Brian Gengler, City Engineer
Subject:
Annual Confirmation of Maintenance Assessment Districts for Fiscal Year 2023/2024 Recommendation:
That the Honorable City Council:
(1) Approve Resolution Nos. 23-039, 23-042, 23-045, and 23-048 authorizing the initiation of proceedings for the annual levy of assessments for the Drainage Facilities Assessments Districts, Landscaping Maintenance Assessment Districts, Maintenance Assessment Districts, and the City-Wide Streetlight Assessment District for Fiscal Year 2023/2024;
(2) Approve Resolution Nos. 23-040, 23-043, 23-046, and 23-049 preliminarily approving the consolidated Engineer’s Reports filed in support of the levy of assessments for Fiscal Year 2023/2024; and
(3) Approve Resolutions Nos. 23-041, 23-044, 23-047, and 23-050 declaring its intention to levy the maintenance assessment districts for Fiscal Year 2023/2024 and setting a Public Hearing date of June 20, 2023.
Fiscal Impact:
The recommended approvals will not result in a fiscal impact. Additional appropriations are not required. The planned expenses have been included in the Fiscal Year 2023/2024 proposed budget. The table shown below shows the budget account codes and revenue amounts budgeted for each assessment district.
District Budget Account No. Revenue Budget Amt.
LMAD 1 3705501-40180 $175,959
LMAD 2 3705502-40180 $278,458
LMAD 3 3705503-40180 $175,462
LMAD 4 3705504-40180 $2,955
LMAD 5 3705505-40180 $158,845
LMAD 6 3705506-40180 $877,784
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LMAD 7 3705507-40180 $28,846
LMAD 8 3705508-40180 $111,261
DFAD 1 3705530-40180 $395,288
DFAD 2 3705531-40180 $76,808
DFAD 3 3705532-40180 $86,905
MAD 1 3705550-40180 $86,268
MAD 2 3705551-40180 $64,498
SLAD 2004501-40180 $1,256,000
MAD 3 was established in 2020 and is currently undeveloped. As such, it was not budgeted in the Fiscal Year 2023/2024 proposed budget. The projected revenue amounts above are based on the actual amounts that have been collected in the previous years.
Strategic Plan Goal:
This item aligns with Goal E, Strategy 1 in the Strategic Plan, “Invest in Infrastructure” and “Implement the City’s Capital Improvement Program to meet community needs;” and Goal A, “Financial Sustainability.” Annual assessment revenue supports the expenses for operations, maintenance and improvement of associated landscaping, parks and infrastructure.
Background:
In 1987, the City Council established the first Landscape Maintenance Assessment District (LMAD) to fund the perpetual maintenance of the landscaped areas along major and secondary arterial roadways adjacent to housing developments. In 2003, the City Council established the first Drainage Facilities Assessment District (DFAD) to fund the perpetual maintenance of drainage basins and channels in housing developments. In 2006, the City Council established the first Maintenance Assessment District (MAD) to fund the perpetual maintenance of parks within housing developments. In July of 2013, the City-Wide Street Lighting Assessment District (SLAD) was established to provide a supplemental funding source for the perpetual maintenance of the City’s street lighting, safety lighting, and traffic signal lighting systems and facilities. All of these Assessment Districts were formed under the Landscape and Lighting Act of 1972, Section 22605 of the Streets and Highways Code, Section 22500 et seq. as per the requirements set forth in Proposition 218. Per Section 22624, the Council is first asked to initiate proceedings and order the Engineer’s Reports, preliminarily approve the Engineer’s Reports, and declare intent to levy and set the Public Hearing date. This procedure allows the public to review the Engineer’s Reports and staff to make any needed changes or corrections. The final Engineer’s Reports are presented at a subsequent Public Hearing meeting.
Discussion:
Currently, the City has a total of 15 assessment districts: eight LMADs, three DFADs, three MADs, and one City-Wide SLAD. The Landscape and Lighting Act of 1972 requires an annual confirmation of the assessments to be applied for each parcel within the assessment districts, along with an Engineer’s Report. The Engineer’s Report for each assessment district describes the following: improvements that are maintained; services provided for maintenance and operations; estimated annual expenses; properties 3 1
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assessed in the district; the method of apportionment of the assessment; the calculated assessment per benefit unit; and estimated assessment revenues.
The chart below lists each assessment district, the assessment amount per benefit unit, number of parcels for each assessment district, whether a cost inflator is allowed and, if so, the recommended increase for Fiscal Year 2023/2024.
Type No. Assessment
per Benefit
Unit
Year
Formed
Cost
Inflator
Allowed?
Increase
LMAD 1 $28.14 1987 No 0%
LMAD 2 $147.33 1989 No 0%
LMAD 3 $69.38 1990 No 0%
LMAD 4 $1.64 1997 No 0%
LMAD 5 $141.84 2002 Yes 0%
LMAD 6 $144.70 2003 Yes 0%
LMAD 7 $105.45 2005 Yes 0%
LMAD 8 $165.32 2005 Yes 0%
DFAD 1 $216.46 2003 Yes 0%
DFAD 2 $69.63 2003 Yes 7.32%
DFAD 3 $128.86 2006 Yes 0%
MAD 1 $173.00 2006 Yes 0%
MAD 2 $252.58 2006 Yes 0%
MAD 3 TBD 2020 Yes 0%
SLAD City-Wide $19.46 2013 Yes 15%
A cost escalation of the assessment rate is allowed for cost increases of electric power, administrative costs, and inflation on cost of living. This fiscal year, a 15% increase of the assessment rate for SLAD and 7.32% increase for DFAD 2 are recommended to maintain an adequate cash balance in their corresponding funds. MAD 3 is currently undeveloped and at this time the assessment rate has not been determined. The Engineer’s Reports include more details regarding the number of parcels and how the rates are applied.
These reports can be revised, if needed, to be consistent with the final FY 2023/2024 budget revenues and expenses. The final reports will be presented during the scheduled Public Hearing. If the attached resolutions are approved, the Public Hearing will be held on June 20, 2023.
Therefore, staff recommends that the City Council:
(1) Approve Resolution Nos. 23-039, 23-042, 23-045, and 23-048 authorizing the initiation of proceedings for the annual levy of assessments for the Drainage Facilities Assessments Districts, Landscaping Maintenance Assessment Districts, Maintenance Assessment Districts, and the City-Wide Streetlight Assessment District for Fiscal Year 2023/2024;
(2) Approve Resolution Nos. 23-040, 23-043, 23-046, and 23-049 preliminarily approving the consolidated Engineer’s Reports filed in support of the levy of assessments for Fiscal Year 2023/2024; and
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(3) Approve Resolutions Nos. 23-041, 23-044, 23-047, and 23-050 declaring its intention to levy the maintenance assessment districts for Fiscal Year 2023/2024 and setting a Public Hearing date of June 20, 2023.
Staff remains available for any questions the Council may have.
Attachments: A. Maintenance Assessment Districts Maps
B. Engineer’s Reports
C. Resolution No. 23-039
D. Resolution No. 23-040
E. Resolution No. 23-041
F. Resolution No. 23-042
G. Resolution No. 23-043
H. Resolution No. 23-044
I. Resolution No. 23-045
J. Resolution No. 23-046
K. Resolution No. 23-047
L. Resolution No. 23-048
M.Resolution No. 23-049
N. Resolution No. 23-050
Item Number: 2
City Council / Board of Directors
Consent Calendar
Meeting of: June 20, 2023
Submitted By:
Brenda Hampton, Director of Electric Utility Services
Subject:
Wildfire Mitigation Plan for the City of Victorville Municipal Utility Services Recommendation:
No action is required at this time. The VMUS 2023 Wildfire Mitigation Plan is being presented to the City Council for their review and possible comment.
Fiscal Impact:
There is no fiscal impact associated with this report.
Strategic Plan Goal:
Public Safety
Background:
In 2016, Governor Brown signed Senate Bill (SB) 1028 (stats. 2016), which required publicly owned utilities (POUs) to identify additional wildfire mitigation measures that the POU could take if the POU governing board first found that its overhead electric lines and equipment posed a significant risk of causing a catastrophic wildfire. SB 1028 required that the POU governing board (City Council) must base this determination on “historical fires and local conditions,” and must consult with local fire departments and other entities with responsibilities for the control of wildfires within the relevant area. These requirements were specified in the Public Utilities Code Section 8387.
In 2018, the California Public Utilities Commission (CPUC) completed the development of the statewide Fire Threat Map that designates areas of the state at an elevated risk of electric line-ignited wildfires. Governor Brown signed SB 901 (stats. 2018), which addressed a wide range of issues relating to wildfire prevention, response, and recovery.
SB 901 substantially revised the Public Utilities Code Section 8387, eliminating the prior process established by SB 1028 and instead making it mandatory for all POUs (regardless of size or wildfire risk) to develop a wildfire mitigation plan. Pursuant to the 3 1
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amended Section 8387, all POUs were to present their initial wildfire mitigation plan to its governing board prior to January 1, 2020, and annually thereafter. The City Council adopted the initial Victorville Municipal Utility Services (VMUS) Wildfire Mitigation Plan (plan) at the November 19, 2019, regular city council meeting.
In 2019, two new bills (SB 1054 and SB 111) made additional major reforms relating to wildfires. As part of these reforms, SB 111 created a new state agency, the California Wildfire Safety Advisory Board (WSAB). SB 1054 requires that all POUs must submit their wildfire mitigation plans to WSAB by July 1 of each year beginning in 2020. WSAB reviews the POU plans and provides comments and advisory opinions on the content and sufficiency of the plans.
SB 1054 also requires POUs to conduct a comprehensive review and revision of the adopted wildfire mitigation plan at least every third year, and 2023 is considered a comprehensive review year. The WSAB desires POUs plans to include more comprehensive, concise, and tailored information than previous years.
WSAB has since adopted the Guidance Advisory Opinion for the 2023 Wildfire Mitigation Plans of Electric Publicly Owned Utilities and Cooperatives (Guidance Advisory Opinion) on November 16, 2022, in response to the POU’s 2022 wildfire mitigation plan submittals.
The Guidance and Advisory Opinion offers recommendations to the POU community to achieve the most effective and appropriate wildfire mitigation measures and strategies for their service territories and customers.
Discussion:
VMUS staff have prepared an updated Wildfire Mitigation Plan based on WSAB’s guidance and suggestions (Attachment A). These updates include expanding on the utility overview and context setting, adding sections describing the adoption and submittal process of the plan and where it can be located on the Victorville website, adding a section describing community outreach and public awareness, expanding on the impact of wildfire mitigation plan metrics by providing a table documenting the performance metrics and other minor updates throughout the plan.
Since the 2023 plan required a comprehensive review, VMUS determined that it would be appropriate to have a qualified independent evaluator to review and assess the completeness of the updated VMUS plan. Pursuant to Public Utilities Code, Section 8387, the Victorville Fire Department has reviewed the VMUS wildfire mitigation plan and has provided the evaluation report (Attachment B). The Victorville Fire Department has determined that VMUS complies with this standard due to the construction of VMUS equipment and resources not being located in an area that is considered an elevated or extreme risk of electric line wildfire. Furthermore, since VMUS’ electrical system is mostly underground, Fire staff have concluded that there are minimal risks for wildfires to occur above ground during high fire danger. VMUS staff has reviewed the Victorville Fire Department’s evaluation report and concludes that the plan meets all the required criteria as provided in PUC section 8387.
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As VMUS’ electric distribution system remains underground in conduit and vaults; the risk of powerline-ignited wildfires is minimal. These characteristics, along with VMUS’ small service area create a relatively low likelihood of seeing or causing a catastrophic wildfire.
The utility remains in a low-risk fire threat zone and annually reviews department procedures and operations to ensure low wildfire risk. VMUS’ overarching goal is to provide safe, reliable, and economic electric service to its service territory and VMUS’ Wildfire Mitigation Plan memorializes those efforts.
Staff is available for questions.
Attachments: A. Wildfire Mitigation Plan
B. Independent Evaluation of the VMUS Wildfire Mitigation Plan by the Victorville Fire Department
Attachment A
Wildfire Mitigation Plan
WILDFIRE
MITIGATION PLAN
Revised June 20, 2023
I. Utility Overview and Context 1
A. Utility Description and Context Setting Table 1 B. Statutory Cross-Reference Table 3
C. Process for Utility Adoption and Submittal of Annual WMP and Opportunities for Public Comment 5
D. Description of Where WMP Information Can be Found on Utility Website 5 E. Purpose of the Wildfire Mitigation Plan 5
F. Organization of the Wildfire Mitigation Plan 6 II. Objectives of the Wildfire Mitigation Plan 6 III. Roles and Responsibilities 7
A. Utility Governance Structure 7
B. Wildfire Prevention 8
C. Wildfire Response and Recovery 8
D. Standardized Emergency Management System 9
IV. Wildfire Risks and Drivers Associated with Design, Construction, Operation, and Maintenance 11
A. Particular Risks and Risk Drivers Associated with Topographic & Climatological Risk Factors 11 B. Enterprise-Wide Safety Risks 11
V. Wildfire Preventative Strategies 14
A. Low Fire Threat District 14
B. Design and Construction Standards 14
C. Vegetation Management 15
D. Inspections 15
E. Reclosing Policy 15
F. De-Energization 15
G. Community Outreach and Public Awareness 15
VI. Restoration of Service 15
VII. Plan Evaluation 17
A. Metrics and Assumptions for Measuring Plan Performance 17 B. Impact of Metrics on Plan 18
C. Monitoring and Auditing the Plan 18
D. Identifying and Correcting Deficiencies in the Plan 18 E. Monitoring the Effectives of Inspections 18
VIII. Public and Professional Feedback 19
A. CMUA – Wildfire Preparedness, Response and Recovery Working Group 19 B. Public Input Process 19
TABLE OF CONTENTS
VMUS Wildfire Mitigation Plan
June 20, 2023 1
A. Utility Description and Context Setting Table
Victorville Municipal Utility Services is only a distributor and does not own or operate any generating plants.
The service area for Victorville Municipal Utility Services only includes the Southern California Logistics Airport (SCLA) and the Foxborough Industrial Park. VMUS only serves commercial and industrial customers.
Southern California Edison serves all of the residents of the City of Victorville and any commercial / industrial customer not located within the VMUS territory.
Victorville Municipal Utility Services’ (VMUS) overarching goal is to provide safe, reliable, and economic electric service to its service territories . In order to meet this goal, Victorville Municipal Utility Services constructs, maintains, and operates its electrical lines and equipment in a manner that minimizes the risk of catastrophic wildfire posed by its electrical lines and equipment.
Table 1: Context-Setting Information
Utility Name Victorville Municipal Utility Services (VMUS) Service Territory Size 6 square miles
Owned Assets ☐ Transmission ☒ Distribution ☐ Generation Number of Customers
Served
40 customer accounts
Population Within Service
Territory
N/A people
Customer Class Makeup
Number of Accounts Share of Total Load (MWh)
0% Residential;
0% Government;
0% Agricultural;
0% Small/Medium Business;
100% Commercial/Industrial
0% Residential;
0% Government;
0% Agricultural;
0% Small/Medium Business;
100% Commercial/Industrial
Service Territory
Location/Topography1
0% Agriculture
0% Barren/Other
0% Conifer Forest
0% Conifer Woodland
99% Desert
0% Hardwood Forest
0% Hardwood Woodland
0% Herbaceous
0% Shrub
1% Urban
0% Water
Service Territory 0% Wildland Urban Interface;
0% Wildland Urban Intermix;
1 This data shall be based on the California Department of Forestry and Fire Protection, California Multi-Source Vegetation Layer Map, depicting WHR13 Types (Wildlife Habitat Relationship classes grouped into 13 major land cover types) available at: https://www.arcgis.com/home/item.html?id=b7ec5d68d8114b1fb2bfbf4665989eb3 .
I. UTILITY OVERVIEW AND CONTEXT
VMUS Wildfire Mitigation Plan
June 20, 2023 2
Wildland Urban Interface2
(based on total area)
Percent of Service
Territory in CPUC High Fire
Threat Districts (based on
total area)
☒Includes maps
Tier 2: 0%
Tier 3: 0%
Prevailing Wind Directions
& Speeds by Season
☒ Includes maps
Winter (Dec., Jan., and Feb.): Wind direction is North/North East with an average speed of 4.3K or 4.95 MPH.
Spring (Mar., April, and May): Wind direction is North/North East with an average speed of 6K or 6.9 MPH.
Summer (June, July, and Aug.): Wind direction is North/North East with an average speed of 5.3K or 6.1 MPH.
Fall (Sept., Oct., and Nov.): Wind direction is North/North East with an average speed of 4.3K or 4.95 MPH.
Miles of Owned Lines
Underground and/or
Overhead
Overhead Dist.: 0.06 miles
Overhead Trans.: 0 miles
Underground Dist.: 25.2 miles
Underground Trans.: 0 miles
Explanatory Note 1 – Measurements in Circuit Miles.
Explanatory Note 2 – VMUS owns the electrical infrastructure that is all underground and services industrial and commercial customers only.
Percent of Owned Lines in
CPUC High Fire Threat
Districts
Overhead Distribution Lines as % of Total Distribution System (Inside and Outside Service Territory)
Tier 2: 0%
Tier 3: 0%
Overhead Transmission Lines as % of Total Transmission System (Inside and Outside Service Territory)
Tier 2: 0%
Tier 3: 0%
Customers have ever lost
service due to an IOU PSPS
event?
☐ Yes ☒ No
Have customers ever been
notified of a potential loss
of service to due to a
forecasted IOU PSPS
event?
☐ Yes ☒ No
Has developed protocols
to pre-emptively shut off
electricity in response to
elevated wildfire risks?
☐ Yes ☒ No
2 This data shall be based on the definitions and maps maintained by the United States Department of Agriculture, as most recently assembled in The 2010 Wildland-Urban Interface of the Conterminous United States, available at https://www.fs.fed.us/nrs/pubs/rmap/rmap_nrs8.pdf.
VMUS Wildfire Mitigation Plan
June 20, 2023 3
Has previously pre-
emptively shut off
electricity in response to
elevated wildfire risk?
☐ Yes ☒ No
If yes, then provide the following data for calendar year 2022: N/A.
B. STATUTORY CROSS -REFERENCE TABLE
Table 2: Cross References to Statutory Requirements
Requirement Statutory Language Location in WMP
Persons
Responsible
PUC § 8387(b)(2)(A): An accounting of the responsibilities of persons responsible for executing the plan.
Section 3-B
Objectives of
the Plan
PUC § 8387(b)(2)(B): The objectives of the wildfire mitigation plan.
Section 2
Page: 6
Preventive
Strategies
PUC § 8387(b)(2)(C): A description of the preventive strategies and programs to be adopted by the local publicly owned
electric utility or electrical cooperative to minimize the risk of its electrical lines and equipment causing catastrophic wil dfires, including consideration of dynamic climate change risks.
Section 5
Evaluation
Metrics
PUC § 8387(b)(2)(D): A description of the metrics the local publicly owned electric utility or electrical cooperative plans to use to evaluate the wildfire mitigation plan’s performance and the assumptions that underlie the use of those metrics.
Section 7-A
Impact of
Metrics
PUC § 8387(b)(2)(E) : A discussion of how the application of previously identified metrics to previous wildfire mitigation plan performances has informed the wildfire mitigation plan.
Section 7-B
Deenergization
Protocols
PUC § 8387(b)(2)(F): Protocols for disabling reclosers and deenergizing portions of the electrical distribution system that consider the associated impacts on public safety, as well as protocols related to mitigating the public safety impacts of those protocols, including impacts on critical first responders and on health and communication infrastructure.
Section 5-E & F
Customer
Notification
Procedures
PUC § 8387(b)(2)(G): Appropriate and feasible procedures for notifying a customer who may be impacted by the deenergizing of electrical lines. The procedures shall consider the need to notify, as a priority, critical first responders, health care facilities, and operators of telecommunications infrastructure.
Section 6
Vegetation
Management
PUC § 8387(b)(2)(H): Plans for vegetation management. Section 5-C
Inspections
PUC § 8387(b)(2)(I): Plans for inspections of the local publicly owned electric utility’s or electrical cooperative’s electrical infrastructure.
Section 5-D
VMUS Wildfire Mitigation Plan
June 20, 2023 4
Prioritization of
Wildfire Risks
PUC § 8387(b)(2)(J): A list that identifies, describes, and prioritizes all wildfire risks, and drivers for those risks, throughout the local publicly owned electric utility’s or electrical cooperative’s service territory . The list shall include, but not be limited to, both of the following:
(i) Risks and risk drivers associated with design, construction, operation, and maintenance of the local publicly owned electric utility’s or electrical cooperative’s equipment and facilities.
(ii) Particular risks and risk drivers associated with topographic and climatological risk factors throughout the different parts of the local publicly owned electric u
tility’s or electrical cooperative’s service territory.
Section 4
CPUC Fire
Threat Map
Adjustments
PUC § 8387(b)(2)(K): Identification of any geographic area in the local publicly owned electric utility’s or electrical cooperative’s service territory that is a higher wildfire threat than is identified in a commission fire threat map, and identification of where the commission should expand a high fire threat district based on new information or changes to the environment.
Section 5-A
Enterprise-wide
Risks
PUC § 8387(b)(2)(L): A methodology for identifying and presenting enterprise-wide safety risk and wildfire-related risk.
Section 4-B
Restoration of
Service
PUC § 8387(b)(2)(M): A statement of how the local publicly owned electric utility or electrical cooperative will restore service after a wildfire.
Section 6
Monitor and
Audit
PUC § 8387(b)(2)(N): A description of the processes and procedures the local publicly owned electric utility or electrical cooperative shall use to do all of the following:
(i) Monitor and audit the implementation of the wildfire mitigation plan.
(ii) Identify any deficiencies in the wildfire mitigation plan or its implementation and correct those deficiencies.
(iii) Monitor and audit the effectiveness of electrical line and equipment inspections, including inspections
performed by contractors, that are carried out under the plan, other applicable statutes, or commission rules.
Section 7-C
VMUS Wildfire Mitigation Plan
June 20, 2023 5
Qualified
Independent
Evaluator
PUC § 8387(c): The local publicly owned electric utility or electrical cooperative shall contract with a qualified
independent evaluator with experience in assessing the safe operation of electrical infrastructure to review and assess the comprehensiveness of its wildfire mitigation plan. The
independent evaluator shall issue a report that shall be made available on the Internet Web site of the local publicly owned electric utility or electrical cooperative, and shall present the report at a public meeting of the local publicly owned electric utility’s or electrical cooperative’s governing board.
https://www.victorvil
leca.gov/home/show
publisheddocument/
4157/637262615505
930000
C. PROCESS FOR ADOPTION AND SUBMITTAL OF VMUS’ ANNUAL WMP
AND OPPORTUNITIES FOR PUBLIC COMM ENT
VMUS is governed by the Victorville City Council. This plan was brought forth to the City Council and members of the public on June 21 2022. Due to the adoption of the plan not requiring a notice of public hearing or any special noticing requirements, the noticing of the plan followed the City’s standards per the Brown Act. The agenda was posted a week in advance and public comment is a section of the agenda where members of the public can speak freely on any item on the agenda. Members of the public are given three minutes to speak on their items; at the time of the plan’s adoption, there were no speakers.
D. DESCRIPTION OF WHERE WMP INFORMATION CAN BE FOUND ON THE
CITY OF VICTORVILLE WEBSITE
Victorville Muni cipal Utility Service ’s current and historical Wildfire Mitigation Plan are available on the City of Victorville ’s website (www.victorvilleca.gov ). Once on the City’s website, Utilities can be fou nd under the listing of City departments. The Wildfire Mitiga tion Plans , both past and present, can be accessed by following the link for Utilities forms and publications.
E. PURPOSE OF THE WILDFIRE MITIGATION PLAN
Victorville Municipal Utility Services electric supply system is located underground in conduit and vaults.
Historically, undergrounded electric lines have not been associated with catastrophic wildfires. The undergrounding of electric lines serves as an effective mitigation measure to reduce the potential of power- line ignited wildfires. Based on a review of local conditions and historical fires, VMUS has determined that its electrical lines and equipment do not pose a significant risk of catastrophic wildfire.
Despite this low risk, VMUS takes appropriate actions to help its region prevent and respond to the increasing risk of devastating wildfires. In its role as a public agency, VMUS closely c oordinates with other local safety and emergency officials to help protect against fires and respond to emergencies. In its role as a utility, VMUS follows all applicable design, construction, operation, and maintenance requirements that reduce safety risk s associated with its system. This Wildfire Mitigation Plan describes the safety -related measures that VMUS follows to reduce its risk of causing wildfires.
VMUS Wildfire Mitigation Plan
June 20, 2023 6
F. ORGANIZATION OF THE WILDFIRE MITIGATION PLAN
This Wildfire Mitigation Plan includes the following elements:
• Utility Overview and Context
• Objectives of the Plan;
• Roles and Responsibilities for Carrying Out the Plan; • Identification of Key Wildfire Risks and Risk Drivers; • Description of Wildfire Prevention, Mitigation, and Response Strategies and Programs; • Metrics for Evaluating the Performance of the Plan and Identifying Areas for Improvement;
• Annual and Historical Results for Metrics;
• Description of Community Outreach and Education
The primary goal of this Wildfire Mitigation Plan is to describe VMUS’ existing programs, practices, and measures that effectively reduce the probability that VMUS’ electric supply system could be the origin or contributing source for the ignition of a wildfire. To support this goal, VMUS regularly evaluates the prudent and cost-effective improvements to its physical assets, operations, and training that can help reduce the risk of equipment-related fires.
The secondary goal of this Wildfire Mitigation Plan is to improve the resiliency of the electric grid. As part of the development of this plan, VMUS assesses new industry practices and technologies that will reduce the likelihood of an interruption (frequency) in service and improve the restoration (durati on) of service.
II. OBJECTIVES OF THE WILDFIRE MITIGATION PLAN
VMUS Wildfire Mitigation Plan
June 20, 2023 7
A. UTILITY GOVERNANCE STRUCTURE
The City of V ictorville is a general law city that operates under a Council -Manager form of government.
VMUS is governed by a five -member City Council. The council appoints the City Manager, who oversees the daily operations of the City.
III. ROLES AND RESPONSIBILITIES
VMUS Wildfire Mitigation Plan
June 20, 2023 8
B. WILDFIRE PREVENTION
VMUS staff is responsible for electric facility design, maintenance, and inspection, including vegetation management. Although VMUS’ electrical distribution system is 100% underground, VMUS follows best practices to prevent ignition of wildfires from its equipment. These items include:
• VMUS performs routine maintenance of all distribution facilities. • VMUS adheres to a seasonal weed abatement and vegetation management schedule to maintain at-risk sites.
• VMUS maintains GO95, GO165, and GO174 standard clearances as part of regular maintenance cycles.
• VMUS abides by the National Electric Safety Code (NESC) Rule 012 and Rule 218 standards to abate trees, shrubs, weeds, and grass at all VMUS facilities. • Electric system operates in a manner that will minimize potential wildfire risks. • Take all reasonable and practicable actions to minimize the risk of a catastrophic wildfire caused by VMUS electric facilities.
• Coordinate with federal, state, and local fire management personnel as necessary or appropriate to implement VMUS’ Wildfire Mitigation Plan. • Immediately report fires to local fire departments, VMUS administration, and other City Officials, pursuant to existing VMUS practices and the requirements of this Wildfire Mitigation Plan.
• Coordinate with City Emergency Operations Center to disseminate safety warning s, emergency public information, and evacuation notices to local businesses. • VMUS adheres to City of Victorville personnel code 2.36 for Employee Disaster Notification and Reporting.
• Take corrective action when the staff witnesses or is notified that fire protection measures have not been properly installed or maintained.
• Comply with relevant federal, state, and industry standard requirements, including the industry standards established by the California Public Utilities Commission (CPUC).
Strategies for mitigating general wildfire spread, such as building standards and community -wide vegetation management standards, are developed, and enforced by state and local government entities with the appropriate authority. VMUS, in its role as an electric utility, does not have authority over these strategies and the WMP is not an appropriate planning document for developing these requirements.
Instead, VMUS will follow the requirements and guidance of the appropriate authorities.
C. WILDFIRE R ESPONSE AND RECOVERY
VMUS field staff utilize hard line telephones, cellular telephones, and portable radios to communicate with internal and external stakeholders during an outage or emergency. VMUS’ Outage Manage ment System auto generates notifications to field and administrative staff . The City of Victorville maintains a two-way UHF band radios for communications enhanced by two DMR repeaters to extend the coverage area. The City radios can have up to 1,024 channels; of which twenty are currently programmed channels (eleven use repeaters and nine are simplex).
The City of Victorville owns one Iridium satellite phone that is issued to the City’s Emergency Management Coordinator or his designee during an emergency. VMUS, along with other key City personnel, have access to a Government Emergency Telecommunications Services (GETS) card and
VMUS Wildfire Mitigation Plan
June 20, 2023 9
PIN provided by Homeland Security to allow for the capability to respond to National Security and Emergency Preparedness (NS/EP) events. Using the Wireless Priority Services (WPS) with GETS can increase the probability of a call completion in both wireless and wireline networks.
In addition to the City of Victorville Fire Department, Mission Fire Rescue (Mission) services the Southern California Logistics Airport. VMUS and airport staff are able to communicate with Mission Fire Rescue through 400-megahertz radios or by calling their station directly. Additionally, the control tower has a direct line to Mission’s fire station , which rings throughout the station and open s the bay doors alerting them of an emergency.
CONFIRE provides dispatch services for the City of Victorville Fire Department and Mission. They have the capability of patching in Apple Valley Fire Protection District, CAL FIRE, and contacting several other agencies such as Southwest Gas, Southern California Edison, AMR and other local agencies to assist in an emergency. CONFIRE also functions as the operational area dispatch for the County of San Bernardino and can coordinate mutual aid as needed.
At the county level, a San Bernardino County Emergency Operations Center (EOC) talk group is programmed into an 800-megahertz frequency band radio and is used to communicate with EOCs within San Bernardino County during a disaster or emer gency. The City of Victorville contracts with San Bernardino County Sheriffs. They too utilize 800-megahertz frequency band radios to communicate and have the capability to patch in California Highway Patrol, CAL FIRE, and other county resources to assist during emergencies.
City of Victorville also maintains a reporting hotline to notify the city for code violations, hazards, safety concerns, and overgrown landscaping and weeds. Additionally, the City allows its constituency to report any code violations online via the City’s website. VMUS adheres to California Public Utility Commission GO 95, 165, and 174 for all system infrastructure inspection, maintenance, and reporting.
D. STANDARDIZED EME RGENCY MANAGEMENT SYSTEM
As a local governmental agency 3, VMUS has planning, communication, and coordination obligations pursuant to the California Office of Emergency Services’ Standardized Emergency Management System (SEMS) Regulations4, adopted in accordance with Government Code section 8607. Any communications by VMUS during an active emergency, such as a wildfire, will be in accordance with SEMS and will be at the direction of the entity responsible for disseminating information about the emergency.
