases by m ore than 5% per annum from the Effective Date of this SOW14 to the date in which any future work is to be performed under this SOW14 , then the Company reserves the right to re-negotiate the Annual Fee(s) with t he Owner. If the Company and the Owner cannot agree on an equitable adjustment to the Annual Fee(s), then:
(1) the Company will not be obligated to perform the work and (2) the Company will not be obligated to return past Annual Fee(s) received by the Company.
9. Excluded Items. This SOW14 does NOT include the cost for and/or liability on the part of the Company for: (i) containment of the Tank at any time during the term of the SOW14; (ii) disposal of any hazardous waste materials; (iii) resolution of operational problems or structural damage due to cold weather; (iv) repair of structural damage due
to antenna installations or other attachments for which the Tank was not originally designed; (v) resolution of operational problems or repair of struc tural damage or site damage caused by physical condit ions below the surface of the ground; (vi) negligent acts of Owner’s employees, agents or contractors; (vii) damages, whether foreseen or unforeseen, caused by the Owner’s use of pressure relief valves; (viii) repairs to the foundation of the Tank; (ix) an y latent defects or inaccessible areas of the Tank or its components (including, but not limited to, (a) corrosion from the underside of the floor plates, and (b) inaccessible areas of the Tank such as t he area between the bottom of the roof plate and the top of the roof rafter); (x) the maintenance, repair or replacement of any electrical components (to include any lighting, such as aviation lights); (xi) the maintenance, repair or replacement of fill l ines, insulation, and/or frost jackets; (xii) the maintenance, repair, or replacement of piping of any kind below ground level; and (xiii) other conditions which are beyond the Owner’s and Company’s control, including, but not limited to: acts of God and acts of terrorism. Acts of God include, but are not limited to, any damage to the Tank or Tank Site which is caused by seismic activity, hurricanes, and/or tornadoes. Acts of terrorism include, but are not limited to, any damage to the Tank or Tank Site which results from an unauthorized entry of any kind to the Tank or Tank Site.
10.Termination. This SOW14 is subject to termination by the Owner only at the end of the then-current Contract Year if written notice of intent to terminate is received by the Company at least sixty (60) days prior to the first day of the upcoming Contract Year. If the notice of intent to terminate is not received at least sixty (60) days prior to the first day of the upcoming Contract Year, this SOW14 shall renew for an additi onal Contract Year and expire at the end of the upc oming Contract Year. In such an event, the Owner agrees that it shall be responsible to pay the Annual Fee for the upcoming Contract Year.
The notice of intent to terminate must be sent by certified mail, with return receipt requested, to Utility Service Co ., Inc., Attention: Customer Service, Post Office Box 1350, Perry, Georgia 31069, and signed by the General Manager. Notice of intent to terminate cannot be delivered electronically or verbally (e.g., email, text, phone call, etc.).
The Owner acknowledges and agrees that the Company has advanced Services to the Owner, and the Company has not received full payment for the Services previously performed. Therefore, if the Owner el ects to terminate this SO W14 prior to remitting the first ten (10) Annual Fees, then the applicable fees in Attachment 2 – Schedule of Cancellation Fees shall be due and payable within thirty (30) days of the Company’s receipt of the Owner’s Notice to Termi nate. Attachment 2 is attached to this Exhibit A-14 hereto and incorporated herein by reference.
11. Warranty on Labor and Materials Following Renovation of Tank. During the 10 - year term of this SOW14 (hereinafter, “Warranty Period”), the Company warrants to the Owner that the Services are free from defects in materials and workmanship under normal and proper use within the Warranty Period (hereinafter, “Covered Defect”). If a defect in material and/or workmanship is identified by Owner during the Warranty Period, then Owner shall promptly notify the Company of the nature of the defect i n writing. The Company will also perform inspections of the Tank during the term of this SOW14, and the Company will give n otice of defects to the Owner if it identifies any during its inspections of the Tank. Following the receipt of s uch notice, the Company shall inspect the work to determine if a Covered Defect exis ts. The Company ’s inspection shall be performed on a date that is mutually agreeable to the Owner and the Company . If a Covered Def ect exists, the Company ’s liability shall be discharged by the Company providing the labor and materials to re- work or re -line any part or parts of the work
product produced during t he applicable renovation of the Tank . For the avoidance of doubt and notwithstanding the foregoing, the Owner hereby agrees that the warranty provided in this Section 11: (i) only applies to work performed on the Tank by the Company, and (ii) does not commence during the Warranty Period until the Company performs an int erior renovation or exterior renovation on the Tank. Once the Tank is renovated pursuant to the schedule of work in Section 3, the warranty will apply to the renovation work performed by the Company from the time the renovation project is completed until the end of the 10- year Warranty Period. However, the Company does agree to perform touch -up paint work on the Tank prior to the performance of a scheduled renovation, but any such touch -up paint work shall be limited to no more than 500 square feet. For the avoidance of doubt, all warranties on any renovation work performed by the Company during the term of this SOW14 will terminate at the end of the 10-year term of this SOW14. The Company will not warranty any work beyond the 10 - year term of this SOW14, unless the Parties mutually agree to an extension of the term of this SOW14 prior to its expiration.
12. Visual Inspection Disclaimer. This SOW14 is based upon a visual inspection of the Tank. The Owner and the Company hereby acknowledge and agree tha t a visual inspection is intended to assess the condition of the Tank for all patent defects. If latent defects are identified once the Tank has been drained and is made available to the Company, the Owner agrees and acknowledges that the Company shall no t be responsible to repair the latent defects unless the Owner and the Company re -negotiate the Annual Fees. The definition of a “latent defect” shall be any defect of the Tank which is not easily discovered (e.g., corrosion of the floor plates, corrosion of the roof plates or rafters, corrosion in areas inaccessible to maintain, damage to the roof of the Tank which is not clearly discoverable during the visual inspection, etc.).
13. Excessive Inflation. In the event that the aggregate of the Annual Infl ation Rates (defined herein below) established for two (2) consecutive calendar years during the term of this SOW11 exceeds 6% in total (either upwards or downwards) , the O wner and the Company agree to renegotiate the Annual Fees and adjust the Annual Fees throughout the remaining term of this SOW14 to either compensate the Company for the excessive inflation or to reduce future costs for the Owner . For purposes of this provision, the Annual Inflation Rate for each cale ndar year shall be established by the Engineering News Report – Construction Cost Index (“ENR -CCI”). In the event that the ENR -CCI index is discontinued, the Owner and the Company will negotiate and agree to an alternative index or methodology to addres s the excessive inflation. For illustr ative purposes, if SOW1 4 is executed in 2022, the first equitable adjustment could not be made until both the 2023 inflation rate and the 2024 inflation rate have been established.
If the Annual Inflation R ates for 2023 and 2024 are 2.0% and 4.1%, respect ively, the Owner and the Company agree to renegotiate the current year’s Annual Fee as well as the remaining Annual Fees for the remainder of the term of SOW14 to address the excessive inflation.
____________________________________________________________________________
SIGNATURE PAGE TO FOLLOW.
____________________________________________________________________________
The SOW14 is executed and effective as of the date last signed by the parties below.
OWNER COMPANY
Victorville Water District Utility Service Co., Inc.
By: By:
Name: Name: Karine Rouge
Title: T itle: President
Date: Date:
ATTACHMENT 1
Annual Fees/Invoicing
ATTACHMENT 2
Schedule of Cancellation Fees
6EXHIBIT A-15
SCOPE OF WORK NO. 15
TO THE MASTER SERVICES AGREEMENT BETWEEN
UTILITY SERVICE CO., INC.
AND
THE VICTORVILLE WATER DISTRICT
WATER TANK MAINTENANCE – 3,000,000 Gallon Ground Storage Tank – Tank 118
1. Effective Date. The Effective D ate for this Scope of Work No. 15 (“SOW15”) shall be ________________, 20______.
2. Term. This SOW15 shall commence on the Effective Date and shall continue in ful l force and effect for a period of ten (10) years, unless this SOW15 is terminated earlier pursuant to Section 10 herein. For purposes of this SOW15, “Contract Year” shall mean each one- year period beginning on the Effective Date and ending on the day immediately prior to the next succeeding anniversary of the Effective Date (which shall be Contract Year 1) and for each successive period beginning on the anniversary date of the Effective Date and ending on the day immediately prior to the next succeeding anniversary of the Effective Date (hereinafter, “Contract Year” or collectively, “Contract Years”).
3. Company’s Engagement and Responsibilities. The Owner agrees to engage the Company to provide the professional services needed to maintain its 3,0 000,000 gallon water storage tank located at 14442 Dos Palmas Road, Victorville, California 92394 (hereinafter, “the Tank”). This SOW15 outlines the Company’s responsibility for the care and maintenance of the Tank thereafter. The services (collectively, “the Services”) that the Company will provide include the following:
a. The Tank shall receive repairs prior to the end of Contract Year 1.
The Tank shall receive an exterior renovation and interior renovation prior to the end of Contract Year 6.
b. The Company will annually inspect the Tank . The Tank will be inspected to ensure that the structure is in a s ound, watertight condition.
The Company will provide a written inspection report to the Owner following each inspection. The tank will receive ROV inspections every two years and chemical clean washouts every four years. c. Beginning with the first washout inspection, the Company will clean the interior of the Tank and perform a condition assessment on the Tank (hereinafter “Washout Inspection”); however, draining the tank for the Washout Inspection is the Owner’s responsibility . During each Washout Inspection, the Company will apply an NSF 60 approved chemical cleaning agent to the interior walls and floor surfaces of the Tank to treat mineral build- up and bio- film that form on the interior tank surfaces.
After a Washout Inspectio n is completed, the interior of the Tank will be thoroughly inspected and disinfected prior to returning the Tank to service; however, the Owner is responsible for draining and filling the
Tank and conducting any required testing of the water before returning the Tank to service.
d. When interior or exterior painting of the Tank is performed, all products and procedures as to coating systems will be equal to or exceed the requirements of the State of California and the American Water Works Association’s D102 standard in effect as of the Effective Date. e. The Company will install a lock on the roof hatch of the Tank; however, the provision of such lock does not guarantee the Tank’s security during the term of the SOW15 . For the avoidance of doubt, security of the Tank and the site where the Tank is located (hereinafter, “Tank Site”) are the responsibility of the Owner.
f. When the Tank is taken out of service, the Company will furnish pressure relief valves, if requested by the Owner, so that the Owner can install the valves in its water system while the Tank is being serviced.
The Owner assumes all risk and liability for the installation and use of the pressure relief valves.
g. The Company will furnish the Owner with current certificates of insurance, which will summarize the Company’s insurance coverage.
4. Price/Annual Fees. For the performance of the Services , which are described in Section 3, on the Tank, the Owner shall pay the Company an Annual Fee (hereinafter, “Annual Fee”) for each C ontract Year of SOW15 . The Annual Fees for each Contract Year are set forth on Attachment 1 to this Exhibit A-15, which is attached hereto and incorporated herein by reference. For the avoidance of doubt, the Annual Fees for all of the Owner’s water storage t anks are set forth on Attachment 1, and each line of Attachment 1 sets forth the Annual Fees for the applicable Tank during Contract Years 1-
10. For illustrative purposes, the Annual Fee for the Tank subject to this SOW15 in Contract Year 1 is $6,494.00, the Annual Fee for the Tank subject to this SOW15 in Contract Year 6 is $528,416.00; however, all ten (10) Annual Fees are set forth on the applicable row in Attachment 1. Furthermore, all applicable sales and/or use taxes are the responsibility of the Owner and are in addition to the stated Annual Fees in Attachment 1.
5. Payment Terms. The Annual Fee for Contract Year 1, plus all applicable taxes, shall be due and payable within ninety (90) days of the Owner’s execution of the SOW15. Each subsequent Annual Fee, plus all applicable taxes, shall be due and payable on the first day of each Contract Year thereafter. If the Annual Fee, plus all applicable taxes, are not paid within ninety (90) days of the date of invoice, the Company may charge the Owner a late fee on unpaid balances and may also terminate or suspend Services under this SOW15 without notice. The late fee will be 1.5% per month.
6. Changes or Delays to Services. For purposes of this Section 6 , “Unreasonable Delay” shall mean the Owner’s de lay in releasing the Tank or making the Tank available to the Company for the performance of any of the Services described herein for a period of twelve (12) months following the Company’s written request for release or access to the Tank. In the event of Unreasonable Delay, the Company reserves the right to recover its reasonable costs related to the Unreasonable Delay , and the Owner agrees to negotiate with the Company in good faith to determine the amount of its reasonable costs caused by such Unreasonabl e Delay. Furthermore, modifications to the schedule of work set forth in Section 3 can significantly impact the Company’s costs; therefore, modifications must be mutually agreed to by the Parties, and the
Company reserves the right to renegotiate the Annual Fees in the event that the schedule of work is modifi ed. Also, the Owner hereby agrees that the Company can replace a Washout Inspection of the Tank with a visual inspection, remotely operated vehicle inspection (“ROV Inspection”), or unmanned aerial vehicle inspection (“UAV Inspection”) without requiring the modification of this SOW15.
7. Structure of Tank and Tank Site Conditions. The Company is accepting this Tank to maintain pursuant to the requirements of this SOW15 based upon its existing structure and components as of the Effective Date (defined hereinafter) . Any modifications to the Tank, including antenna installations, shall be approved by the Company, prior to installation and may warrant an increase in the Annual Fees. In addition, changes in the condition of the Tank Site and/or any adjoining properties (e.g., construction of a mall next to the Tank Site which significantly increases the risk of overspray claims, etc.) following the Effective Date, which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW15.
8. Environmental, Health, Safety, Labor, or Industry Requirements. a. The Owner hereby agrees that the promulgation of, enactment of, or modification to any environmental, health, safety, or labor laws, regulations, orders, or ordinances (e.g., EPA or OSHA regulations or standards) following the Effective Date of this SOW15 , which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW15. Furthermore, modifications to industry requirement(s) including, but not limited to, standard(s) or other guidance documents issued by the American Water Works Association, N ational Sanitary Foundation, and the Association for Materials Protection and Performance, which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW15 . Said equitable adjustment of the Annual Fees in this SOW15 will reasonably reflect the inc reased cost of the Services with newly negotiated Annual Fee(s).
b. The work performed under this SOW15 is subject to prevailing wages, and the workers who are performing work under this SOW15 are to be paid no less than the prevailing hourly rate of wages as set by the appropriate authority. Any future work performed by workers under this SOW15 will be subject to the wage determination of the appropriate authority which is in eff ect when the work is performed. However, the Owner and t he Company hereby agree that if the prevailing wage rates for any job or trade classification increases by m ore than 5% per annum from the Effective Date of this SOW15 to the date in which any future work is to be performed under this SOW15 , then the Company reserves the right to re-negotiate the Annual Fee(s) with the Owner. If the Company and the Owner cannot agree on an equitable adjustment to the Annual Fee(s), then:
(1) the Company will not be o bligated to perform the work and (2) the Company will not be obligated to return past Annual Fee(s) received by the Company.
9. Excluded Items. This SOW15 does NOT include the cost for and/or liability on the part of the Company for: (i) containmen t of the Tank at any time during the term of the SOW15; ( ii) disposal of any hazardous waste materials; (iii) resolution of operational problems or structural damage due to cold weather; (iv) repair of structural damage due to antenna installations or other attachments for which the Tank was not originally designed; (v) resolution of operational problems or repair of structural damage or site
damage caused by physical conditions below the surface of the ground; (vi) negligent acts of Owner’s employees, agen ts or contractors; (vii) damages, whether foreseen or unforeseen, caused by the Owner’s use of pressure relief valves; (viii) repairs to the foundation of the Tank; (ix) any latent defects or inaccessible areas of the Tank or its components (including, but not limited to, (a) corrosion from the underside of the floor plates, and (b) inaccessible areas of the Tank such as the area between the bottom of the roof plate and the top of the roof rafter); (x) the maintenance, repair or replacement of any electric al components (to include any lighting, such as aviation lights); (xi) the maintenance, repair or replacement of fill lines, insulation, and/or frost jackets; (xii) the maintenance, repair, or replacement of piping of any kind below ground level; and (xiii) other conditions which are beyond the Owner’s and Company’s control, including, but not limited to: acts of God and acts of terrorism. Acts of God include, but are not limited to, any damage to the Tank or Tank Site which is caused by seismic activity, hurricanes, and/or tornadoes. Acts of terrorism include, but are not limited to, any damage to the Tank or Tank Site which results from an unauthorized entry of any kind to the Tank or Tank Site.
10.Termination. This SOW15 is subject to termination by the Owner only at the end of the then-current Contract Year if written notice of intent to terminate is received by the Company at least sixty (60) days prior to the first day of the upcoming Contract Year. If the notice of intent to terminate is not received at least sixty (60) days prior to the first day of the upcoming Contract Year, this SOW15 shall renew for an additional Contract Year and expire at the end of the upcoming Contract Year. In such an event, the Owner agrees that it shall be responsible to pay the Annual Fee for the upcoming Contract Year.
The notice of intent to terminate must be sent by certified mail, with return receipt requested, to Utility Service Co., Inc., Attention: Customer Service, Post Office Box 1350, Perry, Georgia 31069, an d signed by the General Manager. Notice of intent to terminate cannot be delivered electronically or verbally (e.g., email, text, phone call, etc.).
The Owner acknowledges and agrees that the Company has advanced Services to the Owner, and the Company has not received full payment for the Services previously performed. Therefore, if the Owner elects to terminate this SOW15 prior to remitting the first ten (10) Annual Fees, then the applicable fees in Attachment 2 – Schedule of Cancellation Fees shall be d ue and payable within thirty (30) days of the Company’s receipt of the Owner’s Notice to Terminate. Attachment 2 is attached to this Exhibit A-15 and incorporated herein by reference.
11. Warranty on Labor and Materials Following Renovation of Tank. During the 10 - year term of this SOW15 (hereinafter, “Warranty Period”), the Company warrants to the Owner that the Services are free from defects in materials and workmanship under normal and proper use within the Warranty Period (hereinafter, “Covere d Defect”). If a defect in material and/or workmanship is identified by Owner during the Warranty Period, then Owner shall promptly notify the Company of the nature of the defect i n writing. The Company will also perform inspections of the Tank during the term of this SOW15, and the Company will give n otice of defects to the Owner if it identifies any during its inspections of the Tank. Following the receipt of s uch notice, the Company shall inspect the work to determine if a Covered Defect exis ts. The Co mpany’s inspection shall be performed on a date that is mutually agreeable to the Owner and the Company . If a Covered Def ect exists, the Company ’s liability shall be discharged by the Company providing the labor and materials to re- work or re -line any part or parts of the work product produced during t he applicable renovation of the Tank . For the avoidance of doubt and notwithstanding the foregoing, the Owner hereby agrees that the warranty
provided in this Section 11: (i) only applies to work performed on the Tank by the Company, and (ii) does not commence during the Warranty Period until the Company performs an interior renovation or exterior renovation on the Tank. Once the Tank is renovated pursuant to the schedule of work in Section 3, the warranty will apply to the renovation work performed by the Company from the time the renovation project is completed until the end of the 10- year Warranty Period. However, the Company does agree to perform touch -up paint work on the Tank prior to the performanc e of a scheduled renovation, but any such touch -up paint work shall be limited to no more than 500 square feet. For the avoidance of doubt, all warranties on any renovation work performed by the Company during the term of this SOW15 will terminate at the end of the 10-year term of this SOW15. The Company will not warranty any work beyond the 10 - year term of this SOW15, unless the Parties mutually agree to an extension of the term of this SOW15 prior to its expiration.
12. Visual Inspection Disclaimer. This SOW15 is based upon a visual inspection of the Tank. The Owner and the Company hereby acknowledge and agree that a visual inspection is intended to assess the condition of the Tank for all patent defects. If latent defects are identified once the Tank has been drained and is made available to the Company, the Owner agrees and acknowledges that the Company shall not be responsible to repair the latent defects unless the Owner and the Company re -negotiate the Annual Fees. The definition of a “latent def ect” shall be any defect of the Tank which is not easily discovered (e.g., corrosion of the floor plates, corrosion of the roof plates or rafters, corrosion in areas inaccessible to maintain, damage to the roof of the Tank which is not clearly discoverable during the visual inspection, etc.).
13. Excessive Inflation. In the event that the aggregate of the Annual Inflation Rates (defined herein below) established for two (2) consecutive calendar years during the term of this SOW11 exceeds 6% in total (either upwards or downwards) , the O wner and the Company agree to renegotiate the Annual Fees and adjust the Annual Fees throughout the remaining term of this SOW15 to either compensate the Company for the excessive inflation or to reduce future costs for the Owner . For purposes of this provision, the Annual Inflation Rate for each cale ndar year shall be established by the Engineering News Report – Construction Cost Index (“ENR -CCI”). In the event that the ENR -CCI index is discontinued, the Owner and the Company will negotiate and agree to an alternative index or methodology to addres s the excessive inflation. For illustrative purposes, if SOW1 5 is executed in 2022, the first equitable adjustment could not be made until both the 2023 inflation rate and the 2024 i nflation rate have been established.
If the Annual Inflation R ates for 2023 and 2024 are 2.0% and 4.1%, respectively, the Owner and the Company agree to renegotiate the current year’s Annual Fee as well as the remaining Annual Fees for the remainder of the term of SOW15 to address the excessive inflation.
____________________________________________________________________________
SIGNATURE PAGE TO FOLLOW.
____________________________________________________________________________
The SOW15 is executed and effective as of the date last signed by the parties below.
OWNER COMPANY
Victorville Water District Utility Service Co., Inc.
By: By:
Name: Name: Karine Rouge
Title: Title: President
Date: Date:
ATTACHMENT 1
Annual Fees/Invoicing
ATTACHMENT 2
Schedule of Cancellation Fees
EXHIBIT A-16
SCOPE OF WORK NO. 16
TO THE MASTER SERVICES AGREEMENT BETWEEN
UTILITY SERVICE CO., INC.
AND
THE VICTORVILLE WATER DISTRICT
WATER TANK MAINTENANCE – 5,000,000 Gallon Ground Storage Tank – Tank 119
1. Effective Date. The Effective D ate for this S cope of Work No. 16 (“SOW16”) shall be ________________, 20______.
2. Term. This SOW16 shall commence on the Effective Date and shall continue in ful l force and effect for a period of ten (10) years, unless this SOW16 is terminated earlier pursuant to Section 10 herein. For purposes of this SOW16, “Contract Year” shall mean each one- year period beginning on the Effective Date and ending on the day immediately prior to the next succeeding anniversary of the Effective Date (which shall be Contract Year 1) and for each successive period beginning on the anniversary date of the Effective Date and ending on the day immediately prior to the next succeeding anniversary of the Effective Date (hereinafter, “Contract Year” or collectively, “Contract Years”).
3. Company’s Engagement and Responsibilities. The Owner agrees to engage the Company to provide the professional services needed to maintain its 5 ,000,000 gallon water storage tank located at 13159 Dahlia Road, Victorville, California 92394 (hereinafter, “the Tank”). This SOW16 outlines the Company’s responsibility for the care and maintenance of the Tank thereafter. The services (collectively, “the Services”) that the Company will provide include the following:
a. The Tank shall receive repairs prior to the end of Contract Year 1.
The Tank shall receive an exterior renovation and interior renovation prior to the end of Contract Year 8.
b. The Company will annually inspect the Tank . The Tank will be inspected to ensure that the structure is in a sound, watertight condition.
The Company will provide a written inspection report to the Owner following each inspection. The tank will receive ROV inspections every two years and chemical clean washouts every four years. c. Beginning with the first washout inspection, the Company will clean the interior of the Tank and perform a condition assessment on the Tank (hereinafter “Washout Inspection”); however, draining the tank for the Washout Inspection is the Owner’s responsibility . During each Washout Inspection, the Company will apply an NSF 60 approved chemical cleaning agent to the interior walls and floor surfaces of the Tank to treat mineral build- up and bio- film that form on the interior tank surfaces.
After a Washout Inspection is completed, the inter ior of the Tank will be thoroughly inspected and disinfected prior to returning the Tank to service; however, the Owner is responsible for draining and filling the
Tank and conducting any required testing of the water before returning the Tank to service.
d. When interior or exterior painting of the Tank is performed, all products and procedures as to coating systems will be equal to or exceed the requirements of the State of California and the American Water Works Association’s D102 standard in effect as of the Effective Date. e. The Company will install a lock on the roof hatch of the Tank; however, the provision of such lock does not guarantee the Tank’s security during the term of the SOW16 . For the avoidance of doubt, security of the Tank and the sit e where the Tank is located (hereinafter, “Tank Site”) are the responsibility of the Owner.
f. When the Tank is taken out of service, the Company will furnish pressure relief valves, if requested by the Owner, so that the Owner can install the valves in its water system while the Tank is being serviced.
The Owner assumes all risk and liability for the installation and use of the pressure relief valves.
g. The Company will furnish the Owner with current certificates of insurance, which will summarize the Company’s insurance coverage.
4. Price/Annual Fees. For the performance of the Services , which are described in Section 3, on the Tank, the Owner shall pay the Company an Annual Fee (hereinafter, “Annual Fee”) for each Contract Year of SOW16. The Annual Fees for each Contract Year are set forth on Attachment 1 to this Exhibit A -16, which is attached hereto and incorporated herein by reference. For the avoidance of doubt, the Annual Fees for all of the Owner’s water storage t anks are set forth on Attachment 1, and each line of Attachment 1 sets forth the Annual Fees for the applicable Tank during Contract Years 1-
10. For illustrative purposes, the Annual Fee for the Tank subject to this SOW16 in Contract Year 1 is $2,739.00, the Annual Fee for the Tank subject to this SOW16 in Contract Year 8 is $924,002.00; however, all ten (10) Annual Fees are set forth on the applicable row in Attachment 1. Furthermore, all applicable sales and/or use taxes are the responsibility of the Owner and are in addition to the stated Annual Fees in Attachment 1.
5. Payment Terms. The Annual Fee for Contract Year 1, plus all applicable taxes, shall be due and payable within ninety (90) days of the Owner’s execution of the SOW16. Each subsequent Annual Fee, plus all applicable taxes, shall be due and payable on the first day of each Contract Year thereafter. If the Annual Fee, plus all applicable taxes, are not paid within ninety (90) days of the date of invoice, the Company may charge the Owner a late fee on unpaid balances and may also terminate or suspend Services under this SOW16 without notice. The late fee will be 1.5% per month.
6. Changes or Delays to Services. For purposes of this Section 6 , “Unreasonable Delay” shall mean the Owner’s delay in releasing the Tank or making the Tank available to the Company for the performance of any of the Services described herein for a period of twelve (12) months following the Company’s written request for release or access to the Tank. In the event of Unreasonable Delay, the Company reserves the right to recover its reasonable costs related to the Unreasonable Delay , and the Owner agrees to negotiate with the Company in good faith to determine the amount of its reasonable costs caused by such Unreasonable Del ay. Furthermore, modifications to the schedule of work set forth in Section 3 can significantly impact the Company’s costs; therefore, modifications must be mutually agreed to by the Parties, and the
Company reserves the right to renegotiate the Annual Fees in the event that the schedule of work is modified. Also, the Owner hereby agrees that the Company can replace a Washout Inspection of the Tank with a visual inspection, remotely operated vehicle inspection (“ROV Inspection”), or unmanned aerial vehicl e inspection (“UAV Inspection”) without requiring the modification of this SOW16.
7. Structure of Tank and Tank Site Conditions. The Company is accepting this Tank to maintain pursuant to the requirements of this SOW16 based upon its existing structure and components as of the Effective Date (defined herei nafter). Any modifications to the Tank, including antenna installations, shall be approved by the Company, prior to installation and may warrant an increase in the Annual Fees. In addition, changes in the condition of the Tank Site and/or any adjoining properties (e.g., construction of a mall next to the Tank Site which significantly increases the risk of overspray claims, etc.) following the Effective Date, which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equi table adjustment of the Annual Fees in this SOW16.
8. Environmental, Health, Safety, Labor, or Industry Requirements. a. The Owner hereby agrees that the promulgation of, enactment of, or modification to any environmental, health, safety, or labor laws, regulations, orders, or ordinances (e.g., EPA or OSHA regulations or standards) following the Effective Date of this SOW16 , which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW16. Furthermore, modifications to industry requirement(s) including, but not limited to, standard(s) or other guidance documents issued by the American Water Works Association, National Sanitary Foundation, and the Association for Materials Protection and Performance, which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW16 . Said equitable adjustment of the Annual Fees in this SOW16 will reasonably reflect the inc reased cost of the Services with newly negotiated Annual Fee(s).
b. The work performed under this SOW16 is subject to prevailing wages, and the workers who are performing work under this SOW16 are to be paid no less than the prevailing hourl y rate of wages as set by the appropriate authority. Any future work performed by workers under this SOW16 will be subject to the wage determination of the appropriate authority which is in effect when the work is performed. However, the Owner and the Co mpany hereby agree that if the prevailing wage rates for any job or trade classification increases by m ore than 5% per annum from the Effective Date of this SOW16 to the date in which any future work is to be performed under this SOW16 , then the Company re serves the right to re-negotiate the Annual Fee(s) with the Owner. If the Company and the Owner cannot agree on an equitable adjustment to the Annual Fee(s), then:
(1) the Company will not be obligated to perform the work and (2) the Company will not be obligated to return past Annual Fee(s) received by the Company.
9. Excluded Items. This SOW16 does NOT include the cost for and/or liability on the part of the Company for: (i) containment of t he Tank at any time during the term of the SOW16; (ii) d isposal of any hazardous waste materials; (iii) resolution of operational problems or structural damage due to cold weather; (iv) repair of structural damage due to antenna installations or other attachments for which the Tank was not originally designed; (v) resolution of operational problems or repair of structural damage or site
damage caused by physical conditions below the surface of the ground; (vi) negligent acts of Owner’s employees, agents or contractors; (vii) damages, whether foreseen or unforeseen, caused by the Owner’s use of pressure relief valves; (viii) repairs to the foundation of the Tank; (ix) any latent defects or inaccessible areas of the Tank or its components (including, but not l imited to, (a) corrosion from the underside of the floor plates, and (b) inaccessible areas of the Tank such as the area between the bottom of the roof plate and the top of the roof rafter); (x) the maintenance, repair or replacement of any electrical com ponents (to include any lighting, such as aviation light s); (xi) the maintenance, repair or replacement of fill lines, insulation, and/or frost jackets; (xii) the maintenance, repair, or replacement of piping of any kind below ground level; and (xiii) other conditions which are beyond the Owner’s and Company’s control, including, but not limited to: acts of God and acts of terrorism. Acts of God include, but are not limited to, any damage to the Tank or Tank Site which is caused by seismic activity, hurri canes, and/or tornadoes. Acts of terrorism include, but are not limited to, any damage to the Tank or Tank Site which results from an unauthorized entry of any kind to the Tank or Tank Site.
10.Termination. This SOW16 is subject to termination by the Owner only at the end of the then-current Contract Year if written notice of intent to terminate is received by the Company at least sixty (60) days prior to the first day of the upcoming Contract Year. If the notice of intent to terminate is not received at least sixty (60) days prior to the first day of the upc oming Contract Year, this SOW16 shall renew for an additional Contract Year and expire at the end of the upcoming Contract Year. In such an event, the Owner agrees that it shall be responsible to pay the Annual Fee for the upcoming Contract Year.
The noti ce of intent to terminate must be sent by certified mail, with return receipt requested, to Utility Service Co., Inc., Attention: Customer Service, Post Office Box 1350, Perry, Georgia 31069, and signed by the General Manager. Notice of intent to terminate cannot be delivered electronically or verbally (e.g., email, text, phone call, etc.).
The Owner acknowledges and agrees that the Company has advanced Services to the Owner, and the Company has not received full payment for the Services previously performed. Therefore, if the Owner elects to terminate this SOW16 prior to remitting the first ten (10) Annual Fees, then the applicable fees in Attachment 2 – Schedule of Cancellation Fees shall be due and payable within thirty (30) days of the Company’s receipt of the Owner’s Notice to Terminate. Attachment 2 is attached to this Exhibit A-16 and incorporated herein by reference.
11. Warranty on Labor and Materials Following Renovation of Tank. During the 10 - year term of this SOW16 (hereinafter, “Warranty Period”), the Company warrants to the Owner that the Services are free from defects in materials and workmanship under normal and proper use within the Warranty Period (hereinafter, “Covered Def ect”). If a defect in material and/or workmanship is identified by Owner during the Warranty Period, then Owner shall promptly notify the Company of the nature of the defect i n writing. The Company will also perform inspections of the Tank during the ter m of this SOW16, and the Company will give n otice of defects to the Owner if it identifies any during its inspections of the Tank. Following the receipt of s uch notice, the Company shall inspect the work to determine if a Covered Defect exis ts. The Company ’s inspection shall be performed on a date that is mutually agreeable to the Owner and the Company . If a Covered Def ect exists, the Company ’s liability shall be discharged by the Company providing the labor and materials to re- work or re -line any part or parts of the work product produced during t he applicable renovation of the Tank . For the avoidance of doubt and notwithstanding the foregoing, the Owner hereby agrees that the warranty
provided in this Section 11: (i) only applies to work performed on the Tank by the Company, and (ii) does not commence during the Warranty Period until the Company performs an interior renovation or exterior renovation on the Tank. Once the Tank is renovated pursuant to the schedule of work in Section 3, the warranty will appl y to the renovation work performed by the Company from the time the renovation project is completed until the end of the 10- year Warranty Period. However, the Company does agree to perform touch -up paint work on the Tank prior to the performance of a scheduled renovation, but any such touch -up paint work shall be limited to no more than 500 square feet. For the avoidance of doubt, all warranties on any renovation work performed by the Company during the term of this SOW16 will terminate at the end of the 10-year term of this SOW16. The Company will not warranty any work beyond the 10 - year term of this SOW16, unless the Parties mutually agree to an extension of the term of this SOW16 prior to its expiration.