The SEMS Regulations specify roles, responsibilities, and structures of communications at five different levels: field response, local government, operational area, regional, and state.5 Pursuant to this structure,
3 As defined in Cal. Gov. Code § 8680.2
4 19 CCR § 2407
5 Ca. Gov. Code § 2403(b):
[1] “Field response level” commands emergency response personnel and resources to carry out tactical decisions and activities in direct response to an incident or threat. [2] “Local government level” manages and coordinates the overall emergency response and recovery activities within their jurisdiction.
[3] “Operational area level” manages and/or coordinates information, resources, and priorities among local governments within the operational area and serves as the coordination and communication link between the local government level and the regional level.
[4] “Regional level” manages and coordinates information and resources among operational areas within the mutual aid region designated pursuant to Government Code §8600 and between the operational areas and the state level. This level along with the state level coordinates overall state agency support for emergency response activities. [5] “State level” manages state resources in response to the emergency needs of the other levels, manages and coordinates mutual aid among the mutual aid regions and between the regional level and state level, and serves as the coordination and communication link with the federal disaster response system.
VMUS Wildfire Mitigation Plan
June 20, 2023 10
VMUS annually coordinates and communicates with the relevant safety agencies as well as other relevant local and state agencies. When activated, VMUS serves as the Utilities Unit Leader under the Operations Section Chief as part of the City V ictorville Emergency Operations Center. In the event that the incident centered on VMUS facilities, VMUS would serve as the Operations Section Chief.
Under the SEMS structure, a significant amount of preparation is done through advanced planning at the county level, including the coordination of effort of public, private, and nonprofit organizations. San Bernardino County serves as the Operational Area and is guided by the California Office of Emergency Services Southern Region. The Operational Area includes local and regional organizations that bring relevant expertise to the wildfire prevention and recovery planning process. These participants are listed below:
Agency Address Contact Phone No.
AMR, American Medical
Response
14828 7th Street
Victorville, CA 92392
Administration 760.952.7400
Kaiser Permanente High Desert
Medical Offices
14011 Park Ave.
Victorville, CA 92392
Administration 833.574.2273
St. Mary’s Hospital Medical
Center
18300 Highway 18
Apple Valley, CA 92307
Administration 760.242.2311
Desert Valley Hospital 16850 Bear Valley Rd.
Victorville, CA 92395
Administration 760.241.8000
Victorville Municipal Utility
Services
18374 Phantom West
Victorville, CA 92394
Hotline 877.760.8687
Victorville Municipal Utility
Services
18374 Phantom West
Victorville, CA 92394
Administration 760.243.6340
Victorville Municipal Utility
Services – Management
18374 Phantom West
Victorville, CA 92394
Director of Utilities 760.243.6341
Victorville Fire Department 14343 Civic Drive
Victorville, CA 92392
Fire Chief 760.955.5233
Victorville Fire Department 14343 Civic Drive
Victorville, CA 92392
Division Chief 760.955.5231
Victorville Fire Department 14343 Civic Drive
Victorville, CA 92392
Emergency Medical
Services Coordinator
760.955.5237
Victorville Fire Department 14343 Civic Drive
Victorville, CA 92392
Emergency Management
Coordinator
760.243.6344
SCLA – Airport Operations 18374 Phantom West
Victorville, CA 92394
Hotline 760.243.1915
SCLA Management
18374 Phantom West
Victorville, CA 92394
Airport Director 760.243.1910
Victorville – Police Department
14176 Amargosa Rd.
Victorville, CA 92392
Police Chief 760.241.2911
Victorville – Public Works 14177 Mc Art Rd.
Victorville, CA 92392
Director 760.243.6332
Victorville – City Management 14343 Civic Drive
Victorville, CA 92392
City Manager
760.955.5029
Victorville – City Management 14343 Civic Drive
Victorville, CA 92392
PIO 760.955.5028
Victorville – Traffic &
Transportation
14343 Civic Drive
Victorville, CA 92392
Traffic Engineer 760.955.5156
San Bernardino County: Dept. of
Environmental Health
385 N. Arrowhead Ave. #2
San Bernardino, CA 92415
Administration 800.782.4264
Mission Aviation Fire Rescue 1055 E. 3rd Street
Corona, CA 92879
Administration 844.321.2733
Mission Aviation Fire Rescue –
Station 319
18550 Readiness St.
Victorville, CA 92394
Fire Chief 760.246.6479
VMUS Wildfire Mitigation Plan
June 20, 2023 11
Pursuant to the SEMS structure, VMUS participates in annual training exercises. Train ing exercises include workshops and tabletop exercises. A sample of topics covered include earthquake safety, disaster response & management, and NIMS/SEMS/ICS compliance.
A. PARTICULAR RISKS AND RISK DRIVERS ASSOCIATED WITH
TOPOGRAPHIC AND CLIMATOLOGIAL RISK FACTORS
Due to VMUS’s distribution system being 100% underground, the primary risk drivers for wildfire within VMUS’s service territory are the following:
• Earthquake
• Flooding
B. ENTERPRISE -WIDE SAFETY RISKS
Earthquake profile - There are two major faults/fault zones that directly affect VMUS. They are the San Andreas Fault and the Helendale Fault zones. The City of Victorville sits in the middle of both faults. The San Andreas Fault is the longest fault in California and is know n to cause powerful eart hquakes, as big as a magnitude eight (8.0).6 This fault is located south -west of Victorville. The Helendale Fault creates smaller, yet more frequent earthquakes and is located north east of the city. The mo st recent major earthquake to affect the City of Victorville was the Ridgecrest earthquake, approximately 82 miles north of the city. This earthquake struck July 5, 2019 and had a magnitude of 7.1.
Large earthquakes occurring in many parts of the Souther n California region could affect the City of Victorville. However, the degree to which the earthquakes are felt, and the damages associated with them may vary. At risk from earthquake damage are critical facilities, buildings, bridges, highways and roads; hazardous materials facilities; sewer, water, natural gas pipelines; earth dams; petroleum pipelines; and private property located in the city. The relative or secondary earthquake hazards, which are liquefaction, ground shaking, amplification, and earthquake -induced landslides, can be just as devasta ting as the earthquake.
Flooding profile - There are four types flooding conditions that exist within the City of Victorville area; flooding in defined watercourses; ponding; sheet flow; and dam inundation. Flooding within defined watercourses occurs wit hin drainage channels and immediately adjacent floodplains. Ponding occurs when water flow is obstructed due to manmade obstacles and other roadways, where they cross-defined watercourses. Sheet flow occurs when capacities of defined watercourses are exceeded, and water flows over broad areas.
6 https://www.earthquakeauthority.com/California-Earthquake-Risk/Faults-By-County IV. WILDFIRE RISKS AND DRIVERS ASSOCIATED WITH DESIGN,
CONSTRUCTION, OPERATION, AND MAINTENANCE
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June 20, 2023 12
Known flood-prone areas noted in the General Plan as well as recorded in city maintenance files, include:
DIR STREET DISTANCE DIRECTION CROSS STREET DIR
N/S Rancho Rd Manning St W/B
S/S Rancho Rd 100 E/O EL Evado Rd E/B
W/S Enramada Rd 100 N/O Cahuenga Rd S/B
E/S Enramada Rd 150 S/O Cahuenga Rd S/B
E/S Cahuenga Rd 150 N/O Hopland St N/B
/S El Evado Figueroa Rd S/B
E/S El Evado 100 N/O Tawney Ridge Ln N/B
S/S Clovis St 350 W/O Orick Pl E/B
N/S Clovis St Orick Pl W/B
N/S Eto Camino Rd 25 E/O Barranca Way W/B
S/S Eto Camino Rd 25 E/O Cazadero Rd E/B
S/S Tawney Ridge Ln 20 E/O Sueno Ln E/B
N/S Tawney Ridge Ln GreenHill Dr. W/B
N/S La Mesa Rd 40 W/O Pacoima Rd W/B
E/S Amethyst Rd 100 S/O Sierra Rd N/B
S/S Bear Valley Rd 300 E/O Amethyst Rd N/B
N/S Bear Valley Rd 150 W/O Dunia Rd W/B
W/S Avalon Rd 20 N/O Molino Dr. S/B
E/S Avalon Rd 75 N/O Hughes Rd N/B
N/S Hughes Rd 150 E/O Avalon Rd W/B
S/S Hughes Rd 700 W/O Avalon Rd E/B
S/S Pebble Beach Dr. 25 W/O Arrowhead Dr. E/B
N/S Pebble Beach Dr. 300 E/O Arrowhead Dr. W/B
W/S 1st Ave Talpa St S/B
N/S 1st Ave 50 E/O Dean Ave W/B
W/S 2nd Ave 50 S/O Talpa St S/B
E/S 2nd Ave 25 N/O Kayuga St N/B
N/S Kayuga St 50 W/O 2nd Ave W/B
S/S Kayuga St 50 E/O 3rd Ave E/B
S/S Ponca St 50 E/O 3rd Ave E/B
N/S Ponca St 25 W/O 2nd Ave W/B
E/S Dean Ave 100 S/O Calcite Ave N/B
W/S Dean Ave 50 N/O Grant St S/B
W/S Calcite Ave 25 N/O Calcite Pl S/B
E/S Calcite Ave 300 S/O Dean Ave N/B
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June 20, 2023 13
W/S Cobalt Rd 25 S/O Palmdale Rd S/B
E/S Cobalt Rd 25 N/O Cameron St N/B
N/S Luna Rd 200 W/O Topaz Rd W/B
S/S Luna Rd 200 E/O HWY 395 E/B
W/S Cantina Dr. 100 S/O La Mesa Rd S/B
E/S Cantina Dr. 400 N/O Bear Valley Rd N/B
S/S Bear Valley Rd 300 E/O HWY 395 E/B
S/S Bear Valley Rd 400 E/O Topaz Rd E/B
N/S Bear Valley Rd 500 E/O Topaz Rd W/B
W/S Cobalt Rd 500 N/O Bear Valley Rd S/B
W/S Cobalt Rd 50 S/O Bear Valley Rd S/B
E/S Cobalt Rd Homestead Dr. N/B
E/S Cobalt Rd 200 N/O Sycamore St N/B
S/S Sycamore St 200 E/O Richmond Ave E/B
N/S Sycamore St 20 E/O Chisholm Tr. W/B
N/S La Mesa Rd 50 W/O Wrangler Ln W/B
S/S La Mesa Rd 200 W/O Stanford Dr. E/B
S/S La Mesa Rd 100 E/O Mesa Linda Ave E/B
W/S Monte Vista Rd 300 S/O Palmdale Rd S/B
N/S Bear Valley Rd 350 W/O HWY 395 W/B
S/S Bear Valley Rd 200 E/O Monte Vista Rd E/B
E/S Monte Vista Rd 300 S/O Maricopa Rd N/B
VMUS Wildfire Mitigation Plan
June 20, 2023 14
A. LOW FIRE THREAT D ISTRICT
The CPUC’s Fire Threat Map includes three Tiers/Levels of fire threat risk. Tier 1 consists of areas that have the lowest hazards and risks, tier 2 consists of areas where there is an elevated risk for destructive electric line- ignited wildfires, and tier 3 consists of areas where there is an extreme risk for destructive electric line-ignited wildfires. The City of Victorville is located in Tier 1. Despite the city’s classification of Tier 1 , VMUS is cognoscente of the potential dangers; and therefore, VMUS has and will continue to construct its entire distribution system underground and limit overhead construction to sub-transmission interconnections.
https://capuc.maps.arcgis.com/apps/webappviewer/index.html?id=5bdb921d747a46929d9f00dbdb6d0fa2
Additionally, VMUS customers are unlikely to be directly impacted by an investor-owned utility (IOU) public safety power shutoff (PSPS) event because VMUS is not on the Southern California Edison’s PSPS circuit.
B. DESIGN AND CONSTRUCTION STANDARDS
VMUS’ electric facilities are designed and constructed to meet or exceed the relevant federal, state, or industry standard. VMUS treats CPUC General Orders (GO) 95 and 128 as a key industry standard for design and construction standards for underground electric al facilities. VMUS meets or exceeds all standards in GO 95 and 128. Additionally, VMUS monitors and follows, as appropriate, the National Electric Safety Code.
V. WILDFIRE PREVENTATIVE STRATEGIES
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June 20, 2023 15
C. VEGETATION MANAGEMENT
VMUS meets or exceeds the minimum industry standard vegetation management practices. For distribution level facilities, VMUS meets: (1) Public Resources Code section 4292; (2) Public Resources Code section 4293; (3) CPUC GO 95, 128, 165, and 174. VMUS’ annual budget includes funding for weed abatement to ensure compliance with the standard vegetation management practices. VMUS’ system is almost entirely undergrounded; thus the system has minimal to no vegetation risks. Any overhead construction in the VMUS system is built in areas with no vegetation.
D. INSPECTIONS
VMUS meets or exceeds the minimum inspection requirements provided in CPUC GO 165 and 174. As described above, VMUS currently has 7 sub-transmission power poles and no overhead distribution power lines located within or near a Tier 2 or Tier 3 Fire Threat District; however, VMUS staff uses their knowledge of the specific environmental and geographical conditions of VMUS’ service territ ory to determine if any particular areas require more frequent inspections. Due to small size of the VMUS electrical system, staff is able to inspect the entire system on an almost daily basis.
If VMUS staff discovers a facility in need of repair that is owned by an entity other than VMUS, VMUS will issue a notice to repair to the facility owner and work to ensure that necessary repairs are completed promptly.
E. RECLOSING POLICY
VMUS’ electrical system is primarily underground and has no automatic re -closures in service. In a relayed event, re-closures will be handled on a case-by-case basis after circuit and equipment inspections have been performed.
F. DE-ENERGIZATION
VMUS has the authority to preemptively shut off power due to fire -threat conditions; however, this option will only be used in extraordinary circumstances. Due to the minimal risk of VMUS’ electrical supply facilities causing a power -line ignited wildfire, VMUS is not adopting specific protocols for de -energizing any portions of its elect ric distribution system. VMUS will re-evaluate this determination in future updates to this Wildfire Mitigation Plan.
G. COMMUNITY OUTREACH AND PUBLIC AWARENESS
Due to the small proximity of our customer base, we are able to keep in close contact with our customers via email or phone call. Our Customer Contact list is updated annually to ensure that the contact information that is on file is the most up to date. We utilize this contact list to inform our customers of any planned outages and to deliver any other pertinent information.
VMUS’ electric distribution system is completely underground. However, we are interconnected with SCE’s transmission and distribution systems, much of which is overhead and exposed to wind, rain and lightning.
VI. RESTORATION OF SERVICE
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June 20, 2023 16
This is our primary source of vulnerability to pote ntial electrical service interruptions during rain and windstorms such as the ones that can be precipitated by El Niño.
Our underground electric distribution system is designed, and has b een constructed, with redundant sources of feed. These do not guarantee the elimination of outages but can facilitate service restoration and reduce the duration of such outages. VMUS is in compliance with all relevant federal, state and local resource planning standards, including contingencies for generation and transmission losses or outages due to any unplanned event.
Preparation in advance of predicted storms: Since, as discussed in the introduction, our primary trouble source during storms is outages on SCE’s transmission and distribution lines, many of which are overhead, we will patrol, to the extent practical, SCE’s primary i nterconnect lines for any potential trouble spots or vulnerabilities. We will also double check the loading conditions of our underground lines to satisfy ourselves that alternate sources have the capacity to serve the electric load (customers) in the even t that it is necessary.
Our underground system will be patrolled in advance of storms for any open trenches or excavations at construction sites to minimize water intrusion into the underground system. Although the underground system is designed to operate under such conditions, small pinholes in splices or cable can cause problems, including possible electrical shorts/faults that can interrupt service to customers. Likewise, after the storm, each underground vault, manhole or other structure will be inspec ted for water intrusion and pumped, when necessary, in accordance proper utility practice and environmental guidelines.
All vehicular equipment, tools , and appurtenances will be thoroughly inspected for proper operation. All operating personnel will be pla ced on standby in the event of weather-related problems. The VMUS operations and admin staff will be prepared for handling of trouble calls from customers and dispatching to field personnel.
Call Center support includes:
• Outage Management System (OMS)
• Field Dispatching
• Coordinating with VMUS’ Qualified Emergency Electrical contractors
• Customer Callbacks
Response Prioritization:
• First Priority: Response to imminent threats to life and/or public property
• Second Priority: Removals of immediate hazards (fallen trees, power poles, etc.)
• Third Priority: Clearing of arterial roadways
• Fourth Priority: Maintenance of traffic control/closures to prevent potential accidents • Fifth Priority (Post Storm Activity): Follow-up work such as addressing storm-related potholes and residual clean-up of all streets that have remained in a "passable and drivable" state
Referral Protocol:
VMUS Wildfire Mitigation Plan
June 20, 2023 17
• Flooding of structures on private property- Businesses will be advised to call 911 for Fire Department assistance
• Facilities associated with private utilities will be referred to appropriate company • All storm related issues involving streets, curbs and gutters, sidewalks, trees in the right of way, catch basins, and miscellaneous drainage facilities will be referred to the City’s Maintenance and Operations Division.
During EOC activation period, all routine maintenance programs and requests will be suspended and deferred.
A. METRICS AND ASSUMPTIONS FOR MEASURING PLAN PERFORMANCE
VMUS will track the following metric to measure the performance of this Wildfire Mitigation Plan:
Number of fire ignitions caused by utility equipment.
1. Metric 1: FIRE IGNITIONS
For purposes of this metric, a fire ignition is defined as follows:
• VMUS facility was associated with the fire;
• The fire was self -propagating and of a material other than electrical and/or communication facilities;
• The resulting fire traveled greater than one linear meter from the ignition point; and • VMUS has knowledge that the fire occurred.
In future Wildfire Mitigation Plans, VMUS will provide the number of fires that occurred that were less than one (1) acre in size within VMUS’ service territory. Any fires greater than one acre will be individually described.
VII. PLAN EVALUATION
VMUS Wildfire Mitigation Plan
June 20, 2023 18
B. IMPACT OF METRICS ON PLAN
C. MONITORING AND AUDITING THE PLAN
This Wildfire Mitigation Plan will be presented to the Victorville City Council. VMUS staff will review the plan on an annual basis and bring updates to the Council as needed.
D. IDENTIFYING AND CORRECTING DEFICIENCIES IN THE PLAN
There has been no need to correct or change any processes of the plan due to zero wildfire threats causing outages or ignitions. Any deficiencies identified during subsequent reviews and independent evaluations of the plan will be promptly corrected.
E. MONITORING THE EFFECTIVENESS OF INSPECTIONS
VMUS’ Utility Maintenance Management System (UMMS) is used to collect all data subject to GO165.
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June 20, 2023 19
Quarterly inspection and maintenance reports are generated for all electric distribution facilities .
Maintenance history for each piece of equipment is archived in the UMMS. Additionally, VMUS’ substation inspection and maintenance program complies with GO174 guidelines as well as manufacturer specifications, standards, and recommendations. VMUS performs regular inspections of all substation components including recording and analysis of all alarms, fluid levels, meters, and Load Tap Changer settings.
Although VMUS does not fall under the jurisdiction of the California Public Utilities Commission (CPUC), VMUS would cooperate with the CPUC’s Utilities Safety and Reliability Branch and their requests for periodic audits.
A. CMUA – Wildfire Preparedness, Response and Recovery Working Group The California Municipal Utilities Association (CMUA) will be holding a special meeting of its Wildfire Preparedness, Response, and Recovery Working Group this fall, which will be focused on risk drivers for powerline caused catastrophic wildfires and innovati ve mitigation options. CMUA plans to invite a broad range of utility staff, state agency staff (including the WSAB), industry experts, and academics to participate in this discussion. As part of this meeting, the working group will discuss unidentified wi ldfire risk drivers and mitigation measures that could address these risks. Based on the input provided during this meeting, CMUA will produce a publicly available, post-meeting report that summarizes the group’s conclusions and recommendations. VMUS’ staff will participate in CMUA’s meeting and will discuss any changes that VMUS has made to its operations in response to the conclusions and recommendations of the working group in a future WMP.
B. Public Input Process
VMUS is governed by the Victorville C ity Council. This plan was brought forth to the City Council and members of the public on June 21 2022. Due to the adoption of the plan not requiring a notice of public hearing or any special noticing requirements, the noticing of the plan followed the City’s standards per the Brown Act. The agenda was posted a week in advance and public comment is a section of the agenda where members of the public can speak freely on any item on the agenda. Members of the public are given three minutes to speak on their items; at the time of the plan’s adoption, there were no speakers.
The next adoption of the plan by t he Victorville City Council will be in 2024. At this time, VMUS will engage the public via a comment box on the City’s website with a draft plan, seeking public review and suggestions; any suggestions provided will be discussed and incorporated into the plan as needed. Staff will advise customers via email of the availability to review the plan and provide feedback.
1 Appendix I: 2021 Informational Response has been removed as the information has been incorporated into the overall plan, per the California Wildfire Safety Advisory Board.
VIII. Public & Professional Feedback
Attachment B
Independent Evaluation of the VMUS Wildfire
Mitigation Plan By the Victorville Fire Department
Item Number: 3
City Council / Board of Directors
Consent Calendar
Meeting of: June 20, 2023
Submitted By:
Sophie Smith, Deputy City Manager / City Treasurer
Subject:
Presentation of Resolution No. 23-052 – Confirming the Annual Special Tax Amount to be Levied in Community Facilities District (“CFD”) 01-01 for Fiscal Year 2023-2024 (Mello-Roos); and presentation of Resolution No. 23-053 – Confirming the Annual Special Tax Amount to be Levied in Community Facilities District (“CFD”) 07-01 for Fiscal Year 2023-2024 (Mello-Roos).
Recommendation:
That the City Council adopt Resolution No. 23-052 to confirm the annual special tax to be applied to property taxes of CFD 01-01 affected parcels and adopt Resolution No. 23-053 to confirm the annual special tax to be applied to property taxes of CFD 07-01 affected parcels.
Fiscal Impact:
The annual special tax to be applied to property taxes of CFD 01-01 affected parcels totals $278,091.52 for Fiscal Year 2023-2024. The special tax is recorded in account 6110010-40100 CFD 01-01 Property Tax Revenue when received from the County.
The annual special tax to be applied to property taxes of CFD 07-01 affected parcels totals $183,483.74 for Fiscal Year 2023-2024. The special tax is recorded in account 6120010-40100 CFD 07-01 Property Tax Revenue when received from the County.
The special tax for each district is calculated to cover the annual amount of the bond debt service and all administration expenditures of the CFDs; therefore, there is no cost to the City for the CFDs.
Strategic Plan Goal:
This item aligns with Goal A, “Financial Stability”. The annual special tax collected provides the revenue source that is pledged for debt service payments on bond indebtedness and all administration expenditures of the CFDs. 3 1
6 4
Background:
The City Council, at their meeting of August 7, 2001, established the Community Facilities District 01-01 by the adoption of Ordinance No. 1951 for the purpose of incurring bond indebtedness to provide revenue to perform certain works of public improvement in the area known as Eagle Ranch. These projects include street paving and signage, sewer improvements, drainage and other road improvements, and parks and public safety improvements.
The City Council, at their meeting of June 19, 2007, established the Community Facilities District 07-01 by the adoption of Ordinance No. 2200 for the purpose of incurring bond indebtedness to provide revenue for public facilities in the western portion of the City of Victorville. Bond proceeds were used for City costs relating to eligible development impact fee facilities, consisting of in-tract improvements relating to the residential development within the District, and for deposit to development impact fee program in connection with construction of La Mesa/Nisqualli/I-15 Interchange to provide traffic congestion relief for this area, as approved in the bond documents and in connection with the Fee Credit Agreement dated February 1, 2011 between the City and Western Pacific Housing, Inc.
Discussion:
Community Facilities District 01-01 contains 899 parcels and is comprised of approximately 258.50 gross acres located in the southern portion of the City of Victorville.
A map is attached showing the area the District is located (Attachment A). The APN numbers and property addresses are also included as an attachment to the resolution for reference (Attachment B). The establishment of the District included the annual determination of tax levy required to meet the bond obligations and to direct the County Auditor-Controller/Treasurer/Tax Collector to apply the special levy to all parcels within the Community Facilities District. The bonds were issued in the amount of $1,040,000 in 2002 and $3,245,000 in 2005. The bond obligations will continue until September 2032 for the first bond issue and until September 2035 for the second bond issue.
Community Facilities District 07-01 contains 249 parcels and is located within the area having the west border of Topaz Road, east border of Diamond Road, north border of Mojave Drive and south border of Hook Boulevard. A map is attached showing the area the District is located (Attachment C). The APN numbers and property addresses are also included as an attachment to the resolution for reference (Attachment D). The establishment of the District included the annual determination of the special tax levy required to meet the bond obligations and to direct the County Auditor- Controller/Treasurer/Tax Collector to apply the special levy to all parcels within the Community Facilities District. The bonds were issued in the amount of $2,815,000 in 2012, and the bond obligations will continue until September 2042.
In addition to the assessments required for the bond obligations, the levies include an administrative fee which pays various fees relating to the administration of the Districts as well as the consulting services of Willdan Financial Services, who calculate the 3 1
6 4
assessment amounts, applies them to the tax rolls, and administers the work related to the delinquent accounts.
Staff recommends approval of Resolution No. 23-052 to order the annual special tax to be applied to property taxes of affected parcels within CFD No. 01-01, as authorized by Ordinance No. 1951 and approval of Resolution No. 23-053 to order the annual special tax to be applied to property taxes of affected parcels within CFD No. 07-01, as authorized by Ordinance No. 2200.
Attachments: A. Map of CFD 01-01
B. Resolution No. 23-052
C. Map of CFD 07-01
D. Resolution No. 23-053
Attachment B
Resolution No. 23-052
RESOLUTION NO. 23-052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE CONFIRMING THE ANNUAL SPECIAL TAX
AMOUNTS TO BE LEVIED AGAINST THE PARCELS
WITHIN THE COMMUNITY FACILITIES DISTRICT 01-01
FOR THE TAX YEAR 2023-2024
WHEREAS, the City of Victorville ha s, by Ordinance No . 1951, authorized the levy of a special tax with in the Community Facilities Di strict No. 01- 01, under the provisions of Chapter 2.5, Part 1, Division 2, Title 5 (commencing with Section 53311 of the California Government Code, commo nly known as the “Mello-Roos Community Facilities Act of 1982”); and
WHEREAS, Ordinance No. 1951 aut horizes that t he special tax be determined each year by resolution and shall not exceed that set forth in the rate and method of apportionment; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the assessments are determined to be in accordance with the methodology set forth in Ordinance No. 19 51, authorizing the levy and the tax methodology of the special tax in the Community Facilities District No. 01-01. The list of assessments for the annexed area are shown in Attachment “1” attached hereto and are on file in the Finance Division of the City of Victorville.
SECTION 2. That the sp ecial tax levy shall be collected in the same manner as ordinary ad valorem property taxes are co llected and shall be subject to the same penalties and the same procedu re, sale and lien priority in case of delinquency as is provided for ad valorem taxes, as such procedure may be modified by the law or by the City Council from time to time.
SECTION 3. That the Ci ty Clerk of the City of Victorville is hereby ordered and directed to file a certified copy of the assessment roll with the County together with a certified copy of this resolution upon its adoption.
SECTION 4. That the works of im provement determined by the Community Facilities District No. 01-01 include financing all or a portion of the acquisition construction, and installation of public facilities, including waste distributi on pipelines and appurtenances, roadway improvements and major sewage co llection pipelines, together with necessary appurtenances thereto and site and right-of-way acquisition, as set forth in Resolution 01-41, adopted by the City Council of the City of Victorville June 19, 2001.