12. Visual Inspection Disclaimer. This SOW16 is based upon a visual inspection of the Tank. The Owner and the Company hereby acknowledge and agree that a visual inspection is intended to assess the condition of the Tank for all patent defects. If latent defects are identified once the Tank has been drained and is made available to the Company, the Owner agrees and acknowledges that the Company shall not be responsible to repair the latent defects unless the Owner and the Company re -negotiate the Annual Fees. The definition of a “latent defect” sh all be any defect of the Tank which is not easily discovered (e.g., corrosion of the floor plates, corrosion of the roof plates or rafters, corrosion in areas inaccessible to maintain, damage to the roof of the Tank which is not clearly discoverable during the visual inspection, etc.).
13. Excessive Inflation. In the event that the aggregate of the Annual Inflation Rates (defined herein below) established for two (2) consecutive calendar years during the term of this SOW11 exceeds 6% in total (either upwards or downwards) , the O wner and the Company agree to renegotiate the Annual Fees and adjust the Annual Fees throughout the remaining term of this SOW16 to either compensate the Company for the excessive inflation or to reduce future costs for the Owner . Fo r purposes of this provision, the Annual Inflation Rate for each cale ndar year shall be established by the Engineering News Report – Construction Cost Index (“ENR -CCI”). In the event that the ENR -CCI index is discontinued, the Owner and the Company will negotiate and agree to an alternative index or methodology to addres s the excessive inflation. For illustrative purposes, if SOW1 6 is executed in 2022, the first equitable adjustment could not be made until both the 2023 inflation rate and the 2024 inflati on rate have been established.
If the Annual Inflation R ates for 2023 and 2024 are 2.0% and 4.1%, respectively, the Owner and the Company agree to renegotiate the current year’s Annual Fee as well as the remaining Annual Fees for the remainder of the term of SOW16 to address the excessive inflation.
____________________________________________________________________________
SIGNATURE PAGE TO FOLLOW.
____________________________________________________________________________
The SOW16 is executed and effective as of the date last signed by the parties below.
OWNER COMPANY
Victorville Water District Utility Service Co., Inc.
By: By:
Name: Name: Karine Rouge
Title: Title: President
Date: Date:
ATTACHMENT 1
Annual Fees/Invoicing
ATTACHMENT 2
Schedule of Cancellation Fees
EXHIBIT A-17
SCOPE OF WORK NO. 17
TO THE MASTER SERVICES AGREEMENT BETWEEN
UTILITY SERVICE CO., INC.
AND
THE VICTORVILLE WATER DISTRICT
WATER TANK MAINTENANCE – 5,000,000 Gallon Ground Storage Tank – Tank 120
1. Effective Date. The Effective D ate for this S cope of Work No. 17 (“SOW17”) shall be ________________, 20______.
2. Term. This SOW17 shall commence on the Effective Date and shall continue in ful l force and effect for a period of ten (10) years, unless this SOW17 is terminated earlier pursuant to Section 10 herein. For purposes of this SOW17, “Contract Year” shall mean each one- year period beginning on the Effective Date and ending on the day immediately prior to the next succeeding anniversary of the Effective Date (which shall be Contract Year 1) and for each successive period beginning on the anniversary date of the Effective Date and ending on the day immediately prior to the next succeeding anniversary of the Effective Date (hereinafter, “Contract Year” or collectively, “Contract Years”).
3. Company’s Engagement and Responsibilities. The Owner agrees to engage the Company to provide the professional services needed to maintain its 5 ,000,000 gallon water storage tank located at 12839 Balsam Road, Victorville, California 92394 (hereinafter, “the Tank”). This SOW17 outlines the Company’s responsibility for the care and maintenance of the Tank thereafter. The services (collectively, “the Services”) that the Company will provide include the following:
a. The Tank shall receive repairs prior to the end of Contract Year 1.
The Tank shall receive an exterior renovation prior to the end of Contract Year 5. The Tank shall receive an interior renovation prior to the end of Contract Year 8.
b. The Company will annually inspect the Tank . The Tank will be inspected to ensure that the structure is in a sound, watertight condition.
The Company will provide a written inspection report to the Owner following each inspection. The tank will receive ROV inspections every two years and chemical clean washouts every four years. c. Beginning with the first washout inspection, the Company will clean the interior of the Tank and perform a condition assessment on the Tank (hereinafter “Washout Inspection”); however, draining the tank for the Washout Inspection is the Owner’s r esponsibility. During each Washout Inspection, the Company will apply an NSF 60 approved chemical cleaning agent to the interior walls and floor surfaces of the Tank to treat mineral build- up and bio- film that form on the interior tank surfaces.
After a Washout Inspection is completed, the interior of the Tank will be thoroughly inspected and disinfected prior to returning the Tank to
service; however, the Owner is responsible for draining and filling the Tank and conducting any required testing of the water before returning the Tank to service.
d. When interior or exterior painting of the Tank is performed, all products and procedures as to coating systems will be equal to or exceed the requirements of the State of California and the American Water Works Association’s D102 standard in effect as of the Effective Date. e. The Company will install a lock on the roof hatch of the Tank; however, the provision of such lock does not guarantee the Tank’s security during the term of the SOW17. For the avoidance of doubt, security of the Tank and the site where the Tank is located (hereinafter, “Tank Site”) are the responsibility of the Owner.
f. When the Tank is taken out of service, the Company will furnish pressure relief valves, if requested by the Owner, so that the Owner can install the valves in its water system while the Tank is being serviced.
The Owner assumes all risk and liability for the installation and use of the pressure relief valves.
g. The Company wil l furnish the Owner with current certificates of insurance, which will summarize the Company’s insurance coverage.
4. Price/Annual Fees. For the performance of the Services , which are described in Section 3, on the Tank, the Owner shall pay the Company an Annual Fee (hereinafter, “Annual Fee”) for each Contract Year of SOW17 . The Annual Fees for each Contract Year are set forth on Attachment 1 to this Exhibit A -17, which is attached hereto and incorporated herein by reference. For the avoidance of doubt , the Annual Fees for all of the Owner’s wat er storage t anks are set forth on Attachment 1, and each line of Attachment 1 sets forth the Annual Fees for the applicable Tank during Contract Years 1-
10. For illustrative purposes, the Annual Fee for the Tank subject to this SOW17 in Contract Year 1 is $34,353.00, the Annual Fee for the Tank subject to this SOW17 in Contract Year 5 is $201,908.00, the Annual Fee for the Tank subject to this SOW17 in Contract Year 8 is $1,247,161.00; however, all ten (10) Annual Fees are set forth on the applicable row in Attachment 1. Furthermore, all applicable sales and/or use taxes are the responsibility of the Owner and are in addition to the stated Annual Fees in Attachment 1.
5. Payment Terms. The Annual Fee for Contract Year 1, plus all applicable taxes, shall be due and payable within ninety (90) days of the Owner’s execution of the SOW17. Each subsequent Annual Fee, plus all applicable taxes, shall be due and payable on the first day of each Contract Year thereafter. If the Annual Fee, plus all applicable taxes, are not paid within ninety (90) days of the date of invoice, the Company may charge the Owner a late fee on unpaid balances and may also terminate or suspend Services under this SOW17 without notice. The late fee will be 1.5% per month.
6. Changes or Delays to Services. For purposes of this Section 6 , “Unreasonable Delay” shall mean the Owner’s delay in releasing the Tank or making the Tank available to the Company for the performance of any of the Services described herein for a period of twelve (12) months f ollowing the Company’s written request for release or access to the Tank. In the event of Unreasonable Delay , the Company reserves the right to recover its reasonable costs related to the Unreasonable Delay, and the Owner agrees to negotiate with the Company in good faith to determine the amount of its reasonable costs caused by such Unreasonable Delay . Furthermore, modifications
to the schedule of work set forth in Section 3 can significantly impact the Company’s costs; therefore, modifications must be mutually agreed to by the Parties, and the Company reserves the right to renegotiate the Annual Fees in the event that the schedule of work is modified. Also, the Owner hereby agrees that the Company c an replace a Washout Inspection of the Tank with a visual inspection, remotely operated vehicle inspection (“ROV Inspection”), or unmanned aerial vehicle inspection (“UAV Inspection”) without requiring the modification of this SOW17.
7. Structure of Tank and Tank Site Conditions. The Company is accepting this Tank to maintain pursuant to the requirements of this SOW17 based upon its existing structure and components as of the Effective Date (defined hereinafter) . Any modifications to the Tank, including antenna installations, shall be approved by the Company, prior to installation and may warrant an increase in the Annual Fees. In addition, changes in the condition of the Tank Site and/or any adjoining properties (e.g., construction of a mall next to the Tank Site which significantly increases the risk of overspray claims, etc.) following the Effective Date, which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW17.
8. Environmental, Health, Safety, Labor, or Industry Requirements. a. The Owner hereby agrees that the promulgation of, enactment of, or modification to any environmental, health, safety, or labor laws, regulations, orders, or ordinances (e.g., EPA or OSHA regulations or standards) following the Effectiv e Date of this SOW17 , which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW17. Furthermore, modifications to industry requirement(s) including, but not limited to, standard(s) or other guidance documents issued by the American Water Works Association, National Sanitary Foundation, and the Association for Materials Protection and Performance, which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW17 . Said equitable adjustment of the Annual Fees in this SOW17 will reasonably reflect the inc reased cost of the Services with newly negotiated Annual Fee(s).
b. The work performed un der this SOW17 is subject to prevailing wages, and the workers who are performing work under this SOW17 are to be paid no less than the prevailing hourly rate of wages as set by the appropriate author ity. Any future work performed by workers under this SO W17 will be subject to the wage determination of the appropriate authority which is in effect when the work is performed. However, the Owner and the Company hereby agree that if the prevailing wage r ates for any job or trade classification increases by m ore than 5% per annum from the Effective Date of this SOW17 to the date in which any future work is to be performed under this SOW17 , then the Company reserves the right to re-negotiate the Annual Fee( s) with the Owner. If the Company and the Owner cannot agree on an equitable adjustment to the Annual Fee(s), then:
(1) the Company will not be obligated to perform the work and (2) the Company will not be obligated to return past Annual Fee(s) received by the Company.
9. Excluded Items. This SOW17 does NOT include the cost for and/or liability on the part of the Company for: (i) containment of the Tank at any time during the term of the SOW17; (ii) disposal of any hazardous waste materials; (iii) resolution of operational problems or structural damage due to cold weather; (iv) repair of structural damage due
to antenna installations or other attachments for which the Tank was not originally designed; (v) resolution of operational problems or repair of structural damage or site damage caused by physical conditions below the surface of the ground; (vi) negligent acts of Owner’s employees, agents or contractors; (vii) damages, whether foreseen or unforeseen, caused by the Owner’s use of pressure relief valves; (viii) repairs to the foundation of the Tank; ( ix) any latent defects or inaccessible areas of the Tank or its components (including, but not limited to, (a) corrosion from the underside of the floor plates, and (b) inaccessible areas of the Tank such as the area between the bottom of the roof plate and the top of the roof rafter); (x) the maintenance, repair or replacement of any electrical components (to include any lighting, such as aviation lights); (xi) the maintenance, repair or replacement of fill lines, insulation, and/or frost jackets; (xii) t he maintenance, repair, or replacement of piping of any kind below ground level; and (xiii) other conditions which are beyond the Owner’s and Company’s control, including, but not limited to: acts of God and acts of terrorism. Acts of God include, but ar e not limited to, any damage to the Tank or Tank Site which is caused by seismic activity, hurricanes, and/or tornadoes. Acts of terrorism include, but are not limited to, any damage to the Tank or T ank Site which results from an unauthorized entry of any kind to the Tank or Tank Site.
10.Termination. This SOW17 is subject to termination by the Owner only at the end of the then-current Contract Year if written notice of intent to terminate is received by the Company at least sixty (60) days prior to the f irst day of the upcoming Contract Year. If the notice of intent to terminate is not received at least sixty (60) days prior to the first day of the upcoming Contract Year, this SOW17 shall renew for an additional Contract Year and expire at the end of t he upcoming Contract Year. In such an event, the Owner agrees that it shall be responsible to pay the Annual Fee for the upcoming Contract Year.
The notice of intent to terminate must be sent by certif ied mail, with return receipt requested, to Utility Se rvice Co., Inc., Attention: Customer Service, Post Office Box 1350, Perry, Georgia 31069, and signed by the General Manager. Notice of intent to terminate cannot be delivered electronically or verbally (e.g., email, text, phone call, etc.).
The Owner acknowledges and agrees that the Company has advanced Services to the Owner, and the Company has not received full payment for the Services previously performed. Therefore, if the Owner elects to terminate this SOW17 prior to remitting the first ten (10) Annual Fees, then the applicable fees in Attachment 2 – Schedule of Cancellation Fees shall be due and payable within thirty (30) days of the Company’s receipt of the Owner’s Notice to Terminate. Attachment 2 is attached to this Exhibit A-17 and incorporated herein by reference.
11. Warranty on Labor and Materials Following Renovation of Tank. During the 10 - year term of this SOW17 (hereinafter, “Warranty Period”), the Company warrants to the Owner that the Services are free from defects in materials and workmanship under normal and proper use within the Warranty Period (hereinafter, “Covered Defect”). If a defect in material and/or workmanship is identified by Owner during the Warranty Period, then Owner shall promptly notify the Company of the nature of the defect i n writing. The Company will also perform inspections of the Tank during the term of this SOW17, and the Company will give n otice of defects to the Owner if it identifies any during it s inspections of the Tank. Following the receipt of s uch notice, the Company shall inspect the work to determine if a Covered Defect exis ts. The Company ’s inspection shall be performed on a date that is mutually agreeable to the Owner and the Company . If a Covered Def ect exists, the Company ’s liability shall be discharged by the Company providing the labor and materials to re- work or re -line any part or parts of the work
product produced during t he applicable renovation of the Tank . For the avoidance of doubt and notwithstanding the foregoing, the Owner hereby agrees that the warranty provided in this Section 11: (i) only applies to work performed on the Tank by the Company, and (ii) does not commence during the Warranty Period until the Company performs an interior renovation or exterior renovation on the Tank. Once the Tank is renovated pursuant to the schedule of work in Section 3, the warranty will apply to the renovation work performed by the Company from the time the renovation project is completed until the end of the 10- year Warranty Period. However, the Company does agree to perform touch -up paint work on the Tank prior to the performance of a scheduled renovation, but any such touch -up paint work shall be limited to no more than 500 square feet. For the avoidance of doubt, all warranties on any renovation work performed by the Company during the term of this SOW17 will terminate at the end of the 10-year term of this SOW17. The Company will not warranty any work beyond the 10 - year term of this SOW17, unless the Parties mutually agree to an extension of the term of this SOW17 prior to its expiration.
12. Visual Inspection Disclaimer. This SOW17 is based upon a visual inspection of the Tank. The Owner and the Company hereby acknowledge and agr ee that a visual inspection is intended to assess the condition of the Tank for all patent defects. If latent defects are identified once the Tank has been drained and is made available to the Company, the Owner agrees and acknowledges that the Company shal l not be responsible to repair the latent defects unless the Owner and the Company re -negotiate the Annual Fees. The definition of a “latent defect” shall be any defect of the Tank which is not easily discovered (e.g., corrosion of the floor plates, cor rosion of the roof plates or rafters, corrosion in areas inaccessible to maintain, damage to the roof of the Tank which is not clearly discoverable during the visual inspection, etc.).
13. Excessive Inflation. In the event that the aggregate of the Annual Inflation Rates (defined herein below) established for two (2) consecutive calendar years during the term of this SOW11 exceeds 6% in total (either upwards or downwards) , the O wner and the Company agree to renegotiate the Annual Fees and adjust the Annual Fees throughout the remaining term of this SOW17 to either compensate the Company for the excessive inflation or to reduce future costs for the Owner . For purposes of this provision, the Annual Inflation Rate for each cale ndar year shall be established by t he Engineering News Report – Construction Cost Index (“ENR -CCI”). In the event that the ENR -CCI index is discontinued, the Owner and the Company will negotiate and agree to an alternative index or methodology to addres s the excessive inflation. For illus trative purposes, if SOW1 7 is executed in 2022, the first equitable adjustment could not be made until both the 2023 inflation rate and the 2024 inflation rate have been established.
If the Annual Inflation R ates for 2023 and 2024 are 2.0% and 4.1%, respe ctively, the Owner and the Company agree to renegotiate the current year’s Annual Fee as well as the remaining Annual Fees for the remainder of the term of SOW17 to address the excessive inflation.
____________________________________________________________________________
SIGNATURE PAGE TO FOLLOW.
____________________________________________________________________________
The SOW17 is executed and effective as of the date last signed by the parties below.
OWNER COMPANY
Victorville Water District Utility Service Co., Inc.
By: By:
Name: Name: Karine Rouge
Title: Title: President
Date: Date:
ATTACHMENT 1
Annual Fees/Invoicing
ATTACHMENT 2
Schedule of Cancellation Fees
EXHIBIT A-18
SCOPE OF WORK NO. 18
TO THE MASTER SERVICES AGREEMENT BETWEEN
UTILITY SERVICE CO., INC.
AND
THE VICTORVILLE WATER DISTRICT
WATER TANK MAINTENANCE – 500,000 Gallon Ground Storage Tank – Tank 121
1. Effective Date. The Effective D ate for this Sco pe of Work No. 18 (“SOW18”) shall be ________________, 20______.
2. Term. This SOW18 shall commence on the Effective Date and shall continue in ful l force and effect for a period of ten (10) years, unless this SOW18 is terminated earlier pursuant to Section 10 herein. For purposes of this SOW18, “Contract Year” shall mean each one- year period beginning on the Effective Date and ending on the day immediately prior to the next succeeding anniversary of the Effective Date (which shall be Contract Year 1) and for each successive period beginning on the anniversary date of the Effective Date and ending on the day immediately prior to the next succeeding anniversary of the Effective Date (hereinafter, “Contract Year” or collectively, “Contract Years”).
3. Company’s Engagement and Responsibilities. The Owner agrees to engage the Company to provide the professional services needed to maintain its 500,000 gallon water storage tank located at Interstate 15, Victorville, California 92394 (hereinafter, “the Tank”). This SOW18 outlines the Company’s responsibility for the care and maintenance of the Tank thereafter. The services (collectively, “the Services”) that the Company will provide include the following:
a. The Tank shall receive repairs prior to the end of Contract Year 1.
The Tank shall receive an exterior renovation and interior renovation prior to the end of Contract Year 9.
b. The Company will annually inspect the Tank . The Tank will be inspected to ensure that the structure is in a sound, watertight condition.
The Company will provide a written inspection report to the Owner following each inspection. The tank will receive ROV inspections every two years and chemical clean washouts every four years. c. Beginning with the first washout inspection, the Company will clean the interior of the Tank and perform a condition assessment on the Tank (hereinafter “Washout Inspection”); however, draining the tank for the Washout Inspection is the Owner’s responsibility . During each Washout Inspection, the Company will a pply an NSF 60 approved chemical cleaning agent to the interior walls and floor surfaces of the Tank to treat mineral build- up and bio- film that form on the interior tank surfaces.
After a Washout Inspection is completed, the interior of the Tank will be thoroughly inspected and disinfected prior to returning the Tank to service; however, the Owner is responsible for draining and filling the
Tank and conducting any required testing of the water before returning the Tank to service.
d. When interior or exterior painting of the Tank is performed, all products and procedures as to coating systems will be equal to or exceed the requirements of the State of California and the American Water Works Association’s D102 standard in effect as of the Effective Date. e. The Company will install a lock on the roof hatch of the Tank; however, the provision of such lock does not guarantee the Tank’s security during the term of the SOW18 . For the avoidance of doubt, security of th e Tank and the site where the Tank is located (hereinafter, “Tank Site”) are the responsibility of the Owner.
f. When the Tank is taken out of service, the Company will furnish pressure relief valves, if requested by the Owner, so that the Owner can install the valves in it s water system while the Tank is being serviced.
The Owner assumes all risk and liability for the installation and use of the pressure relief valves.
g. The Company will furnish the Owner with current certificates of insurance, which will summarize the Company’s insurance coverage.
4. Price/Annual Fees. For the performance of the Services , which are described in Section 3, on the Tank, the Owner shall pay the Company an Annual Fee (hereinafter, “Annual Fee”) for each Contract Year of SOW18. The Annual Fees for each Contract Year are set forth on Attachment 1 to this Exhibit A -18, which is attached hereto and incorporated herein by reference. For the avoidance of doubt, the Annual Fees for all of the Owner’s water storage t anks are s et forth on Attachment 1, and each line of Attachment 1 sets forth the Annual Fees for the applicable Tank during Contract Years 1-
10. For illustrative purposes, the Annual Fee for the Tank subject to this SOW18 in Contract Year 1 is $19,537.00, the Annual Fee for the Tank subject to this SOW18 in Contract Year 9 is $156,879.00; however, all ten (10) Annual Fees are set forth on the applicable row in Attachment 1. Furthermore, all applicable sales and/or use taxes are the responsibility of the Owner and are in addition to the stated Annual Fees in Attachment 1.
5. Payment Terms. The Annual Fee for Contract Year 1, plus all applicable taxes, shall be due and payable within ninety (90) days of the Owner’s execution of the SOW18. Each subsequent Annual Fee, plus all applicable taxes, shall be due and payable on the first day of each Contract Year thereafter. If the Annual Fee, plus all applicable taxes, are not paid within ninety (90) days of the date of invoice, the Company may charge the Owner a late fee on unpaid balances and may also terminate or suspend Services under this SOW18 without notice. The late fee will be 1.5% per month.
6. Changes or Delays to Services. For purposes of this Section 6 , “Unreasonable Delay” shall mean the Owner’s delay in releasing the Tank or making the Tank available to the C ompany for the performance of any of the Services described herein for a period of twelve (12) months following the Company’s written request for release or access to the Tank. In the event of Unreasonable Delay , the Company reserves the right to recover its reasonable costs related to the Unreasonable Delay , and the Owner agrees to negotiate with the Company in good faith to determine the amount of its reasonable costs caused by such Unreasonable Delay. Furthermore , modifications to the schedule of work s et forth in Section 3 can significantly impact the Company’s costs; therefore, modifications must be mutually agreed to by the Parties, and the
Company reserves the right to renegotiate the Annual Fees in the event that the schedule of work is modified. A lso, the Owner hereby agrees that the Company can replace a Washout Inspection of the Tank with a visual inspection, remotely operated vehicle inspection (“ROV Inspection”), or unmanned aerial vehicle inspection (“UAV Inspection”) without requiring the modification of this SOW18.
7. Structure of Tank and Tank Site Conditions. The Company is accepting this Tank to maintain pursuant to the requirements of this SOW18 based upon its existing structure and components as of the Effective Date (defined hereinafter) . Any modifications to the Tank, including antenna installations, shall be approved by the Company, prior to installation and may warrant an increase in the Annual Fees. In addition, changes in the condition of the Tank Site and/or any adjoining pr operties (e.g., construction of a mall next to the Tank Site which significantly increases the risk of overspray claims, etc.) following the Effective Date, which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equit able adjustment of the Annual Fees in this SOW18.
8. Environmental, Health, Safety, Labor, or Industry Requirements. a. The Owner hereby agrees that the promulgation of, enactment of, or modification to any environmental, health, safety, or labor laws, regulations, orders, or ordinances (e.g., EPA or OSHA regulations or standards) following the Effective Date of this SOW18 , which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW18. Furthermore, modifications to industry requirement(s) including, but not limited to, standard(s) or other guidance documents issued by the American Water Works Association, National Sanitary Foundation, and the Association for Materials Protection and Performance, which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW18 . Said equitable adjustment of the Annual Fees in this SOW18 will reasonably reflect the increased cost of the Services with newly negotiated Annual Fee(s).
b. The work performed under this SOW18 is subject to prevailing wages, and the workers who are performing work under this SOW18 are to be paid no less than the prevailing hourly rate of wages as set by the appropriate authority. Any future work performed by workers under this SOW18 will be subject to the wage determination of the appropriate authority which is in effect when the work is performed. However, the Owner and the Com pany hereby agree that if the prevailing wage rates for any job or trade classification increases by m ore than 5% per annum from the Effective Date of this SOW18 to the date in which any future work i s to be performed under this SOW18 , then the Company res erves the right to re-negotiate the Annual Fee(s) with the Owner. If the Company and the Owner cannot agree on an equitable adjustment to the Annual Fee(s), then:
(1) the Company will not be obligat ed to perform the work and (2) the Company will not be obligated to return past Annual Fee(s) received by the Company.
9. Excluded Items. This SOW18 does NOT include the cost for and/or liability on the part of the Company for: (i) containment of the Tank at any time during the term of the SOW18; (ii) disposal of any hazardous waste materials; (iii) resolution of operational problems or structural damage due to cold weather; (iv) repair of structural damage due to antenna installations or other attac hments for which the Tank was not originally designed; ( v) resolution of operational problems or repair of structural damage or site
damage caused by physical conditions below the surface of the ground; (vi) negligent acts of Owner’s employees, agents or c ontractors; (vii) damages, whether foreseen or unforeseen, caused by the Owner’s use of pressure relief valves; (viii) repairs to the foundation of the Tank; (ix) any latent defects or inaccessible areas of the Tank or its components (including, but not li mited to, (a) corrosion from the underside of the floor plates, and (b) inaccessible areas of the Tank such as the area between the bottom of the roof plate and the top of the roof rafter); (x) the maintenance, repair or replacement of any electrical components (to include any lighting, such as aviation lights ); (xi) the maintenance, repair or replacement of fill lines, insulation, and/or frost jackets; (xii) the maintenance, repair, or replacement of piping of any kind below ground level; and (xiii) other conditions which are beyond the Owner’s and Company’s control, including, but not limited to: acts of God and acts of terrorism. Acts of God include, but are not limited to, any damage to the Tank or Tank Site which is caused by seismic activity, hurric anes, and/or tornadoes. Acts of terrorism include, but are not limited to, any damage to the Tank or Tank Site which results from an unauthorized entry of any kind to the Tank or Tank Site.
10.Termination. This SOW18 is subject to termination by the Owner only at the end of the then-current Contract Year if w ritten notice of intent to terminate is received by the Company at least sixty (60) days prior to the first day of the upcoming Contract Year. If the notice of intent to terminate is not received at least sixty (60) days prior to the first day of the up coming Contract Year, this SOW18 shall renew for an additional Contract Year and expire at the end of the upcoming Contract Year. In such an event, the Owner agrees that it shall be responsible to pay the Annual Fee for the upcoming Contract Year.
The not ice of intent to terminate must be sent by certified mail, with return receipt requested, to Utility Service Co., Inc., Attention: Customer Service, Post Office Box 1350, Perry, Georgia 31069, and signed by the General Manager. Notice of intent to terminate cannot be delivered electronically or verbally (e.g., email, text, phone call, etc.).
The Owner acknowledges and agrees that the Company has advanced Services to the Owner, and the Company has not r eceived full payment for the Services previously performed. Therefore, if the Owner elects to terminate this SOW18 prior to remitting the first ten (10) Annual Fees, then the applicable fees in Attachment 2 – Schedule of Cancellation Fees shall be due and payable within thirty (30) days of the Company’s receipt of the Owner’s Notice to Terminate. Attachment 2 is attached to this Exhibit A-18 and incorporated herein by reference.
11. Warranty on Labor and Materials Following Renovation of Tank. During the 10 - year term of this SOW18 (hereinafter, “Warranty Period”), the Company warrants to the Owner that the Services are free from defects in materials and workmanship under normal and proper use within the Warranty Period (hereinafter, “Covered Defe ct”). If a defect in material and/or workmanship is identified by Owner during the Warranty Period, then Owner shall promptly notify the Company of the nature of the defect i n writing. The Company will also perform inspections of the Tank during the term of this SOW18, and the Company will give n otice of defects to the Owner if it identifies any during its inspections of the Tank. Following the receipt of s uch notice, the Company shall inspect the work to determine if a Covered Defect exis ts. The Compan y’s inspection shall be performed on a date that is mutually agreeable to the Owner and the Company . If a Covered Def ect exists, the Company ’s liability shall be discharged by the Company providing the labor and materials to re- work or re -line any part or part s of the work product produced during t he applicable renovation of the Tank . For the avoidance of doubt and notwithstanding the foregoing, the Owner hereby agrees that the warranty
provided in this Section 11: (i) only applies to work performed on the Tank by the Company, and (ii) does not commence during the Warranty Period until the Company performs an interior renovation or exterior renovation on the Tank. Once the Tank is renovated pursuant to the schedule of work in Section 3, the warranty will apply to the renovation work performed by the Company from the time the renovation project is completed until the end of the 10- year Warranty Period. However, the Company does agree to perform touch -up paint work on the Tank prior to the performance of a scheduled renovation, but any such touch -up paint work shall be limited to no more than 500 square feet. For the avoidance of doubt, all warranties on any renovation work performed by the Company during the term of this SOW18 will terminate at the end of the 10-year term of this SOW18. The Company will not warranty any work beyond the 10 - year term of this SOW18, unless the Parties mutually agree to an extension of the term of this SOW18 prior to its expiration.
12. Visual Inspection Disclaimer. This SOW18 is based upon a visual inspection of the Tank. The Owner and the Company hereby acknowledge and agree that a visual inspection is intended to assess the condition of the Tank for all patent defects. If latent defects are identified once the Tank has been drained and is made available to the Company, the Owner agrees and acknowledges that the Company shall not be responsible to repair the latent defects unless the Owner and the Company re -negotiate the Annual Fees. The definition of a “latent defect” s hall be any defect of the Tank which is not easily discovered (e.g., corrosion of the floor plates, corrosion of the roof plates or rafters, corrosion in areas inaccessible to maintain, damage to the roof of the Tank which is not clearly discoverable during the visual inspection, etc.).
13. Excessive Inflation. In the event that the aggregate of the Annual Inflation Rates (defined herein below) established for two (2) consecutive calendar years during the term of this SOW11 exceeds 6% in total (either upwards or downwards), the O wner and the Company agree to r enegotiate the Annual Fees and adjust the Annual Fees throughout the remaining term of this SOW18 to either compensate the Company for the excessive inflation or to reduce future costs for the Owner . For purposes of this provision, the Annual Inflation Rate for each cale ndar year shall be established by the Engineering News Report – Construction Cost Index (“ENR -CCI”). In the event that the ENR -CCI index is discontinued, the Owner and the Company will negotiate and agree to an alternative index or methodology to addres s the excessive inflation. For illustrative purposes, if SOW1 8 is executed in 2022, the first equitable adjustment could not be made until both the 2023 inflation rate and the 2024 inflation rate have been established.
If the Annual Inflation R ates for 2023 and 2024 are 2.0% and 4.1%, respectively, the Owner and the Company agree to renegotiate the current year’s Annual Fee as well as the remaining Annual Fees for the remainder of the term of SOW18 to address the excessive inflation.
____________________________________________________________________________
SIGNATURE PAGE TO FOLLOW.
____________________________________________________________________________
The SOW18 is executed and effective as of the date last signed by the parties below.
OWNER COMPANY
Victorville Water District Utility Service Co., Inc.
By: By:
Name: Name: Karine Rouge
Title: Title: President
Date: Date:
ATTACHMENT 1
Annual Fees/Invoicing
ATTACHMENT 2
Schedule of Cancellation Fees
EXHIBIT A-19
SCOPE OF WORK NO. 19
TO THE MASTER SERVICES AGREEMENT BETWEEN
UTILITY SERVICE CO., INC.
AND
THE VICTORVILLE WATER DISTRICT
WATER TANK MAINTENANCE – 2,000,000 Gallon Ground Storage Tank – Tank 201
1. Effective Date. The Effective D ate for this S cope of Work No. 19 (“SOW19”) shall be ________________, 20______.
2. Term. This SOW19 shall commence on the Effective Date and shall continue in ful l force and effect for a period of ten (10) years, unless this SOW19 is terminated earlier pursuant to Section 10 herein. For purposes of this SOW19, “Contract Year” shall mean each one- year period beginning on the Effective Date and ending on the day immediately prior to the next succeeding anniversary of the Effective Date (which shall be Contract Year 1) and for each successive period beginning on the anniversary date of the Effective Date and ending on the day immediately prior to the next succeeding anniversary of the Effective Date (hereinafter, “Contract Year” or collectively, “Contract Years”).
3. Company’s Engagement and Responsibilities. The Owner agrees to engage the Company to provide the professional services needed to inspect its 2,000,000 gallon water storage tank located at Interstate 15, Victorville, California 92394 (hereinafter, “the Tank”). This SOW19 outlines the Company’s responsibility for the care and maintenance of the Tank thereafter. The services (collectively, “the Services”) that the Company will provide include the following:
a. The Tank shall receive a visual inspection prior to the end of Contract Year 1.
b. The Company will annually inspect the Tank . The Tank will be inspected to ensure that the structure is in a sound, watertight condition.
The Company will provide a written inspection report to the Owner following each inspection.
c. The Company will install a lock on the roof hatch of the Tank; however, the provision of such lock does not guarantee the Tank’s security during the term of the SOW19. For the avoidance of doubt, security of the Tank and the site where the Tank is located (hereinafter, “Tank Site”) are the responsibility of the Owner.
d. The Company will furnish the Owner with current certificates of insurance, which will summarize the Company’s insurance coverage.
4. Price/Annual Fees. For the performance of the Services , which are described in Section 3, on the Tank, the Owner shall pay the Company an Annual Fee (hereinafter, “Annual Fee”) for each Contract Year of SOW19 . The Annual Fees for each Contract Year are set forth on Attachment 1 to this Exhibit A -19, which is atta ched hereto and incorporated herein by reference. For the avoidance of doubt, the Annual Fees for all of the Owner’s water storage t anks are set forth on Attachment 1, and each line of Attachment 1 sets forth the Annual Fees for the applicable Tank during Contract Years 1-
10. For illustrative purposes, the Annual Fee for the Tank subject to this SOW19 in Contract Year 1 is $778.00; however, all ten (10) Annual Fees are set forth on the applicable row in Attachment 1. Furthermore, all applicable sales and/or use taxes are the responsibility of the Owner and are in addition to the stated Annual Fees in Attachment 1.