APN Land Use
Class
Land Use
Description Max Tax Charge
3096-042-01-0000 13181 FOUR HILLS WAY 1 DEV $413.24 $310.37 3096-042-02-0000 13193 FOUR HILLS WAY 1 DEV 413.24 310.37 3096-042-03-0000 13203 FOUR HILLS WAY 1 DEV 413.24 310.37 3096-042-04-0000 13211 FOUR HILLS WAY 1 DEV 413.24 310.37 3096-042-05-0000 13221 FOUR HILLS WAY 1 DEV 413.24 310.37 3096-042-06-0000 13231 FOUR HILLS WAY 1 DEV 413.24 310.37 3096-042-07-0000 13241 FOUR HILLS WAY 1 DEV 413.24 310.37 3096-042-08-0000 13251 FOUR HILLS WAY 1 DEV 413.24 310.37 3096-042-09-0000 12680 HARTFIELD ST 1 DEV 413.24 310.37 3096-042-10-0000 12670 HARTFIELD ST 1 DEV 413.24 310.37 3096-042-11-0000 12660 HARTFIELD ST 1 DEV 413.24 310.37 3096-042-12-0000 12650 HARTFIELD ST 1 DEV 413.24 310.37 3096-042-13-0000 12640 HARTFIELD ST 1 DEV 413.24 310.37 3096-042-14-0000 12641 LUNA RD 1 DEV 413.24 310.37
3096-042-15-0000 12651 LUNA RD 1 DEV 413.24 310.37
3096-042-16-0000 12661 LUNA RD 1 DEV 413.24 310.37
3096-042-17-0000 12671 LUNA RD 1 DEV 413.24 310.37
3096-042-18-0000 12681 LUNA RD 1 DEV 413.24 310.37
3096-042-19-0000 12691 LUNA RD 1 DEV 413.24 310.37
3096-042-20-0000 13290 CROSSROADS CT 1 DEV 413.24 310.37 3096-042-21-0000 13280 CROSSROADS CT 1 DEV 413.24 310.37 3096-042-22-0000 13270 CROSSROADS CT 1 DEV 413.24 310.37 3096-042-23-0000 13260 CROSSROADS CT 1 DEV 413.24 310.37 3096-042-24-0000 13250 CROSSROADS CT 1 DEV 413.24 310.37 3096-042-25-0000 13240 CROSSROADS CT 1 DEV 413.24 310.37 3096-042-26-0000 13230 CROSSROADS CT 1 DEV 413.24 310.37 3096-042-27-0000 13220 CROSSROADS CT 1 DEV 413.24 310.37 3096-042-28-0000 13210 CROSSROADS CT 1 DEV 413.24 310.37 3096-042-29-0000 13209 CROSSROADS CT 1 DEV 413.24 310.37 3096-042-30-0000 13219 CROSSROADS CT 1 DEV 413.24 310.37 3096-042-31-0000 13233 CROSSROADS CT 1 DEV 413.24 310.37 3096-042-32-0000 13243 CROSSROADS CT 1 DEV 413.24 310.37 3096-042-33-0000 13246 FOUR HILLS WAY 1 DEV 413.24 310.37 3096-042-34-0000 13236 FOUR HILLS WAY 1 DEV 413.24 310.37 3096-042-35-0000 13226 FOUR HILLS WAY 1 DEV 413.24 310.37 3096-042-36-0000 13214 FOUR HILLS WAY 1 DEV 413.24 310.37 3096-042-37-0000 13204 FOUR HILLS WAY 1 DEV 413.24 310.37 3096-042-38-0000 13194 FOUR HILLS WAY 1 DEV 413.24 310.37 3096-072-01-0000 12640 FERN MEADOW ST 1 DEV 413.24 310.37 3096-072-02-0000 12630 FERN MEADOW ST 1 DEV 413.24 310.37 3096-072-03-0000 12620 FERN MEADOW ST 1 DEV 413.24 310.37 3096-072-04-0000 13176 BANNING ST 1 DEV 413.24 310.37
3096-072-05-0000 13168 BANNING ST 1 DEV 413.24 310.37
3096-072-06-0000 13160 BANNING ST 1 DEV 413.24 310.37
3096-072-07-0000 13150 BANNING ST 1 DEV 413.24 310.37
3096-072-08-0000 13140 BANNING ST 1 DEV 413.24 310.37
3096-072-09-0000 13132 BANNING ST 1 DEV 413.24 310.37
3096-072-10-0000 13122 BANNING ST 1 DEV 413.24 310.37
3096-072-11-0000 13112 BANNING ST 1 DEV 413.24 310.37
3096-072-12-0000 13102 BANNING ST 1 DEV 413.24 310.37
3096-072-13-0000 13103 BANNING ST 1 DEV 413.24 310.37
3096-072-14-0000 13115 BANNING ST 1 DEV 413.24 310.37
3096-072-15-0000 13125 BANNING ST 1 DEV 413.24 310.37
3096-072-16-0000 13135 BANNING ST 1 DEV 413.24 310.37
3096-072-17-0000 13145 BANNING ST 1 DEV 413.24 310.37
3096-072-18-0000 13155 BANNING ST 1 DEV 413.24 310.37
3096-072-19-0000 13165 BANNING ST 1 DEV 413.24 310.37
City of Victorville
Community Facilities District No. 01-01
Fiscal Year 2023/24 Preliminary Charge Detail Report
(Sorted by APN)
Situs Address
Willdan Financial Services Page 1 of 16
Attachment 1
APN Land Use
Class
Land Use
Description Max Tax Charge
City of Victorville
Community Facilities District No. 01-01
Fiscal Year 2023/24 Preliminary Charge Detail Report
(Sorted by APN)
Situs Address
3096-112-01-0000 12491 LUNA RD 1 DEV 413.24 310.37
3096-112-02-0000 12483 LUNA RD 1 DEV 413.24 310.37
3096-112-03-0000 12475 LUNA RD 1 DEV 413.24 310.37
3096-112-04-0000 12467 LUNA RD 1 DEV 413.24 310.37
3096-112-05-0000 12459 LUNA RD 1 DEV 413.24 310.37
3096-112-06-0000 12451 LUNA RD 1 DEV 413.24 310.37
3096-112-07-0000 12443 LUNA RD 1 DEV 413.24 310.37
3096-112-08-0000 12435 LUNA RD 1 DEV 413.24 310.37
3096-112-09-0000 12427 LUNA RD 1 DEV 413.24 310.37
3096-112-10-0000 12419 LUNA RD 1 DEV 413.24 310.37
3096-112-11-0000 12411 LUNA RD 1 DEV 413.24 310.37
3096-112-12-0000 12403 LUNA RD 1 DEV 413.24 310.37
3096-112-13-0000 12395 LUNA RD 1 DEV 413.24 310.37
3096-112-14-0000 12396 BASSETT DR 1 DEV 413.24 310.37
3096-112-15-0000 12404 BASSETT DR 1 DEV 413.24 310.37
3096-112-16-0000 12412 BASSETT DR 1 DEV 413.24 310.37
3096-112-17-0000 12420 BASSETT DR 1 DEV 413.24 310.37
3096-112-18-0000 12430 BASSETT DR 1 DEV 413.24 310.37
3096-112-19-0000 12440 BASSETT DR 1 DEV 413.24 310.37
3096-112-20-0000 12448 BASSETT DR 1 DEV 413.24 310.37
3096-112-21-0000 12456 BASSETT DR 1 DEV 413.24 310.37
3096-112-22-0000 12464 BASSETT DR 1 DEV 413.24 310.37
3096-112-23-0000 12472 BASSETT DR 1 DEV 413.24 310.37
3096-112-24-0000 13249 BASSETT DR 1 DEV 413.24 310.37
3096-112-25-0000 13237 BASSETT DR 1 DEV 413.24 310.37
3096-112-26-0000 13229 BASSETT DR 1 DEV 413.24 310.37
3096-112-27-0000 13221 BASSETT DR 1 DEV 413.24 310.37
3096-112-28-0000 BASSETT DR 1 DEV 413.24 310.37
3096-112-29-0000 13205 BASSETT DR 1 DEV 413.24 310.37
3096-112-30-0000 13206 BASSETT DR 1 DEV 413.24 310.37
3096-112-31-0000 13218 BASSETT DR 1 DEV 413.24 310.37
3096-112-32-0000 13228 BASSETT DR 1 DEV 413.24 310.37
3096-112-33-0000 13245 BASSETT DR 1 DEV 413.24 310.37
3096-112-34-0000 12465 BASSETT DR 1 DEV 413.24 310.37
3096-112-35-0000 12449 BASSETT DR 1 DEV 413.24 310.37
3096-112-36-0000 12435 BASSETT DR 1 DEV 413.24 310.37
3096-112-37-0000 12419 BASSETT DR 1 DEV 413.24 310.37
3096-112-38-0000 12411 BASSETT DR 1 DEV 413.24 310.37
3096-112-39-0000 12403 BASSETT DR 1 DEV 413.24 310.37
3096-112-40-0000 12395 BASSETT DR 1 DEV 413.24 310.37
3096-112-41-0000 12394 FIREFLY WAY 1 DEV 413.24 310.37
3096-112-42-0000 12402 FIREFLY WAY 1 DEV 413.24 310.37
3096-112-43-0000 12410 FIREFLY WAY 1 DEV 413.24 310.37
3096-112-44-0000 12418 FIREFLY WAY 1 DEV 413.24 310.37
3096-112-45-0000 12426 FIREFLY WAY 1 DEV 413.24 310.37
3096-112-46-0000 12434 FIREFLY WAY 1 DEV 413.24 310.37
3096-112-47-0000 12440 FIREFLY WAY 1 DEV 413.24 310.37
3096-122-01-0000 13197 BASSETT DR 1 DEV 413.24 310.37
3096-122-02-0000 13189 BASSETT DR 1 DEV 413.24 310.37
3096-122-03-0000 13181 BASSETT DR 1 DEV 413.24 310.37
3096-122-04-0000 13173 BASSETT DR 1 DEV 413.24 310.37
3096-122-05-0000 13167 FREEPORT DR 1 DEV 413.24 310.37
3096-122-06-0000 13161 FREEPORT DR 1 DEV 413.24 310.37
3096-122-07-0000 13151 FREEPORT DR 1 DEV 413.24 310.37
3096-122-08-0000 13141 FREEPORT DR 1 DEV 413.24 310.37
3096-122-09-0000 13131 FREEPORT DR 1 DEV 413.24 310.37
3096-122-10-0000 12461 FREEPORT DR 1 DEV 413.24 310.37
Willdan Financial Services Page 2 of 16
APN Land Use
Class
Land Use
Description Max Tax Charge
City of Victorville
Community Facilities District No. 01-01
Fiscal Year 2023/24 Preliminary Charge Detail Report
(Sorted by APN)
Situs Address
3096-122-11-0000 12453 FREEPORT DR 1 DEV 413.24 310.37
3096-122-12-0000 12421 ALCORN DR 1 DEV 413.24 310.37
3096-122-13-0000 12411 ALCORN DR 1 DEV 413.24 310.37
3096-122-14-0000 12403 ALCORN DR 1 DEV 413.24 310.37
3096-122-15-0000 12397 ALCORN DR 1 DEV 413.24 310.37
3096-122-16-0000 12389 ALCORN DR 1 DEV 413.24 310.37
3096-122-17-0000 12390 ALCORN DR 1 DEV 413.24 310.37
3096-122-18-0000 12398 ALCORN DR 1 DEV 413.24 310.37
3096-122-19-0000 12404 ALCORN DR 1 DEV 413.24 310.37
3096-122-20-0000 12410 ALCORN DR 1 DEV 413.24 310.37
3096-122-21-0000 12418 ALCORN DR 1 DEV 413.24 310.37
3096-122-22-0000 12426 ALCORN DR 1 DEV 413.24 310.37
3096-122-23-0000 12434 ALCORN DR 1 DEV 413.24 310.37
3096-122-24-0000 12438 ALCORN DR 1 DEV 413.24 310.37
3096-122-25-0000 12454 ALCORN DR 1 DEV 413.24 310.37
3096-122-26-0000 13158 FREEPORT DR 1 DEV 413.24 310.37
3096-122-27-0000 13156 FREEPORT DR 1 DEV 413.24 310.37
3096-122-28-0000 13168 FREEPORT DR 1 DEV 413.24 310.37
3096-122-29-0000 13172 BASSETT DR 1 DEV 413.24 310.37
3096-122-30-0000 13180 BASSETT DR 1 DEV 413.24 310.37
3096-122-31-0000 13186 BASSETT DR 1 DEV 413.24 310.37
3096-122-32-0000 13190 BASSETT DR 1 DEV 413.24 310.37
3096-122-33-0000 12439 FIREFLY WAY 1 DEV 413.24 310.37
3096-122-34-0000 12435 FIREFLY WAY 1 DEV 413.24 310.37
3096-122-35-0000 12431 FIREFLY WAY 1 DEV 413.24 310.37
3096-122-36-0000 12423 FIREFLY WAY 1 DEV 413.24 310.37
3096-122-37-0000 12415 FIREFLY WAY 1 DEV 413.24 310.37
3096-122-38-0000 12405 FIREFLY WAY 1 DEV 413.24 310.37
3096-122-39-0000 12399 FIREFLY WAY 1 DEV 413.24 310.37
3096-122-40-0000 12391 FIREFLY WAY 1 DEV 413.24 310.37
3096-123-01-0000 12388 ALCORN DR 1 DEV 413.24 310.37
3096-123-02-0000 12376 ALCORN DR 1 DEV 413.24 310.37
3096-123-03-0000 12370 ALCORN DR 1 DEV 413.24 310.37
3096-123-04-0000 12362 ALCORN DR 1 DEV 413.24 310.37
3096-123-05-0000 12356 ALCORN DR 1 DEV 413.24 310.37
3096-123-06-0000 12348 ALCORN DR 1 DEV 413.24 310.37
3096-123-07-0000 12340 ALCORN DR 1 DEV 413.24 310.37
3096-123-08-0000 12332 ALCORN DR 1 DEV 413.24 310.37
3096-123-09-0000 12324 ALCORN DR 1 DEV 413.24 310.37
3096-123-10-0000 12316 ALCORN DR 1 DEV 413.24 310.37
3096-123-11-0000 12323 ALCORN DR 1 DEV 413.24 310.37
3096-123-12-0000 12331 ALCORN DR 1 DEV 413.24 310.37
3096-123-13-0000 12339 ALCORN DR 1 DEV 413.24 310.37
3096-123-14-0000 12347 ALCORN DR 1 DEV 413.24 310.37
3096-123-15-0000 12355 ALCORN DR 1 DEV 413.24 310.37
3096-123-16-0000 12361 ALCORN DR 1 DEV 413.24 310.37
3096-123-17-0000 12369 ALCORN DR 1 DEV 413.24 310.37
3096-123-18-0000 12375 ALCORN DR 1 DEV 413.24 310.37
3096-123-19-0000 12381 ALCORN DR 1 DEV 413.24 310.37
3096-123-20-0000 12316 FREEPORT DR 1 DEV 413.24 310.37
3096-123-21-0000 12324 FREEPORT DR 1 DEV 413.24 310.37
3096-123-22-0000 12332 FREEPORT DR 1 DEV 413.24 310.37
3096-123-23-0000 12340 FREEPORT DR 1 DEV 413.24 310.37
3096-123-24-0000 12348 FREEPORT DR 1 DEV 413.24 310.37
3096-123-25-0000 12356 FREEPORT DR 1 DEV 413.24 310.37
3096-123-26-0000 12364 FREEPORT DR 1 DEV 413.24 310.37
3096-123-27-0000 12372 FREEPORT DR 1 DEV 413.24 310.37
Willdan Financial Services Page 3 of 16
APN Land Use
Class
Land Use
Description Max Tax Charge
City of Victorville
Community Facilities District No. 01-01
Fiscal Year 2023/24 Preliminary Charge Detail Report
(Sorted by APN)
Situs Address
3096-123-28-0000 12380 FREEPORT DR 1 DEV 413.24 310.37
3096-123-29-0000 12388 FREEPORT DR 1 DEV 413.24 310.37
3096-123-30-0000 12394 FREEPORT DR 1 DEV 413.24 310.37
3096-123-31-0000 12400 FREEPORT DR 1 DEV 413.24 310.37
3096-123-32-0000 12408 FREEPORT DR 1 DEV 413.24 310.37
3096-123-33-0000 12416 FREEPORT DR 1 DEV 413.24 310.37
3096-123-34-0000 12424 FREEPORT DR 1 DEV 413.24 310.37
3096-123-35-0000 12432 FREEPORT DR 1 DEV 413.24 310.37
3096-123-36-0000 12440 FREEPORT DR 1 DEV 413.24 310.37
3096-123-37-0000 12313 FREEPORT DR 1 DEV 413.24 310.37
3096-123-38-0000 12321 FREEPORT DR 1 DEV 413.24 310.37
3096-123-39-0000 12329 FREEPORT DR 1 DEV 413.24 310.37
3096-123-40-0000 12337 FREEPORT DR 1 DEV 413.24 310.37
3096-123-41-0000 12345 FREEPORT DR 1 DEV 413.24 310.37
3096-123-42-0000 12353 FREEPORT DR 1 DEV 413.24 310.37
3096-123-43-0000 12361 FREEPORT DR 1 DEV 413.24 310.37
3096-123-44-0000 12369 FREEPORT DR 1 DEV 413.24 310.37
3096-123-45-0000 12377 FREEPORT DR 1 DEV 413.24 310.37
3096-123-46-0000 12385 FREEPORT DR 1 DEV 413.24 310.37
3096-123-47-0000 12391 FREEPORT DR 1 DEV 413.24 310.37
3096-123-48-0000 12399 FREEPORT DR 1 DEV 413.24 310.37
3096-123-49-0000 12405 FREEPORT DR 1 DEV 413.24 310.37
3096-123-50-0000 12411 FREEPORT DR 1 DEV 413.24 310.37
3096-123-51-0000 12421 FREEPORT DR 1 DEV 413.24 310.37
3096-123-52-0000 12429 FREEPORT DR 1 DEV 413.24 310.37
3096-123-53-0000 12433 FREEPORT DR 1 DEV 413.24 310.37
3096-123-54-0000 12439 FREEPORT DR 1 DEV 413.24 310.37
3096-123-55-0000 12445 FREEPORT DR 1 DEV 413.24 310.37
3096-132-01-0000 12205 LUNA RD 1 DEV 413.24 310.37
3096-132-02-0000 12213 LUNA RD 1 DEV 413.24 310.37
3096-132-03-0000 12221 LUNA RD 1 DEV 413.24 310.37
3096-132-04-0000 12229 LUNA RD 1 DEV 413.24 310.37
3096-132-05-0000 12237 LUNA RD 1 DEV 413.24 310.37
3096-132-06-0000 12245 LUNA RD 1 DEV 413.24 310.37
3096-132-07-0000 12253 LUNA RD 1 DEV 413.24 310.37
3096-132-08-0000 12261 LUNA RD 1 DEV 413.24 310.37
3096-132-09-0000 12269 LUNA RD 1 DEV 413.24 310.37
3096-132-10-0000 12277 LUNA RD 1 DEV 413.24 310.37
3096-132-11-0000 12285 LUNA RD 1 DEV 413.24 310.37
3096-132-12-0000 12293 LUNA RD 1 DEV 413.24 310.37
3096-132-13-0000 12301 LUNA RD 1 DEV 413.24 310.37
3096-132-14-0000 12309 LUNA RD 1 DEV 413.24 310.37
3096-132-15-0000 12317 LUNA RD 1 DEV 413.24 310.37
3096-132-16-0000 12325 LUNA RD 1 DEV 413.24 310.37
3096-132-17-0000 12333 LUNA RD 1 DEV 413.24 310.37
3096-132-18-0000 12341 LUNA RD 1 DEV 413.24 310.37
3096-132-19-0000 12349 LUNA RD 1 DEV 413.24 310.37
3096-132-20-0000 12357 LUNA RD 1 DEV 413.24 310.37
3096-132-21-0000 12365 LUNA RD 1 DEV 413.24 310.37
3096-132-22-0000 12373 LUNA RD 1 DEV 413.24 310.37
3096-132-23-0000 12383 LUNA RD 1 DEV 413.24 310.37
3096-132-24-0000 12382 ANDREA DR 1 DEV 413.24 310.37
3096-132-25-0000 12374 ANDREA DR 1 DEV 413.24 310.37
3096-132-26-0000 12366 ANDREA DR 1 DEV 413.24 310.37
3096-132-27-0000 12358 ANDREA DR 1 DEV 413.24 310.37
3096-132-28-0000 12350 ANDREA DR 1 DEV 413.24 310.37
3096-132-29-0000 12342 ANDREA DR 1 DEV 413.24 310.37
Willdan Financial Services Page 4 of 16
APN Land Use
Class
Land Use
Description Max Tax Charge
City of Victorville
Community Facilities District No. 01-01
Fiscal Year 2023/24 Preliminary Charge Detail Report
(Sorted by APN)
Situs Address
3096-132-30-0000 12334 ANDREA DR 1 DEV 413.24 310.37
3096-132-31-0000 12326 ANDREA DR 1 DEV 413.24 310.37
3096-132-32-0000 12318 ANDREA DR 1 DEV 413.24 310.37
3096-132-33-0000 12310 ANDREA DR 1 DEV 413.24 310.37
3096-132-34-0000 12302 ANDREA DR 1 DEV 413.24 310.37
3096-132-35-0000 12296 ANDREA DR 1 DEV 413.24 310.37
3096-132-36-0000 12286 ANDREA DR 1 DEV 413.24 310.37
3096-132-37-0000 12276 ANDREA DR 1 DEV 413.24 310.37
3096-132-38-0000 12268 ANDREA DR 1 DEV 413.24 310.37
3096-132-39-0000 12260 ANDREA DR 1 DEV 413.24 310.37
3096-132-40-0000 12252 ANDREA DR 1 DEV 413.24 310.37
3096-132-41-0000 12244 ANDREA DR 1 DEV 413.24 310.37
3096-132-42-0000 12236 ANDREA DR 1 DEV 413.24 310.37
3096-132-43-0000 12228 ANDREA DR 1 DEV 413.24 310.37
3096-132-44-0000 12220 ANDREA DR 1 DEV 413.24 310.37
3096-132-45-0000 13250 ANDREA DR 1 DEV 413.24 310.37
3096-132-46-0000 13242 ANDREA DR 1 DEV 413.24 310.37
3096-132-47-0000 13236 ANDREA DR 1 DEV 413.24 310.37
3096-132-48-0000 13230 ANDREA DR 1 DEV 413.24 310.37
3096-132-49-0000 13222 ANDREA DR 1 DEV 413.24 310.37
3096-132-50-0000 13212 ANDREA DR 1 DEV 413.24 310.37
3096-133-01-0000 13199 ANDREA DR 1 DEV 413.24 310.37
3096-133-02-0000 13205 ANDREA DR 1 DEV 413.24 310.37
3096-133-03-0000 13215 ANDREA DR 1 DEV 413.24 310.37
3096-133-04-0000 13225 ANDREA DR 1 DEV 413.24 310.37
3096-133-05-0000 13235 ANDREA DR 1 DEV 413.24 310.37
3096-133-06-0000 13245 ANDREA DR 1 DEV 413.24 310.37
3096-133-07-0000 12225 ANDREA DR 1 DEV 413.24 310.37
3096-133-08-0000 12241 ANDREA DR 1 DEV 413.24 310.37
3096-133-09-0000 12257 ANDREA DR 1 DEV 413.24 310.37
3096-133-10-0000 12267 ANDREA DR 1 DEV 413.24 310.37
3096-133-11-0000 12275 ANDREA DR 1 DEV 413.24 310.37
3096-133-12-0000 12285 ANDREA DR 1 DEV 413.24 310.37
3096-133-13-0000 12295 ANDREA DR 1 DEV 413.24 310.37
3096-133-14-0000 12301 ANDREA DR 1 DEV 413.24 310.37
3096-133-15-0000 12309 ANDREA DR 1 DEV 413.24 310.37
3096-133-16-0000 12317 ANDREA DR 1 DEV 413.24 310.37
3096-133-17-0000 ANDREA DR 1 DEV 413.24 310.37
3096-133-18-0000 12333 ANDREA DR 1 DEV 413.24 310.37
3096-133-19-0000 12341 ANDREA DR 1 DEV 413.24 310.37
3096-133-20-0000 12351 ANDREA DR 1 DEV 413.24 310.37
3096-133-21-0000 12359 ANDREA DR 1 DEV 413.24 310.37
3096-133-22-0000 12367 ANDREA DR 1 DEV 413.24 310.37
3096-133-23-0000 12375 ANDREA DR 1 DEV 413.24 310.37
3096-133-24-0000 12383 ANDREA DR 1 DEV 413.24 310.37
3096-133-25-0000 12380 FIREFLY WAY 1 DEV 413.24 310.37
3096-133-26-0000 12372 FIREFLY WAY 1 DEV 413.24 310.37
3096-133-27-0000 12364 FIREFLY WAY 1 DEV 413.24 310.37
3096-133-28-0000 12356 FIREFLY WAY 1 DEV 413.24 310.37
3096-133-29-0000 12348 FIREFLY WAY 1 DEV 413.24 310.37
3096-133-30-0000 12340 FIREFLY WAY 1 DEV 413.24 310.37
3096-133-31-0000 12332 FIREFLY WAY 1 DEV 413.24 310.37
3096-133-32-0000 12324 FIREFLY WAY 1 DEV 413.24 310.37
3096-133-33-0000 12316 FIREFLY WAY 1 DEV 413.24 310.37
3096-133-34-0000 12308 FIREFLY WAY 1 DEV 413.24 310.37
3096-133-35-0000 12300 FIREFLY WAY 1 DEV 413.24 310.37
3096-133-36-0000 12292 FIREFLY WAY 1 DEV 413.24 310.37
Willdan Financial Services Page 5 of 16
APN Land Use
Class
Land Use
Description Max Tax Charge
City of Victorville
Community Facilities District No. 01-01
Fiscal Year 2023/24 Preliminary Charge Detail Report
(Sorted by APN)
Situs Address
3096-133-37-0000 12282 FIREFLY WAY 1 DEV 413.24 310.37
3096-133-38-0000 12272 FIREFLY WAY 1 DEV 413.24 310.37
3096-133-39-0000 12262 FIREFLY WAY 1 DEV 413.24 310.37
3096-133-40-0000 12252 FIREFLY WAY 1 DEV 413.24 310.37
3096-133-41-0000 13224 DIXON ST 1 DEV 413.24 310.37
3096-133-42-0000 13214 DIXON ST 1 DEV 413.24 310.37
3096-133-43-0000 13206 DIXON ST 1 DEV 413.24 310.37
3096-133-44-0000 13198 DIXON ST 1 DEV 413.24 310.37
3096-133-45-0000 12275 FIREFLY WAY 1 DEV 413.24 310.37
3096-133-46-0000 12283 FIREFLY WAY 1 DEV 413.24 310.37
3096-133-47-0000 12293 FIREFLY WAY 1 DEV 413.24 310.37
3096-133-48-0000 12303 FIREFLY WAY 1 DEV 413.24 310.37
3096-133-49-0000 12311 FIREFLY WAY 1 DEV 413.24 310.37
3096-133-50-0000 12319 FIREFLY WAY 1 DEV 413.24 310.37
3096-133-51-0000 12325 FIREFLY WAY 1 DEV 413.24 310.37
3096-133-52-0000 12333 FIREFLY WAY 1 DEV 413.24 310.37
3096-133-53-0000 12343 FIREFLY WAY 1 DEV 413.24 310.37
3096-133-54-0000 12351 FIREFLY WAY 1 DEV 413.24 310.37
3096-133-55-0000 12357 FIREFLY WAY 1 DEV 413.24 310.37
3096-133-56-0000 12365 FIREFLY WAY 1 DEV 413.24 310.37
3096-133-57-0000 12373 FIREFLY WAY 1 DEV 413.24 310.37
3096-133-58-0000 12381 FIREFLY WAY 1 DEV 413.24 310.37
3096-192-01-0000 12306 ALCORN DR 1 DEV 413.24 310.37
3096-192-02-0000 12298 ALCORN DR 1 DEV 413.24 310.37
3096-192-03-0000 12278 ALCORN DR 1 DEV 413.24 310.37
3096-192-04-0000 12268 ALCORN DR 1 DEV 413.24 310.37
3096-192-05-0000 13188 DIXON ST 1 DEV 413.24 310.37
3096-192-06-0000 13178 DIXON ST 1 DEV 413.24 310.37
3096-192-07-0000 13168 DIXON ST 1 DEV 413.24 310.37
3096-192-08-0000 13158 DIXON ST 1 DEV 413.24 310.37
3096-192-09-0000 12249 ALCORN DR 1 DEV 413.24 310.37
3096-192-10-0000 12259 ALCORN DR 1 DEV 413.24 310.37
3096-192-11-0000 12269 ALCORN DR 1 DEV 413.24 310.37
3096-192-12-0000 12279 ALCORN DR 1 DEV 413.24 310.37
3096-192-13-0000 12299 ALCORN DR 1 DEV 413.24 310.37
3096-192-14-0000 12307 ALCORN DR 1 DEV 413.24 310.37
3096-192-15-0000 12315 ALCORN DR 1 DEV 413.24 310.37
3096-192-16-0000 12308 FREEPORT DR 1 DEV 413.24 310.37
3096-192-17-0000 12300 FREEPORT DR 1 DEV 413.24 310.37
3096-192-18-0000 12292 FREEPORT DR 1 DEV 413.24 310.37
3096-192-19-0000 12282 FREEPORT DR 1 DEV 413.24 310.37
3096-192-20-0000 12272 FREEPORT DR 1 DEV 413.24 310.37
3096-192-21-0000 12260 FREEPORT DR 1 DEV 413.24 310.37
3096-192-22-0000 12250 FREEPORT DR 1 DEV 413.24 310.37
3096-192-23-0000 12232 FREEPORT DR 1 DEV 413.24 310.37
3096-192-24-0000 13125 ANDREA DR 1 DEV 413.24 310.37
3096-192-25-0000 13147 ANDREA DR 1 DEV 413.24 310.37
3096-192-26-0000 13159 ANDREA DR 1 DEV 413.24 310.37
3096-192-27-0000 13175 ANDREA DR 1 DEV 413.24 310.37
3096-192-28-0000 13185 ANDREA DR 1 DEV 413.24 310.37
3096-192-29-0000 13191 ANDREA DR 1 DEV 413.24 310.37
3096-192-30-0000 13196 ANDREA DR 1 DEV 413.24 310.37
3096-192-31-0000 13188 ANDREA DR 1 DEV 413.24 310.37
3096-192-32-0000 13180 ANDREA DR 1 DEV 413.24 310.37
3096-192-33-0000 13170 ANDREA DR 1 DEV 413.24 310.37
3096-192-34-0000 13160 ANDREA DR 1 DEV 413.24 310.37
3096-192-35-0000 13150 ANDREA DR 1 DEV 413.24 310.37
Willdan Financial Services Page 6 of 16
APN Land Use
Class
Land Use
Description Max Tax Charge
City of Victorville
Community Facilities District No. 01-01
Fiscal Year 2023/24 Preliminary Charge Detail Report
(Sorted by APN)
Situs Address
3096-192-36-0000 13140 ANDREA DR 1 DEV 413.24 310.37
3096-192-37-0000 13130 ANDREA DR 1 DEV 413.24 310.37
3096-192-38-0000 13120 ANDREA DR 1 DEV 413.24 310.37
3096-192-39-0000 12227 FREEPORT DR 1 DEV 413.24 310.37
3096-192-40-0000 12235 FREEPORT DR 1 DEV 413.24 310.37
3096-192-41-0000 12243 FREEPORT DR 1 DEV 413.24 310.37
3096-192-42-0000 12251 FREEPORT DR 1 DEV 413.24 310.37
3096-192-43-0000 12259 FREEPORT DR 1 DEV 413.24 310.37
3096-192-44-0000 12269 FREEPORT DR 1 DEV 413.24 310.37
3096-192-45-0000 12279 FREEPORT DR 1 DEV 413.24 310.37
3096-192-46-0000 12289 FREEPORT DR 1 DEV 413.24 310.37
3096-192-47-0000 12299 FREEPORT DR 1 DEV 413.24 310.37
3096-192-48-0000 12307 FREEPORT DR 1 DEV 413.24 310.37
3096-471-49-0000 13107 FOUR HILLS WAY 1 DEV 413.24 310.37 3096-471-50-0000 13119 FOUR HILLS WAY 1 DEV 413.24 310.37 3096-471-51-0000 13129 FOUR HILLS WAY 1 DEV 413.24 310.37 3096-471-52-0000 13139 FOUR HILLS WAY 1 DEV 413.24 310.37 3096-471-53-0000 13149 FOUR HILLS WAY 1 DEV 413.24 310.37 3096-471-54-0000 13157 FOUR HILLS WAY 1 DEV 413.24 310.37 3096-471-55-0000 13169 FOUR HILLS WAY 1 DEV 413.24 310.37 3096-471-56-0000 13166 FOUR HILLS WAY 1 DEV 413.24 310.37 3096-471-57-0000 13154 FOUR HILLS WAY 1 DEV 413.24 310.37 3096-471-58-0000 13146 FOUR HILLS WAY 1 DEV 413.24 310.37 3096-471-59-0000 13136 FOUR HILLS WAY 1 DEV 413.24 310.37 3096-471-60-0000 13126 FOUR HILLS WAY 1 DEV 413.24 310.37 3096-471-61-0000 13118 FOUR HILLS WAY 1 DEV 413.24 310.37 3096-471-62-0000 13108 FOUR HILLS WAY 1 DEV 413.24 310.37 3096-491-28-0000 12707 FAIR GLEN LN 1 DEV 413.24 310.37 3096-491-29-0000 12727 FAIR GLEN LN 1 DEV 413.24 310.37 3096-491-30-0000 12737 FAIR GLEN LN 1 DEV 413.24 310.37 3096-491-31-0000 12747 FAIR GLEN LN 1 DEV 413.24 310.37 3096-491-32-0000 12759 FAIR GLEN LN 1 DEV 413.24 310.37 3096-491-33-0000 12771 FAIR GLEN LN 1 DEV 413.24 310.37 3096-491-34-0000 12781 FAIR GLEN LN 1 DEV 413.24 310.37 3096-491-35-0000 13019 DEEP WATER ST 1 DEV 413.24 310.37 3096-491-36-0000 13029 DEEP WATER ST 1 DEV 413.24 310.37 3096-491-37-0000 13037 DEEP WATER ST 1 DEV 413.24 310.37 3096-491-38-0000 13045 DEEP WATER ST 1 DEV 413.24 310.37 3096-491-39-0000 13053 DEEP WATER ST 1 DEV 413.24 310.37 3096-491-40-0000 13061 DEEP WATER ST 1 DEV 413.24 310.37 3096-491-41-0000 13071 DEEP WATER ST 1 DEV 413.24 310.37 3096-491-42-0000 12798 BAY SUMMIT WAY 1 DEV 413.24 310.37 3096-491-43-0000 12788 BAY SUMMIT WAY 1 DEV 413.24 310.37 3096-491-44-0000 12776 BAY SUMMIT WAY 1 DEV 413.24 310.37 3096-491-45-0000 12764 BAY SUMMIT WAY 1 DEV 413.24 310.37 3096-491-46-0000 12752 BAY SUMMIT WAY 1 DEV 413.24 310.37 3096-491-47-0000 12740 BAY SUMMIT WAY 1 DEV 413.24 310.37 3096-491-48-0000 12728 BAY SUMMIT WAY 1 DEV 413.24 310.37 3096-491-49-0000 12716 BAY SUMMIT WAY 1 DEV 413.24 310.37 3096-491-50-0000 13070 BEACHVIEW CT 1 DEV 413.24 310.37 3096-491-51-0000 13060 BEACHVIEW CT 1 DEV 413.24 310.37 3096-491-52-0000 13050 BEACHVIEW CT 1 DEV 413.24 310.37 3096-491-53-0000 13051 BEACHVIEW CT 1 DEV 413.24 310.37 3096-491-54-0000 13061 BEACHVIEW CT 1 DEV 413.24 310.37 3096-491-55-0000 13071 BEACHVIEW CT 1 DEV 413.24 310.37 3096-491-56-0000 13060 DEEP WATER ST 1 DEV 413.24 310.37 3096-491-57-0000 13050 DEEP WATER ST 1 DEV 413.24 310.37 Willdan Financial Services Page 7 of 16
APN Land Use
Class
Land Use
Description Max Tax Charge
City of Victorville
Community Facilities District No. 01-01
Fiscal Year 2023/24 Preliminary Charge Detail Report
(Sorted by APN)
Situs Address
3096-491-58-0000 13040 DEEP WATER ST 1 DEV 413.24 310.37 3096-491-59-0000 13030 DEEP WATER ST 1 DEV 413.24 310.37 3096-491-60-0000 12748 FAIR GLEN LN 1 DEV 413.24 310.37 3096-491-61-0000 12736 FAIR GLEN LN 1 DEV 413.24 310.37 3096-491-62-0000 12724 FAIR GLEN LN 1 DEV 413.24 310.37 3096-491-63-0000 12712 FAIR GLEN LN 1 DEV 413.24 310.37 3096-491-64-0000 12700 FAIR GLEN LN 1 DEV 413.24 310.37 3096-501-32-0000 12910 BLAIR ST 1 DEV 413.24 310.37
3096-501-33-0000 12920 BLAIR ST 1 DEV 413.24 310.37
3096-501-34-0000 12930 BLAIR ST 1 DEV 413.24 310.37
3096-501-37-0000 12960 BLAIR ST 1 DEV 413.24 310.37
3096-501-38-0000 12970 BLAIR ST 1 DEV 413.24 310.37
3096-501-39-0000 12980 BLAIR ST 1 DEV 413.24 310.37
3096-501-40-0000 12990 BLAIR ST 1 DEV 413.24 310.37
3096-501-41-0000 12731 BOEING CT 1 DEV 413.24 310.37
3096-501-42-0000 12743 BOEING CT 1 DEV 413.24 310.37
3096-501-43-0000 12755 BOEING CT 1 DEV 413.24 310.37
3096-501-44-0000 12765 BOEING CT 1 DEV 413.24 310.37
3096-501-45-0000 12777 BOEING CT 1 DEV 413.24 310.37
3096-501-46-0000 12789 BOEING CT 1 DEV 413.24 310.37
3096-501-47-0000 12791 BOEING CT 1 DEV 413.24 310.37
3096-501-48-0000 12790 BOEING CT 1 DEV 413.24 310.37
3096-501-49-0000 12778 BOEING CT 1 DEV 413.24 310.37
3096-501-50-0000 12766 BOEING CT 1 DEV 413.24 310.37
3096-501-51-0000 12754 BOEING CT 1 DEV 413.24 310.37
3096-501-52-0000 12742 BOEING CT 1 DEV 413.24 310.37
3096-501-53-0000 12730 BOEING CT 1 DEV 413.24 310.37
3096-501-54-0000 12731 BELLROSE CT 1 DEV 413.24 310.37
3096-501-55-0000 12741 BELLROSE CT 1 DEV 413.24 310.37
3096-501-56-0000 12753 BELLROSE CT 1 DEV 413.24 310.37
3096-501-57-0000 12767 BELLROSE CT 1 DEV 413.24 310.37
3096-501-58-0000 12775 BELLROSE CT 1 DEV 413.24 310.37
3096-501-59-0000 12791 BELLROSE CT 1 DEV 413.24 310.37
3096-501-60-0000 12790 BELLROSE CT 1 DEV 413.24 310.37
3096-501-61-0000 12780 BELLROSE CT 1 DEV 413.24 310.37
3096-501-62-0000 12770 BELLROSE CT 1 DEV 413.24 310.37
3096-501-63-0000 12760 BELLROSE CT 1 DEV 413.24 310.37
3096-501-64-0000 12748 BELLROSE CT 1 DEV 413.24 310.37
3096-501-65-0000 12736 BELLROSE CT 1 DEV 413.24 310.37
3096-501-66-0000 12726 BELLROSE CT 1 DEV 413.24 310.37
3096-501-67-0000 12940 BLAIR ST 1 DEV 413.24 310.37
3096-501-69-0000 12950 BLAIR ST 1 DEV 413.24 310.37
3096-931-01-0000 12704 BAY SUMMIT WAY 1 DEV 413.24 310.37 3096-931-02-0000 12694 BAY SUMMIT WAY 1 DEV 413.24 310.37 3096-931-03-0000 13100 FOUR HILLS WAY 1 DEV 413.24 310.37 3096-931-04-0000 13090 FOUR HILLS WAY 1 DEV 413.24 310.37 3096-931-05-0000 13080 FOUR HILLS WAY 1 DEV 413.24 310.37 3096-931-06-0000 13070 EVERGLADE CT 1 DEV 413.24 310.37 3096-931-07-0000 13060 EVERGLADE CT 1 DEV 413.24 310.37 3096-931-08-0000 13050 EVERGLADE CT 1 DEV 413.24 310.37 3096-931-09-0000 13051 EVERGLADE CT 1 DEV 413.24 310.37 3096-931-10-0000 13061 EVERGLADE CT 1 DEV 413.24 310.37 3096-931-11-0000 13071 EVERGLADE CT 1 DEV 413.24 310.37 3096-932-01-0000 13090 BANNING ST 1 DEV 413.24 310.37
3096-932-02-0000 13080 BANNING ST 1 DEV 413.24 310.37
3096-932-03-0000 13070 BANNING ST 1 DEV 413.24 310.37
3096-932-04-0000 13060 BANNING ST 1 DEV 413.24 310.37
Willdan Financial Services Page 8 of 16
APN Land Use
Class
Land Use
Description Max Tax Charge
City of Victorville
Community Facilities District No. 01-01
Fiscal Year 2023/24 Preliminary Charge Detail Report
(Sorted by APN)
Situs Address
3096-932-05-0000 13050 BANNING ST 1 DEV 413.24 310.37
3096-932-06-0000 13040 BANNING ST 1 DEV 413.24 310.37
3096-932-07-0000 13030 BANNING ST 1 DEV 413.24 310.37
3096-932-08-0000 13020 BANNING ST 1 DEV 413.24 310.37
3096-932-09-0000 13010 BANNING ST 1 DEV 413.24 310.37
3096-932-10-0000 12641 FAIR GLEN LN 1 DEV 413.24 310.37 3096-932-11-0000 12651 FAIR GLEN LN 1 DEV 413.24 310.37 3096-932-12-0000 12661 FAIR GLEN LN 1 DEV 413.24 310.37 3096-932-13-0000 12671 FAIR GLEN LN 1 DEV 413.24 310.37 3096-932-14-0000 12685 FAIR GLEN LN 1 DEV 413.24 310.37 3096-932-15-0000 12701 FAIR GLEN LN 1 DEV 413.24 310.37 3096-932-16-0000 12692 FAIR GLEN LN 1 DEV 413.24 310.37 3096-932-17-0000 12682 FAIR GLEN LN 1 DEV 413.24 310.37 3096-932-18-0000 12662 FAIR GLEN LN 1 DEV 413.24 310.37 3096-932-19-0000 12650 FAIR GLEN LN 1 DEV 413.24 310.37 3096-932-20-0000 13017 BANNING ST 1 DEV 413.24 310.37
3096-932-21-0000 13035 BANNING ST 1 DEV 413.24 310.37
3096-932-22-0000 13055 BANNING ST 1 DEV 413.24 310.37
3096-932-23-0000 13071 BANNING ST 1 DEV 413.24 310.37
3096-932-24-0000 13081 BANNING ST 1 DEV 413.24 310.37
3096-932-25-0000 13091 BANNING ST 1 DEV 413.24 310.37
3134-141-01-0000 12899 BERRYDALE ST 1 DEV 413.24 310.37 3134-141-02-0000 12891 BERRYDALE ST 1 DEV 413.24 310.37 3134-141-03-0000 12883 BERRYDALE ST 1 DEV 413.24 310.37 3134-141-04-0000 12875 BERRYDALE ST 1 DEV 413.24 310.37 3134-141-05-0000 12867 BERRYDALE ST 1 DEV 413.24 310.37 3134-141-06-0000 12859 BERRYDALE ST 1 DEV 413.24 310.37 3134-141-07-0000 12851 BERRYDALE ST 1 DEV 413.24 310.37 3134-141-08-0000 12843 BERRYDALE ST 1 DEV 413.24 310.37 3134-141-09-0000 12835 BERRYDALE ST 1 DEV 413.24 310.37 3134-141-10-0000 12827 BERRYDALE ST 1 DEV 413.24 310.37 3134-141-11-0000 12819 BERRYDALE ST 1 DEV 413.24 310.37 3134-141-12-0000 12828 BERRYDALE ST 1 DEV 413.24 310.37 3134-141-13-0000 12836 BERRYDALE ST 1 DEV 413.24 310.37 3134-141-14-0000 12846 BERRYDALE ST 1 DEV 413.24 310.37 3134-141-15-0000 12854 BERRYDALE ST 1 DEV 413.24 310.37 3134-141-16-0000 12862 BERRYDALE ST 1 DEV 413.24 310.37 3134-141-17-0000 12870 BERRYDALE ST 1 DEV 413.24 310.37 3134-141-18-0000 12270 BRYNWOOD ST 1 DEV 413.24 310.37
3134-141-19-0000 12262 BRYNWOOD ST 1 DEV 413.24 310.37
3134-141-20-0000 12370 ALTO REY LN 1 DEV 413.24 310.37
3134-141-21-0000 12358 ALTO REY LN 1 DEV 413.24 310.37
3134-141-22-0000 12346 ALTO REY LN 1 DEV 413.24 310.37
3134-141-23-0000 12330 ALTO REY LN 1 DEV 413.24 310.37
3134-141-24-0000 12322 ALTO REY LN 1 DEV 413.24 310.37
3134-141-25-0000 12316 ALTO REY LN 1 DEV 413.24 310.37
3134-141-26-0000 12874 FENCE RIDER WAY 1 DEV 413.24 310.37 3134-141-27-0000 12862 FENCE RIDER WAY 1 DEV 413.24 310.37 3134-141-28-0000 12850 FENCERIDER WAY 1 DEV 413.24 310.37 3134-141-29-0000 12840 FENCE RIDER WAY 1 DEV 413.24 310.37 3134-141-30-0000 12830 FENCE RIDER WAY 1 DEV 413.24 310.37 3134-141-31-0000 12820 FENCE RIDER WAY 1 DEV 413.24 310.37 3134-141-32-0000 12812 FENCE RIDER WAY 1 DEV 413.24 310.37 3134-141-33-0000 12806 FENCE RIDER WAY 1 DEV 413.24 310.37 3134-141-34-0000 12805 FENCE RIDER WAY 1 DEV 413.24 310.37 3134-141-35-0000 12811 FENCE RIDER WAY 1 DEV 413.24 310.37 3134-141-36-0000 12819 FENCE RIDER WAY 1 DEV 413.24 310.37 Willdan Financial Services Page 9 of 16
APN Land Use
Class
Land Use
Description Max Tax Charge
City of Victorville
Community Facilities District No. 01-01
Fiscal Year 2023/24 Preliminary Charge Detail Report
(Sorted by APN)
Situs Address
3134-141-37-0000 12829 FENCE RIDER WAY 1 DEV 413.24 310.37 3134-141-38-0000 12839 FENCE RIDER WAY 1 DEV 413.24 310.37 3134-141-39-0000 12849 FENCE RIDER WAY 1 DEV 413.24 310.37 3134-141-40-0000 12861 FENCE RIDER WAY 1 DEV 413.24 310.37 3134-141-41-0000 12252 BRYNWOOD ST 1 DEV 413.24 310.37
3134-141-42-0000 12240 BRYNWOOD ST 1 DEV 413.24 310.37
3134-141-43-0000 12230 BRYNWOOD ST 1 DEV 413.24 310.37
3134-141-44-0000 12220 BRYNWOOD ST 1 DEV 413.24 310.37
3134-141-45-0000 12882 BROOKDALE ST 1 DEV 413.24 310.37 3134-141-46-0000 12874 BROOKDALE ST 1 DEV 413.24 310.37 3134-141-47-0000 12866 BROOKDALE ST 1 DEV 413.24 310.37 3134-141-48-0000 12858 BROOKDALE ST 1 DEV 413.24 310.37 3134-141-49-0000 12850 BROOKDALE ST 1 DEV 413.24 310.37 3134-141-50-0000 12844 BROOKDALE ST 1 DEV 413.24 310.37 3134-141-51-0000 12836 BROOKDALE ST 1 DEV 413.24 310.37 3134-141-52-0000 12828 BROOKDALE ST 1 DEV 413.24 310.37 3134-141-53-0000 12820 BROOKDALE ST 1 DEV 413.24 310.37 3134-141-54-0000 12812 BROOKDALE ST 1 DEV 413.24 310.37 3134-141-55-0000 12827 BROOKDALE ST 1 DEV 413.24 310.37 3134-141-56-0000 12835 BROOKDALE ST 1 DEV 413.24 310.37 3134-141-57-0000 12843 BROOKDALE ST 1 DEV 413.24 310.37 3134-141-58-0000 12851 BROOKDALE ST 1 DEV 413.24 310.37 3134-141-59-0000 12859 BROOKDALE ST 1 DEV 413.24 310.37 3134-141-60-0000 12867 BROOKDALE ST 1 DEV 413.24 310.37 3134-151-01-0000 12811 BERRYDALE ST 1 DEV 413.24 310.37 3134-151-02-0000 12803 BERRYDALE ST 1 DEV 413.24 310.37 3134-151-03-0000 12795 BERRYDALE ST 1 DEV 413.24 310.37 3134-151-04-0000 12787 BERRYDALE ST 1 DEV 413.24 310.37 3134-151-05-0000 12779 BERRYDALE ST 1 DEV 413.24 310.37 3134-151-06-0000 12771 BERRYDALE ST 1 DEV 413.24 310.37 3134-151-07-0000 12763 BERRYDALE ST 1 DEV 413.24 310.37 3134-151-08-0000 12755 BERRYDALE ST 1 DEV 413.24 310.37 3134-151-09-0000 12747 BERRYDALE ST 1 DEV 413.24 310.37 3134-151-10-0000 12735 BERRYDALE ST 1 DEV 413.24 310.37 3134-151-11-0000 12727 BERRYDALE ST 1 DEV 413.24 310.37 3134-151-12-0000 12291 WOODHOLLOW ST 1 DEV 413.24 310.37 3134-151-13-0000 12281 WOODHOLLOW ST 1 DEV 413.24 310.37 3134-151-14-0000 12271 WOODHOLLOW ST 1 DEV 413.24 310.37 3134-151-15-0000 12263 WOODHOLLOW ST 1 DEV 413.24 310.37 3134-151-16-0000 12255 WOODHOLLOW ST 1 DEV 413.24 310.37 3134-151-17-0000 12247 WOODHOLLOW ST 1 DEV 413.24 310.37 3134-151-18-0000 12239 WOODHOLLOW ST 1 DEV 413.24 310.37 3134-151-19-0000 12231 WOODHOLLOW ST 1 DEV 413.24 310.37 3134-151-20-0000 12223 WOODHOLLOW ST 1 DEV 413.24 310.37 3134-151-21-0000 12215 WOODHOLLOW ST 1 DEV 413.24 310.37 3134-151-22-0000 12216 WOODHOLLOW ST 1 DEV 413.24 310.37 3134-151-23-0000 12224 WOODHOLLOW ST 1 DEV 413.24 310.37 3134-151-24-0000 12232 WOODHOLLOW ST 1 DEV 413.24 310.37 3134-151-25-0000 12240 WOODHOLLOW ST 1 DEV 413.24 310.37 3134-151-26-0000 12250 WOODHOLLOW ST 1 DEV 413.24 310.37 3134-151-27-0000 12260 WOODHOLLOW ST 1 DEV 413.24 310.37 3134-151-28-0000 12268 WOODHOLLOW ST 1 DEV 413.24 310.37 3134-151-29-0000 12278 WOODHOLLOW ST 1 DEV 413.24 310.37 3134-151-30-0000 12760 BERRYDALE ST 1 DEV 413.24 310.37 3134-151-31-0000 12768 BERRYDALE ST 1 DEV 413.24 310.37 3134-151-32-0000 12776 BERRYDALE ST 1 DEV 413.24 310.37 3134-151-33-0000 12784 BERRYDALE ST 1 DEV 413.24 310.37 Willdan Financial Services Page 10 of 16
APN Land Use
Class
Land Use
Description Max Tax Charge
City of Victorville
Community Facilities District No. 01-01
Fiscal Year 2023/24 Preliminary Charge Detail Report
(Sorted by APN)
Situs Address
3134-151-34-0000 12792 BERRYDALE ST 1 DEV 413.24 310.37 3134-151-35-0000 12800 BERRYDALE ST 1 DEV 413.24 310.37 3134-151-36-0000 12808 BERRYDALE ST 1 DEV 413.24 310.37 3134-151-37-0000 12804 BROOKDALE ST 1 DEV 413.24 310.37 3134-151-38-0000 12796 BROOKDALE ST 1 DEV 413.24 310.37 3134-151-39-0000 12788 BROOKDALE ST 1 DEV 413.24 310.37 3134-151-40-0000 12778 BROOKDALE ST 1 DEV 413.24 310.37 3134-151-41-0000 12770 BROOKDALE ST 1 DEV 413.24 310.37 3134-151-42-0000 12766 BROOKDALE ST 1 DEV 413.24 310.37 3134-151-43-0000 12765 BROOKDALE ST 1 DEV 413.24 310.37 3134-151-44-0000 12769 BROOKDALE ST 1 DEV 413.24 310.37 3134-151-45-0000 12775 BROOKDALE ST 1 DEV 413.24 310.37 3134-151-46-0000 12783 BROOKDALE ST 1 DEV 413.24 310.37 3134-151-47-0000 12791 BROOKDALE ST 1 DEV 413.24 310.37 3134-151-48-0000 12801 BROOKDALE ST 1 DEV 413.24 310.37 3134-151-49-0000 12811 BROOKDALE ST 1 DEV 413.24 310.37 3134-161-01-0000 12790 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-161-02-0000 12770 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-161-03-0000 12760 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-161-04-0000 12750 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-161-05-0000 12740 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-161-06-0000 12730 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-161-07-0000 12720 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-161-08-0000 12710 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-161-09-0000 12707 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-161-10-0000 12717 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-161-11-0000 12727 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-161-12-0000 12737 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-161-13-0000 12747 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-161-14-0000 12757 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-161-15-0000 12767 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-161-16-0000 12777 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-161-17-0000 12792 FENCE RIDER WAY 1 DEV 413.24 310.37 3134-161-18-0000 12784 FENCE RIDER WAY 1 DEV 413.24 310.37 3134-161-19-0000 12776 FENCE RIDER WAY 1 DEV 413.24 310.37 3134-161-20-0000 12766 FENCE RIDER WAY 1 DEV 413.24 310.37 3134-161-21-0000 12758 FENCE RIDER WAY 1 DEV 413.24 310.37 3134-161-22-0000 12750 FENCERIDER WAY 1 DEV 413.24 310.37 3134-161-23-0000 12740 FENCE RIDER WAY 1 DEV 413.24 310.37 3134-161-24-0000 12730 FENCE RIDER WAY 1 DEV 413.24 310.37 3134-161-25-0000 12720 FENCE RIDER WAY 1 DEV 413.24 310.37 3134-161-26-0000 12717 FENCE RIDER WAY 1 DEV 413.24 310.37 3134-161-27-0000 12721 FENCE RIDER WAY 1 DEV 413.24 310.37 3134-161-28-0000 12731 FENCE RIDER WAY 1 DEV 413.24 310.37 3134-161-29-0000 12741 FENCE RIDER WAY 1 DEV 413.24 310.37 3134-161-30-0000 12329 BLAZING STAR LN 1 DEV 413.24 310.37 3134-161-31-0000 12339 BLAZING STAR LN 1 DEV 413.24 310.37 3134-161-32-0000 12353 BLAZING STAR LN 1 DEV 413.24 310.37 3134-161-33-0000 12361 BLAZING STAR LN 1 DEV 413.24 310.37 3134-161-34-0000 12760 BLAZING STAR WAY 1 DEV 413.24 310.37 3134-161-35-0000 12750 BLAZING STAR WAY 1 DEV 413.24 310.37 3134-161-36-0000 12740 BLAZING STAR WAY 1 DEV 413.24 310.37 3134-161-37-0000 12730 BLAZING STAR WAY 1 DEV 413.24 310.37 3134-161-38-0000 12729 BLAZING STAR WAY 1 DEV 413.24 310.37 3134-161-39-0000 12735 BLAZING STAR WAY 1 DEV 413.24 310.37 3134-161-40-0000 12741 BLAZING STAR WAY 1 DEV 413.24 310.37 3134-161-41-0000 12405 BLAZING STAR LN 1 DEV 413.24 310.37 Willdan Financial Services Page 11 of 16
APN Land Use
Class
Land Use
Description Max Tax Charge
City of Victorville
Community Facilities District No. 01-01
Fiscal Year 2023/24 Preliminary Charge Detail Report
(Sorted by APN)
Situs Address
3134-161-42-0000 12415 BLAZING STAR LN 1 DEV 413.24 310.37 3134-161-43-0000 12431 BLAZING STAR LN 1 DEV 413.24 310.37 3134-161-44-0000 12440 BLAZING STAR LN 1 DEV 413.24 310.37 3134-161-45-0000 12430 BLAZING STAR LN 1 DEV 413.24 310.37 3134-161-46-0000 12420 BLAZING STAR LN 1 DEV 413.24 310.37 3134-161-47-0000 12410 BLAZING STAR LN 1 DEV 413.24 310.37 3134-161-48-0000 12400 BLAZING STAR LN 1 DEV 413.24 310.37 3134-161-49-0000 12390 BLAZING STAR LN 1 DEV 413.24 310.37 3134-161-50-0000 12378 BLAZING STAR LN 1 DEV 413.24 310.37 3134-161-51-0000 12366 BLAZING STAR LN 1 DEV 413.24 310.37 3134-161-52-0000 12354 BLAZING STAR LN 1 DEV 413.24 310.37 3134-161-53-0000 12342 BLAZING STAR LN 1 DEV 413.24 310.37 3134-161-54-0000 12330 BLAZING STAR LN 1 DEV 413.24 310.37 3134-171-01-0000 12891 PUEBLO LN 1 DEV 413.24 310.37
3134-171-02-0000 12883 PUEBLO LN 1 DEV 413.24 310.37
3134-171-03-0000 12873 PUEBLO LN 1 DEV 413.24 310.37
3134-171-04-0000 12859 PUEBLO LN 1 DEV 413.24 310.37
3134-171-05-0000 12847 PUEBLO LN 1 DEV 413.24 310.37
3134-171-06-0000 12837 PUEBLO LN 1 DEV 413.24 310.37
3134-171-07-0000 12827 PUEBLO LN 1 DEV 413.24 310.37
3134-171-08-0000 12860 PUEBLO LN 1 DEV 413.24 310.37
3134-171-09-0000 12848 PUEBLO LN 1 DEV 413.24 310.37
3134-171-10-0000 12838 PUEBLO LN 1 DEV 413.24 310.37
3134-171-11-0000 12828 PUEBLO LN 1 DEV 413.24 310.37
3134-171-12-0000 12818 PUEBLO LN 1 DEV 413.24 310.37
3134-171-13-0000 12371 ANTELOPE DR 1 DEV 413.24 310.37
3134-171-14-0000 12381 ANTELOPE DR 1 DEV 413.24 310.37
3134-171-15-0000 12391 ANTELOPE DR 1 DEV 413.24 310.37
3134-171-16-0000 12403 ANTELOPE DR 1 DEV 413.24 310.37
3134-171-17-0000 12413 ANTELOPE DR 1 DEV 413.24 310.37
3134-171-18-0000 12423 ANTELOPE DR 1 DEV 413.24 310.37
3134-171-19-0000 12433 ANTELOPE DR 1 DEV 413.24 310.37
3134-171-20-0000 12443 ANTELOPE DR 1 DEV 413.24 310.37
3134-171-21-0000 12451 ANTELOPE DR 1 DEV 413.24 310.37
3134-171-22-0000 12463 ANTELOPE DR 1 DEV 413.24 310.37
3134-171-23-0000 12789 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-171-24-0000 12805 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-171-25-0000 12811 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-171-26-0000 12819 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-171-27-0000 12827 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-171-28-0000 12837 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-171-29-0000 12847 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-171-30-0000 12857 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-171-31-0000 12867 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-171-32-0000 12879 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-171-33-0000 12889 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-171-34-0000 12890 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-171-35-0000 12880 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-171-36-0000 12870 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-171-37-0000 12858 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-171-38-0000 12848 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-171-39-0000 12838 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-171-40-0000 12828 BOOTRIDGE LN 1 DEV 413.24 310.37 3134-171-41-0000 12827 ANTELOPE LN 1 DEV 413.24 310.37
3134-171-42-0000 12837 ANTELOPE LN 1 DEV 413.24 310.37
3134-171-43-0000 12847 ANTELOPE LN 1 DEV 413.24 310.37
3134-171-44-0000 12857 ANTELOPE LN 1 DEV 413.24 310.37
Willdan Financial Services Page 12 of 16
APN Land Use
Class
Land Use
Description Max Tax Charge
City of Victorville
Community Facilities District No. 01-01
Fiscal Year 2023/24 Preliminary Charge Detail Report
(Sorted by APN)
Situs Address
3134-171-45-0000 12871 ANTELOPE LN 1 DEV 413.24 310.37
3134-171-46-0000 12879 ANTELOPE LN 1 DEV 413.24 310.37
3134-171-47-0000 12889 ANTELOPE LN 1 DEV 413.24 310.37
3134-171-48-0000 12890 ANTELOPE LN 1 DEV 413.24 310.37
3134-171-49-0000 12880 ANTELOPE LN 1 DEV 413.24 310.37
3134-171-50-0000 12872 ANTELOPE LN 1 DEV 413.24 310.37
3134-171-51-0000 12858 ANTELOPE LN 1 DEV 413.24 310.37
3134-171-52-0000 12848 ANTELOPE LN 1 DEV 413.24 310.37
3134-171-53-0000 12838 ANTELOPE LN 1 DEV 413.24 310.37
3134-171-54-0000 12828 ANTELOPE LN 1 DEV 413.24 310.37
3134-221-43-0000 12694 WATER LILY LN 1 DEV 413.24 310.37 3134-221-44-0000 12684 WATER LILY LN 1 DEV 413.24 310.37 3134-221-45-0000 12674 WATER LILY LN 1 DEV 413.24 310.37 3134-221-46-0000 12662 WATER LILY LN 1 DEV 413.24 310.37 3134-221-47-0000 12652 WATER LILY LN 1 DEV 413.24 310.37 3134-221-48-0000 12649 WATER LILY LN 1 DEV 413.24 310.37 3134-221-49-0000 12659 WATER LILY LN 1 DEV 413.24 310.37 3134-221-50-0000 12669 WATER LILY LN 1 DEV 413.24 310.37 3134-221-51-0000 12679 WATER LILY LN 1 DEV 413.24 310.37 3134-221-52-0000 12689 WATER LILY LN 1 DEV 413.24 310.37 3134-221-53-0000 12690 SHOREWOOD WAY 1 DEV 413.24 310.37 3134-221-54-0000 12680 SHOREWOOD WAY 1 DEV 413.24 310.37 3134-221-55-0000 12670 SHOREWOOD WAY 1 DEV 413.24 310.37 3134-221-56-0000 12658 SHOREWOOD WAY 1 DEV 413.24 310.37 3134-221-57-0000 12650 SHOREWOOD WAY 1 DEV 413.24 310.37 3134-221-58-0000 12649 SHOREWOOD WAY 1 DEV 413.24 310.37 3134-221-59-0000 12659 SHOREWOOD WAY 1 DEV 413.24 310.37 3134-221-60-0000 12677 SHOREWOOD WAY 1 DEV 413.24 310.37 3134-221-61-0000 12689 SHOREWOOD WAY 1 DEV 413.24 310.37 3134-241-01-0000 12694 SHOREWOOD LN 1 DEV 413.24 310.37 3134-241-02-0000 12684 SHOREWOOD LN 1 DEV 413.24 310.37 3134-241-03-0000 12674 SHOREWOOD LN 1 DEV 413.24 310.37 3134-241-04-0000 12664 SHOREWOOD LN 1 DEV 413.24 310.37 3134-241-05-0000 12650 SHOREWOOD LN 1 DEV 413.24 310.37 3134-241-06-0000 12653 SHOREWOOD LN 1 DEV 413.24 310.37 3134-241-07-0000 12661 SHOREWOOD LN 1 DEV 413.24 310.37 3134-241-08-0000 12671 SHOREWOOD LN 1 DEV 413.24 310.37 3134-241-09-0000 12691 SHOREWOOD LN 1 DEV 413.24 310.37 3134-241-10-0000 12740 SWEETWATER CIR 1 DEV 413.24 310.37 3134-241-11-0000 12730 SWEETWATER CIR 1 DEV 413.24 310.37 3134-241-12-0000 12720 SWEETWATER CIR 1 DEV 413.24 310.37 3134-241-13-0000 12710 SWEETWATER CIR 1 DEV 413.24 310.37 3134-241-14-0000 12700 SWEETWATER CIR 1 DEV 413.24 310.37 3134-241-15-0000 12690 SWEETWATER CIR 1 DEV 413.24 310.37 3134-241-16-0000 12693 SWEETWATER CIR 1 DEV 413.24 310.37 3134-241-17-0000 12705 SWEETWATER CIR 1 DEV 413.24 310.37 3134-241-18-0000 12721 SWEETWATER CIR 1 DEV 413.24 310.37 3134-241-19-0000 12737 SWEETWATER CIR 1 DEV 413.24 310.37 3134-241-20-0000 12724 SWEETWATER WAY 1 DEV 413.24 310.37 3134-241-21-0000 12712 SWEETWATER WAY 1 DEV 413.24 310.37 3134-241-22-0000 12702 SWEETWATER WAY 1 DEV 413.24 310.37 3134-241-23-0000 12690 SWEETWATER WAY 1 DEV 413.24 310.37 3134-241-24-0000 12689 SWEETWATER WAY 1 DEV 413.24 310.37 3134-241-25-0000 12699 SWEETWATER WAY 1 DEV 413.24 310.37 3134-241-26-0000 12711 SWEETWATER WAY 1 DEV 413.24 310.37 3134-241-27-0000 12723 SWEETWATER WAY 1 DEV 413.24 310.37 3134-251-01-0000 NO SITUS AVAILABLE UND UND 48,749.98 - Willdan Financial Services Page 13 of 16