5. Payment Terms. The Annual Fee for Contract Year 1, plus all applicable taxes, shall be due and payable within ninety (90) days of the Owner’s execution of the SOW19. Each subsequent Annual Fee, plus all applicable taxes, shall be due and payable on the first day of each Contract Year thereafter. If the Annual Fee, plus all applicable taxes, are not paid within ninety (90) days of the date of invoice, t he Company may charge the Owner a late fee on unpaid balances and may also terminate or suspend Services under this SOW19 without notice. The late fee will be 1.5% per month.
6. Changes or Delays to Services. For purposes of this Section 6 , “Unreasonable Delay” shall mean the Owner’s delay in releasing the Tank or making the Tank available to the Company for the performance of any of the Services described herein for a period of twelve (12) months following the Company’s written request for release or access to the Tank. In the event of Unreasonable Delay , the Company reserves the right to recover its reasonable costs related to the Unreasonable Delay , and the Owner agrees to negotiate with the Company in good faith to determine the amount of its reasonable costs caused by such Unreasonable Delay . Furthermore, modifications to the schedule of work set forth in Section 3 can significantly impact the Company’s costs; therefore, modifications must be m utually agreed to by the Parties, and the Company reserves the right to renegotiate the Annual Fees in the event that the schedule of work is modified. Also, the Owner hereby agrees that the Company can replace a Washout Inspection of the Tank with a visual inspection, remotely operated vehicle inspection (“ROV Inspection”), or unmanned aerial vehicle inspection (“UAV Inspection”) without requiring the modification of this SOW19.
7. Structure of Tank and Tank Site Conditions. The Company is accepting this Tank to maintain pursuant to the requirements of this SOW19 based upon its existing structure and components as of the Effective Date (defined hereinafter) . Any modifications to the Tank, including antenna installations, shall be approved by the Company, prior to installation and may warrant an increase in the Annual Fees. In addition, changes in the condition of the Tank Site and/or any adjoining properties (e.g., construction of a mall next to the Tank Site which significantly increases the risk of overspray claims, etc.) following the Effective Date, w hich cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW19.
8. Environmental, Health, Safety, Labor, or Industry Requirements. a. The Owner hereby agrees that the promulgation of, enactment of, or modification to any environmental, health, safety, or labor laws, regulations, orders, or ordinances (e.g., EPA or OSHA regulations or standards) following the Effec tive Date of this SOW19 , which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW19. Furthermore, modifications to industry requirement(s) including, but not limited to, standard(s) or other guidance documents issued by the American Water Works Association, National Sanitary Foundation, and the Association for Materials Protection and Performance, which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW19. Said equitable adjustment of the Annual Fees in this SOW19 will reasonably reflect the inc reased cost of the Services with newly negotiated Annual Fee(s).
b. The work performed under this SOW19 is subject to prevailing wages, and the workers who are performing work under this SOW19 are to be paid no less than the prevailing hourly rate of wages as set by the appropriate authority. Any future work performed by workers under this SOW19 will be subject to the wage determination of the ap propriate authority which is in effect when the work is performed. However, the Owner and the Company hereby agree that if the prevailing wage rates for any job or trade classification increases by more than 5% per annum from the Effective Date of this SOW19 to the date in which any future work is to be performed under this SOW19 , then the Company reserves the right to re-negotiate the Annual Fee(s) with the Owner. If the Company and the Owner cannot agree on an equitable adjustment to the Annual Fee(s), then:
(1) the Company will not be obligated to perform the work and (2) the Company will not be obligated to return past Annual Fee(s) received by the Company.
9. Excluded Items. This SOW19 does NOT include the cost for and/or liability on the part of the Company for: (i) containment of the Tank at any time during the term of the SOW19; (ii) disposal of any hazardous waste materials; (iii) resolution of operational problems or structural damage due to cold weather; (iv) repair of structural damage due to antenna installations or other attachments for which the Tank was not originally designed; (v) resolution of operational problems or repair of structural damage or site damage caused by physic al conditions below the surface of the ground; (vi) negligent acts of Owner’s employees, agents or contractors; (vii) damages, whether foreseen or unforeseen, caused by the Owner’s use of pressure relief valves; (viii) repairs to the foundation of the Tank ; (ix) any latent defects or inaccessible areas of the Tank or its components (including, but not limited to, (a) corrosion from the underside of the floor plates, and (b) inaccessible areas of the Tank such as the area between the bottom of the roof plate and the top of the roof rafter); (x) the maintenance, repair or replacement of any electrical components (to include any lighting, such as aviation lights); (xi) the maintenance, repair or replacement of fill lines, insulation, and/or frost jackets; (xii ) the maintenance, repair, or replacement of piping of any kind below ground level; and (xiii) other conditions which are beyond the Owner’s and Company’s control, including, but not limited to: acts of God and acts of terrorism. Acts of God include, but are not limited to, any damage to the Tank or Tank Site w hich is caused by seismic activity, hurricanes, and/or tornadoes. Acts of terrorism include, but are not limited to, any damage to the Tank or Tank Site which results from an unauthorized entry of any kind to the Tank or Tank Site.
10.Termination. This SOW19 is subject to termination by the Owner only at the end of the then-current Contract Year if written notice of intent to terminate is received by the Company at least sixty (60) days prior to the first day of the upcoming Contract Year. If the notice of intent to terminate is not received at least sixty (60) days prior to the first day of the upcoming Contract Year, this SOW19 shall renew for an additional Contract Year and expire at the end of the upcoming Contract Year. In such an event, the Owner agrees that it shall be responsible to pay the Annual Fee for the upcoming Contract Year.
The notice of intent to terminate must be sent by certified mail, with return receipt requested, to Utility S ervice Co., Inc., Attention: Customer Service, Post Offic e Box 1350, Perry, Georgia 31069, and signed by the General Manager . Notice of intent to terminate cannot be delivered electronically or verbally (e.g., email, text, phone call, etc.).
The Owner ac knowledges and agrees that the Company has advanced Services to the Owner, and the Company has not received full payment for the Services previously performed. Therefore, if the Owner elects to terminate this SOW19 prior to remitting the first ten (10) Annual Fees, then the applicable fees in Attachment 2 – Schedule of Cancellation Fees shall be due and payable within thirty (30) days of the Company’s receipt of the Owner’s Notice to Terminate. Attachment 2 is attached to this Exhibit A-19 and incorporated herein by reference.
11. Warranty on Labor and Materials Following Renovation of Tank. During the 10 - year term of this SOW19 (hereinafter, “Warranty Period”), the Company warrants to the Owner that the Services are free from defects in materials and workmanship under normal and proper use within the Warranty Period (hereinafter, “Covered Defect”). If a defect in material and/or workmanship is identified by Owner during the Warranty Period, then Owner shall promptly notify the Company of the nature of the defect in writing. The Company will also perform inspections of the Tank during the term of this SOW19, and the Company will give n otice of defects to the Owner if it identifies any during its inspections of the Tank. Following the receipt of s uch notice, the Company shall inspect the work to determine if a Covered Defect exis ts. The Company ’s inspection shall be performed on a date that is mutually agreeable to the Owner and the Company . If a Covered Def ect exists, the Company ’s liability shall be di scharged by the Company providing the labor and materials to re- work or re -line any part or parts of the work product produced during t he applicable renovation of the Tank . For the avoidance of doubt and notwithstanding the foregoing, the Owner hereby agrees that the warranty provided in this Section 11: (i) only applies to work performed on the Tank by the Company, and (ii) does not commence during the Warranty Period until the Company performs an interior renovation or exterior renovation on the Tank . Once the Tank is renovated pursuant to the schedule of work in Section 3, the warranty will apply to the renovation work performed by the Company from the time the renovation project is completed until the end of the 10- year Warranty Period. However, the Company does agree to perform touch -up paint work on the Tank prior to the performance of a scheduled renovation, but any such touch -up paint work shall be limited to no more than 500 square feet. For the avoidance of doubt, all warranties on any renovation work performed by the Company during the term of this SOW19 will terminate at the end of the 10-year term of this SOW19. The Company will not warranty any work beyond the 10 - year term of this SOW19, unless the Parties mutually agree to an extension of the term of this SOW19 prior to its expiration.
12. Visual Inspection Disclaimer. This SOW19 is based upon a visual inspection of the Tank. The Owner and the Company hereby acknowledge and agree that a visual inspection is intended to assess the c ondition of the Tank for all patent defects. If latent
defects are identified once the Tank has been drained and is made available to the Company, the Owner agrees and acknowledges that the Company shall not be responsible to repair the latent defects unl ess the Owner and the Company re -negotiate the Annual Fees. The definition of a “latent defect” shall be any defect of the Tank which is not easily discovered (e.g., corrosion of the floor plates, corrosion of the roof plates or rafters, corrosion in areas inaccessible to maintain, damage to the roof of the Tank which is not clearly discoverable during the visual inspection, etc.).
13. Excessive Inflation. In the event that the aggregate of the Annual Inflation Rates (defined herein below) established for two (2) consecutive calendar years during the term of this SOW11 exceeds 6% in total (either upwards or downwards) , the O wner and the Company agree to renegotiate the Annual Fees and adjust the Annual Fees throughout the remaining term of this SOW19 to either compensate the Company for the excessive inflation or to reduce future costs for the Owner . For purposes of this provision, the Annual Inflation Rate for each cale ndar year shall be established by the Engineering News Report – Construction Cost Index (“ENR-CCI”). In the event that the ENR -CCI index is discontinued, the Owner and the Company will negotiate and agree to an alternative index or methodology to addres s the excessive inflation. For illustrative purposes, if SOW1 9 is executed in 2022, the f irst equitable adjustment could not be made until both the 2023 inflation rate and the 2024 inflation rate have been established.
If the Annual Inflation R ates for 2023 and 2024 are 2.0% and 4.1%, respectively, the Owner and the Company agree to renegotiate the current year’s Annual Fee as well as the remaining Annual Fees for the remainder of the term of SOW19 to address the excessive inflation.
____________________________________________________________________________
SIGNATURE PAGE TO FOLLOW.
____________________________________________________________________________
The SOW19 is executed and effective as of the date last signed by the parties below.
OWNER COMPANY
Victorville Water District Utility Service Co., Inc.
By: By:
Name: Name: Karine Rouge
Title: Title: President
Date: Date:
ATTACHMENT 1
Annual Fees/Invoicing
ATTACHMENT 2
Schedule of Cancellation Fees
EXHIBIT A-20
SCOPE OF WORK NO. 20
TO THE MASTER SERVICES AGREEMENT BETWEEN
UTILITY SERVICE CO., INC.
AND
THE VICTORVILLE WATER DISTRICT
WATER TANK MAINTENANCE – 2,000,000 Gallon Ground Storage Tank – Tank 202
1. Effective Date. The Effective D ate for this S cope of Work No. 20 (“SOW20”) shall be ________________, 20______.
2. Term. This SOW20 shall commence on the Effective Date and shall continue in ful l force and effect for a period of ten (10) years, unless this SOW20 is terminated earlier pursuant to Section 10 herein. For purposes of this SOW20, “Contract Year” shall mean each one- year period beginning on the Effective Date and ending on the day immediately prior to the next succeeding anniversary of the Effective Date (which shall be Contract Year 1) and for each successive period beginning on the anniversary date of the Effective Date and ending on the day immediately prior to the next succeeding anniversary of the Effective Date (hereinafter, “Contract Year” or collectively, “Contract Years”).
3. Company’s Engagement and Responsibilities. The Owner agrees to engage the Company to provide the professional services needed to maintain its 2, 000,000 gallon water storage tank located at 11499 Desert Lane, Victorville, California 92394 (hereinafter, “the Tank”). This SOW20 outlines the Company’s responsibility for the care and maintenance of the Tank thereafter. The services (collectively, “the Services”) that the Company will provide include the following:
a. The Tank shall receive an exterior renovation, interior renovation and repairs prior to the end of Contract Year 3.
b. The Company will annually inspect the Tank . The Tank will be inspected to ensure that the structure is in a sound, watertight condition.
The Company will provide a written inspection repo rt to the Owner following each inspection. The tank will receive ROV inspections every two years and chemical clean washouts every four years. c. Beginning with the first washout inspection, the Company will clean the interior of the Tank and perform a condition assessment on the Tank (hereinafter “Washout Inspection”); however, draining the tank for the Washout Inspection is the Owner’s responsibility . During each Washout Inspection, the Company will apply an NSF 60 approved chemica l cleaning agent to the interior walls and floor surfaces of the Tank to treat mineral build- up and bio- film that form on the interior tank surfaces.
After a Washout Inspection is completed, the interior of the Tank will be thoroughly inspected and disinfected prior to returning the Tank to service; however, the Owner is responsible for draining and filling the
Tank and conducting any required testing of the water before returning the Tank to service.
d. When interior or exterior painting of the Tank is performed, all products and procedures as to coating systems will be equal to or exceed the requirements of the State of California and the American Water Works Association’s D102 standard in effect as of the Effective Date. e. The Co mpany will install a lock on the roof hatch of the Tank; however, the provision of such lock does not guarantee the Tank’s security during the term of the SOW20 . For the avoidance of doubt, security of the Tank and the site where the Tank is located (hereinafter, “Tank Site”) are the responsibility of the Owner.
f. When the Tank is taken out of service, the Company will furnish pressure relief valves, if requested by the Owner, so that the Owner can install the valves in its water system while the Tank is being serviced.
The Owner assumes all risk and liability for the installation and use of the pressure relief valves.
g. The Company will furnish the Owner with current certificates of insurance, which will summarize the Company’s insurance coverage.
4. Price/Annual Fees. For the performance of the Services , which are described in Section 3, on the Tank, the Owner shall pay the Company an Annual Fee (hereinafter, “Annual Fee”) for each Contract Year of SOW20 . The Annual Fees for each Contract Year ar e set forth on Attachment 1 to this Exhib it A -20, which is attached hereto and incorporated herein by reference. For the avoidance of doubt, the Annual Fees for all of the Owner’s water storage t anks are set forth on Attachment 1, and each line of Attachment 1 sets forth the Annual Fees for the applicable Tank during Contract Years 1-
10. For illustrative purposes, the Annual Fee for the Tank subject to this SOW20 in Contract Year 3 is $198,073.00; however, all ten (10) Annual Fees are set forth on the applicable row in Attachment 1. Furthermore, all applicable sales and/or use taxes are the responsibility of the Owner and are in addition to the stated Annual Fees in Attachment 1.
5. Payment Terms. The Annual Fee for Contract Year 1, plus all applicable t axes, shall be due and payable within ninety (90) days o f the Owner’s execution of the SOW20. Each subsequent Annual Fee, plus all applicable taxes, shall be due and payable on the first day of each Contract Year thereafter. If the Annual Fee, plus all applicable taxes, are not paid within ninety (90) days of the date of invoice, the Company may charge the Owner a late fee on unpaid balances and may also terminate or suspend Services under this SOW20 without notice. The late fee will be 1.5% per month.
6. Changes or Delays to Services. For purposes of this Section 6, “Unreasonable Delay” shall mean the Owner’s delay in releasing the Tank or making the Tank available to the Company for the performance of any of the Services described herein for a period of twelve (12) months following the Company’s written r equest for release or access to the Tank. In the event of Unreasonable Delay , the Company reserves the right to recover its reasonable costs related to the Unreasonable Delay , and the Owner agrees to negotiate with the Company in good faith to determine the amount of its reasonable costs caused by such Unreasonable Delay . Furthermore, modifications to the schedule of work set forth in Section 3 can significantly impact the Company’s costs; therefore, modifications must be mutually agreed to by the Parties, and the Company reserves the right to renegotiate the Annual Fees in the event that the schedule
of work is modified. Also, the Owner hereby agrees that the Company can replace a Washout Inspection of the Tank with a visual inspection, remotely operated vehicle inspection (“ROV Inspection”), or unmanned aerial vehicle inspection (“UAV Inspection”) without requiring the modification of this SOW20.
7. Structure of Tank and Tank Site Conditions. The Company is accepting this Tank to maintain pursuant to the requirements of this SOW20 based upon its existing structure and components as of the Effective Date (defined hereinafter) . Any modifications to the Tank, including antenna installations, shall be approved by the Company, prior to installation and may warrant an increase in the Annual Fees. In addition, changes in the condition of the Tank Site and/or any adjoining properties (e.g., construction of a mall next to the Tank Site which significantl y increases the risk of overspray claims, etc.) following the Effective Date, which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW20.
8. Environmental, Health, Safety, Labor, or Industry Requirements. a. The Owner hereby agrees that the promulgation of, enactment of, or modification to any environmental, health, safety, or labor laws, regulations, orders, or ordinances (e.g., EPA or OSHA regulations or standards ) following the Effective Date of this SOW20 , which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW20. Furthermore, modifications to industry requirement(s) including, but not limited to, standard(s) or other guidance documents issued by the American Water Works Association, National Sanitary Foundation, and the Association for Materials Protection and Performance, which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adj ustment of the Annual Fees in this SOW20 . Said equitable adjustment of the Annual Fees in this SOW20 will reasonably reflect the inc reased cost of the Services with newly negotiated Annual Fee(s).
b. The work performed under this SOW20 is subject to prevailing wages, and the workers who are performing work under this SOW20 are to be paid no less than the prevailing hourly rate of wages as set by the appropriate authority. Any future work performed by workers under this SOW20 will be subject to the wage determination of the appropriate authority which is in effect when the work is performed. However, the Owner and the Company hereby agree that if the prevailing wage rates for any job or trade classi fication increases by m ore than 5% per annum from the Ef fective Date of this SOW20 to the date in which any future work is to be performed under this SOW20 , then the Company reserves the right to re-negotiate the Annual Fee(s) with the Owner. If the Compa ny and the Owner cannot agree on an equitable adjustment to the Annual Fee(s), then:
(1) the Company will not be obligated to perform the work and (2) the Company will not be obligated to return past Annual Fee(s) received by the Company.
9. Excluded Items. This SOW20 does NOT include the cost for and/or liability on the part of the Company for: (i) containment of the Tank at any time during the term of the SOW20; (ii) disposal of any hazardous waste materials; (iii) resolution of operational problems or structural damage due to cold weather; (iv) repair of structural damage due to antenna installations or other attachments for which the Tank was not originally designed; (v) resolution of operational problems or repair of structural damage or site damage caused by physical conditions below the surface of the ground; (vi) negligent
acts of Owner’s employees, agents or contractors; (vii) damages, whether foreseen or unforeseen, caused by the Owner’s use of pressure relief valves; (viii) repairs to the foundation of the Tank; (ix) any latent defects or inaccessible areas of the Tank or its components (including, but not limited to, (a) corrosion from the underside of the floor plates, and (b) inaccessible areas of the Tank such as the area between the bot tom of the roof plate and the top of the roof rafter); (x) the maintenance, repair or replacement of any electrical components (to include any lighting, such as aviation lights); (xi) the maintenance, repair or replacement of fill lines, insulation, and/o r frost jackets; (xii) the maintenance, repair, or replacement of piping of any kind below ground level; and (xiii) other conditions which are beyond the Owner’s and Company’s control, including, but not limited to: acts of God and acts of terrorism. Act s of God include, but are not limited to, any damage to the Tank or Tank Site which is caused by seismic activity, hurricanes, and/or tornadoes. Acts of terrorism include, but are not limited to, any damage to the Tank or Tank Site which results from an unauthorized entry of any kind to the Tank or Tank Site.
10.Termination. This SOW20 is subject to termination by the Owner only at the end of the then-current Contract Year if written notice of intent to terminate is received by the Company at least sixty (60) days prior to the first day of the upcoming Contrac t Year. If the notice of intent to terminate is not received at least sixty (60) days prior to the first day of the upcoming Contract Year, this SOW20 shall renew for an additional Contract Year and expire at the end of the upcoming Contract Year. In s uch an event, the Owner agrees that it shall be responsible to pay the Annual Fee for the upcoming Contract Year.
The notice of intent to terminate must be sent by certified mail, with return receipt requested, to Utility Service Co., Inc., Attention: Cus tomer Service, Post Office Box 1350, Perry, Georgia 31069, and signed by the General Manager. Notice of intent to terminate cannot be delivered electronically or verbally (e.g., email, text, phone call, etc.).
The Owner acknowledges and agrees that the Company has advanced Services to the Owner, and the Company has not received full payment for the Services previously performed. Therefore, if the Owner elects to terminate this S OW20 prior to remitting the first ten (10) Annual Fees, then the applicable fees in Attachment 2 – Schedule of Cancellation Fees shall be due and payable within thirty (30) days of the Company’s receipt of the Owner’s Notice to Terminate. Attachment 2 is attached to this Exhibit A-20 and incorporated herein by reference.
11. Warranty on Labor and Materials Following Renovation of Tank. During the 10 - year term of this SOW20 (hereinafter, “Warranty Period”), the Company warrants to the Owner that the Services are free from defects in materials and workmanship under normal and proper use within the Warranty Period (hereinafter, “Covered Defect”). If a defect in material and/or workmanship is identified by Owner during the Warranty Period, then Owner shall promptly notify the Company of the nature of the defect i n writing. The Company will also perform inspections of the Tank during the term of this SOW20, and the Company will give n otice of defects to the Owner if it identifies any during its inspections of the Tank. Following the receipt of s uch notice, the Company shall inspect the work to determine if a Covered Defect exis ts. The Company ’s inspection shall be performed on a date that is mutually agreeable to the Owner and the Company . If a Covered Def ect exists, the Comp any’s liability shall be discharged by the Company providing the labor and materials to re- work or re -line any part or parts of the work product produced during t he applicable renovation of the Tank . For the avoidance of doubt and notwithstanding the fo regoing, the Owner hereby agrees that the warranty provided in this Section 11: (i) only applies to work performed on the Tank by the
Company, and (ii) does not commence during the Warranty Period until the Company performs an interior renovation or exteri or renovation on the Tank. Once the Tank is renovated pursuant to the schedule of work in Section 3, the warranty will apply to the renovation work performed by the Company from the time the renovation project is completed until the end of the 10- year Warranty Period. However, the Company does agree to perform touch -up paint work on the Tank prior to the performance of a scheduled renovation, but any such touch -up paint work shall be limited to no more than 500 square feet. For the avoidance of doubt, al l warranties on any renovation work performed by the Company during the term of this SOW20 will terminate at the end of the 10-year term of this SOW20. The Company will not warranty any work beyond the 10 - year term of this SOW20, unless the Parties mutually agree to an extension of the term of this SOW20 prior to its expiration.
12. Visual Inspection Disclaimer. This SOW20 is based upon a visual inspection of the Tank. The Owner and the Company hereby acknowledge and agree that a visual inspection is intended to assess the condition of the Tank for all patent defects. If latent defects are identified once the Tank has been drained and is made available to the Company, the Owner agrees and acknowledges that the Company shall not be responsible to repair the latent defects unless the Owner and the Company re -negotiate the Annual Fees. The definition of a “latent defect” shall be any defect of the Tank which is not easily discovered (e.g., corrosion of the floor plates, corrosion of the roof plates or rafters, corrosion in areas inaccessible to maintain, damage to the roof of the Tank which is not clearly discoverable during the visual inspection, etc.).
13. Excessive Inflation. In the event that the aggregate of the Annual Inflation Rates (defined herein below) established for two (2) consecutive calendar years during the term of this SOW11 exceeds 6% in total (either upwards or downwards) , the O wner and the Company agree to renegotiate the Annual Fees and adjust the Annual Fees throughout the remaining term of this SOW20 to either compensate the Company for the excessive inflation or to reduce future costs for the Owner . For purposes of this provision, the Annual Inflation Rate for each cale ndar year shall be established by the Engineering News Report – Construction Cost Index (“ENR -CCI”). In the event that the ENR -CCI index is discontinued, the Owner and the Company will negotiate and agree to an alternative index or methodology to addres s the excessive inflation. For illustrative purposes, if SOW 20 is ex ecuted in 2022, the first equitable adjustment could not be made until both the 2023 inflation rate and the 2024 inflation rate have been established.
If the Annual Inflation R ates for 2023 and 2024 are 2.0% and 4.1%, respectively, the Owner and the Company agree to renegotiate the current year’s Annual Fee as well as the remaining Annual Fees for the remainder of the term of SOW20 to address the excessive inflation.
____________________________________________________________________________
SIGNATURE PAGE TO FOLLOW.
____________________________________________________________________________
The SOW20 is executed and effective as of the date last signed by the parties below.
OWNER COMPANY
Victorville Water District Utility Service Co., Inc.
By: By:
Name: Name: Karine Rouge
Title: Title: President
Date: Date:
ATTACHMENT 1
Annual Fees/Invoicing
ATTACHMENT 2
Schedule of Cancellation Fees
EXHIBIT A-21
SCOPE OF WORK NO. 21
TO THE MASTER SERVICES AGREEMENT BETWEEN
UTILITY SERVICE CO., INC.
AND
THE VICTORVILLE WATER DISTRICT
WATER TANK MAINTENANCE – 500,000 Gallon Ground Storage Tank – Tank 205
1. Effective Date. The Effective D ate for this Sco pe of Work No. 21 (“SOW21”) shall be ________________, 20______.
2. Term. This SOW21 shall commence on the Effective Date and shall continue in ful l force and effect for a period of ten (10) years, unless this SOW21 is terminated earlier pursuant to Section 10 herein. For purposes of this SOW21, “Contract Year” shall mean each one- year period beginning on the Effective Date and ending on the day immediately prior to the next succeeding anniversary of the Effective Date (which shall be Contract Year 1) and for each successive period beginning on the anniversary date of the Effective Date and ending on the day immediately prior to the next succeeding anniversary of the Effective Date (hereinafter, “Contract Year” or collectively, “Contract Years”).
3. Company’s Engagement and Responsibilities. The Owner agrees to engage the Company to provide the professional services needed to maintain its 500,000 gallon water storage tank located at 9971 Caughlin Road, Victorville, California 92394 (hereinafter, “the Tank”). This SOW21 outlines the Company’s responsibility for the care and maintenance of the Tank thereafter. The services (collectively, “the Services”) that the Company will provide include the following:
a. The Tank shall receive an exterior renovation, chemical clean washout and r epairs prior to the end of Contract Y ear 3. The Tank shall receive an interior renovation prior to the end of Contract Year 8. b. The Company will annually inspect the Tank . The Tank will be inspected to ensure that the structure is in a sound, watertight condition.
The Company will provide a written inspection report to the Owner following each inspection. The tank will receive ROV inspections every two years and chemical clean washouts every four years. c. Beginning with the first washout inspection, the Company will clean the interior of the Tank and perform a condition assessment on the Tank (hereinafter “Washout Inspection”); however, draining the tank for the Washout Inspection is the Owner’s res ponsibility. During each Washout Inspection, the Company will apply an NSF 60 approved chemical cleaning agent to the interior walls and floor surfaces of the Tank to treat mineral build- up and bio- film that form on the interior tank surfaces.
After a Washout Inspection is completed, the interior of the Tank will be thoroughly inspected and disinfected prior to returning the Tank to service; however, the Owner is responsible for draining and filling the
Tank and conducting any requir ed testing of the water before returning the Tank to service.
d. When interior or exterior painting of the Tank is performed, all products and procedures as to coating systems will be equal to or exceed the requirements of the State of California and the American Water Works Association’s D102 standard in effect as of the Effective Date. e. The Company will install a lock on the roof hatch of the Tank; however, the provision of such lock does not guarantee the Tank’s security during the term of the SOW21 . For the avoidance of doubt, security of the Tank and the site where the Tank is located (hereinafter, “Tank Site”) are the responsibility of the Owner.
f. When the Tank is taken out of service, the Company will furnish pressure relief valves, if reques ted by the Owner, so that the Owner can install the valves in its water system while the Tank is being serviced.
The Owner assumes all risk and liability for the installation and use of the pressure relief valves.
g. The Company will furnish the Owner wi th current certificates of insurance, which will summarize the Company’s insurance coverage.
4. Price/Annual Fees. For the performance of the Services , which are described in Section 3, on the Tank, the Owner shall pay the Company an Annual Fee (hereina fter, “Annual Fee”) for each Contract Year of SOW21 . The Annual Fees for each Contract Year are set forth on Attachment 1 to this Exhibit A -21, which is attached hereto and incorporated herein by reference. For the avoidance of doubt, the Annual Fees for all of the Owner’s water storage t anks are s et forth on Attachment 1, and each line of Attachment 1 sets forth the Annual Fees for the applicable Tank during Contract Years 1-
10. For illustrative purposes, the Annual Fee for the Tank subject to this SOW21 in Contract Year 3 is $137,639.00, the Annual Fee for the Tank subject to this SOW21 in Contract Year 8 is $184,031.00; however, all ten (10) Annual Fees are set forth on the applicable row in Attachment 1. Furthermore, all applicable sales and/or use taxes are the responsibility of the Owner and are in addition to the stated Annual Fees in Attachment 1.
5. Payment Terms. The Annual Fee for Contract Year 1, plus all applicable taxes, shall be due and payable within ninety (90) days of the Owner’s execut ion of the SOW21. Each subsequent Annual Fee, plus all applicable taxes, shall be due and payable on the first day of each Contract Year thereafter. If the Annual Fee, plus all applicable taxes, are not paid within ninety (90) days of the date of invoice, the Company may charge the Owner a late fee on unpaid balances and may also terminate or suspend Services under this SOW21 without notice. The late fee will be 1.5% per month.
6. Changes or Delays to Services. For purposes of this Section 6 , “Unreasonable Delay” shall mean the Owner’s delay in releasing t he Tank or making the Tank available to the Company for the performance of any of the Services described herein for a period of twelve (12) months following the Company’s written request for release or access to the Tank. In the event of Unreasonable Delay , the Company reserves the right to recover its reasonable costs related to the Unreasonable Delay , and the Owner agrees to negotiate with the Company in good faith to determine the amount of its reasonable costs caused by such Unreasonable Delay . Furthermore, modifications to the schedule of work set forth in Section 3 can significantly impact the Company’s costs; therefore, modifications must be mutually agreed to by the Parties, and the
Company reserves the right to renegotiate the Annual Fees in the event that the schedule of work is modified. Also, the Owner hereby agrees that the Company can replace a Washout Inspection of the Tank with a visual inspection, remotely operated vehicle inspection (“ROV Inspection”), or unmanned aerial vehicle inspection (“UAV Inspection”) without requiring the modification of this SOW21.
7. Structure of Tank and Tank Site Conditions. The Company is accepting this Tank to maintain pursuant to the requirements of this SOW21 based upon its existing structure and components as of the Effective Date (defined hereinafter) . Any modifications to the Tank, including antenna installations, shall be approved by the Company, prior to installation and may warrant an increase in the Annual Fees. In addition, changes in the condi tion of the Tank Site and/or any adjoining properties (e.g., construction of a mall next to the Tank Site which significantly increases the risk of overspray claims, etc.) following the Effective Date, which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW21.
8. Environmental, Health, Safety, Labor, or Industry Requirements. a. The Owner hereby agrees that the promulgation of, enactment of, or modification to any environmental, health, safety, or labor laws, regulations, orders, or ordinances (e.g., EPA or OSHA regulations or standards) following the Effective Date of this SOW21 , which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW21. Furthermore, modifications to industry requirement(s) including, but not limited to, standard(s) or other guidance documents issued by t he American Water Works Association, National Sanitary Foundation, and the Association for Materials Protection and Performance, which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW21 . Said equitable adjustment of the Annual Fees in this SOW21 will reasonably reflect the inc reased cost of the Services with newly negotiated Annual Fee(s).
b. The work performed under this SOW21 is subject to prevailing wages, and t he workers who are performing work under this SOW21 are to be paid no less than the prevailing hourly rate of wages as set by the appropriate authority. Any future work performed by workers under this SOW21 will be subject to the wage determination of the appropriate authority which is in effect when the work is performed. However, the Owner and the Company hereby agree that if the prevailing wage rates for any job or trade classification increases by m ore than 5% per annum from the Effective Date of this SOW21 to the date in which any future work is to be per formed under this SOW21 , then the Company reserves the right to re-negotiate the Annual Fee(s) with the Owner. If the Company and the Owner cannot agree on an equitable adjustment to the Annual Fee(s ), then:
(1) the Company will not be obligated to perfo rm the work and (2) the Company will not be obligated to return past Annual Fee(s) received by the Company.
9. Excluded Items. This SOW21 does NOT include the cost for and/or liability on the part of the Company for: (i) containment of the Tank at any time during the term of the SOW21; (ii) disposal of any hazardous waste materials; (iii) resolution of operational problems or structural damage due to cold weather; (iv) repair of structural damage due to antenna installations or other attachments for which the Tank was not originally designed; (v) resolution of operational problems or repair of structural damage or site
damage caused by physical conditions below the surface of the ground; (vi) negligent acts of Owner’s employees, agents or contractors; (vii) damages, whether foreseen or unforeseen, caused by the Owner’s use of pressure relief valves; (viii) repairs to the foundation of the Tank; (ix) any latent defects or inaccessible areas of the Tank or its components (including, but not limited to, ( a) corrosion from the underside of the floor plates, and (b) inaccessible areas of the Tank such as the area between the bottom of the roof plate and the top of the roof rafter); (x) the maintenance, repair or replacement of any electrical components (to include any lighting, such as aviation lights); (xi) the maintenance, repair or replacement of fill lines, insulation, and/or frost jackets; (xii) the maintenance, repair, or replacement of piping of any kind below ground level; and (xiii) other conditions which are beyond the Owner’s and Company’s control, including, but not limited to: acts of God and acts of terrorism. Acts of God include, but are not limited to, any damage to the Tank or Tank Sit e which is caused by seismic activity, hurricanes, and/or tornadoes. Acts of terrorism include, but are not limited to, any damage to the Tank or Tank Site which results from an unauthorized entry of any kind to the Tank or Tank Site.