APN Land Use
Class
Land Use
Description Max Tax Charge
City of Victorville
Community Facilities District No. 01-01
Fiscal Year 2023/24 Preliminary Charge Detail Report
(Sorted by APN)
Situs Address
3134-261-01-0000 12707 SUNGLOW LN 1 DEV 413.24 310.37
3134-261-02-0000 12695 SUNGLOW LN 1 DEV 413.24 310.37
3134-261-03-0000 12685 SUNGLOW LN 1 DEV 413.24 310.37
3134-261-04-0000 12675 SUNGLOW LN 1 DEV 413.24 310.37
3134-261-05-0000 12663 SUNGLOW LN 1 DEV 413.24 310.37
3134-261-06-0000 12653 SUNGLOW LN 1 DEV 413.24 310.37
3134-261-07-0000 12641 SUNGLOW LN 1 DEV 413.24 310.37
3134-261-08-0000 12631 SUNGLOW LN 1 DEV 413.24 310.37
3134-261-09-0000 12290 SUNGLOW CT 1 DEV 413.24 310.37
3134-261-10-0000 12304 SUNGLOW CT 1 DEV 413.24 310.37
3134-261-11-0000 12636 SUNGLOW LN 1 DEV 413.24 310.37
3134-261-12-0000 12648 SUNGLOW LN 1 DEV 413.24 310.37
3134-261-13-0000 12658 SUNGLOW LN 1 DEV 413.24 310.37
3134-261-14-0000 12321 PRIMAVERA WAY 1 DEV 413.24 310.37 3134-261-15-0000 12311 PRIMAVERA WAY 1 DEV 413.24 310.37 3134-261-16-0000 12299 PRIMAVERA WAY 1 DEV 413.24 310.37 3134-261-17-0000 12285 PRIMAVERA WAY 1 DEV 413.24 310.37 3134-261-18-0000 12277 PRIMAVERA WAY 1 DEV 413.24 310.37 3134-261-19-0000 12653 TABLEROCK LN 1 DEV 413.24 310.37 3134-261-20-0000 12643 TABLEROCK LN 1 DEV 413.24 310.37 3134-261-21-0000 12648 TABLEROCK LN 1 DEV 413.24 310.37 3134-261-22-0000 12660 TABLEROCK LN 1 DEV 413.24 310.37 3134-261-23-0000 12670 TABLEROCK LN 1 DEV 413.24 310.37 3134-261-24-0000 12248 PRIMAVERA WAY 1 DEV 413.24 310.37 3134-261-25-0000 12260 PRIMAVERA WAY 1 DEV 413.24 310.37 3134-261-26-0000 12270 PRIMAVERA WAY 1 DEV 413.24 310.37 3134-261-27-0000 12280 PRIMAVERA WAY 1 DEV 413.24 310.37 3134-261-28-0000 12290 PRIMAVERA WAY 1 DEV 413.24 310.37 3134-261-29-0000 12300 PRIMAVERA WAY 1 DEV 413.24 310.37 3134-261-30-0000 12312 PRIMAVERA WAY 1 DEV 413.24 310.37 3134-261-31-0000 12324 PRIMAVERA WAY 1 DEV 413.24 310.37 3134-261-32-0000 12644 WESTWAY LN 1 DEV 413.24 310.37
3134-261-33-0000 12656 WESTWAY LN 1 DEV 413.24 310.37
3134-261-34-0000 12668 WESTWAY LN 1 DEV 413.24 310.37
3134-261-35-0000 12678 WESTWAY LN 1 DEV 413.24 310.37
3134-261-36-0000 12210 PRIMAVERA WAY 1 DEV 413.24 310.37 3134-261-37-0000 12224 PRIMAVERA WAY 1 DEV 413.24 310.37 3134-261-38-0000 12236 PRIMAVERA WAY 1 DEV 413.24 310.37 3134-261-39-0000 12671 WESTWAY LN 1 DEV 413.24 310.37
3134-261-40-0000 12659 WESTWAY LN 1 DEV 413.24 310.37
3134-261-41-0000 12647 WESTWAY LN 1 DEV 413.24 310.37
3134-271-01-0000 12621 SUNGLOW LN 1 DEV 413.24 310.37
3134-271-02-0000 12611 SUNGLOW LN 1 DEV 413.24 310.37
3134-271-03-0000 12601 SUNGLOW LN 1 DEV 413.24 310.37
3134-271-04-0000 12593 SUNGLOW LN 1 DEV 413.24 310.37
3134-271-05-0000 12579 SUNGLOW LN 1 DEV 413.24 310.37
3134-271-06-0000 12567 SUNGLOW LN 1 DEV 413.24 310.37
3134-271-07-0000 12563 SUNGLOW LN 1 DEV 413.24 310.37
3134-271-08-0000 12551 SUNGLOW LN 1 DEV 413.24 310.37
3134-271-09-0000 12539 SUNGLOW LN 1 DEV 413.24 310.37
3134-271-10-0000 12331 CHACOMA WAY 1 DEV 413.24 310.37
3134-271-11-0000 12321 CHACOMA WAY 1 DEV 413.24 310.37
3134-271-12-0000 12313 CHACOMA WAY 1 DEV 413.24 310.37
3134-271-13-0000 12303 CHACOMA WAY 1 DEV 413.24 310.37
3134-271-14-0000 12293 CHACOMA WAY 1 DEV 413.24 310.37
3134-271-15-0000 12283 CHACOMA WAY 1 DEV 413.24 310.37
3134-271-16-0000 12271 CHACOMA WAY 1 DEV 413.24 310.37
Willdan Financial Services Page 14 of 16
APN Land Use
Class
Land Use
Description Max Tax Charge
City of Victorville
Community Facilities District No. 01-01
Fiscal Year 2023/24 Preliminary Charge Detail Report
(Sorted by APN)
Situs Address
3134-271-17-0000 12261 CHACOMA WAY 1 DEV 413.24 310.37
3134-271-18-0000 12251 CHACOMA WAY 1 DEV 413.24 310.37
3134-271-19-0000 12241 CHACOMA WAY 1 DEV 413.24 310.37
3134-271-20-0000 12229 CHACOMA WAY 1 DEV 413.24 310.37
3134-271-21-0000 12219 CHACOMA WAY 1 DEV 413.24 310.37
3134-271-22-0000 12209 CHACOMA WAY 1 DEV 413.24 310.37
3134-271-23-0000 12248 CHACOMA WAY 1 DEV 413.24 310.37
3134-271-24-0000 12258 CHACOMA WAY 1 DEV 413.24 310.37
3134-271-25-0000 12268 CHACOMA WAY 1 DEV 413.24 310.37
3134-271-26-0000 12278 CHACOMA WAY 1 DEV 413.24 310.37
3134-271-27-0000 12290 CHACOMA WAY 1 DEV 413.24 310.37
3134-271-28-0000 12300 CHACOMA WAY 1 DEV 413.24 310.37
3134-271-29-0000 12308 CHACOMA WAY 1 DEV 413.24 310.37
3134-271-30-0000 12318 CHACOMA WAY 1 DEV 413.24 310.37
3134-271-31-0000 12596 SUNGLOW LN 1 DEV 413.24 310.37
3134-271-32-0000 12604 SUNGLOW LN 1 DEV 413.24 310.37
3134-271-33-0000 12614 SUNGLOW LN 1 DEV 413.24 310.37
3134-271-34-0000 12303 SUNGLOW CT 1 DEV 413.24 310.37
3134-271-35-0000 12291 SUNGLOW CT 1 DEV 413.24 310.37
3134-271-36-0000 NO SITUS AVAILABLE EXE EXE - - 3134-271-37-0000 12317 PAPOOSE WAY 1 DEV 413.24 310.37
3134-271-38-0000 12307 PAPOOSE WAY 1 DEV 413.24 310.37
3134-271-39-0000 12297 PAPOOSE WAY 1 DEV 413.24 310.37
3134-271-40-0000 12287 PAPOOSE WAY 1 DEV 413.24 310.37
3134-271-41-0000 12277 PAPOOSE WAY 1 DEV 413.24 310.37
3134-271-42-0000 12267 PAPOOSE WAY 1 DEV 413.24 310.37
3134-271-43-0000 12257 PAPOOSE WAY 1 DEV 413.24 310.37
3134-271-44-0000 12588 TABLEROCK LN 1 DEV 413.24 310.37 3134-271-45-0000 12598 TABLEROCK LN 1 DEV 413.24 310.37 3134-271-46-0000 12608 TABLEROCK LN 1 DEV 413.24 310.37 3134-271-47-0000 12618 TABLEROCK LN 1 DEV 413.24 310.37 3134-271-48-0000 12628 TABLEROCK LN 1 DEV 413.24 310.37 3134-271-49-0000 12638 TABLEROCK LN 1 DEV 413.24 310.37 3134-271-50-0000 12633 TABLEROCK LN 1 DEV 413.24 310.37 3134-271-51-0000 12623 TABLEROCK LN 1 DEV 413.24 310.37 3134-271-52-0000 12613 TABLEROCK LN 1 DEV 413.24 310.37 3134-271-53-0000 12603 TABLEROCK LN 1 DEV 413.24 310.37 3134-271-54-0000 12290 PAPOOSE WAY 1 DEV 413.24 310.37
3134-271-55-0000 12300 PAPOOSE WAY 1 DEV 413.24 310.37
3134-271-56-0000 12552 WESTWAY LN 1 DEV 413.24 310.37
3134-271-57-0000 12564 WESTWAY LN 1 DEV 413.24 310.37
3134-271-58-0000 12574 WESTWAY LN 1 DEV 413.24 310.37
3134-271-59-0000 12584 WESTWAY LN 1 DEV 413.24 310.37
3134-271-60-0000 12594 WESTWAY LN 1 DEV 413.24 310.37
3134-271-61-0000 12604 WESTWAY LN 1 DEV 413.24 310.37
3134-271-62-0000 12614 WESTWAY LN 1 DEV 413.24 310.37
3134-271-63-0000 12624 WESTWAY LN 1 DEV 413.24 310.37
3134-271-64-0000 12634 WESTWAY LN 1 DEV 413.24 310.37
3134-271-65-0000 12637 WESTWAY LN 1 DEV 413.24 310.37
3134-271-66-0000 12627 WESTWAY LN 1 DEV 413.24 310.37
3134-271-67-0000 12617 WESTWAY LN 1 DEV 413.24 310.37
3134-271-68-0000 12609 WESTWAY LN 1 DEV 413.24 310.37
3134-271-69-0000 12599 WESTWAY LN 1 DEV 413.24 310.37
3134-271-70-0000 12589 WESTWAY LN 1 DEV 413.24 310.37
3134-271-71-0000 12577 WESTWAY LN 1 DEV 413.24 310.37
3134-271-72-0000 12567 WESTWAY LN 1 DEV 413.24 310.37
3134-271-73-0000 12553 WESTWAY LN 1 DEV 413.24 310.37
Willdan Financial Services Page 15 of 16
APN Land Use
Class
Land Use
Description Max Tax Charge
City of Victorville
Community Facilities District No. 01-01
Fiscal Year 2023/24 Preliminary Charge Detail Report
(Sorted by APN)
Situs Address
3134-341-01-0000 NO SITUS AVAILABLE UND UND 55,684.80 - 3134-481-01-0000 12400 HONEYBEAR LN 1 DEV 413.24 310.37 3134-481-02-0000 12408 HONEYBEAR LN 1 DEV 413.24 310.37 3134-481-03-0000 12418 HONEYBEAR LN 1 DEV 413.24 310.37 3134-481-04-0000 12428 HONEYBEAR LN 1 DEV 413.24 310.37 3134-481-05-0000 12436 HONEYBEAR LN 1 DEV 413.24 310.37 3134-481-06-0000 12446 HONEYBEAR LN 1 DEV 413.24 310.37 3134-481-07-0000 12454 HONEYBEAR LN 1 DEV 413.24 310.37 3134-481-08-0000 12464 HONEYBEAR LN 1 DEV 413.24 310.37 3134-481-09-0000 12474 HONEYBEAR LN 1 DEV 413.24 310.37 3134-481-10-0000 12484 HONEYBEAR LN 1 DEV 413.24 310.37 3134-481-11-0000 12273 KNOBHILL LN 1 DEV 413.24 310.37
3134-481-12-0000 12263 KNOBHILL LN 1 DEV 413.24 310.37
3134-481-13-0000 12253 KNOBHILL LN 1 DEV 413.24 310.37
3134-481-14-0000 12241 KNOBHILL LN 1 DEV 413.24 310.37
3134-481-15-0000 12231 KNOBHILL LN 1 DEV 413.24 310.37
3134-481-16-0000 12221 KNOBHILL LN 1 DEV 413.24 310.37
3134-481-17-0000 12211 KNOBHILL LN 1 DEV 413.24 310.37
3134-481-18-0000 12475 KELSEY ST 1 DEV 413.24 310.37
3134-481-19-0000 12465 KELSEY ST 1 DEV 413.24 310.37
3134-481-20-0000 12455 KELSEY ST 1 DEV 413.24 310.37
3134-481-21-0000 12445 KELSEY ST 1 DEV 413.24 310.37
3134-481-22-0000 12435 KELSEY ST 1 DEV 413.24 310.37
3134-481-23-0000 12425 KELSEY ST 1 DEV 413.24 310.37
3134-481-24-0000 12411 KELSEY ST 1 DEV 413.24 310.37
3134-481-25-0000 12403 KELSEY ST 1 DEV 413.24 310.37
3134-481-26-0000 12337 WOODVIEW AVE 1 DEV 413.24 310.37 3134-481-27-0000 12347 WOODVIEW AVE 1 DEV 413.24 310.37 3134-481-28-0000 12357 WOODVIEW AVE 1 DEV 413.24 310.37 3134-481-29-0000 12405 HONEYBEAR LN 1 DEV 413.24 310.37 3134-481-30-0000 12415 HONEYBEAR LN 1 DEV 413.24 310.37 3134-481-31-0000 12248 KYLE CT 1 DEV 413.24 310.37
3134-481-32-0000 12251 KYLE CT 1 DEV 413.24 310.37
3134-481-33-0000 12261 KYLE CT 1 DEV 413.24 310.37
3134-481-34-0000 12273 KYLE CT 1 DEV 413.24 310.37
3134-481-35-0000 12274 KNOBHILL LN 1 DEV 413.24 310.37
3134-481-36-0000 12264 KNOBHILL LN 1 DEV 413.24 310.37
3134-481-37-0000 12254 KNOBHILL LN 1 DEV 413.24 310.37
3134-481-38-0000 12244 KNOBHILL LN 1 DEV 413.24 310.37
3134-481-39-0000 12460 KELSEY ST 1 DEV 413.24 310.37
3134-481-40-0000 12450 KELSEY ST 1 DEV 413.24 310.37
3134-481-41-0000 12440 KELSEY ST 1 DEV 413.24 310.37
3134-481-42-0000 12430 KELSEY ST 1 DEV 413.24 310.37
3134-481-43-0000 12420 KELSEY ST 1 DEV 413.24 310.37
Total $474,697.82 $278,091.52
Total Parcels 899
Charged Parcels 896
Willdan Financial Services Page 16 of 16
Attachment C
Map of CFD 07-01
Attachment D
Resolution No. 23-053
RESOLUTION NO. 23-053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE CONFIRMING THE ANNUAL SPECIAL TAX
AMOUNTS TO BE LEVIED AGAINST THE PARCELS
WITHIN THE COMMUNITY FACILITIES DISTRICT 07-01
FOR THE TAX YEAR 2023-2024
WHEREAS, the City of Victorville ha s, by Ordinance No . 2200, authorized the levy of a special tax with in the Community Facilities Di strict No. 07- 01, under the provisions of Chapter 2.5, Part 1, Division 2, Title 5 (commencing with Section 53311 of the California Government Code, commo nly known as the “Mello-Roos Community Facilities Act of 1982”); and
WHEREAS, Ordinance No. 2200 aut horizes that t he special tax be determined each year by resolution and shall not exceed that set forth in the rate and method of apportionment; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the special tax levy is determ ined to be in accordance with the methodology set forth in Ordinance No. 22 00, authorizing the levy and the tax methodology of the special tax in the Community Facilities District No. 07-01. The list of assessments for the annexed area are shown in Attachment “1” attached hereto and are on file in the Finance Division of the City of Victorville.
SECTION 2. That the special tax levy shall be collected in the same manner as ordinary ad valorem property taxes are co llected and shall be subject to the same penalties and the same procedu re, sale and lien priority in case of delinquency as is provided for ad valorem taxes, as such procedure may be modified by the law or by the City Council from time to time.
SECTION 3. That the Ci ty Clerk of the City of Victorville is hereby ordered and directed to file a certified copy of the special tax levy roll with the County together with a certified copy of this resolution upon its adoption.
SECTION 4. That the works of im provement determined by the Community Facilities District No. 07-01 include financing all or a portion of the acquisition construction, and installation of public fac ilities, including City faciliti es and parks, ro ads and public safety capital improvements, as set forth in Resolution 02-38, adopted by the City Council of the City of Victorville May 7, 2002. The faciliti es and the cost of the facilities for Community Facilities District No. 07-01 is set forth in Re solutions No. 07-151, adopted May 15, 2007 and Resolution No. 07-188, adopted June 19, 2007.
APN Land Use
Class
Land Use
Description MaxTax Charge
3104-761-01-0000 15036 MATEO PRADO WAY 1 RES $1,100.97 $689.36 3104-761-02-0000 15024 MATEO PRADO WAY 1 RES 1,100.97 689.36 3104-761-03-0000 15012 MATEO PRADO WAY 1 RES 1,100.97 689.36 3104-761-04-0000 15008 MATEO PRADO WAY 1 RES 1,100.97 689.36 3104-761-05-0000 14986 MATEO PRADO WAY 1 RES 1,100.97 689.36 3104-761-06-0000 14974 MATEO PRADO WAY 1 RES 1,100.97 689.36 3104-761-07-0000 14962 MATEO PRADO WAY 1 RES 1,100.97 689.36 3104-761-08-0000 14958 MATEO PRADO WAY 1 RES 1,100.97 689.36 3104-761-09-0000 14946 MATEO PRADO WAY 1 RES 1,100.97 689.36 3104-761-10-0000 14934 MATEO PRADO WAY 1 RES 1,100.97 689.36 3104-761-11-0000 14922 MATEO PRADO WAY 1 RES 1,100.97 689.36 3104-761-12-0000 14918 MATEO PRADO WAY 1 RES 1,100.97 689.36 3104-761-13-0000 14906 MATEO PRADO WAY 1 RES 1,100.97 689.36 3104-761-14-0000 14905 MATEO PRADO WAY 1 RES 1,100.97 689.36 3104-761-15-0000 14904 BANDERA WAY 1 RES 1,100.97 689.36 3104-761-16-0000 14916 BANDERA WAY 2 RES 1,177.85 737.48 3104-761-17-0000 14917 MATEO PRADO WAY 1 RES 1,100.97 689.36 3104-761-18-0000 12939 LOS PICAROS LN 1 RES 1,100.97 689.36 3104-761-19-0000 12943 LOS PICAROS LN 1 RES 1,100.97 689.36 3104-761-20-0000 12955 LOS PICAROS LN 1 RES 1,100.97 689.36 3104-761-21-0000 12967 LOS PICAROS LN 1 RES 1,100.97 689.36 3104-761-22-0000 12979 LOS PICAROS LN 1 RES 1,100.97 689.36 3104-761-23-0000 12978 LOS PICAROS LN 1 RES 1,100.97 689.36 3104-761-24-0000 12966 LOS PICAROS LN 1 RES 1,100.97 689.36 3104-761-25-0000 12954 LOS PICAROS LN 1 RES 1,100.97 689.36 3104-761-26-0000 12942 LOS PICAROS LN 1 RES 1,100.97 689.36 3104-761-27-0000 12938 LOS PICAROS LN 1 RES 1,100.97 689.36 3104-761-28-0000 12933 SAN FELIPE ST 1 RES 1,100.97 689.36 3104-761-29-0000 12945 SAN FELIPE ST 1 RES 1,100.97 689.36 3104-761-30-0000 12957 SAN FELIPE ST 1 RES 1,100.97 689.36 3104-761-31-0000 12969 SAN FELIPE ST 1 RES 1,100.97 689.36 3104-761-32-0000 12973 SAN FELIPE ST 1 RES 1,100.97 689.36 3104-761-33-0000 12974 SAN FELIPE ST 1 RES 1,100.97 689.36 3104-761-34-0000 12962 SAN FELIPE ST 1 RES 1,100.97 689.36 3104-761-35-0000 12958 SAN FELIPE ST 1 RES 1,100.97 689.36 3104-761-36-0000 12946 SAN FELIPE ST 1 RES 1,100.97 689.36 3104-761-37-0000 12934 SAN FELIPE ST 1 RES 1,100.97 689.36 3104-761-38-0000 12935 PRESIDIO PL 1 RES 1,100.97 689.36 3104-761-39-0000 12947 PRESIDIO PL 1 RES 1,100.97 689.36 3104-761-40-0000 12959 PRESIDIO PL 3 RES 1,216.29 761.56 3104-761-41-0000 12965 PRESIDIO PL 2 RES 1,177.85 737.48 3104-761-42-0000 12971 PRESIDIO PL 1 RES 1,100.97 689.36 3104-761-43-0000 15035 BANDERA WAY 3 RES 1,216.29 761.56 3104-761-44-0000 15023 BANDERA WAY 1 RES 1,100.97 689.36 3104-761-45-0000 15019 BANDERA WAY 2 RES 1,177.85 737.48 3104-761-46-0000 15007 BANDERA WAY 3 RES 1,216.29 761.56 3104-761-47-0000 14995 BANDERA WAY 1 RES 1,100.97 689.36 3104-761-48-0000 14983 BANDERA WAY 3 RES 1,216.29 761.56 3104-761-49-0000 14979 BANDERA WAY 1 RES 1,100.97 689.36 3104-761-50-0000 14967 BANDERA WAY 2 RES 1,177.85 737.48 3104-761-51-0000 14955 BANDERA WAY 3 RES 1,216.29 761.56 3104-761-52-0000 14943 BANDERA WAY 1 RES 1,100.97 689.36 3104-761-53-0000 14939 BANDERA WAY 2 RES 1,177.85 737.48 3104-761-54-0000 14927 BANDERA WAY 3 RES 1,216.29 761.56 3104-761-55-0000 14915 BANDERA WAY 1 RES 1,100.97 689.36 3104-761-56-0000 14903 BANDERA WAY 3 RES 1,216.29 761.56 3104-762-01-0000 14909 FLAMENCO PL 2 RES 1,177.85 737.48 City of Victorville
Community Facilities District No. 07-01
Fiscal Year 2023/24 Preliminary Charge Detail Report
(Sorted by APN)
Situs Address
Willdan Financial Services Page 1 of 5
Attachment 1
APN Land Use
Class
Land Use
Description MaxTax Charge
City of Victorville
Community Facilities District No. 07-01
Fiscal Year 2023/24 Preliminary Charge Detail Report
(Sorted by APN)
Situs Address
3104-762-02-0000 14917 FLAMENCO PL 3 RES 1,216.29 761.56 3104-762-03-0000 14929 FLAMENCO PL 2 RES 1,177.85 737.48 3104-762-04-0000 14941 FLAMENCO PL 5 RES 1,392.00 871.58 3104-762-05-0000 14953 FLAMENCO PL 5 RES 1,392.00 871.58 3104-762-06-0000 13083 HILCORTE LN 3 RES 1,216.29 761.56 3104-762-07-0000 13091 HILCORTE LN 2 RES 1,177.85 737.48 3104-762-08-0000 14979 FLAMENCO PL 4 RES 1,316.50 824.30 3104-762-09-0000 14983 FLAMENCO PL 1 RES 1,100.97 689.36 3104-762-10-0000 14995 FLAMENCO PL 5 RES 1,392.00 871.58 3104-762-11-0000 15007 FLAMENCO PL 3 RES 1,216.29 761.56 3104-762-12-0000 14978 DIAMOND RD 5 RES 1,392.00 871.58 3104-762-13-0000 14982 DIAMOND RD 3 RES 1,216.29 761.56 3104-762-14-0000 14994 DIAMOND RD 2 RES 1,177.85 737.48 3104-762-15-0000 15006 DIAMOND RD 3 RES 1,216.29 761.56 3104-762-16-0000 13096 GALVEZ ST 2 RES 1,177.85 737.48
3104-762-17-0000 13084 GALVEZ ST 3 RES 1,216.29 761.56
3104-762-18-0000 13072 GALVEZ ST 4 RES 1,316.50 824.30
3104-762-19-0000 15023 FLAMENCO PL 2 RES 1,177.85 737.48 3104-762-20-0000 15035 FLAMENCO PL 3 RES 1,216.29 761.56 3104-762-21-0000 15034 FLAMENCO PL 1 RES 1,100.97 689.36 3104-762-22-0000 15022 FLAMENCO PL 4 RES 1,316.50 824.30 3104-762-23-0000 15018 FLAMENCO PL 5 RES 1,392.00 871.58 3104-762-24-0000 15006 FLAMENCO PL 3 RES 1,216.29 761.56 3104-762-25-0000 14994 FLAMENCO PL 2 RES 1,177.85 737.48 3104-762-26-0000 14982 FLAMENCO PL 5 RES 1,392.00 871.58 3104-762-27-0000 14978 FLAMENCO PL 4 RES 1,316.50 824.30 3104-762-28-0000 14966 FLAMENCO PL 2 RES 1,177.85 737.48 3104-762-29-0000 14954 FLAMENCO PL 1 RES 1,100.97 689.36 3104-762-30-0000 14942 FLAMENCO PL 4 RES 1,316.50 824.30 3104-762-31-0000 14938 FLAMENCO PL 3 RES 1,216.29 761.56 3104-762-32-0000 14926 FLAMENCO PL 1 RES 1,100.97 689.36 3104-762-33-0000 14914 FLAMENCO PL 5 RES 1,392.00 871.58 3104-762-34-0000 14902 FLAMENCO PL 4 RES 1,316.50 824.30 3104-771-01-0000 15156 MATEO PRADO WAY 1 RES 1,100.97 689.36 3104-771-02-0000 15144 MATEO PRADO WAY 3 RES 1,216.29 761.56 3104-771-03-0000 15132 MATEO PRADO WAY 1 RES 1,100.97 689.36 3104-771-04-0000 15128 MATEO PRADO WAY 2 RES 1,177.85 737.48 3104-771-05-0000 15116 MATEO PRADO WAY 1 RES 1,100.97 689.36 3104-771-06-0000 15104 MATEO PRADO WAY 2 RES 1,177.85 737.48 3104-771-07-0000 15092 MATEO PRADO WAY 1 RES 1,100.97 689.36 3104-771-08-0000 15088 MATEO PRADO WAY 3 RES 1,216.29 761.56 3104-771-09-0000 15076 MATEO PRADO WAY 1 RES 1,100.97 689.36 3104-771-10-0000 15064 MATEO PRADO WAY 1 RES 1,100.97 689.36 3104-771-11-0000 15052 MATEO PRADO WAY 1 RES 1,100.97 689.36 3104-771-12-0000 15048 MATEO PRADO WAY 1 RES 1,100.97 689.36 3104-771-13-0000 12970 PRESIDIO PL 1 RES 1,100.97 689.36 3104-771-14-0000 12966 PRESIDIO PL 1 RES 1,100.97 689.36 3104-771-15-0000 12952 PRESIDIO PL 2 RES 1,177.85 737.48 3104-771-16-0000 12948 PRESIDIO PL 1 RES 1,100.97 689.36 3104-771-17-0000 12936 PRESIDIO PL 1 RES 1,100.97 689.36 3104-771-18-0000 15065 MATEO PRADO WAY 1 RES 1,100.97 689.36 3104-771-19-0000 15077 MATEO PRADO WAY 2 RES 1,177.85 737.48 3104-771-20-0000 15089 MATEO PRADO WAY 3 RES 1,216.29 761.56 3104-771-21-0000 15093 MATEO PRADO WAY 2 RES 1,177.85 737.48 3104-771-22-0000 15105 MATEO PRADO WAY 1 RES 1,100.97 689.36 3104-771-23-0000 15117 MATEO PRADO WAY 2 RES 1,177.85 737.48 3104-771-24-0000 15129 MATEO PRADO WAY 3 RES 1,216.29 761.56 Willdan Financial Services Page 2 of 5
APN Land Use
Class
Land Use
Description MaxTax Charge
City of Victorville
Community Facilities District No. 07-01
Fiscal Year 2023/24 Preliminary Charge Detail Report
(Sorted by APN)
Situs Address
3104-771-25-0000 15133 MATEO PRADO WAY 2 RES 1,177.85 737.48 3104-771-26-0000 15145 MATEO PRADO WAY 1 RES 1,100.97 689.36 3104-771-27-0000 15157 MATEO PRADO WAY 2 RES 1,177.85 737.48 3104-771-28-0000 15154 BANDERA WAY 5 RES 1,392.00 871.58 3104-771-29-0000 15142 BANDERA WAY 1 RES 1,100.97 689.36 3104-771-30-0000 15138 BANDERA WAY 2 RES 1,177.85 737.48 3104-771-31-0000 13008 ABILINE CT 2 RES 1,177.85 737.48 3104-771-32-0000 12996 ABILINE CT 2 RES 1,177.85 737.48 3104-771-33-0000 12984 ABILINE CT 1 RES 1,100.97 689.36 3104-771-34-0000 12972 ABILINE CT 1 RES 1,100.97 689.36 3104-771-35-0000 12968 ABILINE CT 2 RES 1,177.85 737.48 3104-771-36-0000 12956 ABILINE CT 5 RES 1,392.00 871.58 3104-771-37-0000 12953 ABILINE CT 2 RES 1,177.85 737.48 3104-771-38-0000 12965 ABILINE CT 5 RES 1,392.00 871.58 3104-771-39-0000 12977 ABILINE CT 2 RES 1,177.85 737.48 3104-771-40-0000 12989 ABILINE CT 1 RES 1,100.97 689.36 3104-771-41-0000 12999 ABILINE CT 5 RES 1,392.00 871.58 3104-771-42-0000 12976 ROMERO LN 3 RES 1,216.29 761.56
3104-771-43-0000 12964 ROMERO LN 1 RES 1,100.97 689.36
3104-771-44-0000 12952 ROMERO LN 2 RES 1,177.85 737.48
3104-771-45-0000 12951 ROMERO LN 2 RES 1,177.85 737.48
3104-771-46-0000 12963 ROMERO LN 3 RES 1,216.29 761.56
3104-771-47-0000 12975 ROMERO LN 1 RES 1,100.97 689.36
3104-772-01-0000 15194 DIAMOND RD 5 RES 1,392.00 871.58 3104-772-02-0000 15183 BANDERA WAY 2 RES 1,177.85 737.48 3104-772-03-0000 15179 BANDERA WAY 2 RES 1,177.85 737.48 3104-772-04-0000 15167 BANDERA WAY 5 RES 1,392.00 871.58 3104-772-05-0000 15155 BANDERA WAY 1 RES 1,100.97 689.36 3104-772-06-0000 15143 BANDERA WAY 2 RES 1,177.85 737.48 3104-772-07-0000 15139 BANDERA WAY 5 RES 1,392.00 871.58 3104-772-08-0000 15127 BANDERA WAY 2 RES 1,177.85 737.48 3104-772-09-0000 15115 BANDERA WAY 5 RES 1,392.00 871.58 3104-772-10-0000 15103 BANDERA WAY 3 RES 1,216.29 761.56 3104-772-11-0000 15099 BANDERA WAY 1 RES 1,100.97 689.36 3104-772-12-0000 15087 BANDERA WAY 1 RES 1,100.97 689.36 3104-772-13-0000 15075 BANDERA WAY 2 RES 1,177.85 737.48 3104-772-14-0000 15063 BANDERA WAY 1 RES 1,100.97 689.36 3104-772-15-0000 15059 BANDERA WAY 3 RES 1,216.29 761.56 3104-772-16-0000 15047 BANDERA WAY 2 RES 1,177.85 737.48 3104-772-17-0000 15049 FLAMENCO PL 1 RES 1,100.97 689.36 3104-772-18-0000 15061 FLAMENCO PL 3 RES 1,216.29 761.56 3104-772-19-0000 13079 DUNE LN 5 RES 1,392.00 871.58
3104-772-20-0000 13083 DUNE LN 1 RES 1,100.97 689.36
3104-772-21-0000 13095 DUNE LN 2 RES 1,177.85 737.48
3104-772-22-0000 13092 QUINADO WAY 3 RES 1,216.29 761.56 3104-772-23-0000 13088 QUINADO WAY 3 RES 1,216.29 761.56 3104-772-24-0000 13065 QUINADO WAY 5 RES 1,392.00 871.58 3104-772-25-0000 13077 QUINADO WAY 3 RES 1,216.29 761.56 3104-772-26-0000 13089 QUINADO WAY 2 RES 1,177.85 737.48 3104-772-27-0000 13093 QUINADO WAY 5 RES 1,392.00 871.58 3104-772-28-0000 13094 DUNE LN 3 RES 1,216.29 761.56
3104-772-29-0000 13082 DUNE LN 5 RES 1,392.00 871.58
3104-772-30-0000 13078 DUNE LN 5 RES 1,392.00 871.58
3104-772-31-0000 13066 DUNE LN 3 RES 1,216.29 761.56
3104-772-32-0000 13054 DUNE LN 4 RES 1,316.50 824.30
3104-772-33-0000 15074 FLAMENCO PL 3 RES 1,216.29 761.56 3104-772-34-0000 15062 FLAMENCO PL 5 RES 1,392.00 871.58 Willdan Financial Services Page 3 of 5
APN Land Use
Class
Land Use
Description MaxTax Charge
City of Victorville
Community Facilities District No. 07-01
Fiscal Year 2023/24 Preliminary Charge Detail Report
(Sorted by APN)
Situs Address
3104-772-35-0000 15058 FLAMENCO PL 2 RES 1,177.85 737.48 3104-772-36-0000 15046 FLAMENCO PL 3 RES 1,216.29 761.56 3104-772-37-0000 NO BANDERA WAY EXE APPROVED - - 3104-772-38-0000 NO SITUS AVAILABLE EXE APPROVED - - 3104-781-01-0000 15298 DIAMOND RD 1 RES 1,100.97 689.36 3104-781-02-0000 15292 DIAMOND RD 2 RES 1,177.85 737.48 3104-781-03-0000 15284 DIAMOND RD 1 RES 1,100.97 689.36 3104-781-04-0000 15276 DIAMOND RD 2 RES 1,177.85 737.48 3104-781-05-0000 15273 BANDERA WAY 1 RES 1,100.97 689.36 3104-781-06-0000 15285 BANDERA WAY 3 RES 1,216.29 761.56 3104-781-07-0000 13064 VISTA ABAJO WAY 1 RES 1,100.97 689.36 3104-781-08-0000 13052 VISTA ABAJO WAY 2 RES 1,177.85 737.48 3104-781-09-0000 13048 VISTA ABAJO WAY 5 RES 1,392.00 871.58 3104-781-10-0000 13036 VISTA ABAJO WAY 1 RES 1,100.97 689.36 3104-781-11-0000 13024 VISTA ABAJO WAY 1 RES 1,100.97 689.36 3104-781-12-0000 13012 VISTA ABAJO WAY 2 RES 1,177.85 737.48 3104-781-13-0000 13008 VISTA ABAJO WAY 1 RES 1,100.97 689.36 3104-781-14-0000 13005 VISTA ABAJO WAY 1 RES 1,100.97 689.36 3104-781-15-0000 13017 VISTA ABAJO WAY 1 RES 1,100.97 689.36 3104-781-16-0000 13029 VISTA ABAJO WAY 1 RES 1,100.97 689.36 3104-781-17-0000 13033 VISTA ABAJO WAY 1 RES 1,100.97 689.36 3104-781-18-0000 13045 VISTA ABAJO WAY 1 RES 1,100.97 689.36 3104-781-19-0000 13046 YSIDRO LN 3 RES 1,216.29 761.56
3104-781-20-0000 13032 YSIDRO LN 1 RES 1,100.97 689.36
3104-781-21-0000 13028 YSIDRO LN 4 RES 1,316.50 824.30
3104-781-22-0000 13016 YSIDRO LN 2 RES 1,177.85 737.48
3104-781-23-0000 13004 YSIDRO LN 4 RES 1,316.50 824.30
3104-781-24-0000 13003 YSIDRO LN 5 RES 1,392.00 871.58
3104-781-25-0000 13015 YSIDRO LN 3 RES 1,216.29 761.56
3104-781-26-0000 13027 YSIDRO LN 4 RES 1,316.50 824.30
3104-781-27-0000 13039 YSIDRO LN 2 RES 1,177.85 737.48
3104-781-28-0000 13045 YSIDRO LN 3 RES 1,216.29 761.56
3104-781-29-0000 13046 CAMINO DE ORO PL 3 RES 1,216.29 761.56 3104-781-30-0000 13034 CAMINO DE ORO PL 2 RES 1,177.85 737.48 3104-781-31-0000 13022 CAMINO DE ORO PL 4 RES 1,316.50 824.30 3104-781-32-0000 13018 CAMINO DE ORO PL 3 RES 1,216.29 761.56 3104-781-33-0000 13006 CAMINO DE ORO PL 5 RES 1,392.00 871.58 3104-781-34-0000 12994 CAMINO DE ORO PL 2 RES 1,177.85 737.48 3104-781-35-0000 12982 CAMINO DE ORO PL 5 RES 1,392.00 871.58 3104-781-36-0000 12978 CAMINO DE ORO PL 1 RES 1,100.97 689.36 3104-781-37-0000 12966 CAMINO DE ORO PL 2 RES 1,177.85 737.48 3104-781-38-0000 12954 CAMINO DE ORO PL 1 RES 1,100.97 689.36 3104-781-39-0000 12942 CAMINO DE ORO PL 2 RES 1,177.85 737.48 3104-781-40-0000 12938 CAMINO DE ORO PL 3 RES 1,216.29 761.56 3104-781-41-0000 12926 CAMINO DE ORO PL 1 RES 1,100.97 689.36 3104-781-42-0000 12914 CAMINO DE ORO PL 1 RES 1,100.97 689.36 3104-781-43-0000 12902 CAMINO DE ORO PL 2 RES 1,177.85 737.48 3104-781-44-0000 15172 MATEO PRADO WAY 1 RES 1,100.97 689.36 3104-781-45-0000 15168 MATEO PRADO WAY 2 RES 1,177.85 737.48 3104-781-46-0000 12939 CAMINO DE ORO PL 1 RES 1,100.97 689.36 3104-781-47-0000 12943 CAMINO DE ORO PL 3 RES 1,216.29 761.56 3104-781-48-0000 12955 CAMINO DE ORO PL 2 RES 1,177.85 737.48 3104-781-49-0000 12967 CAMINO DE ORO PL 1 RES 1,100.97 689.36 3104-781-50-0000 12979 CAMINO DE ORO PL 5 RES 1,392.00 871.58 3104-781-51-0000 12983 CAMINO DE ORO PL 1 RES 1,100.97 689.36 3104-781-52-0000 12995 CAMINO DE ORO PL 5 RES 1,392.00 871.58 3104-781-53-0000 13007 CAMINO DE ORO PL 2 RES 1,177.85 737.48 Willdan Financial Services Page 4 of 5
APN Land Use
Class
Land Use
Description MaxTax Charge
City of Victorville
Community Facilities District No. 07-01
Fiscal Year 2023/24 Preliminary Charge Detail Report
(Sorted by APN)
Situs Address
3104-781-54-0000 13019 CAMINO DE ORO PL 1 RES 1,100.97 689.36 3104-781-55-0000 13023 CAMINO DE ORO PL 1 RES 1,100.97 689.36 3104-781-56-0000 13035 CAMINO DE ORO PL 5 RES 1,392.00 871.58 3104-781-57-0000 13047 CAMINO DE ORO PL 3 RES 1,216.29 761.56 3104-781-58-0000 15206 DIAMOND RD 3 RES 1,216.29 761.56 3104-781-59-0000 15218 DIAMOND RD 2 RES 1,177.85 737.48 3104-781-60-0000 15222 DIAMOND RD 1 RES 1,100.97 689.36 3104-781-61-0000 15234 DIAMOND RD 3 RES 1,216.29 761.56 3104-781-62-0000 15246 DIAMOND RD 2 RES 1,177.85 737.48 3104-781-63-0000 15250 DIAMOND RD 1 RES 1,100.97 689.36 3104-781-64-0000 15258 DIAMOND RD 3 RES 1,216.29 761.56 3104-781-65-0000 15264 DIAMOND RD 1 RES 1,100.97 689.36 3104-781-66-0000 15265 BANDERA WAY 2 RES 1,177.85 737.48 3104-781-67-0000 15259 BANDERA WAY 5 RES 1,392.00 871.58 3104-781-68-0000 15251 BANDERA WAY 2 RES 1,177.85 737.48 3104-781-69-0000 15247 BANDERA WAY 4 RES 1,316.50 824.30 3104-781-70-0000 15235 BANDERA WAY 1 RES 1,100.97 689.36 3104-781-71-0000 15223 BANDERA WAY 5 RES 1,392.00 871.58 3104-781-72-0000 15219 BANDERA WAY 1 RES 1,100.97 689.36 3104-781-73-0000 15207 BANDERA WAY 5 RES 1,392.00 871.58 3104-781-74-0000 15195 BANDERA WAY 3 RES 1,216.29 761.56 Total $293,043.07 $183,483.74
Total Parcels 249
Charged Parcels 247
Willdan Financial Services Page 5 of 5
Item Number: 4
City Council / Board of Directors
Consent Calendar
Meeting of: June 20, 2023
Submitted By:
John Mendiola, Finance Director / City Treasurer
Subject:
Payroll Warrant List
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 10C for Payroll Period April 14, 2023, through April 28, 2023, in the amount of $1,886,987.67 covering Check Nos. 33388 through 33403, including Vendor checks. Please note employee Check No. 33391 & 33394 have a live Check and an EFT Advice. Also included are Advice Nos. 300011 through 300509, per adopted budget for Fiscal Year 2022-2023 (period covering July 1, 2022, through June 30, 2023).
Fiscal Impact:
A total fiscal impact of $1,886,987.67 is authorized with this action. The attached report details the payments by check numbers.
Discussion:
I hereby certify that the claims or demands covered by the attached list of warrants have been audited as to the accuracy and availability of funds for payment thereof and that said claims or demands are accurate and the funds are available for payment thereof.
Attachments: A. Payroll Report PPE 042823
Attachment A
Payroll Report PPE 042823
City of Victorville Council Payroll Report 05/22/2023Page 1 of 13 City of Victorville
City Council Payroll Report
Payroll Period Beginning: April 14, 2023 through April 28, 2023 Checks
Check Number Employee ID Check Date Total Net
33388 3466 05/05/2023 $718.37
33389 3551 05/05/2023 $679.14
33390 3762 05/05/2023 ($776.86)
33390 3762 05/05/2023 $776.86
33391 2705 05/05/2023 $1,177.56
33392 3664 05/05/2023 $364.32
33393 3662 05/05/2023 $95.14
33394 3576 05/05/2023 $163.09
33395 3761 05/05/2023 $1,569.07
33396 240 05/05/2023 $5.00
33397 787 05/05/2023 $50.00
33398 1182 05/05/2023 $100.00
33399 7912 05/05/2023 $500.00
33400 13491 05/05/2023 $422.31
33401 18154 05/05/2023 $175.00
33402 20821 05/05/2023 $423.00
33403 3762 05/05/2023 $1,025.30
Checks Total 7,467.30
City of Victorville Council Payroll Report 05/22/2023Page 2 of 13 Advices
Check Number Employee ID Check Date Total Net
33391 2705 05/05/2023 $2,000.00
33394 3576 05/05/2023 $924.20
300011 3608 05/05/2023 $2,930.84
300012 1099 05/05/2023 $761.85
300013 3758 05/05/2023 $3,021.21
300014 3243 05/05/2023 $3,845.40
300015 2115 05/05/2023 $5,071.32
300016 3142 05/05/2023 $1,654.23
300017 3640 05/05/2023 $1,894.55
300018 3297 05/05/2023 $754.67
300019 3458 05/05/2023 $402.75
300020 3229 05/05/2023 $4,373.17
300021 3283 05/05/2023 $2,472.84
300022 1064 05/05/2023 $7,071.02
300023 3467 05/05/2023 $1,853.25
300024 3727 05/05/2023 $2,037.64
300025 1706 05/05/2023 $4,440.47
300026 2395 05/05/2023 $3,488.28
300027 3700 05/05/2023 $1,829.98
300028 3747 05/05/2023 $1,861.43
300029 3625 05/05/2023 $1,420.09
300030 3684 05/05/2023 $2,182.29
300031 2624 05/05/2023 $2,439.55
300032 3745 05/05/2023 $2,489.74
300033 3043 05/05/2023 $1,991.83
300034 3031 05/05/2023 $2,779.39
300035 1748 05/05/2023 $2,818.55
300036 3638 05/05/2023 $2,989.39
300037 3561 05/05/2023 $2,351.81
300038 1903 05/05/2023 $1,735.15
300039 3616 05/05/2023 $2,279.55
300040 3630 05/05/2023 $1,761.17
300041 3527 05/05/2023 $1,880.82
300042 2682 05/05/2023 $2,186.89
300043 2627 05/05/2023 $1,969.75
300044 2366 05/05/2023 $1,798.67
300045 3750 05/05/2023 $1,974.23
300046 2594 05/05/2023 $2,824.28
300047 3730 05/05/2023 $806.65
300048 3695 05/05/2023 $1,997.84
300049 2093 05/05/2023 $1,736.47
300050 3697 05/05/2023 $4,856.04
300051 1973 05/05/2023 $2,962.90
300052 2019 05/05/2023 $2,493.21
300053 3753 05/05/2023 $2,229.19
300054 3494 05/05/2023 $2,497.04
300055 2233 05/05/2023 $2,785.10
City of Victorville Council Payroll Report 05/22/2023Page 3 of 13 Check Number Employee ID Check Date Total Net
300056 3744 05/05/2023 $1,783.45
300057 2606 05/05/2023 $2,254.88
300058 3660 05/05/2023 $1,567.09
300059 3046 05/05/2023 $2,060.58
300060 1635 05/05/2023 $4,837.05
300061 3653 05/05/2023 $2,245.91
300062 3327 05/05/2023 $2,096.64
300063 3752 05/05/2023 $1,935.68
300064 3624 05/05/2023 $1,889.35
300065 3242 05/05/2023 $2,538.11
300066 2618 05/05/2023 $1,895.78
300067 3573 05/05/2023 $1,701.90
300068 2619 05/05/2023 $2,350.57
300069 2603 05/05/2023 $1,781.16
300070 2491 05/05/2023 $2,344.94
300071 2235 05/05/2023 $4,493.83
300072 2300 05/05/2023 $6,937.58
300073 3754 05/05/2023 $2,521.97
300074 2685 05/05/2023 $1,777.27
300075 3521 05/05/2023 $2,372.90
300076 3528 05/05/2023 $2,033.84
300077 3045 05/05/2023 $2,335.88
300078 3499 05/05/2023 $2,321.96
300079 3755 05/05/2023 $1,912.23
300080 3362 05/05/2023 $2,048.05
300081 2297 05/05/2023 $1,979.66
300082 2232 05/05/2023 $2,780.33
300083 1957 05/05/2023 $2,565.11
300084 3290 05/05/2023 $1,901.92
300085 3085 05/05/2023 $2,022.23
300086 3246 05/05/2023 $3,145.95
300087 2042 05/05/2023 $3,904.94
300088 3714 05/05/2023 $1,638.17
300089 3742 05/05/2023 $1,673.60
300090 2102 05/05/2023 $2,667.08
300091 2032 05/05/2023 $3,263.54
300092 2323 05/05/2023 $3,118.65
300093 1767 05/05/2023 $2,927.57
300094 3508 05/05/2023 $2,213.12
300095 3682 05/05/2023 $3,208.81
300096 2225 05/05/2023 $4,117.13
300097 3544 05/05/2023 $2,111.17
300098 3221 05/05/2023 $2,685.85
300099 3627 05/05/2023 $2,096.73
300100 3757 05/05/2023 $2,808.61
300101 1533 05/05/2023 $2,300.28
300102 2833 05/05/2023 $2,197.35
300103 2211 05/05/2023 $4,901.37
300104 3497 05/05/2023 $1,615.67
300105 1426 05/05/2023 $1,079.44
City of Victorville Council Payroll Report 05/22/2023Page 4 of 13 Check Number Employee ID Check Date Total Net
300106 3105 05/05/2023 $1,783.10
300107 3703 05/05/2023 $2,010.51
300108 2254 05/05/2023 $2,938.50
300109 3618 05/05/2023 $1,994.27
300110 3482 05/05/2023 $1,721.99
300111 3724 05/05/2023 $1,004.97
300112 3354 05/05/2023 $3,740.03
300113 3011 05/05/2023 $1,704.33
300114 3623 05/05/2023 $1,134.05
300115 3295 05/05/2023 $1,879.74
300116 3184 05/05/2023 $3,239.58
300117 3400 05/05/2023 $2,592.64
300118 3547 05/05/2023 $1,134.05
300119 3673 05/05/2023 $1,134.05
300120 3288 05/05/2023 $1,659.00
300121 3702 05/05/2023 $1,844.80
300122 2742 05/05/2023 $2,761.35
300123 3089 05/05/2023 $2,949.12
300124 3641 05/05/2023 $1,607.06
300125 2379 05/05/2023 $2,187.50
300126 3672 05/05/2023 $1,134.05
300127 3634 05/05/2023 $2,471.29
300128 2711 05/05/2023 $1,644.58
300129 3639 05/05/2023 $1,549.00
300130 3586 05/05/2023 $1,818.52
300131 3190 05/05/2023 $2,812.41
300132 2249 05/05/2023 $5,134.48
300133 3650 05/05/2023 $1,502.03
300134 3393 05/05/2023 $1,685.72
300135 3250 05/05/2023 $1,618.24
300136 3491 05/05/2023 $1,113.32
300137 3548 05/05/2023 $1,134.05
300138 3511 05/05/2023 $2,450.75
300139 3581 05/05/2023 $2,183.49
300140 3396 05/05/2023 $2,011.51
300141 3663 05/05/2023 $1,438.46
300142 3541 05/05/2023 $2,302.94
300143 2499 05/05/2023 $3,095.22
300144 3379 05/05/2023 $2,285.34
300145 3694 05/05/2023 $2,673.89
300146 3737 05/05/2023 $1,980.70
300147 2105 05/05/2023 $4,808.18
300148 3474 05/05/2023 $1,905.88
300149 2515 05/05/2023 $2,800.23
300150 3636 05/05/2023 $2,521.77
300151 2679 05/05/2023 $2,518.77
300152 3490 05/05/2023 $2,214.80
300153 3475 05/05/2023 $2,368.12
300154 2181 05/05/2023 $2,616.29
300155 3353 05/05/2023 $2,622.00
City of Victorville Council Payroll Report 05/22/2023Page 5 of 13 Check Number Employee ID Check Date Total Net
300156 3735 05/05/2023 $3,232.96
300157 3542 05/05/2023 $2,215.50
300158 3731 05/05/2023 $2,381.63
300159 1955 05/05/2023 $3,210.66
300160 1632 05/05/2023 $2,104.25
300161 3736 05/05/2023 $2,434.64
300162 3692 05/05/2023 $2,332.10
300163 3147 05/05/2023 $3,105.75
300164 3732 05/05/2023 $2,334.39
300165 3148 05/05/2023 $2,931.40
300166 3195 05/05/2023 $1,977.89
300167 3602 05/05/2023 $2,429.16
300168 1970 05/05/2023 $2,308.04
300169 1520 05/05/2023 $2,194.44
300170 2605 05/05/2023 $2,197.07
300171 3505 05/05/2023 $4,407.64
300172 2540 05/05/2023 $3,330.06
300173 2377 05/05/2023 $2,899.47
300174 1079 05/05/2023 $2,542.67
300175 2312 05/05/2023 $2,902.16
300176 3510 05/05/2023 $1,945.25
300177 3637 05/05/2023 $2,727.66
300178 1901 05/05/2023 $5,898.89
300179 3628 05/05/2023 $2,242.53
300180 3068 05/05/2023 $2,055.22
300181 3633 05/05/2023 $2,513.57
300182 3129 05/05/2023 $3,373.78
300183 1998 05/05/2023 $2,822.20
300184 2376 05/05/2023 $4,374.96
300185 2111 05/05/2023 $2,858.18
300186 3543 05/05/2023 $1,954.59
300187 3303 05/05/2023 $3,586.67
300188 3558 05/05/2023 $2,666.84
300189 1655 05/05/2023 $2,985.12
300190 3285 05/05/2023 $2,508.93
300191 1529 05/05/2023 $1,888.19
300192 3238 05/05/2023 $4,153.95
300193 3346 05/05/2023 $2,142.32
300194 1776 05/05/2023 $3,072.32
300195 3192 05/05/2023 $2,029.93
300196 2655 05/05/2023 $1,491.17
300197 3749 05/05/2023 $1,455.74
300198 2798 05/05/2023 $2,139.16
300199 2522 05/05/2023 $2,746.03
300200 3265 05/05/2023 $2,074.06
300201 1503 05/05/2023 $2,977.56
300202 2505 05/05/2023 $2,734.47
300203 3299 05/05/2023 $1,777.18
300204 3113 05/05/2023 $1,927.62
300205 1007 05/05/2023 $2,991.83
City of Victorville Council Payroll Report 05/22/2023Page 6 of 13 Check Number Employee ID Check Date Total Net
300206 3185 05/05/2023 $2,320.12
300207 3729 05/05/2023 $1,526.57
300208 2343 05/05/2023 $1,295.93
300209 3273 05/05/2023 $2,442.75
300210 3121 05/05/2023 $1,854.20
300211 1497 05/05/2023 $2,520.36
300212 3537 05/05/2023 $2,680.30
300213 2192 05/05/2023 $1,964.22
300214 3513 05/05/2023 $2,132.77
300215 3685 05/05/2023 $1,617.93
300216 2034 05/05/2023 $2,024.77
300217 2275 05/05/2023 $2,834.80
300218 3380 05/05/2023 $2,651.62
300219 3191 05/05/2023 $2,136.98
300220 2530 05/05/2023 $3,533.15
300221 3496 05/05/2023 $918.47
300222 3051 05/05/2023 $1,951.37
300223 1750 05/05/2023 $2,260.21
300224 2770 05/05/2023 $1,870.76
300225 2228 05/05/2023 $2,387.09
300226 3726 05/05/2023 $1,200.46
300227 3748 05/05/2023 $2,149.28
300228 3101 05/05/2023 $2,620.10
300229 3335 05/05/2023 $2,130.47
300230 3611 05/05/2023 $1,222.81
300231 1249 05/05/2023 $2,001.50
300232 3284 05/05/2023 $2,126.90
300233 3580 05/05/2023 $1,134.05
300234 3621 05/05/2023 $1,004.97
300235 3270 05/05/2023 $1,789.96
300236 2248 05/05/2023 $1,947.50
300237 3263 05/05/2023 $1,733.92
300238 3622 05/05/2023 $1,068.29
300239 1588 05/05/2023 $2,131.34
300240 2189 05/05/2023 $2,627.86
300241 3560 05/05/2023 $2,006.97
300242 3509 05/05/2023 $2,504.00
300243 3226 05/05/2023 $1,798.72
300244 3257 05/05/2023 $1,866.59
300245 1121 05/05/2023 $2,354.69
300246 3149 05/05/2023 $2,334.99
300247 1865 05/05/2023 $2,048.88
300248 3479 05/05/2023 $1,661.18
300249 3689 05/05/2023 $1,193.15
300250 1723 05/05/2023 $1,441.25
300251 3296 05/05/2023 $2,109.18
300252 3707 05/05/2023 $1,768.99
300253 3572 05/05/2023 $1,231.13
300254 2531 05/05/2023 $2,629.72
300255 1513 05/05/2023 $2,104.72
City of Victorville Council Payroll Report 05/22/2023Page 7 of 13 Check Number Employee ID Check Date Total Net
300256 2118 05/05/2023 $944.89
300257 3387 05/05/2023 $1,096.97
300258 3330 05/05/2023 $1,687.90
300259 2681 05/05/2023 $3,589.34
300260 2119 05/05/2023 $1,846.46
300261 1612 05/05/2023 $1,975.10
300262 1282 05/05/2023 $2,596.60
300263 3610 05/05/2023 $1,659.83
300264 3277 05/05/2023 $1,769.40
300265 3287 05/05/2023 $1,884.40
300266 3037 05/05/2023 $1,734.51
300267 1449 05/05/2023 $2,742.12
300268 3481 05/05/2023 $1,874.80
300269 2677 05/05/2023 $5,014.76
300270 3688 05/05/2023 $1,134.05
300271 3341 05/05/2023 $1,862.66
300272 1137 05/05/2023 $2,023.79
300273 2383 05/05/2023 $1,920.83
300274 3687 05/05/2023 $1,134.05
300275 3130 05/05/2023 $1,857.20
300276 2489 05/05/2023 $1,824.41
300277 3733 05/05/2023 $1,508.60
300278 3361 05/05/2023 $1,860.57
300279 3139 05/05/2023 $1,454.73
300280 3099 05/05/2023 $1,259.12
300281 2696 05/05/2023 $1,817.78
300282 1287 05/05/2023 $2,972.81
300283 3536 05/05/2023 $2,849.64
300284 3722 05/05/2023 $1,756.29
300285 1254 05/05/2023 $1,997.68
300286 3187 05/05/2023 $1,805.94
300287 2368 05/05/2023 $1,897.08
300288 3095 05/05/2023 $1,685.88
300289 3532 05/05/2023 $1,830.60
300290 3258 05/05/2023 $1,811.66
300291 3100 05/05/2023 $2,680.60
300292 3259 05/05/2023 $1,406.04
300293 3344 05/05/2023 $1,927.28
300294 1338 05/05/2023 $3,448.01
300295 3507 05/05/2023 $1,792.81
300296 2229 05/05/2023 $1,714.10
300297 1049 05/05/2023 $2,285.22
300298 1506 05/05/2023 $1,911.44
300299 1959 05/05/2023 $3,155.24
300300 3004 05/05/2023 $2,343.83
300301 1893 05/05/2023 $1,998.06
300302 3626 05/05/2023 $1,883.85
300303 1581 05/05/2023 $2,448.60
300304 1932 05/05/2023 $1,798.54
300305 3279 05/05/2023 $1,923.65
City of Victorville Council Payroll Report 05/22/2023Page 8 of 13 Check Number Employee ID Check Date Total Net
300306 3725 05/05/2023 $1,134.05
300307 2460 05/05/2023 $1,846.30
300308 3671 05/05/2023 $1,603.90
300309 3112 05/05/2023 $1,595.84
300310 2732 05/05/2023 $1,829.17
300311 2552 05/05/2023 $2,058.44
300312 2476 05/05/2023 $3,838.65
300313 2279 05/05/2023 $2,456.30
300314 3515 05/05/2023 $5,054.21
300315 3092 05/05/2023 $2,503.60
300316 3138 05/05/2023 $2,857.96
300317 3146 05/05/2023 $2,792.52
300318 2590 05/05/2023 $2,164.41
300319 2748 05/05/2023 $2,004.23
300320 3709 05/05/2023 $2,609.35
300321 2669 05/05/2023 $3,094.21
300322 2623 05/05/2023 $1,871.29
300323 2637 05/05/2023 $2,338.45
300324 3079 05/05/2023 $1,865.82
300325 2638 05/05/2023 $2,827.64
300326 3109 05/05/2023 $2,484.51
300327 2671 05/05/2023 $2,933.41
300328 3019 05/05/2023 $4,153.56
300329 2593 05/05/2023 $2,437.93
300330 3328 05/05/2023 $2,339.23
300331 3461 05/05/2023 $2,228.42
300332 2626 05/05/2023 $1,482.21
300333 3038 05/05/2023 $2,569.31
300334 3052 05/05/2023 $1,975.58
300335 2290 05/05/2023 $3,019.15
300336 3716 05/05/2023 $1,637.61
300337 3110 05/05/2023 $3,022.59
300338 2641 05/05/2023 $1,854.13
300339 2612 05/05/2023 $2,352.65
300340 3698 05/05/2023 $1,184.74
300341 2642 05/05/2023 $2,580.39
300342 3705 05/05/2023 $2,032.10
300343 3331 05/05/2023 $1,762.06
300344 2674 05/05/2023 $2,712.30
300345 3231 05/05/2023 $2,341.10
300346 3228 05/05/2023 $2,584.55
300347 2628 05/05/2023 $2,801.57
300348 3301 05/05/2023 $1,642.90
300349 2630 05/05/2023 $2,931.05
300350 3182 05/05/2023 $2,440.77
300351 2599 05/05/2023 $2,110.32
300352 2683 05/05/2023 $2,145.19
300353 2753 05/05/2023 $2,264.56
300354 2610 05/05/2023 $2,371.54
300355 3323 05/05/2023 $3,086.45
City of Victorville Council Payroll Report 05/22/2023Page 9 of 13 Check Number Employee ID Check Date Total Net
300356 1389 05/05/2023 $2,829.78
300357 3264 05/05/2023 $1,952.19
300358 2808 05/05/2023 $1,893.55
300359 2646 05/05/2023 $2,484.21
300360 3617 05/05/2023 $1,559.91
300361 2600 05/05/2023 $2,486.30
300362 2524 05/05/2023 $2,615.65
300363 2686 05/05/2023 $1,946.18
300364 2193 05/05/2023 $2,180.19
300365 3322 05/05/2023 $2,538.80
300366 3629 05/05/2023 $2,565.53
300367 3230 05/05/2023 $3,146.87
300368 1931 05/05/2023 $2,276.05
300369 2038 05/05/2023 $1,587.72
300370 2339 05/05/2023 $2,344.79
300371 2678 05/05/2023 $3,636.88
300372 3240 05/05/2023 $1,916.84
300373 3743 05/05/2023 $1,759.75
300374 3215 05/05/2023 $2,507.24
300375 3140 05/05/2023 $1,785.97
300376 3035 05/05/2023 $1,880.43
300377 3651 05/05/2023 $2,061.95
300378 1853 05/05/2023 $2,827.74
300379 3645 05/05/2023 $704.10
300380 3503 05/05/2023 $2,574.66
300381 3589 05/05/2023 $890.99
300382 3579 05/05/2023 $700.17
300383 3376 05/05/2023 $3,449.74
300384 3384 05/05/2023 $1,093.22
300385 3386 05/05/2023 $1,921.46
300386 2488 05/05/2023 $1,099.99
300387 3120 05/05/2023 $979.05
300388 3502 05/05/2023 $2,203.67
300389 3582 05/05/2023 $997.25
300390 3252 05/05/2023 $2,606.59
300391 3070 05/05/2023 $2,227.34
300392 3657 05/05/2023 $814.33
300393 3740 05/05/2023 $978.45
300394 1866 05/05/2023 $1,877.51
300395 3371 05/05/2023 $1,025.90
300396 3674 05/05/2023 $895.09
300397 3717 05/05/2023 $157.75
300398 3655 05/05/2023 $638.63
300399 3656 05/05/2023 $975.96
300400 2478 05/05/2023 $1,067.04
300401 3648 05/05/2023 $713.42
300402 3471 05/05/2023 $1,066.58
300403 3531 05/05/2023 $3,832.80
300404 3665 05/05/2023 $240.37
300405 3587 05/05/2023 $814.33
City of Victorville Council Payroll Report 05/22/2023Page 10 of 13 Check Number Employee ID Check Date Total Net
300406 3669 05/05/2023 $208.88
300407 3029 05/05/2023 $1,614.26
300408 3326 05/05/2023 $3,155.97
300409 3649 05/05/2023 $330.51
300410 3609 05/05/2023 $920.99