10.Termination. This SOW21 is subject to termination by the Owner only at t he end of the then-current Contract Year if written notice of intent to terminate is received by the Company at least sixty (60) days prior to the first day of the upcoming Contract Year. If the notice of intent to terminate is not received at least sixty (60) days prior to the first day of the upcoming Contract Year, this SOW21 shall renew for an additional Contract Year and expire at the end of the upcoming Contract Year. In such an event, the Owner agrees that it shall be responsible to pay the Annual Fee for the upcoming Contract Year.
The notice of intent to terminate must be sent by certified mail, with return receipt requested, to Utility Service Co., Inc., Attention: Customer Service, Post Of fice Box 1350, Perry, Georgia 31069, and signed by the General Manager. Notice of intent to terminate cannot be delivered electronically or verbally (e.g., email, text, phone call, etc.).
The Owner acknowledges and agrees that the Company has advanced Ser vices to the Owner, and the Company has not received full payment for the Services previously performed. Therefore, if the Owner elects to terminate this SOW21 prior to remitting the first ten (10) Annual Fees, then the applicable fees in Attachment 2 – Schedule of Cancellation Fees shall be due and payable within thirty (30) days of the Company’s receipt of the Owner’s Notice to Terminate. Attachment 2 is attached to this Exhibit A-21 and incorporated herein by reference.
11. Warranty on Labor and Materials Following Renovation of Tank. During the 10 - year term of this SOW21 (hereinafter, “Warranty Period”), the Company warrants to the Owner that the Services are free from defects in materials and workmanship under normal and proper use within the Warranty Period (hereinafter, “Covered Defect”). If a defect in material and/or workmanship is identified by Owner during the Warranty Period, then Owner shall promptly notify the Company of the nature of the defect i n writing. The Company will also perform inspections of the Tank during the term of this SOW21, and the Company will give n otice of defects to the Owner if it identifies any during its inspections of the Tank. Following the receipt of s uch notice, the Company shall inspect the work to dete rmine if a Covered Defect exis ts. The Company ’s inspection shall be performed on a date that is mutually agreeable to the Owner and the Company . If a Covered Def ect exists, the Company ’s liability shall be discharged by the Company providing the labor and materials to re -work or re -line any part or parts of the work product produced during t he applicable renovation of the Tank . For the avoidance of doubt and notwithstanding the foregoing, the Owner hereby agrees that the warranty
provided in this Section 11: (i) only applies to work performed on the Tank by the Company, and (ii) does not commence during the Warranty Period until the Company performs an interior renovation or exterior renovation on the Tank. Once the Tank is renovated pursuant to the schedul e of work in Section 3, the warranty will apply to the renovation work performed by the Company from the time the renovation project is completed until the end of the 10- year Warranty Period. However, the Company does agree to perform touch -up paint w ork on the Tank prior to the performance of a scheduled renovation, but any such touch -up paint work shall be limited to no more than 500 square feet. For the avoidance of doubt, all warranties on any renovation work performed by the Company during the term of this SOW21 will terminate at the end of the 10-year term of this SOW21. The Company will not warranty any work beyond the 10 - year term of this SOW21, unless the Parties mutually agree to an extension of the term of this SOW21 prior to its expiration.
12. Visual Inspection Disclaimer. This SOW21 is based upon a visual inspection of the Tank. The Owner and the Company hereby acknowledge and agree that a visual inspection is intended to assess the condition of the Tank for all patent defects. If latent defects are identified once the Tank has been drained and is made available to the Company, the Owner agrees and acknowledges that the Company shall not be responsible to repair the latent defects unless the Owner and the Company re -negotiate the Annual Fees. The definition of a “latent defect” shall be any defect of the Tank which is not easily discovered (e.g., corrosion of the floor plates, corrosion of the roof plates or rafters, corrosion in areas inaccessible to maintain, damage to the roof of the Tank which is not clearly discoverable during the visual inspection, etc.).
13. Excessive Inflation. In the event that the aggregate of the Annual Inflation Rates (defined herein below) established for two (2) consecutive calendar years during the term of this SOW11 exceeds 6% in total (either upwards or downwards) , the O wner and the Company agree to renegotiate the Annual Fees and adjust the Annual Fees throughout the remaining term of this SOW21 to either compensate the Company for the excessive inflation or to reduce future costs for the Owner . For purposes of this provision, the Annual Inflation Rate for each cale ndar year shall be established by the Engineering News Report – Construction Cost Index (“ENR -CCI”). In the event that the ENR -CCI index is di scontinued, the Owner and the Company will negotiate and agree to an alternative index or methodology to addres s the excessive inflation. For illustrative purposes, if SOW 21 is executed in 2022, the first equitable adjustment could not be made until both the 2023 inflation rate and the 2024 inflation rate have been established.
If the Annual Inflation R ates for 2023 and 2024 are 2.0% and 4.1%, respectively, the Owner and the Company agree to renegotiate the current year’s Annual Fee as well as the remaini ng Annual Fees for the remainder of the term of SOW21 to address the excessive inflation.
____________________________________________________________________________
SIGNATURE PAGE TO FOLLOW.
____________________________________________________________________________
The SOW21 is executed and effective as of the date last signed by the parties below.
OWNER COMPANY
Victorville Water District Utility Service Co., Inc.
By: By:
Name: Name: Karine Rouge
Title: Title: President
Date: Date:
ATTACHMENT 1
Annual Fees/Invoicing
ATTACHMENT 2
Schedule of Cancellation Fees
EXHIBIT A-22
SCOPE OF WORK NO. 22
TO THE MASTER SERVICES AGREEMENT BETWEEN
UTILITY SERVICE CO., INC.
AND
VICTORVILLE WATER DISTRICT
WATER TANK MAINTENANCE – 2,700,000 Gallon Ground Storage Tank – Tank 207
1. Effective Date. The Effective D ate for this Scope of Work No. 22 (“SOW22”) shall be ________________, 20______.
2. Term. This SOW22 shall commence on the Effective Date and shall continue in ful l force and effect for a period of ten (10) years, unless this SOW22 is terminated earlier pursuant to Section 10 herein. For purposes of this SOW22, “Contract Year” shall mean each one- year period beginning on the Effective Date and ending on the day immediately prior to the next succeeding anniversary of the Effective Date (which shall be Contract Year 1) and for each successive period beginning on the anniversary date of the Effective Date and ending on the day immediately prior to the next succeeding anniversary of the Effective Date (hereinafter, “Contract Year” or collectively, “Contract Years”).
3. Company’s Engagement and Responsibilities. The Owner agrees to engage the Company to provide the professional services needed to maintain its 2,7 00,000 gallon water storage tank located at Highway 395, Victorville, California 92394 (hereinafter, “the Tank”). This SOW22 outlines the Company’s responsibility for the care and maintenance of the Tank thereafter. The services (collectively, “the Services”) that the Company will provide include the following:
a. The Tank shall receive an exterior renovation, interior renovation and repairs prior to the end of Contract Year 2.
b. The Company will annually inspect the Tank . The Tank will be inspected to ensure that the structure is in a sound, watertight condition.
The Company will provide a written inspection repor t to the Owner following each inspection. The tank will receive ROV inspections every two years and chemical clean washouts every four years. c. Beginning with the first washout inspection, the Company will clean the interior of the Tank and perform a condition assessment on the Tank (hereinafter “Washout Inspection”); however, draining the tank for the Washout Inspection is the Owner’s responsibility . During each Washout Inspection, the Company will apply an NSF 60 approved chemical cleaning agent to t he interior walls and floor surfaces of the Tank to treat mineral build- up and bio- film that form on the interior tank surfaces.
After a Washout Inspection is completed, the interior of the Tank will be thoroughly inspected and disinfected prior to returning the Tank to service; however, the Owner is responsible for draining and filling the
Tank and conducting any required testing of the water before returning the Tank to service.
d. When interior or exterior painting of the Tank is performed, all products and procedures as to coating systems will be equal to or exceed the requirements of the State of California and the American Water Works Association’s D102 standard in effect as of the Effective Date. e. The Company will install a lock on the roof hatch of the Tank; however, the provision of such lock does not guarantee the Tank’s security during the term of the SOW22 . For the avoidance of doubt, security of the Tank and the site where the Tank is located (hereinafter, “Tank Site”) are the responsibility of the Owner.
f. When the Tank is taken out of service, the Company will furnish pressure relief valves, if requested by the Owner, so that the Owner can install the valves in its water system while the Tank is being serviced.
The Owner assumes all risk and liability for the installation and use of the pressure relief valves.
g. The Company will furnish the Owner with current certificates of insurance, which will summarize the Company’s insurance coverage.
4. Price/Annual Fees. For the perfor mance of the Services , which are described in Section 3, on the Tank, the Owner shall pay the Company an Annual Fee (hereinafter, “Annual Fee”) for each Contract Year of SOW22 . The Annual Fees for each Contract Year are set forth on A ttachment 1 to this Exhibit A -22, which is at tached hereto and incorporated herein by reference. For the avoidance of doubt, the Annual Fees for all of the Owner’s water storage t anks are set forth on Attachment 1, and each line of Attachment 1 sets forth the Annual Fees for the applicable Tank during Contract Years 1-
10. For illustrative purposes, the Annual Fee for the Tank subject to this SOW22 in Contract Year 2 is $88,509.00; however, all ten (10) Annual Fees are set forth on the applicable row in Attachment 1. Furthermore, all applicable sales and/or use taxes are the responsibility of the Owner and are in addition to the stated Annual Fees in Attachment 1.
5. Payment Terms. The Annual Fee for Contract Year 1, plus all applicable taxes, shall be due and payable within ninety (90) days of the Owner’s execution of the SOW22. Each subsequent Annual Fee, plus all applicable taxes, shall be due and payable on the first day of each Contract Year thereafter. If the Annual Fee, plus all applicable taxes, are not paid within ninety (90) days of the date of invoi ce, the Company may charge the Owner a late fee on unpaid balances and may also terminate or suspend Services under this SOW22 without notice. The late fee will be 1.5% per month.
6. Changes or Delays to Services. For purposes of this Section 6 , “Unreasonable Delay” shall mean the Owner’s delay in releasing the Tank or making the Tank available to the Company for the performance of any of the Services described herein for a period of twelve (12) months following the Company’s written request for release or access to the Tank. In the event of Unreasonable Delay , the Company reserves the right to recover its reasonable costs related to the Unreasonable Delay , and the Owner agrees to negotiate with the Com pany in good faith to determine the amount of its reasonable costs caused by such Unreasonable Delay . Furthermore, modifications to the schedule of work set forth in Section 3 can significantly impact the Company’s costs; therefore, modifications must be mutually agreed to by the Parties, and the Company reserves the right to renegotiate the Annual Fees in the event that the schedule
of work is modified. Also, the Owner hereby agrees that the Company can replace a Washout Inspection of the Tank with a vis ual inspection, remotely operated vehicle inspection (“ROV Inspection”), or unmanned aerial vehicle inspection (“UAV Inspection”) without requiring the modification of this SOW22.
7. Structure of Tank and Tank Site Conditions. The Company is accepting this Tank to maintain pursuant to the requirements of this SOW22 based upon its existing structure and components as of the Effective Date (defined hereinafter) . Any modifications to the Tank, including antenna installations, shall be approved by the Com pany, prior to installation and may warrant an increase in the Annual Fees. In addition, changes in the condition of the Tank Site and/or any adjoining properties (e.g., construction of a mall next to the Tank Site which significantly increases the risk of overspray claims, etc.) following the Effective Date, which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW22.
8. Environmental, Health, Safety, Labor, or Industry Requirements. a. The Owner hereby agrees that the promulgation of, enactment of, or modification to any environmental, health, safety, or labor laws, regulations, orders, or ordinances (e.g., EPA or OSHA regulations or standards) following the Effect ive Date of this SOW22 , which cause an increase in t he cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW22. Furthermore, modifications to industry requirement(s) including, but not limited t o, standard(s) or other guidance documents issued by the American Water Works Association, National Sanitary Foundation, and the Association for Materials Protection and Performance, which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW22 . Said equitable adjustment of the Annual Fees in this SOW22 will reasonably reflect the inc reased cost of the Services with newly negotiated Annual Fee(s).
b. The work performed under this SOW22 is subject to prevailing wages, and the workers who are performing work under this SOW22 are to be paid no less than the prevailing hourly rate of wages as set by the appropriate authority. Any future work performed by workers under this SOW22 will be subject to the wage determination of t he appropriate authority which is in effect when the work is performed. However, the Owner and the Company hereby agree that if the prevailing wage rates for any job or trade classification increases by more than 5% per annum from the Effective Date of this SOW22 to the date in which any future work is to be performed under this SOW22 , then the Company reserves the right to re-negotiate the Annual Fee(s) with the Owner. If the Company and the Owner cannot agree on an equitable adjustment to the Annual Fee(s), then:
(1) the Company will not be obligated to perform the work and (2) the Company will not be obligated to return past Annual Fee(s) received by the Company.
9. Excluded Items. This SOW22 does NOT include the cost for and/or liability on the part of the Company for: (i) containment of the Tank at any time during the term of the SOW22; (ii) disposal of any hazardous waste materials; (iii) resolution of operational problems or structural damage due to cold weather; (iv) repair of structural dam age due to antenna installations or other attachments for which the Tank was not originally designed; (v) resolution of operational problems or repair of structural damage or site damage caused by physical conditions below the surface of the ground; (vi) negligent
acts of Owner’s employees, agents or contractors; (vii) damages, whether foreseen or unforeseen, caused by the Owner’s use of pressure relief valves; (viii) repairs to the foundation of the Tank; (ix) any latent defects or inaccessible areas of the Tank or its components (including, but not limited to, (a) corrosion from the underside of the floor plates, and (b) inaccessible areas of the Tank such as the area between the bottom of the roof plate and the top of the roof rafter); (x) the maintenanc e, repair or replacement of any electrical components (to include any lighting, such as aviation lights); (xi) the maintenance, repair or replacement of fill lines, insulation, and/or frost jackets; (xii) the maintenance, repair, or replacement of piping o f any kind below ground level; and (xiii) other conditions which are beyond the Owner’s and Company’s control, including, but not limited to: acts of God and acts of terrorism. Acts of God include, but are not limited to, any damage to the Tank or Tank S ite which is caused by seismic activity, hurricanes, and/or tornadoes. Acts of terrorism include, but are not limited to, any damage to the Tank or Tank Site which results from an unauthorized entry of any kind to the Tank or Tank Site.
10.Termination. This SOW22 is subject to termination by the Owner only at the end of the then-current Contract Year if written notice of intent to terminate is received by the Company at least sixty (60) days prior to the first day of the upcoming Contract Year. If the notice of intent to terminate is not received at least sixty (60) days prior to the first day of the upcoming Contract Year, this SOW22 shall renew for an additional Contract Year and expire at the end of t he upcoming Contract Year. In such an event, the Owner agrees that it shall be responsible to pay the Annual Fee for the upcoming Contract Year.
The notice of intent to terminate must be sent by certified mail, with return receipt requested, to Utility Se rvice Co., Inc., Attention: Customer Service, Pos t Office Box 1350, Perry, Georgia 31069, and signed by the General Manager. Notice of intent to terminate cannot be delivered electronically or verbally (e.g., email, text, phone call, etc.).
The Owner ack nowledges and agrees that the Company has advanced Services to the Owner, and the Company has not received full payment for the Services previously performed. Therefore, if the Owner elects to terminate this SOW22 prior to remitting the first ten (10) Annual Fees, then the applicable fees in Attachment 2 – Schedule of Cancellation Fees shall be due and payable within thirty (30) days of the Company’s receipt of the Owner’s Notice to Terminate. Attachment 2 is attached to this Exhibit A-22 and incorporated herein by reference.
11. Warranty on Labor and Materials Following Renovation of Tank. During the 10 - year term of this SOW22 (hereinafter, “Warranty Period”), the Company warrants to the Owner that the Services are free from defects in mater ials and workmanship under normal and proper use within the Warranty Period (hereinafter, “Covered Defect”). If a defect in material and/or workmanship is identified by Owner during the Warranty Period, then Owner shall promptly notify the Company of the nature of the defect in writing. The Company will also perform inspections of the Tank during the term of this SOW22, and the Company will give n otice of defects to the Owner if it identifies any during its inspections of the Tank. Following the receipt of such notice, the Company shall inspect the work to determine if a Covered Defect exis ts. The Company ’s inspection shall be performed on a date that is mutually agreeable to the Owner and the Company . If a Covered Def ect exists, the Company ’s liability shall be discharged by the Company providing the labor and materials to re- work or re -line any part or parts of the work product produced during t he applicable renovation of the Tank . For the avoidance of doubt and notwithstanding the foregoing, the Owner hereby agrees that the warranty provided in this Section 11: (i) only applies to work performed on the Tank by the
Company, and (ii) does not commence during the Warranty Period until the Company performs an interior renovation or exterior renovation on t he Tank. Once the Tank is renovated pursuant to the schedule of work in Section 3, the warranty will apply to the renovation work performed by the Company from the time the renovation project is completed until the end of the 10- year Warranty Period. However, the Company does agree to perform touch -up paint work on the Tank prior to the performance of a scheduled renovation, but any such touch -up paint work shall be limited to no more than 500 square feet. For the avoidance of doubt, all warranties on any renovation work performed by the Company during the term of this SOW22 will terminate at the end of the 10-year term of this SOW22. The Company will not warranty any work beyond the 10 - year term of this SOW22, unless the Parties mutually agree to an extension of the term of this SOW22 prior to its expiration.
12. Visual Inspection Disclaimer. This SOW22 is based upon a visual inspection of the Tank. The Owner and the Company hereby acknowledge and agree that a visual inspection is intended to assess the condition of the Tank for all patent defects. If latent defects are identified once the Tank has been drained and is made available to the Company, the Owner agrees and acknowledges that the Company shall not be responsible to repair the latent defect s unless the Owner and the Company re -negotiate the Annual Fees. The definition of a “latent defect” shall be any defect of the Tank which is not easily discovered (e.g., corrosion of the floor plates, corrosion of the roof plates or rafters, corrosion in areas inaccessible to maintain, damage to the roof of the Tank which is not clearly discoverable during the visual inspection, etc.).
13. Excessive Inflation. In the event that the aggregate of the Annual Inflation Rates (defined herein below) established for two (2) consecutive calendar years during the term of this SOW11 exceeds 6% in total (either upwards or downwards) , the O wner and the Company agree to renegotiate the Annual Fees and adjust the Annual Fees throughout the remaining term of this SOW22 to either compensate the Company for the excessive inflation or to reduce future costs for the Owner . For purposes of this provision, the Annual Inflation Rate for each cale ndar year shall be established by the Engineering News Report – Construction Cost Index ( “ENR-CCI”). In the event that the ENR -CCI index is discontinued, the Owner and the Company will negotiate and agree to an alternative index or methodology to addres s the excessive inflation. For illustrative purposes, if SOW 22 is executed in 2022, the fi rst equitable adjustment could not be made until both the 2023 inflation rate and the 2024 inflation rate have been established.
If the Annual Inflation R ates for 2023 and 2024 are 2.0% and 4.1%, respectively, the Owner and the Company agree to renegotiat e the current year’s Annual Fee as well as the remaining Annual Fees for the remainder of the term of SOW22 to address the excessive inflation.
____________________________________________________________________________
SIGNATURE PAGE TO FOLLOW.
____________________________________________________________________________
The SOW22 is executed and effective as of the date last signed by the parties below.
OWNER COMPANY
Victorville Water District Utility Service Co., Inc.
By: By:
Name: Name: Karine Rouge
Title: Title: President
Date: Date:
ATTACHMENT 1
Annual Fees/Invoicing
ATTACHMENT 2
Schedule of Cancellation Fees
EXHIBIT A-23
SCOPE OF WORK NO. 23
TO THE MASTER SERVICES AGREEMENT BETWEEN
UTILITY SERVICE CO., INC.
AND
THE VICTORVILLE WATER DISTRICT
WATER TANK MAINTENANCE – 3,100,000 Gallon Ground Storage Tank – Tank 208
1. Effective Date. The Effective D ate for this S cope of Work No. 23 (“SOW23”) shall be ________________, 20______.
2. Term. This SOW23 shall commence on the Effective Date and shall continue in ful l force and effect for a period of ten (10) years, unless this SOW23 is terminated earlier pursuant to Section 10 herein. For purposes of this SOW23, “Contract Year” shall mean each one- year period beginning on the Effective Date and ending on the day immediately prior to the next succeeding anniversary of the Effective Date (which shall be Contract Year 1) and for each successive period beginning on the anniversary date of the Effective Date and ending on the day immediately prior to the next succeeding anniversary of the Effective Date (hereinafter, “Contract Year” or collectively, “Contract Years”).
3. Company’s Engagement and Responsibilities. The Owner agrees to engage the Company to provide the professional services needed to maintain its 3,1 00,000 gallon water storage tank located at 10564 White Road, Victorville, California 92394 (hereinafter, “the Tank”). This SOW23 outlines the Company’s responsibility for the care and maintenance of the Tank thereafter. The services (collectively, “the Services”) that the Company will provide include the following:
a. The Tank shall receive an exterior renovation, interior renovation and repairs prior to the end of Contract Year 1.
b. The Company will annually inspect the Tank . The Tank will be inspected to ensure that the structure is in a sound, watertight condition.
The Company will provide a written inspect ion report to the Ow ner following each inspection. The tank will receive ROV inspections every two years and chemical clean washouts every four years. c. Beginning with the first washout inspection, the Company will clean the interior of the Tank and perform a condition assessment on the Tank (hereinafter “Washout Inspection”); however, draining the tank for the Washout Inspection is the Owner’s responsibility . During each Washout Inspection, the Company will apply an NSF 60 approved chemical cleaning agent to the interior walls and floor surfaces of the Tank to treat mineral build- up and bio- film that form on the interior tank surfaces.
After a Washout Inspection is completed, the interior of the Tank will be thoroughly inspected and disinfected prior to returning the Tank to service; however, the Owner is responsible for draining and filling the
Tank and conducting any required testing of the water before returning the Tank to service.
d. When interior or exterior painting of the Tank is performed, all products and procedures as to coating systems will be equal to or exceed the requirements of the State of California and the American Water Works Association’s D102 standard in effect as of the Effective Date. e. The Company will i nstall a lock on the roof hatch of the Tank; however, the provision of such lock does not guarantee the Tank’s security during the term of the SOW23 . For the avoidance of doubt, security of the Tank and the site where the Tank is located (hereinafter, “Tank Site”) are the responsibility of the Owner.
f. When the Tank is taken out of service, the Company will furnish pressure relief valves, if requested by the Owner, so that the Owner can install the valves in its water system while the Tank is being serv iced.
The Owner assumes all risk and liability for the installation and use of the pressure relief valves.
g. The Company will furnish the Owner with current certificates of insurance, which will summarize the Company’s insurance coverage.
4. Price/Annual Fees. For the performance of the Services , which are described in Section 3, on the Tank, the Owner shall pay the Company an Annual Fee (hereinafter, “Annual Fee”) for each Contract Year of SOW23 . The Annual Fees for each Contract Year are set forth on Attachment 1 to this Exhibit A -23, which is attached hereto and incorporated herein by reference. For the avoidance of doubt, the Annual Fees for all of the Owner’s water storage t anks are set forth on Attachment 1, and each line of Attachment 1 sets forth the Annual Fees for the applicable Tank during Contract Years 1-
10. For illustrative purposes, the Annual Fee for the Tank subject to this SOW23 in Contract Year 1 is $377,196.00; however, all ten (10) Annual Fees are set forth on the applicable row i n Attachment 1. Furthermore, all applicable sales and/or use taxes are the responsibility of the Owner and are in addition to the stated Annual Fees in Attachment 1.
5. Payment Terms. The Annual Fee for Contract Year 1, plus all applicable taxes, shall be due and payable within ninety (90) days of the Owner’ s execution of the SOW23. Each subsequent Annual Fee, plus all applicable taxes, shall be due and payable on the first day of each Contract Year thereafter. If the Annual Fee, plus all applicable taxes, are not paid within ninety (90) days of the date of invoice, the Company may charge the Owner a late fee on unpaid balances and may also terminate or suspend Services under this SOW23 without notice. The late fee will be 1.5% per month.
6. Changes or Delays to Services. For purposes of this Section 6 , “Unreasonable Delay” shall mean the Owner’s delay in releasing the Tank or making the Tank available to the Company for the performance of any of the Services described herein for a period of twelve ( 12) months following the Company’s written request for release or access to the Tank. In the event of Unreasonable Delay , the Company reserves the right to recover its reasonable costs related to the Unreasonable Delay , and the Owner agrees to negotiate wi th the Company in good faith to determine the amount of its reasonable costs caused by such Unreasonable Delay . Furthermore, modifications to the schedule of work set forth in Section 3 can significantly impact the Company’s costs; therefore, modifications must be mutually agreed to by the Parties, and the Company reserves the right to renegotiate the Annual Fees in the event that the schedule
of work is modified. Also, the Owner hereby agrees that the Company can replace a Washout Inspection of the Tank with a visual inspection, remotely operated vehicle inspection (“ROV Inspection”), or unmanned aerial vehicle inspection (“UAV Inspection”) without requiring the modification of this SOW23.
7. Structure of Tank and Tank Site Conditions. The Company is accepting this Tank to maintain pursuant to the requirements of this SOW23 based upon its existing structure and components as of the Effective Date (defined hereinafter) . Any modifications to the Tank, including antenna installations, shall be approved by the Company, prior to installation and may warrant an increase in the Annual Fees. In addition, changes in the condition of the Tank Site and/or any adjoining properties (e.g., construction of a mall next to the Tank Site which significantly increases the risk of overspray claims, etc.) following the Effect ive Date, which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW23.
8. Environmental, Health, Safety, Labor, or Industry Requirements. a. The Owner hereby agrees that the promulgation of, enactment of, or modification to any environmental, health, safety, or labor laws, regulations, orders, or ordinances (e.g., EPA or OSHA regulations or standards) following the Effective Date of this SOW23 , which cause an increas e in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW23. Furthermore, modifications to industry requirement(s) including, but not limited to, standard(s) or other guidance documents iss ued by the American Water Works Association, National Sanitary Foundation, and the Association for Materials Protection and Performance, which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of t he Annual Fees in this SOW23 . Said equitable adjustment of the Annual Fees in this SOW23 will reasonably reflect the inc reased cost of the Services with newly negotiated Annual Fee(s).
b. The work performed under this SOW23 is subject to prevailing wages, and the workers who are performing work under this SOW23 are to be paid no less than the prevailing hourly rate of wages as set by the appropriate authority. Any future work performed by workers u nder this SOW23 will be subject to the wage determination of the appropriate authority which is in effect when the work is performed. However, the Owner and the Company hereby agree that if the prevailing wage rates for any job or trade classification inc reases by m ore than 5% per annum from the Effective Date of this SOW23 to the date in which any future work is to be performed under this SOW23 , then the Company reserves the right to re-negotiate the Annual Fee(s) with the Owner. If the Company and the Owner cannot agree on an equitable adjustment to the Annual F ee(s), then:
(1) the Company will not be obligated to perform the work and (2) the Company will not be obligated to return past Annual Fee(s) received by the Company.
9. Excluded Items. This SOW23 does NOT include the cost for and/or liability on the part of the Company for: (i) containment of the Tank at any time during the term of the SOW23; (ii) disposal of any hazardous waste materials; (iii) resolution of operational problems or struct ural damage due to cold weather; (iv) repair of structur al damage due to antenna installations or other attachments for which the Tank was not originally designed; (v) resolution of operational problems or repair of structural damage or site damage caused by physical conditions below the surface of the ground; (vi) negligent
acts of Owner’s employees, agents or contractors; (vii) damages, whether foreseen or unforeseen, caused by the Owner’s use of pressure relief valves; (viii) repairs to the foundation of the Tank; (ix) any latent defects or inaccessible areas of the Tank or its components (including, but not limited to, (a) corrosion from the underside of the floor plates, and (b) inaccessible areas of the Tank such as the area between the bottom of the roof plate and the top of the roof rafter); (x) the main tenance, repair or replacement of any electrical components (to include any lighting, such as aviation lights); (xi) the maintenance, repair or replacement of fill lines, insulation, and/or frost jack ets; (xii) the maintenance, repair, or replacement of pi ping of any kind below ground level; and (xiii) other conditions which are beyond the Owner’s and Company’s control, including, but not limited to: acts of God and acts of terrorism. Acts of God inc lude, but are not limited to, any damage to the Tank or Tank Site which is caused by seismic activity, hurricanes, and/or tornadoes. Acts of terrorism include, but are not limited to, any damage to the Tank or Tank Site which results from an unauthorized entry of any kind to the Tank or Tank Site.
10.Termination. This SOW23 is subject to termination by the Owner only at the end of the then-current Contract Year if written notice of intent to terminate is received by the Company at least sixty (60) days prior to the first day of the upcoming Contract Year. If the notice of intent to terminate is not received at least sixty (60) days prior to the first day of the upcoming Contract Year, this SOW23 shall renew for an additional Contract Year and expire at the end of the upcoming Contract Year. In such an event , the Owner agrees that it shall be responsible to pay the Annual Fee for the upcoming Contract Year.
The notice of intent to terminate must be sent by certified mail, with return receipt requested, to Utility Service Co., Inc., Attention: Customer Servic e, Post Office Box 1350, Perry, Georgia 31069, and signed by the General Manager. Notice of intent to terminate cannot be delivered electronically or verbally (e.g., email, text, phone call, etc.).
The Owner acknowledges and agrees that the Company has advanced Services to the Owner, and the Company has not received full payment for the Services previously performed. Therefore, if the Owner elects to terminate this SOW23 prior to remitting the first ten (10 ) Annual Fees, then the applicable fees in Attachment 2 – Schedule of Cancellation Fees shall be due and payable within thirty (30) days of the Company’s receipt of the Owner’s Notice to Terminate. Attachment 2 is attached to this Exhibit A-23 and incorporated herein by reference.
11. Warranty on Labor and Materials Following Renovation of Tank. During the 10 - year term of this SOW23 (hereinafter, “Warranty Period”), the Company warrants to the Owner that the Services are free from defects in materials and workmanship under normal and proper use within the Warranty Period (hereinafter, “Covered Defect”). If a defect in material and/or workmanship is identified by Owner during the Warranty Period, then Owner shall promptly notify the Company of the nature of the defect i n writing. The Company will also perform inspections of the Tank during the term of this SOW23, and the Company will give n otice of defects to the Owner if it identifies any during its inspections of the Tank. Following the rece ipt of such notice, the Company shall inspect the work to determine if a Covered Defect exis ts. The Company ’s inspection shall be performed on a date that is mutually agreeable to the Owner and the Company . If a Covered Def ect exists, the Company ’s liab ility shall be di scharged by the Company providing the labor and materials to re- work or re -line any part or parts of the work product produced during t he applicable renovation of the Tank . For the avoidance of doubt and notwithstanding the foregoing, the Owner hereby agrees that the warranty provided in this Section 11: (i) only applies to work performed on the Tank by the
Company, and (ii) does not commence during the Warranty Period until the Company performs an interior renovation or exterior renovation on the Tank. Once the Tank is renovated pursuant to the schedule of work in Section 3, the warranty will apply to the renovation work performed by the Company from the time the renovation project is completed until the end of the 10- year Warranty Period. However, the Company does agree to perform touch -up paint work on the Tank prior to the performance of a scheduled renovation, but any such touch -up paint work shall be limited to no more than 500 square feet. For the avoidance of doubt, all warranti es on any renovation work performed by the Company during the term of this SOW23 will terminate at the end of the 10-year term of this SOW23. The Company will not warranty any work beyond the 10 - year term of this SOW23, unless the Parties mutually agree to an extension of the term of this SOW23 prior to its expiration.
12. Visual Inspection Disclaimer. This SOW23 is based upon a visual inspection of the Tank. The Owner and the Company hereby acknowledge and agree that a visual inspection is intended to asses s the condition of the Tank for all patent defects. If latent defects are identified once the Tank has been drained and is made available to the Company, the Owner agrees and acknowledges that the Company shall not be responsible to repair the latent de fects unless the Owner and the Company re -negotiate the Annual Fees. The definition of a “latent defect” shall be any defect of the Tank which is not easily discovered (e.g., corrosion of the floor plates, corrosion of the roof plates or rafters, corrosion in areas inaccessible to maintain, damage to the roof of the Tank which is not clearly discoverable during the visual inspection, etc.).
13. Excessive Inflation. In the event that the aggregate of the Annual Inflation Rates (defined herein below) established for two (2) consecutive calendar years during the term of this SOW11 exceeds 6% in total (either upwards or downwards) , the O wner and the Company agree to renegotiate the Annual Fees and adjust the Annual Fees throughout the remaining term of this SOW23 to either compensate the Company for the excessive inflation or to reduce future costs for the Owner . For purposes of this provision, the Annual Inflation Rate for each cale ndar year shall be established by the Engineering News Report – Construction Cost Index (“ENR -CCI”). In the event that the ENR -CCI index is discontinued, the Owner and the Company will negotiate and agree to an alternative index or methodology to addres s the excessive inflation. For illustrative purposes, if SOW 23 is executed in 2022, the first equitable adjustment could not be made until both the 2023 inflation rate and the 2024 inflation rate have been established.
If the Annual Inflation R ates for 2023 and 2024 are 2.0% and 4.1%, respectively, the Owner and the Company agree to renegotiate the current year’s Annual Fee as well as the remaining Annual Fees for the remainder of the term of SOW23 to address the excessive inflation.
____________________________________________________________________________
SIGNATURE PAGE TO FOLLOW.
____________________________________________________________________________
The SOW23 is executed and effective as of the date last signed by the parties below.
OWNER COMPANY
Victorville Water District Utility Service Co., Inc.
By: By:
Name: Name: Karine Rouge
Title: Title: President
Date: Date:
ATTACHMENT 1
Annual Fees/Invoicing
ATTACHMENT 2
Schedule of Cancellation Fees
EXHIBIT A-24
SCOPE OF WORK NO. 24
TO THE MASTER SERVICES AGREEMENT BETWEEN
UTILITY SERVICE CO., INC.
AND
THE VICTORVILLE WATER DISTRICT
WATER TANK MAINTENANCE – 2,000,000 Gallon Ground Storage Tank – Tank 209
1. Effective Date. The Effective D ate for this S cope of Work No. 24 (“SOW24”) shall be ________________, 20______.
2. Term. This SOW24 shall commence on the Effective Date and shall continue in ful l force and effect for a period of ten (10) years, unless this SOW24 is terminated earlier pursuant to Section 10 herein. For purposes of this SOW24, “Contract Year” shall mean each one- year period beginning on the Effective Date and ending on the day immediately prior to the next succeeding anniversary of the Effective Date (which shall be Contract Year 1) and for each successive period beginning on the anniversary date of the Effective Date and ending on the day immediately prior to the next succeeding anniversary of the Effective Date (hereinafter, “Contract Year” or collectively, “Contract Years”).
3. Company’s Engagement and Responsibilities. The Owner agrees to engage the Company to provide the professional services needed to maintain its 2 ,000,000 gallon water storage tank located at 10564 White Road, Victorville, California 92394 (hereinafter, “the Tank”). This SOW24 outlines the Company’s responsibility for the care and maintenance of the Tank thereafter. The services (collectively, “the Services”) that the Company will provide include the following:
a. The Tank shall receive an exterior renovation, interior renovation and repairs prior to the end of Contract Year 1.
b. The Company will annually inspect the Tank . The Tank will be inspected to ensure that the structure is in a sound, watertight condition.
The Company will provide a written inspect ion report to the Ow ner following each inspection. The tank will receive ROV inspections every two years and chemical clean washouts every four years. c. Beginning with the first washout inspection, the Company will clean the interior of the Tank and perform a condition assessment on the Tank (hereinafter “Washout Inspection”); however, draining the tank for the Washout Inspection is the Owner’s responsibility . During each Washout Inspection, the Company will apply an NSF 60 approved chemical cleaning agent to the interior walls and floor surfaces of the Tank to treat mineral build- up and bio- film that form on the interior tank surfaces.
After a Washout Inspection is completed, the interior of the Tank will be thoroughly inspected and disinfected prior to returning the Tank to service; however, the Owner is responsible for draining and filling the
Tank and conducting any required testing of the water before returning the Tank to service.
d. When interior or exterior painting of the Tank is performed, all products and procedures as to coating systems will be equal to or exceed the requirements of the State of California and the American Water Works Association’s D102 standard in effect as of the Effective Date. e. The Company will i nstall a lock on the roof hatch of the Tank; however, the provision of such lock does not guarantee the Tank’s security during the term of the SOW24 . For the avoidance of doubt, security of the Tank and the site where the Tank is located (hereinafter, “Tank Site”) are the responsibility of the Owner.
f. When the Tank is taken out of service, the Company will furnish pressure relief valves, if requested by the Owner, so that the Owner can install the valves in its water system while the Tank is being serv iced.
The Owner assumes all risk and liability for the installation and use of the pressure relief valves.
g. The Company will furnish the Owner with current certificates of insurance, which will summarize the Company’s insurance coverage.
4. Price/Annual Fees. For the performance of the Services , which are described in Section 3, on the Tank, the Owner shall pay the Company an Annual Fee (hereinafter, “Annual Fee”) for each Contract Year of SOW24 . The Annual Fees for each Contract Year are set forth on Attachment 1 to this Exhibit A -24, which is attached hereto and incorporated herein by reference. For the avoidance of doubt, the Annual Fees for all of the Owner’s water storage t anks are set forth on Attachment 1, and each line of Attachment 1 sets forth the Annual Fees for the applicable Tank during Contract Years 1-
10. For illustrative purposes, the Annual Fee for the Tank subject to this SOW24 in Contract Year 1 is $265,043.00; however, all ten (10) Annual Fees are set forth on the applicable row i n Attachment 1. Furthermore, all applicable sales and/or use taxes are the responsibility of the Owner and are in addition to the stated Annual Fees in Attachment 1.
5. Payment Terms. The Annual Fee for Contract Year 1, plus all applicable taxes, shall be due and payable within ninety (90) days of the Owner’ s execution of the SOW24. Each subsequent Annual Fee, plus all applicable taxes, shall be due and payable on the first day of each Contract Year thereafter. If the Annual Fee, plus all applicable taxes, are not paid within ninety (90) days of the date of invoice, the Company may charge the Owner a late fee on unpaid balances and may also terminate or suspend Services under this SOW24 without notice. The late fee will be 1.5% per month.
6. Changes or Delays to Services. For purposes of this Section 6 , “Unreasonable Delay” shall mean the Owner’s delay in releasing the Tank or making the Tank available to the Company for the performance of any of the Services described herein for a period of twelve ( 12) months following the Company’s written request for release or access to the Tank. In the event of Unreasonable Delay , the Company reserves the right to recover its reasonable costs related to the Unreasonable Delay , and the Owner agrees to negotiate wi th the Company in good faith to determine the amount of its reasonable costs caused by such Unreasonable Delay . Furthermore, modifications to the schedule of work set forth in Section 3 can significantly impact the Company’s costs; therefore, modifications must be mutually agreed to by the Parties, and the Company reserves the right to renegotiate the Annual Fees in the event that the schedule
of work is modified. Also, the Owner hereby agrees that the Company can replace a Washout Inspection of the Tank with a visual inspection, remotely operated vehicle inspection (“ROV Inspection”), or unmanned aerial vehicle inspection (“UAV Inspection”) without requiring the modification of this SOW24.
7. Structure of Tank and Tank Site Conditions. The Company is accepting this Tank to maintain pursuant to the requirements of this SOW24 based upon its existing structure and components as of the Effective Date (defined hereinafter) . Any modifications to the Tank, including antenna installations, shall be approved by the Company, prior to installation and may warrant an increase in the Annual Fees. In addition, changes in the condition of the Tank Site and/or any adjoining properties (e.g., construction of a mall next to the Tank Site which significantly increases the risk of overspray claims, etc.) following the Effect ive Date, which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW24.
8. Environmental, Health, Safety, Labor, or Industry Requirements. a. The Owner hereby agrees that the promulgation of, enactment of, or modification to any environmental, health, safety, or labor laws, regulations, orders, or ordinances (e.g., EPA or OSHA regulations or standards) following the Effective Date of this SOW24 , which cause an increas e in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW24. Furthermore, modifications to industry requirement(s) including, but not limited to, standard(s) or other guidance documents iss ued by the American Water Works Association, National Sanitary Foundation, and the Association for Materials Protection and Performance, which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of t he Annual Fees in this SOW24 . Said equitable adjustment of the Annual Fees in this SOW24 will reasonably reflect the inc reased cost of the Services with newly negotiated Annual Fee(s).
b. The work performed under this SOW24 is subject to prevailing wages, and the workers who are performing work under this SOW24 are to be paid no less than the prevailing hourly rate of wages as set by the appropriate authority. Any future work performed by workers u nder this SOW24 will be subject to the wage determination of the appropriate authority which is in effect when the work is performed. However, the Owner and the Company hereby agree that if the prevailing wage rates for any job or trade classification inc reases by m ore than 5% per annum from the Effective Date of this SOW24 to the date in which any future work is to be performed under this SOW24 , then the Company reserves the right to re-negotiate the Annual Fee(s) with the Owner. If the Company and the Owner cannot agree on an equitable adjustment to the Annual F ee(s), then:
(1) the Company will not be obligated to perform the work and (2) the Company will not be obligated to return past Annual Fee(s) received by the Company.
9. Excluded Items. This SOW24 does NOT include the cost for and/or liability on the part of the Company for: (i) containment of the Tank at any time during the term of the SOW24; (ii) disposal of any hazardous waste materials; (iii) resolution of operational problems or struct ural damage due to cold weather; (iv) repair of structur al damage due to antenna installations or other attachments for which the Tank was not originally designed; (v) resolution of operational problems or repair of structural damage or site damage caused by physical conditions below the surface of the ground; (vi) negligent
acts of Owner’s employees, agents or contractors; (vii) damages, whether foreseen or unforeseen, caused by the Owner’s use of pressure relief valves; (viii) repairs to the foundation of the Tank; (ix) any latent defects or inaccessible areas of the Tank or its components (including, but not limited to, (a) corrosion from the underside of the floor plates, and (b) inaccessible areas of the Tank such as the area between the bottom of the roof plate and the top of the roof rafter); (x) the main tenance, repair or replacement of any electrical components (to include any lighting, such as aviation lights); (xi) the maintenance, repair or replacement of fill lines, insulation, and/or frost jack ets; (xii) the maintenance, repair, or replacement of pi ping of any kind below ground level; and (xiii) other conditions which are beyond the Owner’s and Company’s control, including, but not limited to: acts of God and acts of terrorism. Acts of God inc lude, but are not limited to, any damage to the Tank or Tank Site which is caused by seismic activity, hurricanes, and/or tornadoes. Acts of terrorism include, but are not limited to, any damage to the Tank or Tank Site which results from an unauthorized entry of any kind to the Tank or Tank Site.
10.Termination. This SOW24 is subject to termination by the Owner only at the end of the then-current Contract Year if written notice of intent to terminate is received by the Company at least sixty (60) days prior to the first day of the upcoming Contract Year. If the notice of intent to terminate is not received at least sixty (60) days prior to the first day of the upcoming Contract Year, this SOW24 shall renew for an additional Contract Year and expire at the end of the upcoming Contract Year. In such an event , the Owner agrees that it shall be responsible to pay the Annual Fee for the upcoming Contract Year.
The notice of intent to terminate must be sent by certified mail, with return receipt requested, to Utility Service Co., Inc., Attention: Customer Servic e, Post Office Box 1350, Perry, Georgia 31069, and signed by the General Manager. Notice of intent to terminate cannot be delivered electronically or verbally (e.g., email, text, phone call, etc.).
The Owner acknowledges and agrees that the Company has advanced Services to the Owner, and the Company has not received full payment for the Services previously performed. Therefore, if the Owner elects to terminate this SOW24 prior to remitting the first ten (10 ) Annual Fees, then the applicable fees in Attachment 2 – Schedule of Cancellation Fees shall be due and payable within thirty (30) days of the Company’s receipt of the Owner’s Notice to Terminate. Attachment 2 is attached to this Exhibit A-24 and incorporated herein by reference.
11. Warranty on Labor and Materials Following Renovation of Tank. During the 10 - year term of this SOW24 (hereinafter, “Warranty Period”), the Company warrants to the Owner that the Services are free from defects in materials and workmanship under normal and proper use within the Warranty Period (hereinafter, “Covered Defect”). If a defect in material and/or workmanship is identified by Owner during the Warranty Period, then Owner shall promptly notify the Company of the nature of the defect i n writing. The Company will also perform inspections of the Tank during the term of this SOW24, and the Company will give n otice of defects to the Owner if it identifies any during its inspections of the Tank. Following the rece ipt of such notice, the Company shall inspect the work to determine if a Covered Defect exis ts. The Company ’s inspection shall be performed on a date that is mutually agreeable to the Owner and the Company . If a Covered Def ect exists, the Company ’s liab ility shall be di scharged by the Company providing the labor and materials to re- work or re -line any part or parts of the work product produced during t he applicable renovation of the Tank . For the avoidance of doubt and notwithstanding the foregoing, the Owner hereby agrees that the warranty provided in this Section 11: (i) only applies to work performed on the Tank by the
Company, and (ii) does not commence during the Warranty Period until the Company performs an interior renovation or exterior renovation on the Tank. Once the Tank is renovated pursuant to the schedule of work in Section 3, the warranty will apply to the renovation work performed by the Company from the time the renovation project is completed until the end of the 10- year Warranty Period. However, the Company does agree to perform touch -up paint work on the Tank prior to the performance of a scheduled renovation, but any such touch -up paint work shall be limited to no more than 500 square feet. For the avoidance of doubt, all warranti es on any renovation work performed by the Company during the term of this SOW24 will terminate at the end of the 10-year term of this SOW24. The Company will not warranty any work beyond the 10 - year term of this SOW24, unless the Parties mutually agree to an extension of the term of this SOW24 prior to its expiration.
12. Visual Inspection Disclaimer. This SOW24 is based upon a visual inspection of the Tank. The Owner and the Company hereby acknowledge and agree that a visual inspection is intended to asses s the condition of the Tank for all patent defects. If latent defects are identified once the Tank has been drained and is made available to the Company, the Owner agrees and acknowledges that the Company shall not be responsible to repair the latent de fects unless the Owner and the Company re -negotiate the Annual Fees. The definition of a “latent defect” shall be any defect of the Tank which is not easily discovered (e.g., corrosion of the floor plates, corrosion of the roof plates or rafters, corrosion in areas inaccessible to maintain, damage to the roof of the Tank which is not clearly discoverable during the visual inspection, etc.).
13. Excessive Inflation. In the event that the aggregate of the Annual Inflation Rates (defined herein below) established for two (2) consecutive calendar years during the term of this SOW11 exceeds 6% in total (either upwards or downwards) , the O wner and the Company agree to renegotiate the Annual Fees and adjust the Annual Fees throughout the remaining term of this SOW24 to either compensate the Company for the excessive inflation or to reduce future costs for the Owner . For purposes of this provision, the Annual Inflation Rate for each cale ndar year shall be established by the Engineering News Report – Construction Cost Index (“ENR -CCI”). In the event that the ENR -CCI index is discontinued, the Owner and the Company will negotiate and agree to an alternative index or methodology to addres s the excessive inflation. For illustrative purposes, if SOW 24 is executed in 2022, the first equitable adjustment could not be made until both the 2023 inflation rate and the 2024 inflation rate have been established.
If the Annual Inflation R ates for 2023 and 2024 are 2.0% and 4.1%, respectively, the Owner and the Company agree to renegotiate the current year’s Annual Fee as well as the remaining Annual Fees for the remainder of the term of SOW24 to address the excessive inflation.
____________________________________________________________________________
SIGNATURE PAGE TO FOLLOW.
____________________________________________________________________________
The SOW24 is executed and effective as of the date last signed by the parties below.
OWNER COMPANY
Victorville Water District Utility Service Co., Inc.
By: By:
Name: Name: Karine Rouge
Title: Title: President
Date: Date:
ATTACHMENT 1
Annual Fees/Invoicing
ATTACHMENT 2
Schedule of Cancellation Fees
EXHIBIT A-25
SCOPE OF WORK NO. 25
TO THE MASTER SERVICES AGREEMENT BETWEEN
UTILITY SERVICE CO., INC.
AND
THE VICTORVILLE WATER DISTRICT
WATER TANK MAINTENANCE – 2,000,000 Gallon Ground Storage Tank – Tank 210
1. Effective Date. The Effective D ate for this S cope of Work No. 25 (“SOW25”) shall be ________________, 20______.
2. Term. This SOW25 shall commence on the Effective Date and shall continue in ful l force and effect for a period of ten (10) years, unless this SOW25 is terminated earlier pursuant to Section 10 herein. For purposes of this SOW25, “Contract Year” shall mean each one- year period beginning on the Effective Date and ending on the day immediately prior to the next succeeding anniversary of the Effective Date (which shall be Contract Year 1) and for each successive period beginning on the anniversary date of the Effective Date and ending on the day immediately prior to the next succeeding anniversary of the Effective Date (hereinafter, “Contract Year” or collectively, “Contract Years”).
3. Company’s Engagement and Responsibilities. The Owner agrees to engage the Company to provide the professional services needed to maintain its 2 ,000,000 gallon water storage tank located at 9971 Caughlin Road, Victorville, California 92394 (hereinafter, “the Tank”). This SOW25 outlines the Company’s responsibility for the care and maintenance of the Tank thereafter. The services (collectively, “the Services”) that the Company will provide include the following:
a. The Tank shall receive repairs prior to the end of Contract Y ear 1.
The Tank shall receive an exterior renovation prior to the end of Contract Year 5. The Tank shall receive an interior renovation prior to the end of Contract Year 10.
b. The Company will annually inspect the Tank . The Tank will be inspected to ensure that the structure is in a sound, watertight condition.
The Company will provide a written inspection report to the Owner following each inspection. The tank will receive ROV inspections every two years and chemical clean washouts every four years. c. Beginning with the first washout inspection, the Company will clean the interior of the Tank and perform a condition assessment on the Tank (hereinafter “Washout Inspection”); however, draining the tank for the Washout Inspection is the Owner’s respons ibility. During each Washout Inspection, the Company will apply an NSF 60 approved chemical cleaning agent to the interior walls and floor surfaces of the Tank to treat mineral build- up and bio- film that form on the interior tank surfaces.
After a Washout Inspection is completed, the interior of the Tank will be thoroughly inspected and disinfected prior to returning the Tank to
service; however, the Owner is responsible for draining and filling the Tank and conducting any required t esting of the water before returning the Tank to service.
d. When interior or exterior painting of the Tank is performed, all products and procedures as to coating systems will be equal to or exceed the requirements of the State of Cal ifornia and the American Water Works Association’s D102 standard in effect as of the Effective Date. e. The Company will install a lock on the roof hatch of the Tank; however, the provision of such lock does not guarantee the Tank’s security during the term of the SOW25. Fo r the avoidance of doubt, security of the Tank and the site where the Tank is located (hereinafter, “Tank Site”) are the responsibility of the Owner.
f. When the Tank is taken out of service, the Company will furnish pressure relief valves, if requested by the Owner, so that the Owner can install the valves in its water system while the Tank is being serviced.
The Owner assumes all risk and liability for the installation and use of the pressure relief valves.
g. The Company will furnish the Owner with current certificates of insurance, which will summarize the Company’s insurance coverage.
4. Price/Annual Fees. For the performance of the Services , which are described in Section 3, on the Tank, the Owner shall pay the Company an Annual Fee (hereinafter , “Annual Fee”) for each Contract Year of SOW25 . The Annual Fees for each Contract Year are set forth on A ttachment 1 to this Exhibit A -25, which is attached hereto and incorporated herein by reference. For the avoidance of doubt, the Annual Fees for all of the Owner’s water sto rage t anks are set forth on Attachment 1, and each line of Attachment 1 sets forth the Annual Fees for the applicable Tank during Contract Years 1-
10. For illustrative purposes, the Annual Fee for the Tank subject to this SOW25 in Contract Year 1 is $21,271.00, the Annual Fee for the Tank subject to this SOW25 in Contract Year 5 is $162,491.00, the Annual Fee for the Tank subject to this SOW25 in Contract Year 10 is $639,193.00; however, all ten (10) Annual Fees are set forth on the applicable row in Attachment 1. Furthermore, all applicable sales and/or use taxes are the responsibility of the Owner and are in addition to the stated Annual Fees in Attachment 1.
5. Payment Terms. The Annual Fee for Contract Year 1, plus all applicable taxes, shall be due and payable within ninety (90) days of the Owner’s execution of the SOW25. Each subsequent Annual Fee, plus all applicable taxes, shall be due and payable on the first day of each Contract Year thereafter. If t he Annual Fee, plus all applicable taxes, are not paid within ninety (90) days of the date of invoice, the Company may charge the Owner a late fee on unpaid balances and may also terminate or suspend Services under this SOW25 without notice. The late fee will be 1.5% per month.
6. Changes or Delays to Services. For purposes of this Section 6 , “Unreasonable Delay” shall mean the Owner’s delay in releasing the Tank or making the Tank available to the Company for the performance of any of the Services described herein for a period of twelve (12) months following the Company’s written request for release or access to the Tank. In the event of Unreasonable Delay , the Company reserves the right to recover its reasonable costs related to the Unreasonable Delay , and the Owner agrees to negotiate with the Company in good faith to determine the amount of its reasonable costs caused by such Unreasonable Delay . Furthermore, modifications
to the schedule of work set forth in Section 3 can significantly impact the Com pany’s costs; therefore, modifications must be mutually agreed to by the Parties, and the Company reserves the right to renegotiate the Annual Fees in the event that the schedule of work is modified. Also, the Owner hereby agrees that the Company can repl ace a Washout Inspection of the Tank with a visual inspection, remotely operated vehicle inspection (“ROV Inspection”), or unmanned aerial vehicle inspection (“UAV Inspection”) without requiring the modification of this SOW25.
7. Structure of Tank and Tank Site Conditions. The Company is accepting this Tank to maintain pursuant to the requirements of this SOW25 based upon its existing structure and components as of the Effective Date (defined hereinafter) . Any modifications to the Tank, including antenna installations, shall be approved by the Company, pri or to installation and may warrant an increase in the Annual Fees. In addition, changes in the condition of the Tank Site and/or any adjoining properties (e.g., construction of a mall next to the Tan k Site which significantly increases the risk of overspr ay claims, etc.) following the Effective Date, which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW25.
8. Environmental, Health, Safety, Labor, or Industry Requirements. a. The Owner hereby agrees that the promulgation of, enactment of, or modification to any environmental, health, safety, or labor laws, regulations, orders, or ordinances (e.g., EPA or OSHA regulations or standards) following the Effective Date of this SOW25, which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW25. Furthermore, modifications to industry requirement(s) including, but not limited to, standa rd(s) or other guidance documents issued by the American Water Works Association, National Sanitary Foundation, and the Association for Materials Protection and Performance, which cause an increase in the cost of the maintenance of the Tank, will be just c ause for an equitable adjustment of the Annual Fees in this SOW25 . Said equitable adjustment of the Annual Fees in this SOW25 will reasonably reflect the inc reased cost of the Services with newly negotiated Annual Fee(s).
b. The work performed under thi s SOW25 is subject to prevailing wages, and the workers who are performing work under this SOW25 are to be paid no less than the prevailing hourly rate of wages as set by the appropriate authority. A ny future work performed by workers under this SOW25 will be subject to the wage determination of the appropriate authority which is in effect when the work is performed. However, the Owner and the Company hereby agree that if the prevailing wage rates fo r any job or trade classification increases by m ore than 5% per annum from the Effective Date of this SOW25 to the date in which any future work is to be performed under this SOW25 , then the Company reserves the right to re-negotiate the Annual Fee(s) with the Owner. If the Company and the Owner cannot agree on an equitable adjustment to the Annual Fee(s), then:
(1) the Company will not be obligated to perform the work and (2) the Company will not be obligated to return past Annual Fee(s) received by the Company.
9. Excluded Items. This SOW25 does NOT include the cost for and/or liability on the part of the Company for: (i) containment of the Tank at any time during the term of the SOW25; (ii) disposal of any hazardous waste materials; (iii) resolut ion of operational problems or structural damage due to cold weather; (iv) repair of structural damage due
to antenna installations or other attachments for which the Tank was not originally designed; (v) resolution of operational problems or repair of str uctural damage or site damage caused by physical conditi ons below the surface of the ground; (vi) negligent acts of Owner’s employees, agents or contractors; (vii) damages, whether foreseen or unforeseen, caused by the Owner’s use of pressure relief valves ; (viii) repairs to the foundation of the Tank; (ix) any latent defects or inaccessible areas of the Tank or its components (including, but not limited to, (a) corrosion from the underside of the floor plates, and (b) inaccessible areas of the Tank such as the area between the bottom of the roof plate and the t op of the roof rafter); (x) the maintenance, repair or replacement of any electrical components (to include any lighting, such as aviation lights); (xi) the maintenance, repair or replacement of fill lines, insulation, and/or frost jackets; (xii) the maintenance, repair, or replacement of piping of any kind below ground level; and (xiii) other conditions which are beyond the Owner’s and Company’s control, including, but not limited to: acts of God and acts of terrorism. Acts of God include, but are not l imited to, any damage to the Tank or Tank Site which is caused by seismic activity, hurricanes, and/or tornadoes. Acts of terrorism include, but are not limited to, any damage to the Tank or Tank Sit e which results from an unauthorized entry of any kind t o the Tank or Tank Site.
10.Termination. This SOW25 is subject to termination by the Owner only at the end of the then-current Contract Year if written notice of intent to terminate is received by the Company at least sixty (60) days prior to the first da y of the upcoming Contract Year. If the notice of intent to terminate is not received at least sixty (60) days prior to the first day of the upcoming Contract Year, this SOW25 shall renew for an addi tional Contract Year and expire at the end of the upcomi ng Contract Year. In such an event, the Owner agrees that it shall be responsible to pay the Annual Fee for the upcoming Contract Year.
The notice of intent to terminate must be sent by certified mai l, with return receipt requested, to Utility Service C o., Inc., Attention: Customer Service, Post Office Box 1350, Perry, Georgia 31069, and signed by the General Manager. Notice of intent to terminate cannot be delivered electronically or verbally (e.g., email, text, phone call, etc.).
The Owner acknowledges and agrees that the Company has advanced Services to the Owner, and the Company has not received full payment for the Services previously performed. Therefore, if the Owner ele cts to terminate this SOW25 prior to remitting the first ten (10) Annual Fees, then the applicable fees in Attachment 2 – Schedule of Cancellation Fees shall be due and payable within thirty (30) days of the Company’s receipt of the Owner’s Notice to Terminat e. Attachment 2 is attached to this Exhibit A-25 and incorporated herein by reference.
11. Warranty on Labor and Materials Following Renovation of Tank. During the 10 - year term of this SOW25 (hereinafter, “Warranty Period”), the Company warrants to the Owner that the Services are free from defects in materials and workmanship under normal and proper use within the Warranty Period (hereinafter, “Covered Defect”). If a defect in material and/or workmanship is identified by Owner during the Warranty Period, then Owner shall promptly notify the Company of the nature of the defect i n writing. The Company will also perform inspections of the Tank during the term of this SOW25, and the Company will give n otice of defects to the Owner if it identifies any during its inspections of the Tank. Following the receipt of s uch notice, the Company shall inspect the work to determine if a Covered Defect exis ts. The Company ’s inspection shall be performed on a date that is mutually agreeable to the Owner and the Company . If a Covered Defect exists, the Company ’s liability shall be discharged by the Company providing the labor and materials to re- work or re -line any part or parts of the work
product produced during t he applicable renovation of the Tank . For the avoidance of doubt and notwithstanding the foregoing, the Owner hereby agrees that the warranty provided in this Section 11: (i) only applies to work performed on the Tank by the Company, and (ii) does not commence during the Warranty Period until the Company performs an inte rior renovation or exterior renovation on the Tank. Once the Tank is renovated pursuant to the schedule of work in Section 3, the warranty will apply to the renovation work performed by the Company from the time the renovation project is completed until the end of the 10- year Warranty Period. However, the Company does agree to perform touch -up paint work on the Tank prior to the performance of a scheduled renovation, but any such touch -up paint work shall be limited to no more than 500 square feet. For the avoidance of doubt, all warranties on any renovation work performed by the Company during the term of this SOW25 will terminate at the end of the 10-year term of this SOW25. The Company will not warranty any work beyond the 10 - year term of this SOW25, unless the Parties mutually agree to an extension of the term of this SOW25 prior to its expiration.
12. Visual Inspection Disclaimer. This SOW25 is based upon a visual inspection of the Tank. The Owner and the Company hereby acknowledge and agree that a visual inspection is intended to assess the condition of the Tank for all patent defects. If latent defects are identified once the Tank has been drained and is made available to the Company, the Owner agrees and acknowledges that the Company shall not be responsible to repair the latent defects unless the Owner and the Company re -negotiate the Annual Fees. The definition of a “latent defect” shall be any defect of the Tank which is not easily discovered (e.g., corrosion of the floor plates, corrosion of the roof plates or rafters, corrosion in areas inaccessible to maintain, damage to the roof of the Tank which is not clearly discoverable during the visual inspection, etc.).
13. Excessive Inflation. In the event that the aggregate of the Annual Inflation Rates (defined herein below) established for two (2) consecutive calendar years during the term of this SOW11 exceeds 6% in total (either upwards or downwards) , the O wner and the Company agree to renegotiate the Annual Fees and adjust the Annual Fees throughout the remaining term of this SOW25 to either compensate the Company for the excessive inflation or to reduce future costs for the Owner . For purposes of this provision, the Annual Inflation Rate for each cale ndar year shall be established by the Engi neering News Report – Construction Cost Index (“ENR -CCI”). In the event that the ENR -CCI index is discontinued, the Owner and the Company will negotiate and agree to an alternative index or methodology to addres s the excessive inflation. For illustrative purposes, if SOW 25 is executed in 2022, the first equitable adjustment could not be made until both the 2023 inflation rate and the 2024 inflation rate have been established.
If the Annual Inflation R ates for 2023 and 2024 are 2.0% and 4.1%, respectively, the Owner and the Company agree to renegotiate the current year’s Annual Fee as well as the remaining Annual Fees for the remainder of the term of SOW25 to address the excessive inflation.
____________________________________________________________________________
SIGNATURE PAGE TO FOLLOW.
____________________________________________________________________________
The SOW25 is executed and effective as of the date last signed by the parties below.
OWNER COMPANY
Victorville Water District Utility Service Co., Inc.
By: By:
Name: Name: Karine Rouge
Title: Title: President
Date: Date:
ATTACHMENT 1
Annual Fees/Invoicing
ATTACHMENT 2
Schedule of Cancellation Fees
EXHIBIT A-26
SCOPE OF WORK NO. 26
TO THE MASTER SERVICES AGREEMENT BETWEEN
UTILITY SERVICE CO., INC.
AND
THE VICTORVILLE WATER DISTRICT
WATER TANK MAINTENANCE – 1,000,000 GALLON ELEVATED STORAGE TANK –
RECYCLED OLD WESTWINDS TANK
1. Effective Date. The Effective Date for this Scope of Work No. 26 (“SOW26”) shall be ________________, 20______.
2. Term. This SOW26 shall commence on the Effective Date and shall continue in ful l force and effect for a period of ten (10) years, unless this SOW26 is terminated earlier pursuant to Section 10 herein. For purposes of this SOW26, “Contract Year” shall mean each one- year period beginning on the Effective Date and ending on the day immediately prior to the next succeeding anniversary of the Effective Date (which shall be Contract Year 1) and for each successive period beginning on the anniversary date of the Effective Date and ending on the day immediately prior to the next succeeding anniversary of the Effective Date (hereinafter, “Contract Year” or collectively, “Cont ract Years”).
3. Company’s Engagement and Responsibilities. The Owner agrees to engage the Company to provide the professional services needed to maintain its 1 ,000,000 gallon water storage tank located at Interstate 15 Old Westwinds Golf Course, Victorvi lle, California 92394 (hereinafter, “the Tank”). This SOW26 outlines the Company’s responsibility for the care and maintenance of the Tank thereafter. The services (collectively, “the Services”) that the Company will provide include the following:
a. The Tank shall receive repairs prior to the end of Contract Year 1.
The Tank shall receive an exterior renovation and interior renovation prior to the end of Contract Year 10.
b. The Company will annually inspect the Tank . The Tank will be inspected to ensure that the structure is in a sound, watertight condition.
The Company will provide a written inspection report to the Owner following each inspection. The tank will receive ROV inspections every two years and chemical clean washouts every four years. c. Beginning with the first washout inspection, the Company will clean the interior of the Tank and perform a condition assessment on the Tank (hereinafter “Washout Inspection”); however, draining the tank for the Washout Inspection is the Owner’s responsibility . During each Washout Inspection, the Company will apply an NSF 60 approved chemical cleaning agent to the interior walls and floor surfaces of the Tank to treat mineral build- up and bio- film that form on the interior tank surfaces.
After a Washout Inspection is completed, the interior of the Tank will be thoroughly inspected and disinfected prior to returning the Tank to service; however, the Owner is responsible for draining and filling the
Tank and conducting any requi red testing of the w ater before returning the Tank to service.
d. When interior or exterior painting of the Tank is performed, all products and procedures as to coating systems will be equal to or exceed the requirements of the State of California and the American Water Work s Association’s D102 standard in effect as of the Effective Date. e. The Company will install a lock on the roof hatch of the Tank; however, the provision of such lock does not guarantee the Tank’s security during the term of the SOW26 . For the avoidance of doubt, security of the Tank and the site where the Tank is located (hereinafter, “Tank Site”) are the responsibility of the Owner.
f. When the Tank is taken out of service, the Company will furnish pressure relief valves, if requested by the Owner, s o that the Owner can install the valves in its water system while the Tank is being serviced.
The Owner assumes all risk and liability for the installation and use of the pressure relief valves.
g. The Company will furnish the Owner w ith current certific ates of insurance, which will summarize the Company’s insurance coverage.
4. Price/Annual Fees. For the performance of the Services , which are described in Section 3, on the Tank, the Owner shall pay the Company an Annual Fee (hereinafter, “Annual Fee”) for each Contract Year of SOW26 . The Annual Fees for each Contract Year are set forth on A ttachment 1 to this Exhibit A -26, which is attached hereto and incorporated herein by reference. For the avoidance of doubt, the Annual Fees for all of the Owner’s water storage t anks are set forth on Attachment 1, and each line of Attachment 1 sets forth the Annual Fees for the applicable Tank during Contract Years 1-
10. For illustrative purposes, the Annual Fee for the Tank subject to this SOW26 in Contract Year 1 is $11,357.00, the Annual Fee for the Tank subject to this SOW26 in Contract Year 10 is $462,926.00; however, all ten (10) Annual Fees are set forth on the applicable row in Attachment 1. Furthermore, all applicable sales and/or use taxes are the responsibility of the Owner and are in a ddition to the stated Annual Fees in Attachment 1.