300411 3492 05/05/2023 $361.20
300412 3691 05/05/2023 $920.99
300413 3647 05/05/2023 $644.33
300414 3566 05/05/2023 $726.59
300415 3368 05/05/2023 $1,776.09
300416 2006 05/05/2023 $1,586.80
300417 2684 05/05/2023 $1,428.52
300418 1966 05/05/2023 $2,148.15
300419 3388 05/05/2023 $2,171.73
300420 2355 05/05/2023 $2,538.80
300421 3696 05/05/2023 $2,361.42
300422 3500 05/05/2023 $2,439.75
300423 3654 05/05/2023 $1,430.29
300424 2039 05/05/2023 $1,857.35
300425 3281 05/05/2023 $1,621.76
300426 3550 05/05/2023 $2,836.94
300427 2629 05/05/2023 $2,043.63
300428 3348 05/05/2023 $2,052.90
300429 1544 05/05/2023 $2,451.09
300430 3107 05/05/2023 $2,138.07
300431 3081 05/05/2023 $2,049.07
300432 3523 05/05/2023 $3,843.78
300433 3271 05/05/2023 $1,775.44
300434 3017 05/05/2023 $4,522.00
300435 3706 05/05/2023 $1,370.28
300436 3512 05/05/2023 $2,365.88
300437 2027 05/05/2023 $1,756.71
300438 2330 05/05/2023 $2,939.20
300439 3632 05/05/2023 $1,626.87
300440 3437 05/05/2023 $4,650.70
300441 3652 05/05/2023 $2,126.54
300442 3421 05/05/2023 $2,788.28
300443 3439 05/05/2023 $2,857.14
300444 3440 05/05/2023 $4,415.62
300445 3441 05/05/2023 $3,779.34
300446 3473 05/05/2023 $4,323.62
300447 3406 05/05/2023 $4,894.51
300448 3422 05/05/2023 $6,011.68
300449 3442 05/05/2023 $3,278.34
300450 3433 05/05/2023 $6,553.73
300451 3469 05/05/2023 $3,195.57
300452 3424 05/05/2023 $3,248.36
300453 3414 05/05/2023 $5,307.63
300454 3704 05/05/2023 $3,194.49
300455 3734 05/05/2023 $6,594.22
City of Victorville Council Payroll Report 05/22/2023Page 11 of 13 Check Number Employee ID Check Date Total Net
300456 3710 05/05/2023 $2,273.79
300457 3443 05/05/2023 $4,005.35
300458 3600 05/05/2023 $4,722.35
300459 3711 05/05/2023 $2,500.34
300460 3751 05/05/2023 $2,649.91
300461 3418 05/05/2023 $3,194.68
300462 3759 05/05/2023 $4,318.87
300463 3715 05/05/2023 $3,486.03
300464 3444 05/05/2023 $2,569.39
300465 3583 05/05/2023 $4,931.10
300466 3585 05/05/2023 $3,643.38
300467 3594 05/05/2023 $5,104.32
300468 1718 05/05/2023 $7,527.42
300469 3409 05/05/2023 $3,080.96
300470 3426 05/05/2023 $2,874.27
300471 3642 05/05/2023 $3,342.41
300472 3584 05/05/2023 $3,093.41
300473 3746 05/05/2023 $1,997.00
300474 3538 05/05/2023 $2,034.70
300475 3410 05/05/2023 $4,348.70
300476 3447 05/05/2023 $3,278.34
300477 3427 05/05/2023 $2,741.14
300478 3607 05/05/2023 $3,649.25
300479 3411 05/05/2023 $5,194.24
300480 3448 05/05/2023 $2,849.66
300481 3719 05/05/2023 $1,595.06
300482 3518 05/05/2023 $1,938.83
300483 3449 05/05/2023 $5,224.05
300484 3428 05/05/2023 $3,521.49
300485 3429 05/05/2023 $4,414.59
300486 3455 05/05/2023 $4,064.83
300487 3451 05/05/2023 $5,348.20
300488 3712 05/05/2023 $4,576.85
300489 3595 05/05/2023 $3,735.14
300490 3430 05/05/2023 $5,320.44
300491 3452 05/05/2023 $3,353.01
300492 3417 05/05/2023 $1,381.58
300493 3431 05/05/2023 $6,131.61
300494 3419 05/05/2023 $5,052.43
300495 3524 05/05/2023 $2,551.22
300496 3412 05/05/2023 $7,565.13
300497 3420 05/05/2023 $5,598.42
300498 3378 05/05/2023 $5,383.34
300499 3435 05/05/2023 $2,642.27
300500 3432 05/05/2023 $2,178.75
300501 3408 05/05/2023 $4,057.54
300502 3456 05/05/2023 $4,578.30
300503 3591 05/05/2023 $2,646.19
300504 3392 05/05/2023 $5,109.61
300505 2210 05/05/2023 $2,719.59
City of Victorville Council Payroll Report 05/22/2023Page 12 of 13 Check Number Employee ID Check Date Total Net
300506 3434 05/05/2023 $2,042.41
300507 3757 05/05/2023 $623.61
300508 3749 05/05/2023 $421.30
300509 3759 05/05/2023 $585.77
Advices Total 1,219,349.41
City of Victorville Council Payroll Report 05/22/2023Page 13 of 13 Electronic Vendor Payments
Vendor Check Date Total Gross
IRS 4/25/2023 $3.90
IRS 5/5/2023 $215,264.59
State Taxes 5/8/2023 $59,100.00
CASDU 5/5/2023 $4,359.59
Deferred Comp (457) 4/26/2023 $10.11
Deferred Comp (457) 5/8/2023 $81,803.24
Deferred Comp (401a) 5/8/2023 $272.74
PERS 5/10/2023 $296,296.79
VV Firefighter's Union 5/3/2023 $3,060.00
Electronic Vendor Payments Total 660,170.96
Item Number: 5
City Council / Board of Directors
Consent Calendar
Meeting of: June 20, 2023
Submitted By:
John Mendiola, Finance Director / City Treasurer
Subject:
Commercial Demand Schedule No. 23
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 23 in the amount of $3,341,561.21, covering Electronic Fund Transfers No. 335067 through 335192 and Warrant No. 790651 through 790790 for 05/26/2023 through 06/07/2023, per the adopted budget for Fiscal Year 2022-2023 for the period covering July 1, 2022 through June 30, 2023.
Fiscal Impact:
The total fiscal impact for FY22-23 in the amount of $3,341,561.21 is authorized with this action. The attached report details the total funds paid to vendors.
Background:
Pursuant to the City’s Municipal Code (2.24.080) the attached demands were presented by the departments, audited by the Finance Department and subsequent warrants/wire transfers were issued. All were found to be in conformity to City policies and procedures and funds were budgeted or available to pay said demands. List of commercial warrants and wire transfers are now being presented to Council for approval.
Attachments: A. Commercial Demand Schedule No. 23 Check Register Summary ATTACHMENT A:
Commercial Demand Schedule No. 23 Check Register Summary
CITY OF VICTORVILLE
Report generated: 06/07/2023 15:05 Page 1User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
335067 05/31/2023 EFT 022121 AMERICAN FAMILY LIFE ASSU 1,851.40 335068 05/31/2023 EFT 018562 BEST POWER EQUIPMENT, LLC 1,218.63 335069 05/31/2023 EFT 000297 BECK OIL, INC. 16,377.98
335070 05/31/2023 EFT 003245 CALIFORNIA DEPARTMENT OF 392.00 335071 05/31/2023 EFT 014820 CAL-STATE AUTO PARTS 129.65 335072 05/31/2023 EFT 018132 CLINICAL LABORATORY OF SA 21,825.25 335074 05/31/2023 EFT 010282 DELTA DENTAL INSURANCE CO 3,814.13 335075 05/31/2023 EFT 009492 DELTA DENTAL OF CALIFORNI 31,991.26 335076 05/31/2023 EFT 022345 DIAMOND ENVIRONMENTAL SER 750.46 335077 05/31/2023 EFT 005295 DOKKEN ENGINEERING 1,085.00 335078 05/31/2023 EFT 015760 FASTENAL COMPANY 182.11
335079 05/31/2023 EFT 017560 FERGUSON ENTERPRISES, LLC 1,385.25 335080 05/31/2023 EFT 000975 FRANKLIN TRUCK PARTS, INC 199.55 335081 05/31/2023 EFT 016134 FRONTIER COMMUNICATIONS C 208.32 335082 05/31/2023 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 969.73 335083 05/31/2023 EFT 016026 GEYSER EQUIPMENT, LLC 755.00 335084 05/31/2023 EFT 001063 GOODYEAR TIRE & RUBBER CO 459.40 335085 05/31/2023 EFT 001076 GRAINGER 586.12
335086 05/31/2023 EFT 016317 GREATER HOPE FOUNDATION F 150.00 335087 05/31/2023 EFT 021166 HARKEY, DAWN MARIE 150.00
335088 05/31/2023 EFT 002809 HIGH DESERT HOMELESS SERV 22,931.90 335089 05/31/2023 EFT 000278 HI DESERT ALARM 555.08
335090 05/31/2023 EFT 008848 HI DESERT FIRE PROTECTION 470.41 335091 05/31/2023 EFT 021594 HERITAGE LANDSCAPE SUPPLY 2,988.21 335092 05/31/2023 EFT 018048 INDUSTRIAL CLERICAL RECRU 2,760.80 335093 05/31/2023 EFT 024922 INFOSEND, INC 8,177.61
335094 05/31/2023 EFT 001282 INLAND KENWORTH, INC. 7.45 335095 05/31/2023 EFT 014884 LAYNE CHRISTENSEN COMPANY 15,983.87 335096 05/31/2023 EFT 000696 L.N. CURTIS & SONS 2,476.69 335097 05/31/2023 EFT 019967 MOJAVE AUTO COLLISION 1,118.88 335098 05/31/2023 EFT 001599 MOJAVE DESERT AQMD 1,194.17 335099 05/31/2023 EFT 016352 MONTGOMERY, ROGER 125.00
335100 05/31/2023 EFT 016376 SHEPARD, MARSHALL 14,209.00 335101 05/31/2023 EFT 028462 NINYO & MOORE GEOTECHNICA 9,376.60 335102 05/31/2023 EFT 003523 ODYSSEY POWER CORPORATION 3,220.00 335103 05/31/2023 EFT 010100 OPEN GOV, INC. 9,900.00
335104 05/31/2023 EFT 018519 PARSONS TRANSPORTATION GR 75,289.21 335105 05/31/2023 EFT 001886 PRUDENTIAL OVERALL SUPPLY 391.03 335106 05/31/2023 EFT 024930 REFRIGERATION SUPPLIES DI 31.49 335107 05/31/2023 EFT 020842 ALL PURPOSE FIRE EXT. COR 1,055.87 335108 05/31/2023 EFT 015670 SCORPION FIRE PROTECTION, 7,087.50 335109 05/31/2023 EFT 002123 SHERWIN WILLIAMS COMPANY 1,475.85 335110 05/31/2023 EFT 018368 TARGETSOLUTIONS LEARNING, 504.33 335111 05/31/2023 EFT 017269 TOWN & COUNTRY TIRE INC 1,083.33 335112 05/31/2023 EFT 008430 CALMAT COMPANY 2,490.62
335113 05/31/2023 EFT 013434 VICTORVILLE GLASS CO., IN 465.73 335114 05/31/2023 EFT 011361 WALTERS WHOLESALE ELECTRI 394.72 335115 05/31/2023 EFT 002554 WAXIE SANITARY SUPPLY 1,196.25 335116 05/31/2023 EFT 010274 HD SUPPLY CONSTRUCTION SU 1,362.48 335117 05/31/2023 EFT 018845 Z GLOBAL INC. 11,849.22
335119 06/07/2023 EFT 010826 AIR EXPRESSWAY TOWING, IN 85.00 335120 06/07/2023 EFT 021410 ALERT-ALL CORPORATION 1,587.75
CITY OF VICTORVILLE
Report generated: 06/07/2023 15:05 Page 2User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
335121 06/07/2023 EFT 001646 ALLSTAR FIRE EQUIPMENT 4,914.38 335122 06/07/2023 EFT 000165 ANIMAL EMERGENCY CLINIC 450.00 335123 06/07/2023 EFT 019042 ARVIZU, SAMMY 3,000.00
335124 06/07/2023 EFT 019580 ASTRUM UTILITY SERVICES 16,100.00 335125 06/07/2023 EFT 010862 BABB, JORDAN 100.00
335126 06/07/2023 EFT 000297 BECK OIL, INC. 590.28
335127 06/07/2023 EFT 010986 BRAUN BLAISING SMITH WYNN 5,165.12 335128 06/07/2023 EFT 014820 CAL-STATE AUTO PARTS 306.24 335129 06/07/2023 EFT 022190 CARTER, MEGEAN 120.00
335131 06/07/2023 EFT 015486 CONSOLIDATED ELECTRICAL D 5,146.41 335132 06/07/2023 EFT 000677 CRAFCO, INC. 3,751.88
335133 06/07/2023 EFT 012800 DKF SOLUTIONS GROUP, LLC 1,200.00 335134 06/07/2023 EFT 018870 ENNIS-FLINT, INC. 65,787.04 335135 06/07/2023 EFT 018317 FARMER BROTHERS COFFEE 835.15 335136 06/07/2023 EFT 015760 FASTENAL COMPANY 131.21
335137 06/07/2023 EFT 017560 FERGUSON ENTERPRISES, LLC 113.87 335138 06/07/2023 EFT 017560 FERGUSON WATERWORKS 21,643.43 335139 06/07/2023 EFT 018275 FRANZ BOLOWICH D.O., INC. 1,625.00 335140 06/07/2023 EFT 016134 FRONTIER COMMUNICATIONS C 9,162.67 335141 06/07/2023 EFT 003960 CENGAGE LEARNING, INC. 275.56 335142 06/07/2023 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 1,633.87 335143 06/07/2023 EFT 001063 GOODYEAR TIRE & RUBBER CO 1,118.73 335144 06/07/2023 EFT 016385 GRAFXOLUTION INC 3,251.63
335145 06/07/2023 EFT 001076 GRAINGER 797.44
335146 06/07/2023 EFT 001104 HAAKER EQUIPMENT CO. 451.85 335147 06/07/2023 EFT 010774 HR GREEN PACIFIC, INC. 14,340.00 335148 06/07/2023 EFT 021594 IMPERIAL SPRINKLER SUPPLY 932.89 335149 06/07/2023 EFT 001282 INLAND KENWORTH, INC. 65.10 335150 06/07/2023 EFT 004986 LESLIE'S SWIMMING POOL SU 675.42 335151 06/07/2023 EFT 000696 L.N. CURTIS & SONS 111,016.35 335152 06/07/2023 EFT 001548 MCMASTER-CARR SUPPLY CO. 680.07 335153 06/07/2023 EFT 001603 MOJAVE WATER AGENCY 57,450.00 335154 06/07/2023 EFT 005602 MONTGOMERY HARDWARE CO. 5,937.75 335155 06/07/2023 EFT 016352 MONTGOMERY, ROGER 50.00
335156 06/07/2023 EFT 014011 MYERS AND SONS HI-WAY SAF 6,228.11 335157 06/07/2023 EFT 008568 NBS GOVERNMENT FINANCE GR 8,662.50 335158 06/07/2023 EFT 028462 NINYO & MOORE GEOTECHNICA 9,977.98 335159 06/07/2023 EFT 009644 NORTHERN SAFETY COMPANY I 778.93 335160 06/07/2023 EFT 025260 PENWORTHY COMPANY, THE 321.76 335161 06/07/2023 EFT 022232 PERMA-BOUND BOOKS 317.02
335162 06/07/2023 EFT 013165 PETE'S ROAD SERVICE 2,702.66 335163 06/07/2023 EFT 017106 POUVARANUKOAH, KRIS 249.88 335164 06/07/2023 EFT 021791 PRESTON, JOHN J. 5,624.00
335165 06/07/2023 EFT 001886 PRUDENTIAL OVERALL SUPPLY 1,029.91 335166 06/07/2023 EFT 000319 R&R INDUSTRIES, INC. 537.73 335167 06/07/2023 EFT 018886 RDO EQUIPMENT CO. 73,309.07 335168 06/07/2023 EFT 024930 REFRIGERATION SUPPLIES DI 39.69 335169 06/07/2023 EFT 022187 RENSULAT, SHAMICAH 168.00
335170 06/07/2023 EFT 012308 ROADPOST USA ,INC. 133.90
335171 06/07/2023 EFT 001988 ROSENOW SPEVACEK GROUP 4,931.25 335172 06/07/2023 EFT 002123 SHERWIN WILLIAMS COMPANY 1,821.23 335175 06/07/2023 EFT 001153 DS SERVICES OF AMERICA, I 176.82
CITY OF VICTORVILLE
Report generated: 06/07/2023 15:05 Page 3User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
335176 06/07/2023 EFT 010553 SPOK, INC. 12.18
335177 06/07/2023 EFT 002252 STOVER SEED COMPANY 1,549.69 335178 06/07/2023 EFT 012798 PRO SALES GROUP 58.94
335179 06/07/2023 EFT 017269 TOWN & COUNTRY TIRE INC 3,919.13 335180 06/07/2023 EFT 027532 TRL SYSTEMS, INC. 1,754.27 335181 06/07/2023 EFT 001169 AUTO PARTS DIRECT LLC 250.68 335182 06/07/2023 EFT 002419 UNDERGROUND SERVICE ALERT 113.25 335183 06/07/2023 EFT 029118 UNITED ROTARY BRUSH CORPO 468.72 335184 06/07/2023 EFT 014536 UNITED SITE SERVICES OF C 1,674.44 335185 06/07/2023 EFT 008430 CALMAT COMPANY 521.68
335186 06/07/2023 EFT 002505 VICTORVILLE DISPOSAL, INC 146,484.74 335187 06/07/2023 EFT 002554 WAXIE SANITARY SUPPLY 4,616.84 335188 06/07/2023 EFT 010274 HD SUPPLY CONSTRUCTION SU 2,368.25 335189 06/07/2023 EFT 008863 WINNER INDUSTRIAL SUPPLY 1,499.67 335190 06/07/2023 EFT 022033 WOODARD & CURRAN, INC. 1,067,307.28 335191 06/07/2023 EFT 009637 WSP USA, INC. 3,963.96
335192 06/07/2023 EFT 018845 Z GLOBAL INC. 23,837.79
790651 05/31/2023 PRINTED 021202 ACTIVE911, INC 958.50
790652 05/31/2023 PRINTED 022214 AGNEW, JENNIFER 173.13 790653 05/31/2023 PRINTED 016435 ALLIANT INSURANCE SERVICE 1,289.82 790654 05/31/2023 PRINTED 017968 AVCOM SERVICES, INC. 425.00 790655 05/31/2023 PRINTED 010670 BLUE SHIELD OF CALIFORNIA 9,725.71 790656 05/31/2023 PRINTED 020223 B SAFE PLAYGROUND INSPECT 1,450.00 790657 05/31/2023 PRINTED 021605 CANNAVINA, WAYNE 75.00 790658 05/31/2023 PRINTED 016183 CAPTURE TECHNOLOGIES INC 21,625.01 790659 05/31/2023 PRINTED 000155 CENTURY LINK 448.19
790660 05/31/2023 PRINTED 020102 CHUNG, MYUNG CHUI 113,694.00 790661 05/31/2023 PRINTED 018141 CR&R INCORPORATED 352.14 790662 05/31/2023 PRINTED 011397 CRESTLINE SPECIALTIES, IN 2,288.22 790663 05/31/2023 PRINTED 010314 DAVID EVANS AND ASSOCIATE 1,787.91 790664 05/31/2023 PRINTED 018020 DIXON PEST CONTROL, INC. 170.00 790665 05/31/2023 PRINTED 000330 ET WATER SYSTEMS INC. 239.00 790666 05/31/2023 PRINTED 002607 FAUST MEDIA SERVICES, LLC 684.75 790667 05/31/2023 PRINTED 999979 GODDEN, JERRY 90.00
790668 05/31/2023 PRINTED 999979 GONZALEZ, JOSE 60.00
790669 05/31/2023 PRINTED 001074 GRAHAM EQUIPMENT 539.40 790670 05/31/2023 PRINTED 020034 GREAT WESTERN INSTALLATIO 150.06 790671 05/31/2023 PRINTED 020948 HARPER, JAMES JR 150.00 790672 05/31/2023 PRINTED 017053 HIGH DESERT LOCK & SAFE, 93.66 790673 05/31/2023 PRINTED 001155 HESPERIA HOSE SUPPLY 193.71 790674 05/31/2023 PRINTED 004021 HIGH DESERT LASER GRAPHIC 592.14 790675 05/31/2023 PRINTED 022196 ISLAM, MAZHARUL 892.02 790676 05/31/2023 PRINTED 021689 THINKNETIC MEDICAL CORPOR 305.00 790677 05/31/2023 PRINTED 018875 KONICA MINOLTA BUSINESS S 28.03 790678 05/31/2023 PRINTED 017054 LOOPNET, INC. 652.00
790679 05/31/2023 PRINTED 004292 LU'S LIGHTHOUSE 1,417.04 790680 05/31/2023 PRINTED 020688 MARTINEZ, ANTHONY J. 1,456.14 790681 05/31/2023 PRINTED 001551 MEASUREMENT CONTROL SYSTE 3,838.33 790682 05/31/2023 PRINTED 022037 MESOTECH INTERNATIONAL, I 5,664.87 790683 05/31/2023 PRINTED 021856 METROPOLITAN LIFE INSURAN 1,461.50 790684 05/31/2023 PRINTED 001648 NAPA AUTO PARTS 1,645.65 790685 05/31/2023 PRINTED 009123 PATTON SALES CORP. 181.29
CITY OF VICTORVILLE
Report generated: 06/07/2023 15:05 Page 4User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
790686 05/31/2023 PRINTED 011748 PHELAN GAS COMPANY 554.79 790687 05/31/2023 PRINTED 001866 PRINTMART 68.18
790688 05/31/2023 PRINTED 017946 RAILWORKS TRACK SERVICE, 10,983.18 790689 05/31/2023 PRINTED 011466 RANGE VEHICLE CENTER INC. 161.79 790690 05/31/2023 PRINTED 003150 ROBERTSON'S 619.82
790691 05/31/2023 PRINTED 002037 SAN BERNARDINO COUNTY 29.00 790692 05/31/2023 PRINTED 017490 SAN BERNARDINO COUNTY FIR 234.00 790693 05/31/2023 PRINTED 018370 SITEONE LANDSCAPE SUPPLY 518.15 790694 05/31/2023 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 64,878.85 790695 05/31/2023 PRINTED 002269 SUNLAND FORD 225.66
790696 05/31/2023 PRINTED 002204 SOUTHWEST GAS CORPORATION 243,203.74 790697 05/31/2023 PRINTED 016520 UNITED STATES CUSTOMS AND 55,160.12 790698 05/31/2023 PRINTED 012875 J W D'ANGELO CO INC 5,020.21 790699 06/01/2023 PRINTED 019631 MERCED, STEVEN J. 568.04 790700 06/07/2023 PRINTED 017666 4 SEASONS ROOFING, INC 4,980.00 790701 06/07/2023 PRINTED 014878 ALLTECH INDUSTRIES, INC 9,525.36 790702 06/07/2023 PRINTED 024821 ALPHA OMEGA SEPTIC SERVIC 7,970.00 790703 06/07/2023 PRINTED 022097 AMAZON CAPITAL SERVICES, 379.50 790704 06/07/2023 PRINTED 000191 APPLIED INDUSTRIAL TECH 16.25 790705 06/07/2023 PRINTED 003042 APPLE VALLEY COMMUNICATIO 6,174.15 790706 06/07/2023 PRINTED 017968 AVCOM SERVICES, INC. 1,055.00 790707 06/07/2023 PRINTED 000290 BATTERY MART OF APPLE VAL 343.20 790708 06/07/2023 PRINTED 021658 BUCHALTER, A PROFESSIONAL 5,317.49 790709 06/07/2023 PRINTED 014671 BUREAU OF RECLAMATION 851.52 790710 06/07/2023 PRINTED 000380 BURRTEC WASTE INDUSTRIES 2,776.32 790711 06/07/2023 PRINTED 005835 CALIFORNIA PARK & RECREAT 145.00 790712 06/07/2023 PRINTED 001162 HI-DESERT COMMUNICATIONS 380.00 790713 06/07/2023 PRINTED 000556 CHICAGO TITLE CO. 1,750.00 790714 06/07/2023 PRINTED 014721 CORE & MAIN LP 30,203.00 790715 06/07/2023 PRINTED 021383 CROSS CONNECTIONS EMERGEN 127.01 790716 06/07/2023 PRINTED 009898 CWEA 2019 AC 100.00
790717 06/07/2023 PRINTED 018020 DIXON PEST CONTROL, INC. 289.00 790718 06/07/2023 PRINTED 000133 DMC-DOCUMENT & MIRCROFILM 129.35 790719 06/07/2023 PRINTED 017560 FERGUSON HVAC 10.02
790720 06/07/2023 PRINTED 000946 FIRST AMERICAN TITLE COMP 3,104.00 790721 06/07/2023 PRINTED 022184 SHEU, FRED 600.00
790722 06/07/2023 PRINTED 011371 GARDA CL NORTHWEST, INC. 2,829.90 790723 06/07/2023 PRINTED 021440 GATEHOUSE MEDIA CALIFORNI 1,998.29 790724 06/07/2023 PRINTED 020219 HARRINGTON INDUSTRIAL PLA 37,957.80 790725 06/07/2023 PRINTED 017053 HIGH DESERT LOCK & SAFE, 121.22 790726 06/07/2023 PRINTED 001155 HESPERIA HOSE SUPPLY 148.94 790727 06/07/2023 PRINTED 021481 VELASCO,JOSEPH 1,550.00 790728 06/07/2023 PRINTED 001285 INLAND WATER WORKS SUPPLY 3,709.25 790729 06/07/2023 PRINTED 999983 KB HOME 5,890.96
790730 06/07/2023 PRINTED 012506 KEWANNA SCREEN PRINTING, 151.70 790731 06/07/2023 PRINTED 022213 KORTERRA, INC. 10,180.00 790732 06/07/2023 PRINTED 015232 LOGICALIS, INC 1,540.00 790733 06/07/2023 PRINTED 004292 LU'S LIGHTHOUSE 274.60 790734 06/07/2023 PRINTED 000361 MARK BROWN & ASSOCIATES, 25.00 790735 06/07/2023 PRINTED 000118 MERCER, DONALD J. 450.00 790736 06/07/2023 PRINTED 005338 MITY-LITE, INC. 21,814.34 790737 06/07/2023 PRINTED 019904 RESPONSE MARKETING, INC. 1,388.00
CITY OF VICTORVILLE
Report generated: 06/07/2023 15:05 Page 5User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
790738 06/07/2023 PRINTED 019299 MONOPRICE, INC. 3.85
790739 06/07/2023 PRINTED 021843 MORALES, EDUARDO 15.34 790740 06/07/2023 PRINTED 001648 NAPA AUTO PARTS 1,990.43 790741 06/07/2023 PRINTED 021961 NATIONAL COMMUNITY RENAIS 125,000.00 790742 06/07/2023 PRINTED 021108 NEARMAP US, INC. 30,713.00 790743 06/07/2023 PRINTED 020329 PF SERVICES, INC. 1,200.00 790744 06/07/2023 PRINTED 021110 THE PRINTERY, INC. 3,570.00 790745 06/07/2023 PRINTED 011466 RANGE VEHICLE CENTER INC. 146.70 790746 06/07/2023 PRINTED 021758 ROBERT HALF INTERNATIONAL 31,055.00 790747 06/07/2023 PRINTED 003150 ROBERTSON'S 3,204.70
790748 06/07/2023 PRINTED 022194 COULTER VENTURES LLC 2,280.51 790749 06/07/2023 PRINTED 010544 SANDLER, TRAVIS, AND ROSE 450.00 790750 06/07/2023 PRINTED 002037 SAN BERNARDINO COUNTY 820.00 790751 06/07/2023 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 38,378.57 790752 06/07/2023 PRINTED 011303 SPORTSENGINE, INC. 102.50 790753 06/07/2023 PRINTED 022223 ADVANCED SYSTEMS TECHNOLO 335.14 790754 06/07/2023 PRINTED 002269 SUNLAND FORD 76.67
790755 06/07/2023 PRINTED 002204 SOUTHWEST GAS CORPORATION 58,203.27 790756 06/07/2023 PRINTED 015840 ULTIMATE TINT & WHEEL 4,770.00 790757 06/07/2023 PRINTED 021480 SHADE STRUCTURES, INC. 97,994.41 790758 06/07/2023 PRINTED 023108 VCA MESA ANIMAL HOSPITAL 2,709.74 790759 06/07/2023 PRINTED 018932 VIGILANT SOLUTIONS, LLC 177,868.52 790760 06/07/2023 PRINTED 006411 CITY OF VICTORVILLE 639.52 790761 06/07/2023 PRINTED 022216 WIRZ & COMPANY, INC. 1,039.01 790762 06/07/2023 PRINTED 008243 4IMPRINT, INC 4,964.48 790763 06/07/2023 PRINTED 016213 COMMUNITY WORKS DESIGN GR 10,411.63 790764 06/07/2023 PRINTED 018844 SMARTSHEET INC. 13,750.00 790765 06/07/2023 PRINTED 007551 SNORKEL INTERNATIONAL, LL 56.19 790766 06/07/2023 PRINTED 022227 BOWMAN, JOHN W 32.01
790767 06/07/2023 PRINTED 022231 CHICAGO TITLE CO 166.93 790768 06/07/2023 PRINTED 011531 CHOI, WILLIAM DAEHYUN 46.43 790769 06/07/2023 PRINTED 022228 DAVILA, VIVIANA 29.87
790770 06/07/2023 PRINTED 022226 EMJ INVESTMENTS, LLC 91.12 790771 06/07/2023 PRINTED 022238 FIRST AMERICAN TITLE CO 34.92 790772 06/07/2023 PRINTED 022237 FIRST INTEGRITY TITLE CO 355.30 790773 06/07/2023 PRINTED 022225 GAVINO, JOVANNIE 40.87 790774 06/07/2023 PRINTED 005337 HAL HAYS CONSTRUCTION 338.45 790775 06/07/2023 PRINTED 022235 LAWYERS TITLE CO 127.04 790776 06/07/2023 PRINTED 019724 LGI HOMES 90.42
790777 06/07/2023 PRINTED 019724 LGI HOMES 90.38
790778 06/07/2023 PRINTED 009884 MAS REAL ESTATE HOLDINGS 73.57 790779 06/07/2023 PRINTED 022234 MC ELWEE, JAMES H 102.32 790780 06/07/2023 PRINTED 022233 MILLS, RANDY 103.88
790781 06/07/2023 PRINTED 022239 NORTH ORANGE COUNTY ESCRO 123.15 790782 06/07/2023 PRINTED 020891 OPENDOOR LABS INC 64.59 790783 06/07/2023 PRINTED 021043 OPENDOOR PROPERTY TRUST I 66.10 790784 06/07/2023 PRINTED 019845 RICHMOND AMERICAN HOMES 78.67 790785 06/07/2023 PRINTED 019845 RICHMOND AMERICAN HOMES 100.32 790786 06/07/2023 PRINTED 022236 SALAS, SALVADOR 46.43
790787 06/07/2023 PRINTED 022230 SEVENTH AND ROY INC 1,540.66 790788 06/07/2023 PRINTED 022224 TELLER, KIMBERLY 106.43 790789 06/07/2023 PRINTED 022172 WALLCON INC 80.74
CITY OF VICTORVILLE
Report generated: 06/07/2023 15:05 Page 6User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
790790 06/07/2023 PRINTED 004387 XU, BING 43.93
261 CHECKS CASH ACCOUNT TOTAL 3,341,561.21 .00
Item Number: 6
City Council / Board of Directors
Consent Calendar
Meeting of: June 20, 2023
Submitted By:
Brian Gengler, City Engineer
Subject:
Full Release of Public Improvement Faithful Performance Securities for Case Nos.