5. Payment Terms. The Annual Fee for Contract Year 1, plus all applicable taxes, shall be due and payable within ninety (90) days of the Owner’s execution of the SOW26. Each subsequent Annual Fee, plus al l applicable taxes, shall be due and payable on the first day of each Contract Year thereafter. If the Annual Fee, plus all applicable taxes, are not paid within ninety (90) days of the date of invoic e, the Company may charge the Owner a late fee on unpaid balances and may also terminate or suspend Services under this SOW26 without notice. The late fee will be 1.5% per month.
6. Changes or Delays to Services. For purposes of this Section 6 , “Unreasonable Delay” shall mean the Owner’s delay in releasing the Tank or making the Tank available to the Company for the performance of any of the Services described herein for a period of twelve (12) months following the Company’s written request for release or access to the Tank. In the event of Unreasonable Delay, the Company reserves the right to recover its reasonable costs related to the Unreasonable Delay , and the Owner agrees to negotiate with the Company in good faith to determine the amount of its reasonable costs caused by such Unreasonable Delay . Furthermore, modifications to the schedule of work set forth in Section 3 can significantly impact the Company’s costs; therefore, modifications must be mutually agreed to by the Parties, and the
Company reserves the right to renegotiate the Annual Fees in the event that the schedule of work is modified. Also, the Owner hereby agrees that the Company can replace a Washout Inspection of the Tank with a visual inspection, remotely operated vehicle inspection (“ROV Inspection”), or unmanned aerial vehicle inspection (“UAV Inspection”) without requiring the modification of this SOW26.
7. Structure of Tank and Tank Site Conditions. The Company is accepting this Tank to maintain pursuant to the requirements of this SOW26 based upon its existing structure and components as of the Effective Date (defined hereinafter) . Any modifications to the Tank, including antenna installations, shall be approved by the Company, prior to installation and may warrant an increase in the Annual Fees. In addition, changes in the condition of the Tank Site and/or any adjoining properties (e.g., construction of a mall next to the Tank Site which significantly increases the risk of overspray claims, etc.) following the Effective Dat e, which cause an increase in the cost of the maintenanc e of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW26.
8. Environmental, Health, Safety, Labor, or Industry Requirements. a. The Owner hereby agrees that the promulgation of, enactment of, or modification to any environmental, health, safety, or labor laws, regulations, orders, or ordinances (e.g., EPA or OSHA regulations or standards) following the Effective Date of this SOW26 , which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW26. Furthermore, modifications to industry requirement(s) including, but not limited to, standard(s) or other guidance documents issued by the American Water Works Association, National Sanitary Foundation, and the Association for Materials Protection and Performance, which cause an increase in the cost of the maintenance of the Tank, will be just cause for an equitable adjustment of the Annual Fees in this SOW26 . Said equitable adjustment of the Annual Fees in this SOW26 will reasonably reflect the inc reased cost of the Services with newly negotiated Annual Fee(s).
b. The work performed under this SOW26 is subject to prevailing wages, and the workers who are performing work under this SOW26 are to be paid no less than the prevailing hourly rate of wages as set by the appropriate authority. Any future work performed by workers under this SOW26 will be subject to the wage determination of the appropriate authority which is in effect when the work is performed. However, the Owner and the Company hereby agree that if the prevailing wage rates for any job or trade classification increases by m ore than 5% per annum from the Effective Date of thi s SOW26 to the date in which any future work is to be performed under this SOW26 , then the Company reserves the right to re-negotiate the Annual Fee(s) with the Owner. If the Company and the Owner cannot agree on an equitable adjustment to the Annual Fee( s), then:
(1) the Company will not be obligated to perf orm the work and (2) the Company will not be obligated to return past Annual Fee(s) received by the Company.
9. Excluded Items. This SOW26 does NOT include the cost for and/or liability on the part of the Company for: (i) containment of the Tank at any time during the term of the SOW26; (ii) disposal of any hazardous waste materials; (iii) resolution of operational problems or structural damage due to cold weather; (iv) repair of structural damage due to antenna installations or other attachments for which the Tank was not originally designed; (v) resolution of operational problems or repair of structural damage or site
damage caused by physical conditions below the surface of the ground; (vi) negligent acts of Owner’s employees, agents or contractors ; (vii) damages, whether foreseen or unforeseen, caused by the Owner’s use of pressure relief valves; (viii) repairs to the foundation of the Tank; (ix) any latent defects or inaccessible areas of the Tank or its components (including, but not limited to, (a) corrosion from the underside of the floor plates, and (b) inaccessible areas of the Tank such as the area between the bottom of the roof plate and the top of the roof rafter); (x) the maintenance, repair or replacement of any electrical components (to include any lighting, such as aviation lights); (xi) the maintenance, repair or replacement of fill lines, insulation, and/or frost jackets; (xii) the maintenance, repair, or replacement of piping of any kind below ground level; (xiii) other conditions which are beyond the Owner’s and Company’s control, including, but not limited to: acts of God and acts of terrorism. Acts of God include, but are not limited to, any damage to the Tank or Tank Site w hich is caused by seismic activity, hurricanes, and/or t ornadoes. Acts of terrorism include, but are not limited to, any damage to the Tank or Tank Site which results from an unauthorized entry of any kind to the Tank or Tank Site; and (xiv) painting or repairs to the concrete.
10.Termination. This SOW26 is subject to termination by the Owner only at the end of the then-current Contract Year if written notice of intent to terminate is received by the Company at least sixty (60) days prior to the first day of the upcoming Contract Year. If the notice of intent to terminate is not received at least sixty (60) days prior to the first day of the upcoming Contract Year, this SOW26 shall renew for an additional Contract Year and expire at the end of the upcoming Contract Year. In such an event, the Owner agrees that it shall be responsible to pay the Annual Fee for the upcoming Contract Year.
The notice of intent to terminate must be sent by certified mail, with return receipt requested, to Utility Service Co., Inc., Attention: Customer Service, Post Office Box 1350, Perry, Georgia 31069, and signed by the General Manager. Notice of intent to terminate cannot be delivered electronically or verbally (e.g., email, text, phone call, etc.).
The Owner acknowledges and agrees that the Company has advanced Services to the Owner, and the Company has not received full payment for the Services previously performed. Therefore, if the Owner elects to terminate this SOW26 prior to remitting the first ten (10) Annual Fees, then the applicable fees in Attachment 2 – Schedule of Cancellation Fees shall be due and payable within thirty (30) days of the Company’s receipt of the Owner’s Notice to Terminate. Attachment 2 is attached to this Exhibit A-26 and incorporated herein by reference.
11. Warranty on Labor and Materials Following Renovation of Tank. During the 10 - year term of this SOW26 (hereinafter, “Warranty Period”), the Company warrants to the Owner that the Services are free from defects in materials and workm anship under normal and proper use within the Warranty Period (hereinafter, “Covered Defect”). If a defect in material and/or workmanship is identified by Owner during the Warranty Period, then Owner shall promptly notify the Company of the nature of the defe ct in writing. The Company will also perform inspections of the Tank during the term of this SOW26, and the Company will give n otice of defects to the Owner if it identifies any during its inspections of the Tank. Following the receipt of s uch notice, the Company shall inspect the work to determine if a Covered Defect exis ts. The Company ’s inspection shall be performed on a date that is mutually agreeable to the Owner and the Company . If a Covered Def ect exists, the Company ’s liability shall be disch arged by the Company providing the labor and materials to re- work or re -line any part or parts of the work product produced during t he applicable renovation of the Tank . For the avoidance of doubt and notwithstanding the foregoing, the Owner hereby agrees that the warranty
provided in this Section 11: (i) only applies to work performed on the Tank by the Company, and (ii) does not commence during the Warranty Period until the Company performs an interior renovation or exterior renovation on the Tank. Once the Tank is renovated pursuant to the schedule of work in Section 3, the warranty will apply to the renovation work performed by the Company from the time the renovation project is completed until the end of the 10- year Warranty Period. However, the Company does agree to perform touch -up paint work on the Tank prior to the performance of a scheduled renovation, but any such touch -up paint work shall be limited to no more than 500 square feet. For the avoidance of doubt, all warranties on any renovation work performed by the Company during the term of this SOW26 will terminate at the end of the 10-year term of this SOW26. The Company will not warranty any work beyond the 10 - year term of this SOW26, unless the Parties mutually agree to an extension of the term of this SOW26 prior to its expiration.
12. Visual Inspection Disclaimer. This SOW26 is based upon a visual inspection of the Tank. The Owner and the Company hereby acknowledge and agree that a visual inspection is intended to assess the condition of the Tank for all patent defects. If latent defects are identified once the Tank has been drained and is made available to the Company, the Owner agrees and acknowledges that the Company shall not be responsible to repair the latent defects unless the O wner and the Company re -negotiate the Annual Fees. The definition of a “latent defect” shall be any defect of the Tank which is not easily discovered (e.g., corrosion of the floor plates, corrosion of the roof plates or rafters, corrosion in areas inaccessible to maintain, damage to the roof of the Tank which is not clearly discoverable during the visual inspection, etc.).
13. Excessive Inflation. In the event that the aggregate of the Annual Inflation Rates (defined herein below) established for two (2) consecutive calendar years during the term of this SOW11 exceeds 6% in total (either upwards or downwards) , the O wner and the Company agree to renegotiate the Annual Fees and adjust the Annual Fees throughout the remaining term of this SOW26 to either compensate the Company for the excessive inflation or to reduce future costs for the Owner . For purposes of this provision, the Annual Inflation Rate for each cale ndar year shall be established by the Engineering News Report – Construction Cost Index (“ENR -CCI”). In the event that the ENR -CCI index is discontinued, the Owner and the Company will negotiate and agree to an alternative index or methodology to addres s the excessive inflation. For illustrative purposes, if SOW 26 is executed in 2022, the first equitable adjustment could not be made until both the 2023 inflation rate and the 2024 inflation rate have been established.
If the Annual Inflation R ates for 2023 and 2024 are 2.0% and 4.1%, respectively, the Owner and the Company agree to renegotiate the curr ent year’s Annual Fee as well as the remaining Annual Fees for the remainder of the term of SOW26 to address the excessive inflation.
____________________________________________________________________________
SIGNATURE PAGE TO FOLLOW.
____________________________________________________________________________
The SOW26 is executed and effective as of the date last signed by the parties below.
OWNER COMPANY
Victorville Water District Utility Service Co., Inc.
By: By:
Name: Name: Karine Rouge
Title: Title: President
Date: Date:
ATTACHMENT 1
Annual Fees/Invoicing
ATTACHMENT 2
Schedule of Cancellation Fees
Attachment B
Tank Condition Assessment Summary
City of Victorville Rehabilitation and Replacement Plan 2021 Water
Master
Plan
Update
7-24
Table 7-17. Reservoir Condition Assessment Summary
Number
TANK
102
TANK
104
TANK
105
TANK
107
TANK
108
TANK
109
TANK
110
TANK
111
TANK
112
TANK
113
TANK
114
TANK
115
TANK
116
TANK
117
TANK
118
TANK
119
TANK
120
TANK
121
TANK
201
TANK
202
TANK
205
TANK
207
TANK
208
TANK
209
TANK
210
Roof Coating 8 1 6.5 1.5 5.5 8 5 7 6 0 2 1 5 8.5 8 4.5 2.5 8.5 5 4.5 1 2 5 5.5 1 Roof Structure 9 7.5 8 8 5 4.5 6.5 8 7 5 7 6.5 8 9 8 7 8 8.5 7 8 4.5 5 1 4 6.5 Roof Vent 8.5 7.5 8 4 5 8 8 8 8 7 7 6 5.5 6.5 7 7 4 8.5 6.5 6.5 6 5 4 2 3 Roof Access &
Safety 7 5 8 5 6 8 8 8 7.5 7 3 5.5 6.5 6.5 7 5 5 8 6 8 5.5 4.5 6.5 7 7 Ext. Shell Coating 5 3.5 7.5 3.5 5.5 7 3.5 3.5 8 1 7.5 4.5 8 5 5 8 8 8.5 5 6.5 1 5 5.5 6.5 7 Ext. Shell
Structure 9 7 7.5 7 8 8 5 8 8 5 8 8 8 7 7.5 8 8 9 7 8 8 7 3 6 7 Foundation 8.5 8.5 6 8 8 8 8 2.5 6.5 8 6 8 8 7 8 8 8 9 7 8 6.5 8 6.5 4.5 8 Shell Access 3.5 5.5 6 4.5 4.5 8 7 8 7 4.5 7 7 6.5 5 5 3.5 8 9 7.5 8 4.5 4.5 4.5 5 7.5 Shell Safety 8.5 7 8 7 7 8 8 7 7 8 5 4.5 8 7.5 5.5 5.5 8 5.5 5 6.5 6.5 7.5 7 7 8 Overflow 5 3 5 4.5 3 5 3.5 4.5 8 8 7.5 7 8 8 7 5.5 5 6 5.5 6.5 7 4 7 4.5 8 Int. Roof Coating 4 2 5.5 3.5 3.5 5 2.5 5 5 6.5 5.5 6.5 6 5.5 4.5 7 8 7.5 2.5 4 6.5 1 1 1 8 Int. Roof
Structure 7.5 7.5 8 7 6.5 7 4.5 7 7 8 7.5 8 7 8 7 7 8 8 7 7.5 4.5 4.5 1 2.5 8 Int. Shell & Floor
Coat 3.5 2.3 6 6.5 2 5 7 8 4.8 8 3 6.5 2 5 5.5 5 6.5 7.5 1 1 5.5 1 7 1 8 Int. Shell & Floor
Structure 6.5 7.5 7 8 6 4.5 8 8 7 8 7 8 7 5 5.5 7 6.5 7.5 2 7 6.5 5 7 6 8 Int. Shell Safety 7 5.5 8 7 5 8 2 5 3 5 5.5 3 8 7 7 7 7 8 7 7 2 3 3 6 7.5 Water Quality 6.5 4.8 5.5 2.5 5.5 2 6 7 3 7 6 8 7 7.5 8 2.5 4.5 3 0 6.5 7 5 7.5 6 8 Overall Average 6.69 5.32 6.91 5.47 5.38 6.50 5.78 6.53 6.43 6.00 5.91 6.13 6.78 6.75 6.59 6.09 6.56 7.63 5.06 6.47 5.16 4.50 4.78 4.66 6.91 Overall Coating
Score 5.13 2.20 6.38 3.75 4.13 6.25 4.50 5.88 5.95 3.88 4.50 4.63 5.25 6.00 5.75 6.13 6.25 8.00 3.38 4.00 3.50 2.25 4.63 3.50 6.00 Overall Structure
Score 8.00 7.38 7.63 7.50 6.38 6.00 6.00 7.75 7.25 6.50 7.38 7.63 7.50 7.25 7.00 7.25 7.63 8.25 5.75 7.63 5.88 5.38 3.00 4.63 7.38 The Tank Assessment Index is as follows:
9 – 10 Very Good
7 – 8.9 Good
5 – 6.9 Satisfactory
3 – 4.9 Sub Standard
0 – 2.9 Unacceptable
Attachment C
Proposed Tank Maintenance Schedule
Victorville Water District Tanks Anticipated Schedule
USCI Tank Maintenance Program
2023 2024 2025 2026 2027 2028 2029 2030 2031 2032
Tank Size Diameter Height Year 1Y e a r 2Y e a r 3Y e a r 4Y e a r 5Y e a r 6Y e a r 7Y e a r 8Y e a r 9Y e a r 10 TANK 102 1.5 95 32 Visual Inspections Washout Visual Inspections Exterior Overcoat Visual Inspections ROV Interior Visual Inspections Washout Visual Inspections TANK 104 1.5 95 32 Visual Inspections Interior &
Exterior Blast Visual Inspections ROV Visual Inspections Washout Visual Inspections ROV Visual Inspections Washout TANK 105 2 104 32 Visual Inspections Exterior Overcoat Visual Inspections ROV Visual Inspections Interior Visual Inspections ROV Visual Inspections Washout TANK 107 2.5 105 40
Ext Overcoat &
Interior TU Visual Inspections ROV Interior Visual Inspections Washout Visual Inspections ROV Visual Inspections Washout TANK 108 2.5 104 40 Washout Visual Inspections Exterior Overcot & Interior Visual Inspections ROV Visual Inspections Washout Visual Inspections ROV Visual Inspections TANK 109 0.5 60 24 Visual Inspections ROV Visual Inspections Washout Visual Inspections ROV Visual Inspections Exterior Overcoat Visual Inspections Interior TANK 110 2.5 110 39 Visual Inspections ROV Visual Inspections Exterior Overcoat & Interior Visual Inspections Washout Visual Inspections ROV Visual Inspections Washout TANK 111 2.5 104 39 ROV Visual Inspections Washout Visual Inspections ROV Visual Inspections Exterior Overcoat Visual Inspections Visual Inspections Interior TANK 112 5 150 38 ROV Visual Inspections Exterior Overcoat Visual Inspections ROV Visual Inspections Washout Visual Inspections Interior Visual Inspections TANK 113 3 129 31
Exterior Overcoat
& Interior TU Visual Inspections ROV Visual Inspections Washout Visual Inspections Interior Visual Inspections ROV Visual Inspections TANK 114 5 150 38 Visual Inspections Exterior Overcoat Visual Inspections ROV Interior Visual Inspections Washout Visual Inspections ROV Visual Inspections TANK 115 5 165 31 Washout Visual Inspections ROV Visual Inspections Exterior Blast Visual Inspections Washout Visual Inspections ROV Interior TANK 116 5 150 39 Visual Inspections ROV Visual Inspections Exterior Overcoat Visual Inspections ROV Interior Visual Inspections Washout Visual Inspections TANK 117 2.5 104 39 Washout Visual Inspections ROV Visual Inspections Visual Inspections Exterior Overcoat Visual Inspections ROV Interior Visual Inspections TANK 118 3 129 31 Visual Inspections Washout Visual Inspections ROV Visual Inspections Exterior Overcoat & Interior Visual Inspections ROV Visual Inspections Washout TANK 119 5 165 31 Visual Inspections ROV Visual Inspections Washout Visual Inspections ROV Visual Inspections Exterior Blast & Interior Visual Inspections ROV
TANK 120 5 182 27 Washout Visual Inspections ROV Visual Inspections Exterior Roof Blast & Shell Visual Inspections Visual Inspections Interior Visual Inspections ROV TANK 121 5 60 24 Washout Visual Inspections ROV Visual Inspections Washout Visual Inspections ROV Visual Inspections Exterior Overcoat & Interior Visual Inspections
TANK 201 2 105 31 Visual Inspections Visual Inspections Visual Inspections Visual Inspections Visual Inspections Visual Inspections Visual Inspections Visual Inspections Visual Inspections Visual Inspections TANK 202 2 105 31 ROV Visual Inspections Exterior Overcot & Interior Visual Inspections ROV Visual Inspections Washout Visual Inspections ROV Washout TANK 205 0.5 60 24 ROV Visual Inspections Exterior Blast Visual Inspections Visual Inspections Washout Visual Inspections Interior Visual Inspections ROV TANK 207 2.7 120 33 Visual Inspections Exterior Overcot & Interior Visual Inspections ROV Visual Inspections Washout Visual Inspections ROV Visual Inspections Washout TANK 208 3 120 38
**Exterior
Overcot & Interior Visual Inspections ROV Visual Inspections Washout Visual Inspections ROV Visual Inspections Washout Visual Inspections TANK 209 2 96 38
*Exterior Overcot
& Interior Visual Inspections ROV Visual Inspections Washout Visual Inspections ROV Visual Inspections Washout Visual Inspections TANK 210 2 122 24 Visual Inspections Washout Visual Inspections ROV Exterior Overcoat Visual Inspections Washout Visual Inspections ROV Interior ROW Tank 1 122 24 Washout Visual Inspections ROV Visual Inspections Washout Visual Inspections ROV Visual Inspections Visual Inspections Exterior Overcot & Interior
ROV’s occur every 2 years and washouts every 4 based upon renovation schedule * Possible beam replacements
Attachment D
2021 Condition Assessment Reports
2021 CONDITION ASSESSMENT
11/29/2022
1 Tank 102
Client Contact:
Arnold Villarreal
14343 Civic Drive
Victorville, CA 92393
Inspection Date: September 29, 2021
Inspected By: Brad Winkeler
PROJECT INTENT AND RESULTS
2 Suez - Utility Service Co., Inc. conducted an inspection of the clarifier to evaluate and provide information regarding the overall condition of the clarifier
During the inspection, the following scope of work was performed:
Visual
Inspection of the tank interior and exterior accessible without rigging, to include appurtenances.
A
summary of the inspection results, including photographs, videos, and recommendations outlining the urgency for any items we feel require addition attention to maintain and preserve the Structure.
Results SANITARY: Results SAFETY AND SECURITY: Results COATING: Results STRUCTURE:
Access Hatches, Manways,
or Doors
Fences, Gates, Guards, or
Vandalism
Ladders, Platforms
,
Handrails, or Stairs
Lighting or Alarm Systems
Exterior
Water Chamber
Dry Interior
Roof
Shell
Supporting Members
Appurtenances
Anchors and Foundation
Vent
Leaks, Holes, or Points of
Intrusion
Water Quality
Overflow
=
=
=
=
Legend and Methodology
Short-term Maintenance and
Repair/Replacement
Intermediate-term Maintenance and
Repair/Replacement
Long-term Maintenance and
Repair/Replacement
Satisfactory - Next Inspection
Recommended in 12 months
Substandard - Maintenance or
Renovation is Recommended for
Scheduling at Earliest Opportunity
Standard - Maintenance or
Renovation Work is
Recommended to be in
Planning Stage
Not Applicable N/A - Component not Present
or Criteria Inapplicable
0 1
2 3
4 5
6 Site Exterior Coating Interior Coating Safety Sanitary Security Tank 102
City of Victorville, CA
Site Exterior Coating
Interior Coating Safety
Sanitary Security
Inspection summary
3 HIGH RISK
RISK
MITIGATION
LOW RISK
Satisfactory:
Next Inspection
Recommended in 12
months
Standard:
Maintenance or
Renovation Work is
Recommended to be
in Planning Stage
Substandard:
Maintenance or
Renovation is
Recommended for
Scheduling at Earliest
Opportunity
Exterior Sidewall
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Sidewall and Coating Defect
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Coating Defect and Tank Foundation
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Sample Tap and Float Level Indicator
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Manway and Inlet/Outlet Pipe
SANITARY:
SAFETY AND SECURITY: Only one manway installed
COATINGS AND CORROSION:
STRUCTURE:
Overflow Termination and Exterior Ladder
SANITARY:
SAFETY AND SECURITY: No safety climb installed
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Antenna and Roof Vent
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Vent Screen and Roof Vent
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Vent Screen and Roof Vent
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Vent Screen and Roof Vent
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Vent Screen and Roof Vent
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Vent Screen and Roof Vent
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Hatch and Interior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Ceiling and Rafters
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Sidewall and Floor
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Recommendations
Interior Rehabilitation
SP10 Near White Blast
Full Prime
Intermediate Stripe Coat
Full Finish Coat
Exterior Rehabilitation
SP2/SP3 Hand and Power Tool
Spot Prime
Full Intermediate Coat
Full Finish Coat
Repairs Updates
Grade and level foundation gravel to fully cover the base of the tank Coat steel ring containing gravel foundation
Install a collection funnel on the drain side of the overflow pipe and install a flanged screen with flapper valve at the ter mination point Install an additional 30” manway located 180° from existing 24” manway Install a flex cable safety climb on the exterior ladder Replace float system cables, new gauge tape and paint target Replace non-freeze proof vent with a 42” aluminum vent Relocate coax and electrical conduit to provide at least 8” clearance to roof surface Relocate hatch away from ladder opening
20 THANK YOU
2021 CONDITION ASSESSMENT
11/29/2022
1 Tank 104
Client Contact:
Arnold Villarreal
14343 Civic Drive
Victorville, CA 92393
Inspection Date: September 29, 2021
Inspected By: Brad Winkeler
PROJECT INTENT AND RESULTS
2 Suez - Utility Service Co., Inc. conducted an inspection of the clarifier to evaluate and provide information regarding the overall condition of the clarifier
During the inspection, the following scope of work was performed:
Visual
Inspection of the tank interior and exterior accessible without rigging, to include appurtenances.
A
summary of the inspection results, including photographs, videos, and recommendations outlining the urgency for any items we feel require addition attention to maintain and preserve the Structure.
Results SANITARY: Results SAFETY AND SECURITY: Results COATING: Results STRUCTURE:
Access Hatches, Manways,
or Doors
Fences, Gates, Guards, or
Vandalism
Ladders, Platforms
,
Handrails, or Stairs
Lighting or Alarm Systems
Exterior
Water Chamber
Dry Interior
Roof
Shell
Supporting Members
Appurtenances
Anchors and Foundation
Vent
Leaks, Holes, or Points of
Intrusion
Water Quality
Overflow
=
=
=
=
Legend and Methodology
Short-term Maintenance and
Repair/Replacement
Intermediate-term Maintenance and
Repair/Replacement
Long-term Maintenance and
Repair/Replacement
Satisfactory - Next Inspection
Recommended in 12 months
Substandard - Maintenance or
Renovation is Recommended for
Scheduling at Earliest Opportunity
Standard - Maintenance or
Renovation Work is
Recommended to be in
Planning Stage
Not Applicable N/A - Component not Present
or Criteria Inapplicable
0 1
2 3
4 5
6 Site Exterior Coating Interior Coating Safety Sanitary Security Tank 104
City of Victorville, CA
Site Exterior Coating
Interior Coating Safety
Sanitary Security
Inspection summary
3 HIGH RISK
RISK
MITIGATION
LOW RISK
Satisfactory:
Next Inspection
Recommended in 12
months
Standard:
Maintenance or
Renovation Work is
Recommended to be
in Planning Stage
Substandard:
Maintenance or
Renovation is
Recommended for
Scheduling at Earliest
Opportunity
Exterior Sidewall and Coating Defects
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Sidewall and Coating Defects
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Tank Foundation and Overflow
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Inlet/Outlet Pipe and Damaged Fence
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Float Level Indicator and Manway
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Antenna and Conduit
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Vent
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Hatch and Interior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Ceiling and Rafters
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Sidewall and Ceiling
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Recommendations
Interior Rehabilitation
SP10 Near White Blast
Full Prime
Intermediate Stripe Coat
Full Finish Coat
Degrease Prior to Abrasive Blasting
Exterior Rehabilitation
SP6 Commercial Blast
Full Prime
Full Intermediate Coat
Full Finish Coat
Repairs Updates
Grade and level foundation gravel and paint steel ring containing foundation Install a collection funnel on the drain side of the overflow pipe and install a flanged screen with flapper valve at the ter mination point Install an additional 30” manway 180° from existing 24” manway Lubricate float system pulleys and replace cables
Replace existing vent with AWWA compliant aluminum vent Relocate coax and electrical conduit to provide at least 8” clearance to roof surface Replace roof hatch and position away from existing ladder Install flex cable safety climb on new exterior ladder Recoat inlet/outlet pipe with 3 coats and SP3 surface preparation Client should repair site perimeter fence for security purposes 16 THANK YOU
2021 CONDITION ASSESSMENT
11/29/2022
1 Tank 105
Client Contact:
Arnold Villarreal
14343 Civic Drive
Victorville, CA 92393
Inspection Date: September 28, 2021
Inspected By: Bryan Morrow
PROJECT INTENT AND RESULTS
2 Suez - Utility Service Co., Inc. conducted an inspection of the clarifier to evaluate and provide information regarding the overall condition of the clarifier
During the inspection, the following scope of work was performed:
Visual
Inspection of the tank interior and exterior accessible without rigging, to include appurtenances.
A
summary of the inspection results, including photographs, videos, and recommendations outlining the urgency for any items we feel require addition attention to maintain and preserve the Structure.
Results SANITARY: Results SAFETY AND SECURITY: Results COATING: Results STRUCTURE:
Access Hatches, Manways,
or Doors
Fences, Gates, Guards, or
Vandalism
Ladders, Platforms
,
Handrails, or Stairs
Lighting or Alarm Systems
Exterior
Water Chamber
Dry Interior
Roof
Shell
Supporting Members
Appurtenances
Anchors and Foundation
Vent
Leaks, Holes, or Points of
Intrusion
Water Quality
Overflow
=
=
=
=
Legend and Methodology
Short-term Maintenance and
Repair/Replacement
Intermediate-term Maintenance and
Repair/Replacement
Long-term Maintenance and
Repair/Replacement
Satisfactory - Next Inspection
Recommended in 12 months
Substandard - Maintenance or
Renovation is Recommended for
Scheduling at Earliest Opportunity
Standard - Maintenance or
Renovation Work is
Recommended to be in
Planning Stage
Not Applicable N/A - Component not Present
or Criteria Inapplicable
0 1
2 3
4 5
6 Site Exterior Coating Interior Coating Safety Sanitary Security Tank 105
City of Victorville, CA
Site Exterior Coating
Interior Coating Safety
Sanitary Security
Inspection summary
3 HIGH RISK
RISK
MITIGATION
LOW RISK
Satisfactory:
Next Inspection
Recommended in 12
months
Standard:
Maintenance or
Renovation Work is
Recommended to be
in Planning Stage
Substandard:
Maintenance or
Renovation is
Recommended for
Scheduling at Earliest
Opportunity
Exterior Sidewall
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Sidewall and Foundation
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE: Foundation gravel should completely cover base plate Exterior Sidewall and Coating Defects
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Manway
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Overflow and Inlet/Outlet Piping
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Ladder and Ladder Gate
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Sample Tap and Float Level Indicator
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE: Float cable is frozen in place and cannot move Exterior Roof and Coating Defect
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof and Coating Defect
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Hatch
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Vent
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Sidewall and Ceiling Rafters
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Floor and Ceiling
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Recommendations
Interior Rehabilitation
Spot Repairs During Initial Washout
SP10 Near White Blast
Full Prime
Intermediate Stripe Coat
100% Solids Epoxy Full Interior Finish Coat
Exterior Rehabilitation
SP2/SP3 Hand and Power Tool
Spot Prime
Full Intermediate Coat
Full Finish Coat
Repairs Updates
Grade and level foundation gravel to fully cover the base of the tank Remove float system or replace all of the float system’s cables and pulleys Install a collection funnel on the drain side of the overflow pipe and install a flanged screen at the termination point Install a flex cable safety climb on the exterior ladder Replace existing drop-down ladder gate with ladder gate more conducive to safe operations Replace manway gasket and improper length bolts
Install a second manway located 180° from existing manway Replacing existing roof vent with aluminum vent
Replace roof hatch with AWWA compliant hatch
17 THANK YOU
2021 CONDITION ASSESSMENT
11/29/2022
1 Tank 107
Client Contact:
Arnold Villarreal
14343 Civic Drive
Victorville, CA 92393
Inspection Date: September 28, 2021
Inspected By: Brad Winkeler
PROJECT INTENT AND RESULTS
2 Suez - Utility Service Co., Inc. conducted an inspection of the clarifier to evaluate and provide information regarding the overall condition of the clarifier
During the inspection, the following scope of work was performed:
Visual
Inspection of the tank interior and exterior accessible without rigging, to include appurtenances.
A
summary of the inspection results, including photographs, videos, and recommendations outlining the urgency for any items we feel require addition attention to maintain and preserve the Structure.
Results SANITARY: Results SAFETY AND SECURITY: Results COATING: Results STRUCTURE:
Access Hatches, Manways,
or Doors
Fences, Gates, Guards, or
Vandalism
Ladders, Platforms
,
Handrails, or Stairs
Lighting or Alarm Systems
Exterior
Water Chamber
Dry Interior
Roof
Shell
Supporting Members
Appurtenances
Anchors and Foundation
Vent
Leaks, Holes, or Points of
Intrusion
Water Quality
Overflow
=
=
=
=
Legend and Methodology
Short-term Maintenance and
Repair/Replacement
Intermediate-term Maintenance and
Repair/Replacement
Long-term Maintenance and
Repair/Replacement
Satisfactory - Next Inspection
Recommended in 12 months
Substandard - Maintenance or
Renovation is Recommended for
Scheduling at Earliest Opportunity
Standard - Maintenance or
Renovation Work is
Recommended to be in
Planning Stage
Not Applicable N/A - Component not Present
or Criteria Inapplicable
0 1
2 3
4 5
6 Site Exterior Coating Interior Coating Safety Sanitary Security Tank 107
City of Victorville, CA
Site Exterior Coating
Interior Coating Safety
Sanitary Security
Inspection summary
3 HIGH RISK
RISK
MITIGATION
LOW RISK
Satisfactory:
Next Inspection
Recommended in 12
months
Standard:
Maintenance or
Renovation Work is
Recommended to be
in Planning Stage
Substandard:
Maintenance or
Renovation is
Recommended for
Scheduling at Earliest
Opportunity
Exterior Sidewall
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Sidewall Coating Defects
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Tank Foundation
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Overflow and Inlet/Outlet Pipe
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Manway and Sample Tap
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Vent and Screen
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Vent and Screen
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Vent and Screen
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Vent and Screen
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Vent and Screen
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Vent and Screen
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Vent and Screen
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Vent and Screen
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Vent and Screen
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof and Coating Defect
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Hatch
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Ladder and Ceiling Rafters
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Sidewall and Float Device
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Recommendations
Interior Rehabilitation
SP10 Near White Blast
Full Prime Coat
Full Intermediate Coat
100% Solids Epoxy Full Interior Finish Coat
Exterior Rehabilitation
SP2/SP3 Hand and Power Tool
Spot Prime
Full Intermediate Coat
Full Finish Coat
Repairs Updates
Remove vegetation and backfill gravel
Paint grade band surrounding gravel foundation
Replace float level indicator
Install a collection funnel on the drain side of the overflow pipe and install a flanged screen at the termination point Install a flex cable safety climb on the exterior ladder Replace existing drop-down ladder gate with ladder gate more conducive to safe operations Replace vent screens on all existing roof vents
Install a new shell manway 180° from the existing manway Relocate hatch away from ladder opening
24 THANK YOU
2021 CONDITION ASSESSMENT
11/29/2022
1 Tank 108
Client Contact:
Arnold Villarreal
14343 Civic Drive
Victorville, CA 92393
Inspection Date: September 28, 2021
Inspected By: Brad Winkeler
PROJECT INTENT AND RESULTS
2 Suez - Utility Service Co., Inc. conducted an inspection of the clarifier to evaluate and provide information regarding the overall condition of the clarifier
During the inspection, the following scope of work was performed:
Visual
Inspection of the tank interior and exterior accessible without rigging, to include appurtenances.
A
summary of the inspection results, including photographs, videos, and recommendations outlining the urgency for any items we feel require addition attention to maintain and preserve the Structure.
Results SANITARY: Results SAFETY AND SECURITY: Results COATING: Results STRUCTURE:
Access Hatches, Manways,
or Doors
Fences, Gates, Guards, or
Vandalism
Ladders, Platforms
,
Handrails, or Stairs
Lighting or Alarm Systems
Exterior
Water Chamber
Dry Interior
Roof
Shell
Supporting Members
Appurtenances
Anchors and Foundation
Vent
Leaks, Holes, or Points of
Intrusion
Water Quality
Overflow
=
=
=
=
Legend and Methodology
Short-term Maintenance and
Repair/Replacement
Intermediate-term Maintenance and
Repair/Replacement
Long-term Maintenance and
Repair/Replacement
Satisfactory - Next Inspection
Recommended in 12 months
Substandard - Maintenance or
Renovation is Recommended for
Scheduling at Earliest Opportunity
Standard - Maintenance or
Renovation Work is
Recommended to be in
Planning Stage
Not Applicable N/A - Component not Present
or Criteria Inapplicable
0 1
2 3
4 5
6 Site Exterior Coating Interior Coating Safety Sanitary Security Tank 108
City of Victorville, CA
Site Exterior Coating
Interior Coating Safety
Sanitary Security
Inspection summary
3 HIGH RISK
RISK
MITIGATION
LOW RISK
Satisfactory:
Next Inspection
Recommended in 12
months
Standard:
Maintenance or
Renovation Work is
Recommended to be
in Planning Stage
Substandard:
Maintenance or
Renovation is
Recommended for
Scheduling at Earliest
Opportunity
Exterior Sidewall
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Sidewall and Coating Defects
SANITARY: Some holes have corroded through to the tank interior SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Sidewall
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Tank Foundation and Float Level Indicator
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Manway and Inlet/Outlet Pipe
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Overflow Pipe and Exterior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Vent and Vent Screen
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Hatch and Antenna Conduit
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Ladder and Ceiling Rafters
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Ceiling and Coating Defects
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION: Pitting on interior ceiling, sidewalls and floor STRUCTURE:
Recommendations
Interior Rehabilitation
Removal of Coal Tar
SP10 Near White Blast
Full Prime
Primer Stripe Coat
100% Solids Epoxy Full Finish Coat
Exterior Rehabilitation
SP2/SP3 Hand and Power Tool
Spot Prime
Full Intermediate Coat
Full Finish Coat
Repairs Updates
Grade and level foundation gravel
Install a collection funnel on the drain side of the overflow pipe and install a flanged screen with flapper valve at the ter mination point Install an additional 36” bolted manway 180° from existing 24” manway Replace notch rail safety climb with a flex cable safety climb on the exterior ladder Replace existing ladder gate with ladder gate more conducive to safe operations Replace existing roof vent with aluminum vent
Recommend relocating coax and electrical conduit to provide at least 8” clearance to roof surface conducive to maintenance Repair bullet holes in sidewall
Relocate hatch away from ladder opening
15 THANK YOU
2021 CONDITION ASSESSMENT
11/29/2022
1 Tank 110
Client Contact:
Arnold Villarreal
14343 Civic Drive
Victorville, CA 92393
Inspection Date: September 28, 2021
Inspected By: Brad Winkeler
PROJECT INTENT AND RESULTS
2 Suez - Utility Service Co., Inc. conducted an inspection of the clarifier to evaluate and provide information regarding the overall condition of the clarifier
During the inspection, the following scope of work was performed:
Visual
Inspection of the tank interior and exterior accessible without rigging, to include appurtenances.
A
summary of the inspection results, including photographs, videos, and recommendations outlining the urgency for any items we feel require addition attention to maintain and preserve the Structure.
Results SANITARY: Results SAFETY AND SECURITY: Results COATING: Results STRUCTURE:
Access Hatches, Manways,
or Doors
Fences, Gates, Guards, or
Vandalism
Ladders, Platforms
,
Handrails, or Stairs
Lighting or Alarm Systems
Exterior
Water Chamber
Dry Interior
Roof
Shell
Supporting Members
Appurtenances
Anchors and Foundation
Vent
Leaks, Holes, or Points of
Intrusion
Water Quality
Overflow
=
=
=
=
Legend and Methodology
Short-term Maintenance and
Repair/Replacement
Intermediate-term Maintenance and
Repair/Replacement
Long-term Maintenance and
Repair/Replacement
Satisfactory - Next Inspection
Recommended in 12 months
Substandard - Maintenance or
Renovation is Recommended for
Scheduling at Earliest Opportunity
Standard - Maintenance or
Renovation Work is
Recommended to be in
Planning Stage
Not Applicable N/A - Component not Present
or Criteria Inapplicable
0 1
2 3
4 5
6 Site Exterior Coating Interior Coating Safety Sanitary Security Tank 110
City of Victorville, CA
Site Exterior Coating
Interior Coating Safety
Sanitary Security
Inspection summary
3 HIGH RISK
RISK
MITIGATION
LOW RISK
Satisfactory:
Next Inspection
Recommended in 12
months
Standard:
Maintenance or
Renovation Work is
Recommended to be
in Planning Stage
Substandard:
Maintenance or
Renovation is
Recommended for
Scheduling at Earliest
Opportunity
Exterior Sidewall
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Sidewall and Coating Defect
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Tank Foundation and Inlet/Outlet Pipe
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Overflow System
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Manways
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Float Level Indicator and Exterior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Vent and Vent Screen
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Hatch and Interior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Sidewall and Ceiling
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Recommendations
Interior Rehabilitation
SP10 Near White Blast
Full Prime
Intermediate Stripe Coat
100% Solids Epoxy Full Finish Coat
Exterior Rehabilitation
SP2/SP3 Hand and Power Tool
Spot Prime
Full Intermediate Coat
Full Finish Coat
Repairs Updates
Grade and level gravel foundation as needed
Install AWWA approved sample tap
Repair float level indicator
Install a mesh screen/flapper valve combination assembly at the overflow termination point Install a flex cable safety climb on the exterior ladder Replace existing drop-down ladder gate with ladder gate more conducive to safe operations Replace existing roof vent with aluminum vent
Relocate hatch away from ladder opening
14 THANK YOU
2021 CONDITION ASSESSMENT
11/29/2022
1 Tank 111
Client Contact:
Arnold Villarreal
14343 Civic Drive
Victorville, CA 92393
Inspection Date: September 28, 2021
Inspected By: Brad Winkeler
PROJECT INTENT AND RESULTS
2 Suez - Utility Service Co., Inc. conducted an inspection of the clarifier to evaluate and provide information regarding the overall condition of the clarifier
During the inspection, the following scope of work was performed:
Visual
Inspection of the tank interior and exterior accessible without rigging, to include appurtenances.
A
summary of the inspection results, including photographs, videos, and recommendations outlining the urgency for any items we feel require addition attention to maintain and preserve the Structure.
Results SANITARY: Results SAFETY AND SECURITY: Results COATING: Results STRUCTURE:
Access Hatches, Manways,
or Doors
Fences, Gates, Guards, or
Vandalism
Ladders, Platforms
,
Handrails, or Stairs
Lighting or Alarm Systems
Exterior
Water Chamber
Dry Interior
Roof
Shell
Supporting Members
Appurtenances
Anchors and Foundation
Vent
Leaks, Holes, or Points of
Intrusion
Water Quality
Overflow
=
=
=
=
Legend and Methodology
Short-term Maintenance and
Repair/Replacement
Intermediate-term Maintenance and
Repair/Replacement
Long-term Maintenance and
Repair/Replacement
Satisfactory - Next Inspection
Recommended in 12 months
Substandard - Maintenance or
Renovation is Recommended for
Scheduling at Earliest Opportunity
Standard - Maintenance or
Renovation Work is
Recommended to be in
Planning Stage
Not Applicable N/A - Component not Present
or Criteria Inapplicable
0 1
2 3
4 5
6 Site Exterior Coating Interior Coating Safety Sanitary Security Tank 111
City of Victorville, CA
Site Exterior Coating
Interior Coating Safety
Sanitary Security
Inspection summary
3 HIGH RISK
RISK
MITIGATION
LOW RISK
Satisfactory:
Next Inspection
Recommended in 12
months
Standard:
Maintenance or
Renovation Work is
Recommended to be
in Planning Stage
Substandard:
Maintenance or
Renovation is
Recommended for
Scheduling at Earliest
Opportunity
Exterior Sidewall and Coating Defect
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Sidewall Coating Defects
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Tank Foundation and Inlet/Outlet Pipe
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Overflow Pipe
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Overflow Screen and Manway
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Manway and Sample Tap
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Vent and Vent Screen
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Hatch and Interior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Ceiling and Rafters
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Sidewall and Ceiling
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Recommendations
Interior Rehabilitation
Spot Repairs During Initial Washout
SP10 Near White Blast
Full Prime
Intermediate Stripe Coat
100% Solids Epoxy Full Finish Coat
Exterior Rehabilitation
SP2/SP3 Hand and Power Tool
Spot Prime
Full Intermediate Coat
Full Finish Coat
Repairs Updates
Install a mesh screen/flapper valve combination assembly at the overflow termination point Install a flex cable safety climb on the exterior ladder Replace existing roof vent with aluminum vent
Replace lid on existing roof hatch with a hinged hatch lid 16 THANK YOU
2021 CONDITION ASSESSMENT
11/29/2022
1 Tank 112
Client Contact:
Arnold Villarreal
14343 Civic Drive
Victorville, CA 92393
Inspection Date: September 28, 2021
Inspected By: Brad Winkeler
PROJECT INTENT AND RESULTS
2 Suez - Utility Service Co., Inc. conducted an inspection of the clarifier to evaluate and provide information regarding the overall condition of the clarifier
During the inspection, the following scope of work was performed:
Visual
Inspection of the tank interior and exterior accessible without rigging, to include appurtenances.
A
summary of the inspection results, including photographs, videos, and recommendations outlining the urgency for any items we feel require addition attention to maintain and preserve the Structure.
Results SANITARY: Results SAFETY AND SECURITY: Results COATING: Results STRUCTURE:
Access Hatches, Manways,
or Doors
Fences, Gates, Guards, or
Vandalism
Ladders, Platforms
,
Handrails, or Stairs
Lighting or Alarm Systems
Exterior
Water Chamber
Dry Interior
Roof
Shell
Supporting Members
Appurtenances
Anchors and Foundation
Vent
Leaks, Holes, or Points of
Intrusion
Water Quality
Overflow
=
=
=
=
Legend and Methodology
Short-term Maintenance and
Repair/Replacement
Intermediate-term Maintenance and
Repair/Replacement
Long-term Maintenance and
Repair/Replacement
Satisfactory - Next Inspection
Recommended in 12 months
Substandard - Maintenance or
Renovation is Recommended for
Scheduling at Earliest Opportunity
Standard - Maintenance or
Renovation Work is
Recommended to be in
Planning Stage
Not Applicable N/A - Component not Present
or Criteria Inapplicable
0 1
2 3
4 5
6 Site Exterior Coating Interior Coating Safety Sanitary Security Tank 112
City of Victorville, CA
Site Exterior Coating
Interior Coating Safety
Sanitary Security
Inspection summary
3 HIGH RISK
RISK
MITIGATION
LOW RISK
Satisfactory:
Next Inspection
Recommended in 12
months
Standard:
Maintenance or
Renovation Work is
Recommended to be
in Planning Stage
Substandard:
Maintenance or
Renovation is
Recommended for
Scheduling at Earliest
Opportunity
Exterior Sidewall
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Tank Foundation
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Manways
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Overflow
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Inlet/Outlet Pipe and Sample Tap
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof and Coating Defect
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Hatch
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Vent
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Ceiling and Rafters
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Floor
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Recommendations
Interior Rehabilitation
Spot Repairs During Initial Washout
SP10 Near White Blast
Full Prime
Intermediate Stripe Coat
100% Solids Epoxy Full Finish Coat
Exterior Rehabilitation
SP2/SP3 Hand and Power Tool
Spot Prime
Full Intermediate Coat
Full Finish Coat
Repairs Updates
Grade and level foundation gravel to fully cover the base of the tank Repair steel ring containing gravel foundation
Install a mesh screen/flapper valve combination assembly at the overflow termination point Install a flex cable safety climb on the exterior ladder 16 THANK YOU
2021 CONDITION ASSESSMENT
11/29/2022
1 Tank 113
Client Contact:
Arnold Villarreal
14343 Civic Drive
Victorville, CA 92393
Inspection Date: September 28, 2021
Inspected By: Brad Winkeler
PROJECT INTENT AND RESULTS
2 Suez - Utility Service Co., Inc. conducted an inspection of the clarifier to evaluate and provide information regarding the overall condition of the clarifier
During the inspection, the following scope of work was performed:
Visual
Inspection of the tank interior and exterior accessible without rigging, to include appurtenances.
A
summary of the inspection results, including photographs, videos, and recommendations outlining the urgency for any items we feel require addition attention to maintain and preserve the Structure.
Results SANITARY: Results SAFETY AND SECURITY: Results COATING: Results STRUCTURE:
Access Hatches, Manways,
or Doors
Fences, Gates, Guards, or
Vandalism
Ladders, Platforms
,
Handrails, or Stairs
Lighting or Alarm Systems
Exterior
Water Chamber
Dry Interior
Roof
Shell
Supporting Members
Appurtenances
Anchors and Foundation
Vent
Leaks, Holes, or Points of
Intrusion
Water Quality
Overflow
=
=
=
=
Legend and Methodology
Short-term Maintenance and
Repair/Replacement
Intermediate-term Maintenance and
Repair/Replacement
Long-term Maintenance and
Repair/Replacement
Satisfactory - Next Inspection
Recommended in 12 months
Substandard - Maintenance or
Renovation is Recommended for
Scheduling at Earliest Opportunity
Standard - Maintenance or
Renovation Work is
Recommended to be in
Planning Stage
Not Applicable N/A - Component not Present
or Criteria Inapplicable
0 1
2 3
4 5
6 Site Exterior Coating Interior Coating Safety Sanitary Security Tank 113
City of Victorville, CA
Site Exterior Coating
Interior Coating Safety
Sanitary Security
Inspection summary
3 HIGH RISK
RISK
MITIGATION
LOW RISK
Satisfactory:
Next Inspection
Recommended in 12
months
Standard:
Maintenance or
Renovation Work is
Recommended to be
in Planning Stage
Substandard:
Maintenance or
Renovation is
Recommended for
Scheduling at Earliest
Opportunity
Exterior Sidewall
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Sidewall and Tank Foundation
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Tank Foundation and Overflow
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Overflow Screen and Manway
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Manway and Inlet/Outlet Pipe
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Float Level Indicator and Ladder Gate
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Ladder and Roof
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof and Coating Defects
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof and Vent
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Vent Screen and Roof Hatch
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Ladder and Float Device
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Sidewall
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Ceiling and Floor
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Recommendations
Interior Rehabilitation
Spot Repairs During Initial Washout
SP10 Near White Blast
Full Prime
Intermediate Stripe Coat
100% Solids Epoxy Full Finish Coat
Exterior Rehabilitation
Extra Power Tooling and Surface Preparation
Spot Prime
Full Intermediate Coat
Full Finish Coat
Repairs Updates
Grade and level gravel foundation
Install a mesh screen/flapper valve combination assembly at the overflow termination point Install a flex cable safety climb on the exterior ladder Replace float system cable and lube or replace pulleys Install AWWA compliant sample tap
17 THANK YOU
2021 CONDITION ASSESSMENT
11/29/2022
1 Tank 114
Client Contact:
Arnold Villarreal
14343 Civic Drive
Victorville, CA 92393
Inspection Date: September 28, 2021
Inspected By: Brad Winkeler
PROJECT INTENT AND RESULTS
2 Suez - Utility Service Co., Inc. conducted an inspection of the clarifier to evaluate and provide information regarding the overall condition of the clarifier
During the inspection, the following scope of work was performed:
Visual
Inspection of the tank interior and exterior accessible without rigging, to include appurtenances.
A
summary of the inspection results, including photographs, videos, and recommendations outlining the urgency for any items we feel require addition attention to maintain and preserve the Structure.
Results SANITARY: Results SAFETY AND SECURITY: Results COATING: Results STRUCTURE:
Access Hatches, Manways,
or Doors
Fences, Gates, Guards, or
Vandalism
Ladders, Platforms
,
Handrails, or Stairs
Lighting or Alarm Systems
Exterior
Water Chamber
Dry Interior
Roof
Shell
Supporting Members
Appurtenances
Anchors and Foundation
Vent
Leaks, Holes, or Points of
Intrusion
Water Quality
Overflow
=
=
=
=
Legend and Methodology
Short-term Maintenance and
Repair/Replacement
Intermediate-term Maintenance and
Repair/Replacement
Long-term Maintenance and
Repair/Replacement
Satisfactory - Next Inspection
Recommended in 12 months
Substandard - Maintenance or
Renovation is Recommended for
Scheduling at Earliest Opportunity
Standard - Maintenance or
Renovation Work is
Recommended to be in
Planning Stage
Not Applicable N/A - Component not Present
or Criteria Inapplicable
0 1
2 3
4 5
6 Site Exterior Coating Interior Coating Safety Sanitary Security Tank 114
City of Victorville, CA
Site Exterior Coating
Interior Coating Safety
Sanitary Security
Inspection summary
3 HIGH RISK
RISK
MITIGATION
LOW RISK
Satisfactory:
Next Inspection
Recommended in 12
months
Standard:
Maintenance or
Renovation Work is
Recommended to be
in Planning Stage
Substandard:
Maintenance or
Renovation is
Recommended for
Scheduling at Earliest
Opportunity
Exterior Sidewall and Coating Defect
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Overflow
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Manways
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Sample Tap and Inlet/Outlet Pipe
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof and Coating Defect
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Coating Defect and Antenna
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Antenna and Roof Vent
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Vent Screen and Roof Hatch
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Ceiling and Rafters
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Sidewall and Floor
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Recommendations
Interior Rehabilitation
SP10 Near White Blast
Full Prime
Primer Stripe Coat
100% Solids Epoxy Full Finish Coat
Exterior Rehabilitation
SP2/SP3 Hand and Power Tool
Spot Prime
Full Intermediate Coat
Full Finish Coat
Repairs Updates
Install a mesh screen/flapper valve combination assembly at the overflow termination point Install a flex cable safety climb on the exterior ladder Remove conduit from ladder style and properly secure the conduit to the tank surface Replace existing roof vent with aluminum vent
15 THANK YOU
2021 CONDITION ASSESSMENT
11/29/2022
1 Tank 115
Client Contact:
Arnold Villarreal
14343 Civic Drive
Victorville, CA 92393
Inspection Date: September 28, 2021
Inspected By: Brad Winkeler
PROJECT INTENT AND RESULTS
2 Suez - Utility Service Co., Inc. conducted an inspection of the clarifier to evaluate and provide information regarding the overall condition of the clarifier
During the inspection, the following scope of work was performed:
Visual
Inspection of the tank interior and exterior accessible without rigging, to include appurtenances.
A
summary of the inspection results, including photographs, videos, and recommendations outlining the urgency for any items we feel require addition attention to maintain and preserve the Structure.
Results SANITARY: Results SAFETY AND SECURITY: Results COATING: Results STRUCTURE:
Access Hatches, Manways,
or Doors
Fences, Gates, Guards, or
Vandalism
Ladders, Platforms
,
Handrails, or Stairs
Lighting or Alarm Systems
Exterior
Water Chamber
Dry Interior
Roof
Shell
Supporting Members
Appurtenances
Anchors and Foundation
Vent
Leaks, Holes, or Points of
Intrusion
Water Quality
Overflow
=
=
=
=
Legend and Methodology
Short-term Maintenance and
Repair/Replacement
Intermediate-term Maintenance and
Repair/Replacement
Long-term Maintenance and
Repair/Replacement
Satisfactory - Next Inspection
Recommended in 12 months
Substandard - Maintenance or
Renovation is Recommended for
Scheduling at Earliest Opportunity
Standard - Maintenance or
Renovation Work is
Recommended to be in
Planning Stage
Not Applicable N/A - Component not Present
or Criteria Inapplicable
0 1
2 3
4 5
6 Site Exterior Coating Interior Coating Safety Sanitary Security Tank 115
City of Victorville, CA
Site Exterior Coating
Interior Coating Safety
Sanitary Security
Inspection summary
3 HIGH RISK
RISK
MITIGATION
LOW RISK
Satisfactory:
Next Inspection
Recommended in 12
months
Standard:
Maintenance or
Renovation Work is
Recommended to be
in Planning Stage
Substandard:
Maintenance or
Renovation is
Recommended for
Scheduling at Earliest
Opportunity
Exterior Sidewall
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Sidewall
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Tank Foundation and Overflow
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Overflow Screen and Manway
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Manway and Inlet/Outlet Pipe
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof and Coating Defects
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Coating Defects
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Antenna and Roof Vent
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Vent Screen and Roof Hatch
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Ceiling and Rafters
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Floor and Ceiling Rafters
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Recommendations
Interior Rehabilitation
SP10 Near White Blast
Full Prime
Intermediate Stripe Coat
100% Solids Epoxy Full Finish Coat
Exterior Rehabilitation
SP6 Commercial Blast
Full Prime
Full Intermediate Coat
Full Finish Coat
Repairs Updates
Grade and level gravel foundation
Install AWWA approved sample tap
Install a mesh screen/flapper valve combination assembly at the overflow termination point Install a flex cable safety climb on the exterior ladder Move conduit away from ladder side rails
Replace existing roof vent with aluminum vent
16 THANK YOU
2021 CONDITION ASSESSMENT
11/29/2022
1 Tank 116
Client Contact:
Arnold Villarreal
14343 Civic Drive
Victorville, CA 92393
Inspection Date: September 28, 2021
Inspected By: Brian Woodring
PROJECT INTENT AND RESULTS
2 Suez - Utility Service Co., Inc. conducted an inspection of the clarifier to evaluate and provide information regarding the overall condition of the clarifier
During the inspection, the following scope of work was performed:
Visual
Inspection of the tank interior and exterior accessible without rigging, to include appurtenances.
A
summary of the inspection results, including photographs, videos, and recommendations outlining the urgency for any items we feel require addition attention to maintain and preserve the Structure.
Results SANITARY: Results SAFETY AND SECURITY: Results COATING: Results STRUCTURE:
Access Hatches, Manways,
or Doors
Fences, Gates, Guards, or
Vandalism
Ladders, Platforms
,
Handrails, or Stairs
Lighting or Alarm Systems
Exterior
Water Chamber
Dry Interior
Roof
Shell
Supporting Members
Appurtenances
Anchors and Foundation
Vent
Leaks, Holes, or Points of
Intrusion
Water Quality
Overflow
=
=
=
=
Legend and Methodology
Short-term Maintenance and
Repair/Replacement
Intermediate-term Maintenance and
Repair/Replacement
Long-term Maintenance and
Repair/Replacement
Satisfactory - Next Inspection
Recommended in 12 months
Substandard - Maintenance or
Renovation is Recommended for
Scheduling at Earliest Opportunity
Standard - Maintenance or
Renovation Work is
Recommended to be in
Planning Stage
Not Applicable N/A - Component not Present
or Criteria Inapplicable
0 1
2 3
4 5
6 Site Exterior Coating Interior Coating Safety Sanitary Security Tank 116
City of Victorville, CA
Site Exterior Coating
Interior Coating Safety
Sanitary Security
Inspection summary
3 HIGH RISK
RISK
MITIGATION
LOW RISK
Satisfactory:
Next Inspection
Recommended in 12
months
Standard:
Maintenance or
Renovation Work is
Recommended to be
in Planning Stage
Substandard:
Maintenance or
Renovation is
Recommended for
Scheduling at Earliest
Opportunity
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Sidewall
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Sidewall and Coating Defect
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Manway
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Overflow and Inlet/Outlet Pipe
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Ladder Gate and Exterior Roof
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof and Antenna
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof and Antenna
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Hatch and Vent
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Vent Screen and Interior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Ceiling and Rafters
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Ceiling and Rafters
Recommendations
Interior Rehabilitation
Spot Repairs During Initial Washout
SP10 Near White Blast
Full Prime
Primer Stripe Coat
100% Solids Epoxy Full Finish Coat
Exterior Rehabilitation
SP2/SP3 Hand and Power Tool
Spot Prime
Full Intermediate Coat
Full Finish Coat
Repairs Updates
Grade and level gravel foundation
Install a mesh screen/flapper valve combination assembly at the overflow termination point Relocate existing conduit and both antenna mounts conducive to tank maintenance Remove safety climb device from interior ladder
Replace existing roof vent with aluminum vent
16 THANK YOU
2021 CONDITION ASSESSMENT
11/29/2022
1 Tank 117
Client Contact:
Arnold Villarreal
14343 Civic Drive
Victorville, CA 92393
Inspection Date: September 28, 2021
Inspected By: Brad Winkeler
PROJECT INTENT AND RESULTS
2 Suez - Utility Service Co., Inc. conducted an inspection of the clarifier to evaluate and provide information regarding the overall condition of the clarifier
During the inspection, the following scope of work was performed:
Visual
Inspection of the tank interior and exterior accessible without rigging, to include appurtenances.
A
summary of the inspection results, including photographs, videos, and recommendations outlining the urgency for any items we feel require addition attention to maintain and preserve the Structure.
Results SANITARY: Results SAFETY AND SECURITY: Results COATING: Results STRUCTURE:
Access Hatches, Manways,
or Doors
Fences, Gates, Guards, or
Vandalism
Ladders, Platforms
,
Handrails, or Stairs
Lighting or Alarm Systems
Exterior
Water Chamber
Dry Interior
Roof
Shell
Supporting Members
Appurtenances
Anchors and Foundation
Vent
Leaks, Holes, or Points of
Intrusion
Water Quality
Overflow
=
=
=
=
Legend and Methodology
Short-term Maintenance and
Repair/Replacement
Intermediate-term Maintenance and
Repair/Replacement
Long-term Maintenance and
Repair/Replacement
Satisfactory - Next Inspection
Recommended in 12 months
Substandard - Maintenance or
Renovation is Recommended for
Scheduling at Earliest Opportunity
Standard - Maintenance or
Renovation Work is
Recommended to be in
Planning Stage
Not Applicable N/A - Component not Present
or Criteria Inapplicable
0 1
2 3
4 5
6 Site Exterior Coating Interior Coating Safety Sanitary Security Tank 117
City of Victorville, CA
Site Exterior Coating
Interior Coating Safety
Sanitary Security
Inspection summary
3 HIGH RISK
RISK
MITIGATION
LOW RISK
Satisfactory:
Next Inspection
Recommended in 12
months
Standard:
Maintenance or
Renovation Work is
Recommended to be
in Planning Stage
Substandard:
Maintenance or
Renovation is
Recommended for
Scheduling at Earliest
Opportunity
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Sidewall and Coating Defect
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Sidewall and Coating Defects
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Tank Foundation and Overflow
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Overflow Screen and Inlet/Outlet Pipe
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Manways
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Sample Tap and Ladder Gate
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Float Target Arm and Exterior Roof
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof and Vent
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Vent Screen and Antenna
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Hatch and Interior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Sidewall and Ceiling
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Sidewall and Floor
Recommendations
Interior Rehabilitation
Spot Repairs During Initial Washout
SP10 Near White Blast
Full Prime Coat
Primer Stripe Coat
100% Solids Epoxy Full Finish Coat
Exterior Rehabilitation
SP2/SP3 Hand and Power Tool
Spot Prime
Full Intermediate Coat
Full Finish Coat
Repairs Updates
Recoat steel retainer surrounding gravel foundation
Install a mesh screen/flapper valve combination assembly at the overflow termination point Recommend relocating coax and electrical conduit to provide at least 8" clearance to roof surface conducive to maintenance Remove safety climb device from interior ladder
Remove existing coating from galvanized handrail and coat with applicable coating system Replace existing roof vent with aluminum vent
17 THANK YOU
2021 CONDITION ASSESSMENT
11/29/2022
1 Tank 118
Client Contact:
Arnold Villarreal
14343 Civic Drive
Victorville, CA 92393
Inspection Date: September 28, 2021
Inspected By: Markos Mavrophilipos
PROJECT INTENT AND RESULTS
2 Suez - Utility Service Co., Inc. conducted an inspection of the clarifier to evaluate and provide information regarding the overall condition of the clarifier
During the inspection, the following scope of work was performed:
Visual
Inspection of the tank interior and exterior accessible without rigging, to include appurtenances.
A
summary of the inspection results, including photographs, videos, and recommendations outlining the urgency for any items we feel require addition attention to maintain and preserve the Structure.
Results SANITARY: Results SAFETY AND SECURITY: Results COATING: Results STRUCTURE:
Access Hatches, Manways,
or Doors
Fences, Gates, Guards, or
Vandalism
Ladders, Platforms
,
Handrails, or Stairs
Lighting or Alarm Systems
Exterior
Water Chamber
Dry Interior
Roof
Shell
Supporting Members
Appurtenances
Anchors and Foundation
Vent
Leaks, Holes, or Points of
Intrusion
Water Quality
Overflow
=
=
=
=
Legend and Methodology
Short-term Maintenance and
Repair/Replacement
Intermediate-term Maintenance and
Repair/Replacement
Long-term Maintenance and
Repair/Replacement
Satisfactory - Next Inspection
Recommended in 12 months
Substandard - Maintenance or
Renovation is Recommended for
Scheduling at Earliest Opportunity
Standard - Maintenance or
Renovation Work is
Recommended to be in
Planning Stage
Not Applicable N/A - Component not Present
or Criteria Inapplicable
0 1
2 3
4 5
6 Site Exterior Coating Interior Coating Safety Sanitary Security Tank 118
City of Victorville, CA
Site Exterior Coating
Interior Coating Safety
Sanitary Security
Inspection summary
3 HIGH RISK
RISK
MITIGATION
LOW RISK
Satisfactory:
Next Inspection
Recommended in 12
months
Standard:
Maintenance or
Renovation Work is
Recommended to be
in Planning Stage
Substandard:
Maintenance or
Renovation is
Recommended for
Scheduling at Earliest
Opportunity
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Sidewall
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Sidewall
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Tank Foundation and Overflow
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Overflow Screen and Inlet/Outlet Pipe
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Manways
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Sample Tap and Ladder Gate
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Ladder and Roof
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof and Conduit
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Antenna and Roof Hatch
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Hatch and Interior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Ceiling and Coating Defect
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Ceiling and Coating Defect
Recommendations
Interior Rehabilitation
Spot Repairs During Initial Washout
SP10 Near White Blast
Full Prime
Primer Stripe Coat
100% Solids Epoxy Full Finish Coat
Exterior Rehabilitation
SP2/SP3 Hand and Power Tool
Spot Prime
Full Intermediate Coat
Full Finish Coat
Repairs Updates
Install a mesh screen/flapper valve combination assembly at the overflow termination point Recommend relocating coax and electrical conduit to provide at least 8" clearance to roof surface conducive to maintenance Install flex-cable safety climb on exterior ladder
Remove safety climb device from interior ladder
Replace existing roof vent with aluminum vent
16 THANK YOU
2021 CONDITION ASSESSMENT
11/29/2022
1 Tank 119
Client Contact:
Arnold Villarreal
14343 Civic Drive
Victorville, CA 92393
Inspection Date: September 30, 2021
Inspected By: Tony Garner
PROJECT INTENT AND RESULTS
2 Suez - Utility Service Co., Inc. conducted an inspection of the clarifier to evaluate and provide information regarding the overall condition of the clarifier
During the inspection, the following scope of work was performed:
Visual
Inspection of the tank interior and exterior accessible without rigging, to include appurtenances.
A
summary of the inspection results, including photographs, videos, and recommendations outlining the urgency for any items we feel require addition attention to maintain and preserve the Structure.
Results SANITARY: Results SAFETY AND SECURITY: Results COATING: Results STRUCTURE:
Access Hatches, Manways,
or Doors
Fences, Gates, Guards, or
Vandalism
Ladders, Platforms
,
Handrails, or Stairs
Lighting or Alarm Systems
Exterior
Water Chamber
Dry Interior
Roof
Shell
Supporting Members
Appurtenances
Anchors and Foundation
Vent
Leaks, Holes, or Points of
Intrusion
Water Quality
Overflow
=
=
=
=
Legend and Methodology
Short-term Maintenance and
Repair/Replacement
Intermediate-term Maintenance and
Repair/Replacement
Long-term Maintenance and
Repair/Replacement
Satisfactory - Next Inspection
Recommended in 12 months
Substandard - Maintenance or
Renovation is Recommended for
Scheduling at Earliest Opportunity
Standard - Maintenance or
Renovation Work is
Recommended to be in
Planning Stage
Not Applicable N/A - Component not Present
or Criteria Inapplicable
0 1
2 3
4 5
6 Site Exterior Coating Interior Coating Safety Sanitary Security Tank 119
City of Victorville, CA
Site Exterior Coating
Interior Coating Safety
Sanitary Security
Inspection summary
3 HIGH RISK
RISK
MITIGATION
LOW RISK
Satisfactory:
Next Inspection
Recommended in 12
months
Standard:
Maintenance or
Renovation Work is
Recommended to be
in Planning Stage
Substandard:
Maintenance or
Renovation is
Recommended for
Scheduling at Earliest
Opportunity
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Sidewall
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Sidewall and Tank Foundation
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Overflow and Inlet/Outlet Pipe
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Sample Tap and Manway
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Manway and Exterior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Ladder and Roof
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof and Coating Defect
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof and Antenna
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Vent and Vent Screen
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Hatch and Coating Defects
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Ladder and Ceiling Rafters
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Float Device and Interior Ceiling
Recommendations
Interior Rehabilitation
SP10 Near White Blast
Full Prime
Primer Stripe Coat
100% Solids Epoxy Full Finish Coat
Exterior Rehabilitation
SP6 Commercial Blast
Full Prime
Full Intermediate Coat
Full Finish Coat
Repairs Updates
Install a mesh screen/flapper valve combination assembly at the overflow termination point Recommend relocating coax and electrical conduit to provide at least 8" clearance to roof surface conducive to maintenance Install flex cable safety climb on exterior ladder
Remove notch-rail safety climb device from interior ladder Replace existing roof vent with aluminum vent
Install additional vents around tank perimeter
16 THANK YOU
2021 CONDITION ASSESSMENT
11/29/2022
1 Tank 120
Client Contact:
Arnold Villarreal
14343 Civic Drive
Victorville, CA 92393
Inspection Date: September 29, 2021
Inspected By: Brad Winkeler
PROJECT INTENT AND RESULTS
2 Suez - Utility Service Co., Inc. conducted an inspection of the clarifier to evaluate and provide information regarding the overall condition of the clarifier
During the inspection, the following scope of work was performed:
Visual
Inspection of the tank interior and exterior accessible without rigging, to include appurtenances.
A
summary of the inspection results, including photographs, videos, and recommendations outlining the urgency for any items we feel require addition attention to maintain and preserve the Structure.
Results SANITARY: Results SAFETY AND SECURITY: Results COATING: Results STRUCTURE:
Access Hatches, Manways,
or Doors
Fences, Gates, Guards, or
Vandalism
Ladders, Platforms
,
Handrails, or Stairs
Lighting or Alarm Systems
Exterior
Water Chamber
Dry Interior
Roof
Shell
Supporting Members
Appurtenances
Anchors and Foundation
Vent
Leaks, Holes, or Points of
Intrusion
Water Quality
Overflow
=
=
=
=
Legend and Methodology
Short-term Maintenance and
Repair/Replacement
Intermediate-term Maintenance and
Repair/Replacement
Long-term Maintenance and
Repair/Replacement
Satisfactory - Next Inspection
Recommended in 12 months
Substandard - Maintenance or
Renovation is Recommended for
Scheduling at Earliest Opportunity
Standard - Maintenance or
Renovation Work is
Recommended to be in
Planning Stage
Not Applicable N/A - Component not Present
or Criteria Inapplicable
0 1
2 3
4 5
6 Site Exterior Coating Interior Coating Safety Sanitary Security Tank 120
City of Victorville, CA
Site Exterior Coating
Interior Coating Safety
Sanitary Security
Inspection summary
3 HIGH RISK
RISK
MITIGATION
LOW RISK
Satisfactory:
Next Inspection
Recommended in 12
months
Standard:
Maintenance or
Renovation Work is
Recommended to be
in Planning Stage
Substandard:
Maintenance or
Renovation is
Recommended for
Scheduling at Earliest
Opportunity
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Sidewall
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Sidewall and Tank Foundation
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Tank Foundation and Overflow
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Inlet/Outlet Pipe and Manway
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Manway and Float Level Indicator
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Sample Taps
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Ladder and Ladder Gate
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof and Antenna
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Vent and Vent Screen
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Hatch and Interior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Sidewall and Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Ceiling and Rafters
Recommendations
Interior Rehabilitation
Spot Repairs During Initial Washout
SP10 Near White Blast
Full Prime
Intermediate Stripe Coat
100% Solids Epoxy Full Finish Coat
Exterior Rehabilitation
SP6 Commercial Blast on Roof
SP2/SP3 Hand and Power Tool on Shell
Full Prime
Full Intermediate Coat
Full Finish Coat
Repairs Updates
Recommend relocating coax and electrical conduit to provide at least 8" clearance to roof surface conducive to maintenance Install a collection funnel on the drain side of the overflow pipe and install a flanged screen with flapper valve at the ter mination point Install flex cable safety climb on exterior ladder
Remove notch-rail safety climb device from interior ladder Replace existing roof vent with aluminum vent
Coat concrete foundation to prevent freeze/thaw damage 17 THANK YOU
2021 CONDITION ASSESSMENT
11/29/2022
1 Tank 121
Client Contact:
Arnold Villarreal
14343 Civic Drive
Victorville, CA 92393
Inspection Date: September 29, 2021
Inspected By: Tony Garner
PROJECT INTENT AND RESULTS
2 Suez - Utility Service Co., Inc. conducted an inspection of the clarifier to evaluate and provide information regarding the overall condition of the clarifier
During the inspection, the following scope of work was performed:
Visual
Inspection of the tank interior and exterior accessible without rigging, to include appurtenances.
A
summary of the inspection results, including photographs, videos, and recommendations outlining the urgency for any items we feel require addition attention to maintain and preserve the Structure.
Results SANITARY: Results SAFETY AND SECURITY: Results COATING: Results STRUCTURE:
Access Hatches, Manways,
or Doors
Fences, Gates, Guards, or
Vandalism
Ladders, Platforms
,
Handrails, or Stairs
Lighting or Alarm Systems
Exterior
Water Chamber
Dry Interior
Roof
Shell
Supporting Members
Appurtenances
Anchors and Foundation
Vent
Leaks, Holes, or Points of
Intrusion
Water Quality
Overflow
=
=
=
=
Legend and Methodology
Short-term Maintenance and
Repair/Replacement
Intermediate-term Maintenance and
Repair/Replacement
Long-term Maintenance and
Repair/Replacement
Satisfactory - Next Inspection
Recommended in 12 months
Substandard - Maintenance or
Renovation is Recommended for
Scheduling at Earliest Opportunity
Standard - Maintenance or
Renovation Work is
Recommended to be in
Planning Stage
Not Applicable N/A - Component not Present
or Criteria Inapplicable
0 1
2 3
4 5
6 Site Exterior Coating Interior Coating Safety Sanitary Security Tank 121
City of Victorville, CA
Site Exterior Coating
Interior Coating Safety
Sanitary Security
Inspection summary
3 HIGH RISK
RISK
MITIGATION
LOW RISK
Satisfactory:
Next Inspection
Recommended in 12
months
Standard:
Maintenance or
Renovation Work is
Recommended to be
in Planning Stage
Substandard:
Maintenance or
Renovation is
Recommended for
Scheduling at Earliest
Opportunity
Exterior Sidewall
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Sidewall and Foundation
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Manways
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Overflow Piping
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Inlet/Outlet Piping and Exterior Sidewall
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof and Conduit
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Antenna and Roof Hatch
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Vent and Vent Screen
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Ladder and Overflow Weir Box
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Floor and Sidewall
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Ceiling and Rafters
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Recommendations
Interior Rehabilitation
Spot Repairs During Initial Washout
SP10 Near White Blast
Full Prime
Primer Stripe Coat
100% Solids Epoxy Full Finish Coat
Exterior Rehabilitation
SP2/SP3 Hand and Power Tool
Spot Prime
Full Intermediate Coat
Full Finish Coat
Repairs Updates
Grade and level gravel foundation
Install a collection funnel on the drain side of the overflow pipe and install a flanged screen with flapper valve at the ter mination point Recommend relocating coax and electrical conduit to provide at least 8" clearance to roof surface conducive to maintenance Install flex cable safety climb to exterior ladder
Remove safety climb device from interior ladder
Replace existing roof vent with aluminum vent
Water Intake Upgrade/Seismic Retrofit
Coat concrete foundation to prevent freeze/thaw damage 16 THANK YOU
2021 CONDITION ASSESSMENT
11/29/2022
1 Tank 201
Client Contact:
Arnold Villarreal
14343 Civic Drive
Victorville, CA 92393
Inspection Date: September 30, 2021
Inspected By: Tony Garner
PROJECT INTENT AND RESULTS
2 Suez - Utility Service Co., Inc. conducted an inspection of the clarifier to evaluate and provide information regarding the overall condition of the clarifier
During the inspection, the following scope of work was performed:
Visual
Inspection of the tank interior and exterior accessible without rigging, to include appurtenances.
A
summary of the inspection results, including photographs, videos, and recommendations outlining the urgency for any items we feel require addition attention to maintain and preserve the Structure.
Results SANITARY: Results SAFETY AND SECURITY: Results COATING: Results STRUCTURE:
Access Hatches, Manways,
or Doors
Fences, Gates, Guards, or
Vandalism
Ladders, Platforms
,
Handrails, or Stairs
Lighting or Alarm Systems
Exterior
Water Chamber
Dry Interior
Roof
Shell
Supporting Members
Appurtenances
Anchors and Foundation
Vent
Leaks, Holes, or Points of
Intrusion
Water Quality
Overflow
=
=
=
=
Legend and Methodology
Short-term Maintenance and
Repair/Replacement
Intermediate-term Maintenance and
Repair/Replacement
Long-term Maintenance and
Repair/Replacement
Satisfactory - Next Inspection
Recommended in 12 months
Substandard - Maintenance or
Renovation is Recommended for
Scheduling at Earliest Opportunity
Standard - Maintenance or
Renovation Work is
Recommended to be in
Planning Stage
Not Applicable N/A - Component not Present
or Criteria Inapplicable
0 1
2 3
4 5
6 Site Exterior Coating Interior Coating Safety Sanitary Security Tank 201
City of Victorville, CA
Site Exterior Coating
Interior Coating Safety
Sanitary Security
Inspection summary
3 HIGH RISK
RISK
MITIGATION
LOW RISK
Satisfactory:
Next Inspection
Recommended in 12
months
Standard:
Maintenance or
Renovation Work is
Recommended to be
in Planning Stage
Substandard:
Maintenance or
Renovation is
Recommended for
Scheduling at Earliest
Opportunity
Exterior Sidewall
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Sidewall and Tank Foundation
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Overflow
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Manways
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Float Level Indicator and Exterior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Ladder and Roof
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof and Antenna
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Vent and Vent Screen
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Hatch and Interior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Ceiling and Rafters
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Floor and Sidewall Coating Defects
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Coating Defects
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Inlet/Outlet Pipe and Center Support Column
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Float Device and Interior Manway Arm
SANITARY:
SAFETY AND SECURITY: Float cable disconnected from level indicator COATINGS AND CORROSION:
STRUCTURE:
Recommendations
Interior Rehabilitation
SP10 Near White Blast
Full Prime
Primer Stripe Coat
100% Solids Epoxy Full Finish Coat
Exterior Rehabilitation
SP2/SP3 Hand and Power Tool
Spot Prime
Full Intermediate Coat
Full Finish Coat
Repairs Updates
Grade and level gravel foundation
Install a mesh screen/flapper valve combination assembly at the overflow termination point Repair float cable
Replace notch-rail safety climb on exterior ladder with a flex cable safety climb Remove safety climb device from interior ladder
Replace existing roof vent with aluminum vent
18 THANK YOU
2021 CONDITION ASSESSMENT
11/29/2022
1 Tank 202
Client Contact:
Arnold Villarreal
14343 Civic Drive
Victorville, CA 92393
Inspection Date: September 30, 2021
Inspected By: Tony Garner
PROJECT INTENT AND RESULTS
2 Suez - Utility Service Co., Inc. conducted an inspection of the clarifier to evaluate and provide information regarding the overall condition of the clarifier
During the inspection, the following scope of work was performed:
Visual
Inspection of the tank interior and exterior accessible without rigging, to include appurtenances.
A
summary of the inspection results, including photographs, videos, and recommendations outlining the urgency for any items we feel require addition attention to maintain and preserve the Structure.
Results SANITARY: Results SAFETY AND SECURITY: Results COATING: Results STRUCTURE:
Access Hatches, Manways,
or Doors
Fences, Gates, Guards, or
Vandalism
Ladders, Platforms
,
Handrails, or Stairs
Lighting or Alarm Systems
Exterior
Water Chamber
Dry Interior
Roof
Shell
Supporting Members
Appurtenances
Anchors and Foundation
Vent
Leaks, Holes, or Points of
Intrusion
Water Quality
Overflow
=
=
=
=
Legend and Methodology
Short-term Maintenance and
Repair/Replacement
Intermediate-term Maintenance and
Repair/Replacement
Long-term Maintenance and
Repair/Replacement
Satisfactory - Next Inspection
Recommended in 12 months
Substandard - Maintenance or
Renovation is Recommended for
Scheduling at Earliest Opportunity
Standard - Maintenance or
Renovation Work is
Recommended to be in
Planning Stage
Not Applicable N/A - Component not Present
or Criteria Inapplicable
0 1
2 3
4 5
6 Site Exterior Coating Interior Coating Safety Sanitary Security Tank 202
City of Victorville, CA
Site Exterior Coating
Interior Coating Safety
Sanitary Security
Inspection summary
3 HIGH RISK
RISK
MITIGATION
LOW RISK
Satisfactory:
Next Inspection
Recommended in 12
months
Standard:
Maintenance or
Renovation Work is
Recommended to be
in Planning Stage
Substandard:
Maintenance or
Renovation is
Recommended for
Scheduling at Earliest
Opportunity
Exterior Sidewall
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Sidewall and Tank Foundation
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Overflow and Manway
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Manway and Sample Tap
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Pump House Interior
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Ladder and Ladder Gate
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof and Cathodic Protection System
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Vent and Vent Screen
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Hatch and Interior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Sidewall and Ceiling
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Sidewall and Floor
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Recommendations
Interior Rehabilitation
SP10 Near White Blast
Full Prime
Primer Stripe Coat
Full Finish Coat
Exterior Rehabilitation
SP2/SP3 Hand and Power Tool
Spot Prime
Full Intermediate Coat
Full Finish Coat
Repairs Updates
Grade and level gravel foundation
Install a collection funnel on the drain side of the overflow pipe and install a flanged screen with flapper valve at the ter mination point Repair float cable
Replace notch-rail safety climb on exterior ladder with a flex cable safety climb Remove safety climb device from interior ladder
Replace existing roof vent with aluminum vent
16 THANK YOU
2021 CONDITION ASSESSMENT
11/29/2022
1 Tank 205
Client Contact:
Arnold Villarreal
14343 Civic Drive
Victorville, CA 92393
Inspection Date: September 27, 2021
Inspected By: Tony Garner
PROJECT INTENT AND RESULTS
2 Suez - Utility Service Co., Inc. conducted an inspection of the clarifier to evaluate and provide information regarding the overall condition of the clarifier
During the inspection, the following scope of work was performed:
Visual
Inspection of the tank interior and exterior accessible without rigging, to include appurtenances.
A
summary of the inspection results, including photographs, videos, and recommendations outlining the urgency for any items we feel require addition attention to maintain and preserve the Structure.
Results SANITARY: Results SAFETY AND SECURITY: Results COATING: Results STRUCTURE:
Access Hatches, Manways,
or Doors
Fences, Gates, Guards, or
Vandalism
Ladders, Platforms
,
Handrails, or Stairs
Lighting or Alarm Systems
Exterior
Water Chamber
Dry Interior
Roof
Shell
Supporting Members
Appurtenances
Anchors and Foundation
Vent
Leaks, Holes, or Points of
Intrusion
Water Quality
Overflow
=
=
=
=
Legend and Methodology
Short-term Maintenance and
Repair/Replacement
Intermediate-term Maintenance and
Repair/Replacement
Long-term Maintenance and
Repair/Replacement
Satisfactory - Next Inspection
Recommended in 12 months
Substandard - Maintenance or
Renovation is Recommended for
Scheduling at Earliest Opportunity
Standard - Maintenance or
Renovation Work is
Recommended to be in
Planning Stage
Not Applicable N/A - Component not Present
or Criteria Inapplicable
0 1
2 3
4 5
6 Site Exterior Coating Interior Coating Safety Sanitary Security Tank 205
City of Victorville, CA
Site Exterior Coating
Interior Coating Safety
Sanitary Security
Inspection summary
3 HIGH RISK
RISK
MITIGATION
LOW RISK
Satisfactory:
Next Inspection
Recommended in 12
months
Standard:
Maintenance or
Renovation Work is
Recommended to be
in Planning Stage
Substandard:
Maintenance or
Renovation is
Recommended for
Scheduling at Earliest
Opportunity
Exterior Sidewall
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Sidewall Coating Defect and Tank Foundation
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Overflow and Inlet/Outlet Pipe
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Manways
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Float Level Indicator and Exterior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof and Antenna
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Vent and Vent Screen
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Hatch and Interior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Floor and Ceiling Rafters
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Ceiling and Overflow
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Recommendations
Interior Rehabilitation
SP10 Near White Blast
Spot Prime
Primer Stripe Coat
100% Solids Epoxy Full Finish Coat
Caulk Roof/Sidewall Connection
Exterior Rehabilitation
SP6 Commercial Blast
Full Prime
Full Intermediate Coat
Full Finish Coat
Repairs Updates
Grade and level gravel foundation
Install a mesh screen/flapper valve combination assembly at the overflow termination point Repair float cable
Replace existing roof vent with aluminum vent
Relocate antenna to be conducive to tank maintenance
Remove/Replace Interior Ladder
15 THANK YOU
2021 CONDITION ASSESSMENT
11/29/2022
1 Tank 207
Client Contact:
Arnold Villarreal
14343 Civic Drive
Victorville, CA 92393
Inspection Date: September 30, 2021
Inspected By: Tony Garner
PROJECT INTENT AND RESULTS
2 Suez - Utility Service Co., Inc. conducted an inspection of the clarifier to evaluate and provide information regarding the overall condition of the clarifier
During the inspection, the following scope of work was performed:
Visual
Inspection of the tank interior and exterior accessible without rigging, to include appurtenances.
A
summary of the inspection results, including photographs, videos, and recommendations outlining the urgency for any items we feel require addition attention to maintain and preserve the Structure.
Results SANITARY: Results SAFETY AND SECURITY: Results COATING: Results STRUCTURE:
Access Hatches, Manways,
or Doors
Fences, Gates, Guards, or
Vandalism
Ladders, Platforms
,
Handrails, or Stairs
Lighting or Alarm Systems
Exterior
Water Chamber
Dry Interior
Roof
Shell
Supporting Members
Appurtenances
Anchors and Foundation
Vent
Leaks, Holes, or Points of
Intrusion
Water Quality
Overflow
=
=
=
=
Legend and Methodology
Short-term Maintenance and
Repair/Replacement
Intermediate-term Maintenance and
Repair/Replacement
Long-term Maintenance and
Repair/Replacement
Satisfactory - Next Inspection
Recommended in 12 months
Substandard - Maintenance or
Renovation is Recommended for
Scheduling at Earliest Opportunity
Standard - Maintenance or
Renovation Work is
Recommended to be in
Planning Stage
Not Applicable N/A - Component not Present
or Criteria Inapplicable
0 1
2 3
4 5
6 Site Exterior Coating Interior Coating Safety Sanitary Security Tank 207
City of Victorville, CA
Site Exterior Coating
Interior Coating Safety
Sanitary Security
Inspection summary
3 HIGH RISK
RISK
MITIGATION
LOW RISK
Satisfactory:
Next Inspection
Recommended in 12
months
Standard:
Maintenance or
Renovation Work is
Recommended to be
in Planning Stage
Substandard:
Maintenance or
Renovation is
Recommended for
Scheduling at Earliest
Opportunity
Exterior Sidewall
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Sidewall Coating Defect and Tank Foundation
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Sample Tap and Manway
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Manway and Pump House Interior
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Ladder and Roof
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof and Coating Defects
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof and Coating Defects
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Antenna and Conduit
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Vent and Vent Screen
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Hatch and Corrosion on Hatch Lid
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Ladder and Corrosion
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Ceiling Rafters and Overflow
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Sidewall and Ceiling Rafters
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Recommendations
Interior Rehabilitation
SP10 Near White Blast
Full Prime
Primer Stripe Coat
100% Solids Epoxy Full Finish Coat
Exterior Rehabilitation
SP2/SP3 Hand and Power Tool
Spot Prime
Full Intermediate Coat
Full Finish Coat
Repairs Updates
Lower overflow weir box so that there is sufficient space between the weir box and the tank ceiling Replace float level indicator board
Install flex cable safety climb on lower portion of exterior ladder Replace existing drop-down ladder gate with ladder gate more conducive to safe operations Remove/Replace interior ladder
Replace existing roof vent with aluminum vent
Relocate conduit to provide at least 8” of space between conduit and tank surface 18 THANK YOU
2021 CONDITION ASSESSMENT
11/29/2022
1 Tank 208
Client Contact:
Arnold Villarreal
14343 Civic Drive
Victorville, CA 92393
Inspection Date: September 30, 2021
Inspected By: Tony Garner
PROJECT INTENT AND RESULTS
2 Suez - Utility Service Co., Inc. conducted an inspection of the clarifier to evaluate and provide information regarding the overall condition of the clarifier
During the inspection, the following scope of work was performed:
Visual
Inspection of the tank interior and exterior accessible without rigging, to include appurtenances.
A
summary of the inspection results, including photographs, videos, and recommendations outlining the urgency for any items we feel require addition attention to maintain and preserve the Structure.
Tank interior was cleaned and disinfected in accordance with AWWA Standards Spray Method #2 and made ready for service.
During the interior cleaning, sediment that had accumulated was removed from the lower tank area.
Results SANITARY: Results SAFETY AND SECURITY: Results COATING: Results STRUCTURE:
Access Hatches, Manways,
or Doors
Fences, Gates, Guards, or
Vandalism
Ladders, Platforms
,
Handrails, or Stairs
Lighting or Alarm Systems
Exterior
Water Chamber
Dry Interior
Roof
Shell
Supporting Members
Appurtenances
Anchors and Foundation
Vent
Leaks, Holes, or Points of
Intrusion
Water Quality
Overflow
=
=
=
=
Legend and Methodology
Short-term Maintenance and
Repair/Replacement
Intermediate-term Maintenance and
Repair/Replacement
Long-term Maintenance and
Repair/Replacement
Satisfactory - Next Inspection
Recommended in 12 months
Substandard - Maintenance or
Renovation is Recommended for
Scheduling at Earliest Opportunity
Standard - Maintenance or
Renovation Work is
Recommended to be in
Planning Stage
Not Applicable N/A - Component not Present
or Criteria Inapplicable
0 1
2 3
4 5
6 Site Exterior Coating Interior Coating Safety Sanitary Security Tank 208
City of Victorville, CA
Site Exterior Coating
Interior Coating Safety
Sanitary Security
Inspection summary
3 HIGH RISK
RISK
MITIGATION
LOW RISK
Satisfactory:
Next Inspection
Recommended in 12
months
Standard:
Maintenance or
Renovation Work is
Recommended to be
in Planning Stage
Substandard:
Maintenance or
Renovation is
Recommended for
Scheduling at Earliest
Opportunity
Exterior Sidewall and Graffiti Touch-Up
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Sidewall and Tank Foundation
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Overflow and Inlet/Outlet Pipe
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Manways
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Sample Tap and Pump House
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Pump House Interior and Exterior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Sidewall
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof and Coating Defects
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Vent and Vent Screen
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Hatch
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Ladder and Coating Defects
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Tank Interior
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Coating Defects on Ceiling Rafters
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Overflow Weir Box and Coating Defect
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Recommendations
Interior Rehabilitation
SP10 Near White Blast
Full Prime
Primer Stripe Coat
100% Solids Epoxy Full Finish Coat
Exterior Rehabilitation
SP2/SP3 Hand and Power Tool
Spot Prime
Full Intermediate Coat
Full Finish Coat
Repairs Updates
Lower overflow weir box so that there is sufficient space between the weir box and the tank ceiling Install a mesh screen/flapper valve combination assembly at the overflow termination point Replace float level indicator board
Replace existing drop-down ladder gate with ladder gate more conducive to safe operations Install flex cable safety climb on lower portion of exterior ladder Replace existing roof vent with aluminum vent
Install additional vents around the tank perimeter
Relocate conduit to provide at least 8” of space between conduit and tank surface 19 THANK YOU
2021 CONDITION ASSESSMENT
11/29/2022
1 Tank 209
Client Contact:
Arnold Villarreal
14343 Civic Drive
Victorville, CA 92393
Inspection Date: October 28, 2021
Inspected By: Tony Garner
PROJECT INTENT AND RESULTS
2 Suez - Utility Service Co., Inc. conducted an inspection of the clarifier to evaluate and provide information regarding the overall condition of the clarifier
During the inspection, the following scope of work was performed:
Visual
Inspection of the tank interior and exterior accessible without rigging, to include appurtenances.
A
summary of the inspection results, including photographs, videos, and recommendations outlining the urgency for any items we feel require addition attention to maintain and preserve the Structure.
Tank interior was cleaned and disinfected in accordance with AWWA Standards Spray Method #2 and made ready for service.
During the interior cleaning, sediment that had accumulated was removed from the lower tank area.
Results SANITARY: Results SAFETY AND SECURITY: Results COATING: Results STRUCTURE:
Access Hatches, Manways,
or Doors
Fences, Gates, Guards, or
Vandalism
Ladders, Platforms
,
Handrails, or Stairs
Lighting or Alarm Systems
Exterior
Water Chamber
Dry Interior
Roof
Shell
Supporting Members
Appurtenances
Anchors and Foundation
Vent
Leaks, Holes, or Points of
Intrusion
Water Quality
Overflow
=
=
=
=
Legend and Methodology
Short-term Maintenance and
Repair/Replacement
Intermediate-term Maintenance and
Repair/Replacement
Long-term Maintenance and
Repair/Replacement
Satisfactory - Next Inspection
Recommended in 12 months
Substandard - Maintenance or
Renovation is Recommended for
Scheduling at Earliest Opportunity
Standard - Maintenance or
Renovation Work is
Recommended to be in
Planning Stage
Not Applicable N/A - Component not Present
or Criteria Inapplicable
0 1
2 3
4 5
6 Site Exterior Coating Interior Coating Safety Sanitary Security Tank 209
City of Victorville, CA
Site Exterior Coating
Interior Coating Safety
Sanitary Security
Inspection summary
3 HIGH RISK
RISK
MITIGATION
LOW RISK
Satisfactory:
Next Inspection
Recommended in 12
months
Standard:
Maintenance or
Renovation Work is
Recommended to be
in Planning Stage
Substandard:
Maintenance or
Renovation is
Recommended for
Scheduling at Earliest
Opportunity
Exterior Sidewall
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Float Level Indicator Board and Tank Foundation
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Manways
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Sample Tap and Exterior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Vent and Vent Screen
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Hatch
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Hatch and Interior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Tank Floor and Coating Failure on Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Ceiling
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Overflow System and Tank Floor After Washout
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Tank Floor After Washout and Coating Failure
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Coating Failures on Tank Interior
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Coating Failures on Tank Interior
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Recommendations
Interior Rehabilitation
SP10 Near White Blast
Full Prime
Primer Stripe Coat
100% Solids Epoxy Full Finish Coat
Exterior Rehabilitation
SP2/SP3 Hand and Power Tool
Spot Prime
Full Intermediate Coat
Full Finish Coat
Repairs Updates
Repair float cable pulley
Replace existing roof vent with aluminum vent
Relocate conduit to provide at least 8” of space between conduit and tank surface 19 THANK YOU
2021 CONDITION ASSESSMENT
11/29/2022
1 Tank 210
Client Contact:
Arnold Villarreal
14343 Civic Drive
Victorville, CA 92393
Inspection Date: September 27, 2021
Inspected By: Tony Garner
PROJECT INTENT AND RESULTS
2 Suez - Utility Service Co., Inc. conducted an inspection of the clarifier to evaluate and provide information regarding the overall condition of the clarifier
During the inspection, the following scope of work was performed:
Visual
Inspection of the tank interior and exterior accessible without rigging, to include appurtenances.
A
summary of the inspection results, including photographs, videos, and recommendations outlining the urgency for any items we feel require addition attention to maintain and preserve the Structure.
Results SANITARY: Results SAFETY AND SECURITY: Results COATING: Results STRUCTURE:
Access Hatches, Manways,
or Doors
Fences, Gates, Guards, or
Vandalism
Ladders, Platforms
,
Handrails, or Stairs
Lighting or Alarm Systems
Exterior
Water Chamber
Dry Interior
Roof
Shell
Supporting Members
Appurtenances
Anchors and Foundation
Vent
Leaks, Holes, or Points of
Intrusion
Water Quality
Overflow
=
=
=
=
Legend and Methodology
Short-term Maintenance and
Repair/Replacement
Intermediate-term Maintenance and
Repair/Replacement
Long-term Maintenance and
Repair/Replacement
Satisfactory - Next Inspection
Recommended in 12 months
Substandard - Maintenance or
Renovation is Recommended for
Scheduling at Earliest Opportunity
Standard - Maintenance or
Renovation Work is
Recommended to be in
Planning Stage
Not Applicable N/A - Component not Present
or Criteria Inapplicable
0 1
2 3
4 5
6 Site Exterior Coating Interior Coating Safety Sanitary Security Tank 210
City of Victorville, CA
Site Exterior Coating
Interior Coating Safety
Sanitary Security
Inspection summary
3 HIGH RISK
RISK
MITIGATION
LOW RISK
Satisfactory:
Next Inspection
Recommended in 12
months
Standard:
Maintenance or
Renovation Work is
Recommended to be
in Planning Stage
Substandard:
Maintenance or
Renovation is
Recommended for
Scheduling at Earliest
Opportunity
Exterior Sidewall and Coating Defect
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Tank Foundation and Overflow
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Inlet/Outlet Pipe and Drain Plug
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Float Level Indicator and Target Board
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Manways
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof and Coating Defect
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Coating Defect and Vent
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Vent Screen and Roof Hatch
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Hatch and Interior Ladder
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Floor and Ceiling
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Interior Floor and Ceiling Rafters
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Recommendations
Interior Rehabilitation
SP10 Near White Blast
Full Prime
Primer Stripe Coat
100% Solids Epoxy Full Finish Coat
Exterior Rehabilitation
SP2/SP3 Hand and Power Tool
Spot Prime
Full Intermediate Coat
Full Finish Coat
Repairs Updates
Install a collection funnel on the drain side of the overflow pipe and install a flanged screen with flapper valve at the ter mination point Replace float level indicator decal and hang target indicator Remove safety climb from interior ladder
Replace existing roof vent with aluminum vent
Replace 1.75” PVC drain plug with a steel drain plug
16 THANK YOU
2021 CONDITION ASSESSMENT
11/29/2022
1 Recycled Old Westwinds Tank
Client Contact:
Arnold Villarreal
14343 Civic Drive
Victorville, CA 92393
Inspection Date: September 29, 2021
Inspected By: Brad Winkeler
PROJECT INTENT AND RESULTS
2 Suez - Utility Service Co., Inc. conducted an inspection of the clarifier to evaluate and provide information regarding the overall condition of the clarifier
During the inspection, the following scope of work was performed:
Visual
Inspection of the tank interior and exterior accessible without rigging, to include appurtenances.
A
summary of the inspection results, including photographs, videos, and recommendations outlining the urgency for any items we feel require addition attention to maintain and preserve the Structure.
Results SANITARY: Results SAFETY AND SECURITY: Results COATING: Results STRUCTURE:
Access Hatches, Manways,
or Doors
Fences, Gates, Guards, or
Vandalism
Ladders, Platforms
,
Handrails, or Stairs
Lighting or Alarm Systems
Exterior
Water Chamber
Dry Interior
Roof
Shell
Supporting Members
Appurtenances
Anchors and Foundation
Vent
Leaks, Holes, or Points of
Intrusion
Water Quality
Overflow
=
=
=
=
Legend and Methodology
Short-term Maintenance and
Repair/Replacement
Intermediate-term Maintenance and
Repair/Replacement
Long-term Maintenance and
Repair/Replacement
Satisfactory - Next Inspection
Recommended in 12 months
Substandard - Maintenance or
Renovation is Recommended for
Scheduling at Earliest Opportunity
Standard - Maintenance or
Renovation Work is
Recommended to be in
Planning Stage
Not Applicable N/A - Component not Present
or Criteria Inapplicable
0 1
2 3
4 5
6 Site Exterior Coating Interior Coating Safety Sanitary Security Recycled Old Westwinds Tank
City of Victorville, CA
Site Exterior Coating
Interior Coating Safety
Sanitary Security
Inspection summary
3 HIGH RISK
RISK
MITIGATION
LOW RISK
Satisfactory:
Next Inspection
Recommended in 12
months
Standard:
Maintenance or
Renovation Work is
Recommended to be
in Planning Stage
Substandard:
Maintenance or
Renovation is
Recommended for
Scheduling at Earliest
Opportunity
Exterior Column
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Column
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Overflow and Site Overview
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Access Gate and Door
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Dry Interior Ladder and Plumbing
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Dry Interior Bowl and Sidewall
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Dry Interior Ladder and Landing
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Access Tube and Exterior Roof
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Exterior Roof and Coating Defect
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Vent and Screen
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Roof Hatch
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Wet Interior Ladder and Ceiling
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Wet Interior Sidewall and Ceiling
SANITARY:
SAFETY AND SECURITY:
COATINGS AND CORROSION:
STRUCTURE:
Recommendations
Interior Rehabilitation
Spot Repairs During Washout
SP10 Near White Blast
Full Prime
Primer Stripe Coat
100% Solids Epoxy Full Finish Coat
Exterior Rehabilitation
SP2/SP3 Hand and Power Tool
Spot Prime
Full Intermediate Coat
Full Finish Coat
Repairs Updates
Replace t-rail safety climb with a flex cable safety climb on the dry interior ladder Relocate coax and electrical conduit to provide at least 8” clearance to roof surface Client should erect a perimeter fence to prevent unauthorized access to tank site 17 THANK YOU
Attachment E
VMC §2.28.280
Created: 2022-10-14 13:58:24 [EST]
(Supp. No. 50, Update 3)