BLDC18-00108 and EROW20-00087
Recommendation:
That the Honorable City Council approve the full release of the Public Improvements Faithful Performance Securities for Case Nos. BLDC18-00108 and EROW20-00087 Fiscal Impact:
There is no fiscal impact associated with this item.
Strategic Plan Goal:
This item aligns with Strategic Plan Goal E “Invest in Infrastructure”, Strategy 1 “Implement the City’s Capital Improvement Program to meet community needs.” Although this is not a Capital Improvement Project, the same strategy is applied to commercial development projects as they are essential in meeting the community’s needs.
Background:
This project, located on the north side of Nisqualli Road, east of Balsam Road, consists of the construction of a gas station with a fueling canopy, a convenience store, an attached fast-food restaurant with drive thru, and an attached carwash facility. Aziz, LLC, the Developer, was required to install public improvements as a condition of approval per Planning Commission Resolution No. P-16-041. The required public improvements for this project included improving the streets and connecting to the City’s sewer and water systems.
Discussion:
During the June 7, 2022, regular City Council meeting, the release of 80-percent of the Faithful Performance Securities and the acceptance of the Public Improvements was approved. The remaining 20-percent of the faithful performance securities for the Public 3 1
6 5
Improvements were held for the one-year warranty period, in accordance with Victorville Municipal Code Section 17.64.070(4). The warranty period was completed as of June 7, 2023, and there were no warranty claims. Therefore, staff recommends that the Council approve the full release of the Faithful Performance securities for case BLDC18-00108 and EROW20-00087. The Labor & Materials security was released in full at the December 20, 2022 regular City Council meeting.
Staff remains available for any questions the City Council may have.
Attachments: A. Vicinity Map
B. Securities Table
C. Existing Securities
Attachment A
Vicinity Map
Attachment B
Securities Table
Securities Table & Existing Securities
Developer:
Aziz, LLC
495 E Rincon St, Unit #175
Corona, CA 92879
Faithful Performance Security
Public Improvements – No. SNF-60645
Labor & Materials Security
Public Improvements – No. SNF-60645
Amount of ORIGINAL Security: $197,249.04 Amount of ORIGINAL Security: $98,624.52 Amount of Security CURRENTLY: $39,449.81 Amount of Security CURRENTLY: $0.00 Amount of Security being REDUCED: $39,449.81 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $0.00 Amount of Security REMAINING: $0.00 Attachment C
Existing Securities
Item Number: 7
City Council / Board of Directors
Consent Calendar
Meeting of: June 20, 2023
Submitted By:
Brian Gengler, City Engineer
Subject:
Release of Subdivision Improvement Agreement and Faithful Performance Security for Tract Map No. 16719
Recommendation:
That the Honorable City Council approve the release of the Subdivision Improvement Agreement and the full release of the Faithful Performance Security for Tract Map No. 16719
Fiscal Impact:
There is no fiscal impact resulting from this item.
Strategic Plan Goal:
This item aligns with Goal E, Strategy 1 in the Strategic Plan, “Invest in Infrastructure” and “Implement the City’s Capital Improvement Program to meet the community needs.” Although this is not a Capital Improvement Project, we apply the same strategy to private development projects as they are essential in meeting the community’s needs.
Background:
Tract Map No. 16719 (Tract 16719) was purchased by Richmond American Homes of Maryland, Inc., (Richmond) in 2020 from Mojave Onyx 46, LLC, a Delaware limited liability company (Mojave Onyx). Tract 16719 is an 80-lot residential subdivision located at the southwest corner of Mojave Drive and Onyx Road. Please see Attachment A, a vicinity map of the project area. The conditions of approval required the developer to install public improvements such as streets, landscaping, sewer, storm drain, and water systems.
At the regular meeting held on July 21, 2020, the City Council accepted all the public improvements associated with Tract 16719 and completed by Mojave Onyx 46, LLC. The only exceptions were the Landscape Maintenance Assessment District (LMAD) and the street improvements which were to be completed by Richmond. At that meeting, the City 3 1
7 3
Council also approved a new Subdivision Improvement Agreement (SIA) with Richmond for the outstanding street improvements which included the final lift of asphalt concrete and the thermoplastic striping (Attachment B). The LMAD improvements were completed and accepted at the September 15, 2020, City Council meeting.
Discussion:
At the June 7, 2022, regular City Council meeting, the release of 80-percent of the Faithful Performance Securities and the acceptance of the street improvements was approved.
The remaining 20-percent of the Faithful Performance Securities for the street improvements were held for the one-year warranty period, in accordance with Victorville Municipal Code Section 17.64.070(4). The warranty period was completed as of June 7, 2023, and there were no warranty claims. Therefore, staff recommends that the Council approve the release of the Subdivision Improvement Agreement (Attachment C) and the full release of the Faithful Performance Security for Tract Map No. 16719.
Staff appreciates Richmond being amenable to updating the streetscape designs to meet current Circulation Element Standards for Mojave Drive (LMAD Improvements). This enhanced feature has created a better community and established a precedent for future development on Mojave Drive. In addition to the LMAD improvements, Richmond also slurry sealed the previously paved street segments last summer.
Staff remains available for any questions the City Council may have.
Attachments: A. Vicinity Map
B. Exiting SIA
C. SIA Release
D. Securities Table
E. Existing Securities
Attachment A
Vicinity Map
Attachment B
Existing SIA
, Recorded in Official Records
County of San Bernardino
Bob Dutton
Assessor-Recorder-County ClerkRECORDING REQUESTED BY
CITY OF VlCTORVlLLE Doc '1 2020-0329559
09/03/2020 Titles: 1 P : 15WHEN RECORDED RETURN To: 3:; S 05 PH ages CITY OF VICTORVILLE $33.52; - 3 ' 80
ENGINEERING DEPT. 64364 on 532 Fee: 02 00
14343 ClVlC DR. “tal- 0-00
VICTORVILLE, CA 92392
Sect.1 5,T5N,R5W,SBM
3135-391-01 thru 27; 3135-392-01 to 17, 27, 28
SPACE ABOVE FOR RECORDER'S USE. RECORDING OF THIS DOCUMENT iS FEE-EXEMPT. UNDER GOVERNMENT CODE SECTION 5103. NO
DOCUMENTARY TRANSFER TAX IS DUE ON THE DOCUMENT PURSUANT TO REVENUE TAXATION CODE SECTION 11922
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 16719 / CASE 'NO. TT—O4—003
THIS SUBDIVISION AGREEMENT ("Agreement") is made and entered into by and between the City of Victorviiie, hereinafter referred to as “City", and RICHMOND AMERICAN HOMES OF MARYLAND, INC., a Maryland corporation, hereinafter referred to as “Subdivider”. ”City and Subdivider are sometir‘nes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties”. ‘ ‘
RECITALS
WHEREAS, Subdivider is currently the record fee owner of that certain feat property situated in the City of Victorviiie, County of San Bernardino, State of California as more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the "Subdivision"), and the successor in interest to the final Subdivision Tract Map No. 16719 (the “Map") originally recorded in the Office of the San Bernardino County Recorder (“County Recorder’s OffiCe") by MOJAVE 80, LLC as Document No. 2006-0280822; and WHEREAS, in order to receive approval from the City for said Map, MOJAVE 80, LLC had previously entered into a secured subdivision agreement with the City (recorded as Document No. 2006—0290658 in the County Recorder‘s Office) promising to construct and install the public improvements required by the Map and complete the related work for the Subdivision in accordance with the conditions of approval, all as required by the City’s Planning Commission (the “Obligations”); and
WHEREAS, prior to performing the Obligations under its agreement, MOJAVE 80, LLC sold the Subdivision and was released from the Obligations when the buyer, BE Residential V, LLC, a Delaware limited liability company (hereinafter “BE Residential”) entered into a Lien Agreement with the City on June 24 2014, recorded in the County Recorder’s Office as Document No. 2015-0446495, to secure BE Residentiai's performance of the Obligations; and
WHEREAS, BE Residential notified the City that they wanted to move forward with the construction of the public improvements of the Map and entered into a Subdivision Improvement Agreement (“SIA”) with the City on July 25, 2018, recorded in the County Recorder's Office as Document No. 2018—0298221; and WHEREAS, upon entering into aforementioned SIA and posting securities with the City in accordance with Victorviiie Municipal Code ("VMC") Section 17.64.0650, the Lien Agreement with BE Residential was released September 4, 2018, as evidenced by that certain Release of Lien recorded in the County Recorder’s Office as Document No. 2018—0326466; and
WHEREAS, on Segtember 19‘, 2018, BE Residential sold the Subdivision to ‘Mojave Onyx 46, LLC, as referenced in that certain grant deed recorded in the County Recorder’s Office as Document No. 2018—0341 051; and 1 CCchp
Shared/Engineering/Development/Pianchecking&Permitting/i‘ractFilesfi‘racfi6719/Agreements/16719.RAH.SiA.070720 WHEREAS, on March 5 2020, Mojave Onyx 46, LLC sold the Subdivision to Subdivider as referenced in that certain grant deed recorded in the County Recorder’s Office as Document No. 2020—0082025; and
WHEREAS, Subdivider, as the new owner of the Subdivision, is prepared to assume, secure and perform the Obligations associated with the Map and the Subdivision in accordance with the Subdivision Map Act of the State of California and Title 17 of the VMC; and,
WHEREAS, this Agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of California and Title 17 of the VMC.
NOW THEREFORE, for and in consideration of the approval of the Map and of the acceptance of the dedications therein offered, and in order to insure satisfactory performance by Subdivider of Subdivider’s obligations under said Subdivision Map Act and said Title 17, the Parties agree as follows:
1. Performance of Work
Subdivider will do and perform, or cause to be done and performed, at Subdivider’s own expense, in a good and workmanlike manner, and furnish all required materials, all under the direction and to the satisfaction of the City Engineer of City, all of the work and improvements required by the City Planning Commission for this Subdivision in accordance with the plans and specifications on file as herein specified, or with any changes required or ordered by said Engineer, which in his opinion are necessary or required to complete the work. Any sewer work or water supply work, shall be subject to the approval of the respective special districts having to do with the said types of work.
2. Work: Places and Grades to be Agproved by Enqineer
All of said work is to be done at the places, of the materials, in the manner, and at the grades, all as shown upon the plans and specifications therefor, heretofore approved by City Engineer and which are now on file in his office, and to the satisfaction of said City Engineer. The actual work of surveying shall be performed by the Subdivider’s engineer.
3. Sgecifications
The work embraced herein shall be done in accordance with the provisions of the Standard Specifications of the State of California, Business and Transportation Agency, Department of Transportation, current edition, insofar as they may apply, and the City of Victorville Standard Specifications for Public Improvements, hereinafter referred to as the Standard Specifications. Whenever in the said State Standard Specifications the following terms are used, they shall be understood to mean the following:
a) State, Department of Transportation, City or Owner: City of Victorville, California. b) Director: The City Engineer of the City of Victorville 0) Engineer: Whenever not qualified, shall mean the City Engineer of the City of Victorville, California acting either directly or through his properly authorized agents, each agent acting only within the scope of the authority delegated to him.
d) Laboratory: The laboratory to be approved by the City of Victorville to test materials and work involved in the construction provided for under this agreement. ' In case of conflict between the State Standard Specifications and the Standard Specifications for Public Improvements of the City of Victorville, the Standard Specifications for Public Improvements of the City of Victorville shall prevail.
2 .
CCP:ccp
Shared/Engineering/Developmenthlanchecking&Permitting/TractFilesfl'ract16719/Agreements/16719.SlA.071619 ' In case of conflict between the State Standard Specifications, the Standard Specifications for Public Improvements of the City of Victorville, and the plans and this agreement, the approved ‘plans and this Agreement- shall take precedence over and be used in lieu 0r such conflictingportions of the State Standard Specifications or Standard Specifications for Public Improvements of the City of Victoryille,
4. Work: Time for Completion
City hereby fixes the time for the completion of said work to be within 4 years after the date of execution of this Agreement. At least two (2) calendar days prior to the commencement of work hereunder; Subdivider shall notify City Engineer of the date fixed by Subdivider for commencement thereof, so that the City Engineer shall be able -to provide services of inspection. '
5. Time” of Essence - Extension
Time is of the essence in this Agreement; provided, that in the event good cause is shown therefor, the City Council may extend the time for completion of the improvements hereunder. Any such extension may be granted without notice to the Subdivider’s surety, and extensions so granted shall not relieve the surety’s liability on the bond to secure the faithful performance of this agreement. The City Council shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. . 6. Repairs and Replacements
Subdivider shall replace, or have replaced, 0r repair, or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged, and Subdivider shall replace or have replaced, repair, or have repaired, as 'the case may be, or pay to the owner, the entire cost of replacementlor repairs, many and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of (California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever, , or by any combination; of such owners. Any such repair 0r replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.
7. Permits: Compliance with Law
Subdivider shall, at Subdivider’s expense, obtain all necessary permits and licenses for the construction of such improvements give all necessary notices and pay all fees and taxes required by law. Subdivider agrees to procure, at his expense any necessary permits required for the opening of any state or county roads or easements outside the jurisdiction of City.
8. Superintendence by Subdivider
Subdivider shall give personal superintendence to the work on‘said improvement, or have a competent foreman or superintendent satisfactory to the City Engineer, on the work at all times during progress, with authority to act for Subdivider.
9. lnsgection by City
Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by City, to all parts of the work, and to the shops wherein the work is in preparation.
10.. Contract Security
Concurrently with the exeeution heteof, Subdivider shall furnish security in an amount equal to at least one hundred percent (100%) of the approved Engineer’s Estimate as set forth in Exhibit B to ensure the faithful performance of the work required by this Agreement.
. 3
CCchcp
SharedlEngineerinngevelopmeni/Planchecking&F’ermittinng ra‘ctFilesff ract16719/Agreements/1 6719.RAH.SIA.070720 Similarly, Subdivider shall furnish security in an amount equal to at least fifty percent (50%) of said Engineer’s Estimate to secure the payment of all persons performing labor and furnishing materials in the construction of the Subdivision including any claims to which reference' Is made In Title 3 commencing with Section 9000; of Part 6 of Division 4 of the California Civil Code. -
Said securities shall be cash deposits, or bonds issued by a"surety company currently admitted t6 transact surety insurance business in California by the California Department of Insurance (with a Best’s insurance Guide rating of no less than A- -) written on such forms as are provided by state statute for such purposes and approved by the City.
11. HoId-Harmless Agreement _
Subdivider hereby agrees to, and shall, hold City, its elective and appointive boards, commissions, officers,‘ agents and employees, harmleSs from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Subdivider’s or Subdivider’s contractors’, subcontractors’, agents’, or employees’ operations under this Agreement, whether such operations be by Subdivider or by any of Subdivider’s contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Subdivider or any of Subdivider's contractors, or subcontractors.
Subdivider agrees to, and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid. operations; provided as follows:- a) That the aforesaid hold—harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this Section, regardless of whether or not City has prepared, supplied or' approved of plans and/or specifications for the Subdivision, or regardless of whether or not any of the insurance policies described herein shall have been determined to be applicable to any of such damages or claims for d.amages
b) Acceptance by the City of the subject improvements, the deposit of certain moneys made pursuant to ’ this Agreement by Subdivider, or the existence of any' of the insurance policies required by the Agreement do not and shall not waive any rights the City may have against Subdivider.
12. Subdivider's Insurance
All insurance requirements contained in this Agreement are applicable to any contract entered into by Subdivider and/or any of Subdivider’s contractors, subcontractors, agents and/or employees. Subdivider shall not cOmmence work under this Agreement until Subdivider has obtained all insurance required under this Section, nor ‘ shall Subdivider allow any contractor or subcontractor to commence work on his contract or subcontract until all similar insurance required of the contractor pr subcontractor shall have been so obtained and approved.
Subdivider shall provide the City with not less than thirty (30) days' notice prior to the cancellation, reduction or termination of any insurance coverages required by this section. All requirements herein provided shall appear either in the body of‘the insUrance policies or as endorsements and shall specifically bind the insurance carrier. ' a) Comprehensive GeneralLiability Insuranee
Subdivider shall procure and maintain at its own expense, during the initial term of this Agreement (and during any extension periods), Comprehensive General Liability insurance (including contractual liability), of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting fr0m the wrongful 'or negligent acts by Subdivider or its officers, employees, servants volunteers, and agents and independent contractors.
b) Commercial Vehicle (Automobile) Liability Insurance . ‘ 4 CCP:ccp '
Shared/Engineering/Development/Planchecking&Permitting/TractFiles/Tract16719/Agreementsl16719.SlA.071619 CCP:ccp
- Subdivider shall further procure and maintain, at its ownexpense, during the initial term of this Agreement (and during any extension periods) Commercial Vehicle Liability insurance covering personal injury and - property damage, of not less than One Million Dollars ($1 000,000) combined single limit covering any vehicle utilized by Subdivider or its officers employees, servants, volunteers agents and independent contractors In performing the services required by this Agreement. 0) Workers? Compensation Insurance
Subdivider shall procure and maintain at its own expense, during the initial term of this Agreement (and during any extension periods), Workers’ Compensation insurance, providing coverage as required by the California State WOrkers‘ Compensation Law. If any class of employees employed by the Subdivider pursuant to this Agreement is not protected by the California State Workers’ Compensation Law, SUbdivider shall provide adequate insurance for the protection of such employees to the satisfaction of the City. '
d) Additional Named insured
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all Insurance policies, except for the Workers’ Compensation policy, shall be endorsed to name the City and its officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, as Additional lnsureds. e) Waiver of Subrogation Rights
Subdivider shall requirefithe carriers of all required inSLIrance policies to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, and independent contractors and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver. f) Proof of insurance Coverage; Required Endorsements
Subdivider shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Agreement and furnish to the City Clerk certificates of insurance evidencing the required coverage, and policy endorsements at least one (1) business day prior to commencement of any services to be performed under this Agreement.
The policies and certificates of insurance shall be endorsed to provide that in the event bf cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non- payment, ten (10) days advance written notice shall be given.
Each policy and certificate of insurance shall be endorsed to provide that the policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or ' expiration.
Each policy and certificate of insurance shall be endorsed to provide that the policy will be maintained throughout the initial term (and during any extension periods) of this Agreement.
The Comprehensive General Liability and 'Commercial Vehicle liability policies shall be endorsed to contain the following provision: “FOr any claims related to this Agreement, Subdivider's coverage shall be primary with respect to the City. Any Insurance maintained by the City shall be In excess of Subdivider’s insurance and shall not contribute with it. "
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SharedlEngineering/Developmeni/Planchecking&PennittinngractFi|eslTract16719/Agreements/1 6719.RAH.S|A.070720
13. Title to Improvements
Titie to, and ownership of, all street improvements and sewers constructed hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of such improvements by City. Title to water works shall vest in the special district or City of Victorville.
14. Repair or Reconstruction of Defective Work
if, within a period of one year after final acceptance of the work performed under this Agreement any structure or . part of any structure furnished and/or installed or constructed or caused to be installed or constructed by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act prOmptly or'in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus fifteen percent (15%).
15. Subdivider not Agent of CitL ~ w :
Neither Subdivider nor any of Subdivider” 5 agents or contractors are or shall be considered to be agents of City In connection with the performance of Subdivider’ s obligations under this Agreement.
16. Cost of Engineering and Inspection
Subdivider shall pay City in aocordance with Title 17, of the Victorviiie Municipal Code, for all engineering, inspection, and other services furnished by City in connection with the Subdivision.
17. Notice of Breach and Default
If Subdivider refuses or fails to obtain prosecution of the work, or any severabie part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of ‘ said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider’s insolvency or if Subdivider, or any of SUbdivider’s contractors, subcontractors. agents, or employees, should violate any of the provisions of this Agreement, City Engineer or City Council may serve written notice upon SubdiVider and Subdivider’s surety of breach of this Agreement, or of any portion thereof, and default of Subdivider.
18. Breach of Agreement; Performance by Surety or City
In the event of any such notice, Subdivider’s, surety shall have the duty to take over and complete the work and the improvements herein specified; provided, however, that if the surety, within five (5) days after the serving upon itof such notice of breach, does not give City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within five (5) days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider and Subdivider’s surety shall’be liable to City for any excess cost or damages occasioned City thereby; and, in such event City, without liability for so doing, may take possession of, and utilize' In completing the work such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefor.
19. Completion
Upon completion of all the work described in the said Agreement, and ‘upon, the City Council authorizing a Written Notice of Completion and Acceptance of said work, the City will release ali hold and any claims to 80% of the amount specified above, for faithful performance. The remaining 20% shall beiheld by the City for a» period of one - 6 GOP: ccp
‘ Shared/Englneenng/Development/Pianchecklng&PermIttIng/TractFIleszract16719/Agreements/16719SIA. 071619 (1) year after the date of the Notice of Completion as a guarantee bond to secure the performance of Section 14 of this Agreement and shall thereafter be released. The amount specified above for labor and materials shall be reduced or released pursuant to the provisions of California Government Code §66499.7(h).
20. Notices
All notices required by or provided for under this Agreement shall be in writing and delivered in person or sent by certified or registered mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows:
If to City: City of Victorviile
Attention: City Engineer
PO. Box 5001
14343 Civic Drive
Victorville, CA 92393—5001
With a copy to: Green de Bortnowsky, LLP
23801 Calabasas Road, Suite 1015
Calabasas, CA 91302
Attn: Andre de Bortnowsky, City Attorney
If to Subdivider: Richmond American Homes of MD., Inc.
5171 California Ave
Irvine, CA 92617
Attn: Mr. Tommy Eckes
With a copy to:
If to surety:
Any Party or the surety may change such address by notice in writing to the other Party and thereafter notices shall be addressed and transmitted to such new address.
21. Bindinq Effect of Agreement
This Agreement shall be binding on and inure to the benefit of the Parties to this Agreement and their heirs, personal representatives, successors and assigns.
22. Severability; Modification; Entire Agreement
The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified in writing by the mutual consent of the Parties. This Agreement constitutes the entire agreement of the Parties and supersedes any prior written or oral agreements between them with respect to the subject matter hereof. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the Parties.
7 CCchcp
Shared/Engineering/Development/Pianchecking&Permittingf|'ractFi|eszract1671 9/Agreements/16719.RAH.S|A.070720
23. Authority of Ex’ecuting Parties .
'The persons executing this Agreemeht warrant and represent that they are duly authorized to execute this Agreement on behalf of and bind the Party each purports to represent. '
24. lncorgoration of Recitals
The Recitals to this Agreement ere hereby incorporated into in‘ the terms of this Agreement. [END OF THIS PAGE]
[SIGNATURES TO FOLLOW]
8 CCP:ccp » ;
Shared/Engineering/Development/PIanchecking&Permitting/TractFiIesfrract16719/Agreements/16719.SIA.071619 DATED this 6/ day of 4:5 ayk 20 Q0
SUBDIVIDER CITY
Richmond American Homes of .MD., Inc City of Victorville By: Ricth d American H mes of MD., Inc
By: w By: meW
U Name: 6400-0" O’a(d0~/
Name: Sondra Harris
Title: Mayor
Title: Vice President — Planning
Date: June 25, 2020
ATTEST:
(Proper Notarization of Subdivider’s Signature W ‘ WBy: Ccc V’éfii‘ey, flag}.is required and shall be attached) . Victorville City Clerk
APPROVED AS TO FO
ndre de Bortnowsky, City Attorney
City of Victorville Risk Manager
@Chuck Buquet
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Shared/Engineering/Developmenthlanchecking&Permittingfl'ractFilesfl‘racH6719/Agreements/16719.RAH.S|A.070720
EXHIBIT A
LEGAL DESCRIPTION
LOTS 1 THROUGH 44, INCLUSIVE, AND LOTS 54 AND 55, OF TRACT MAP NO. 16719, IN
THE CITY OF VICTORVILLE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 318, PAGES 72 THROUGH 76 OF MAPS, RECORDS OF SAIDCOUNTY.
APN’S 3135—392—01 to 17, 27, 28
Lots 28—44, 54, 55
APN’s 3135—391-01 to 27 1
Lots 1-27
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Shared/Engineering/Development/PIanchecking&Permittingl'l'ractFiles/Tract16719/Agreements/16719.SIA.071619
EXHIBIT B
APPROVED ENGINEER’S COST ESTIMATE
1 1
CCP:ccp
Shared/EngineerinngeveIopmenflPIanchecking&Permitlingf1‘ractFiIesfl'ract1 6719/Agreements/1 6719.RAH.S|A.070720 California Arizona
109 E. 3rd St. 15252 Seneca Rd. 5890 Highway 95, Ste. B 2126 McCulloch Blvd., Sm. 8 San Bernardino, CA 92410 Victorville, CA 92392 Fort Mohave, AZ 86426 Lake Havasu City.‘AZ 86403 ;. Ph. 909-884-8217 Ph. 760-951-7676 Ph. 928-768-1857 Ph. 928-680-6060 1:432} Fax 909-889-0153 Fax 760-241-0573 Fax 928~768-708G Fax 928-854-6530 f“:'- Toll Free 800-879-1222 /
Civil Engineering -Surveying - Planning WWW-ludwigeng-Com Estimated Cost of Construction
for Tract 16719 to Complete Tract Improvements
December 22, 2014 Job No. 80-0310
lt_en1 Description Units Quantity Unit Cost m
1. Dry Well ' EA 1 $ 20,000.00 5 20,000.00
2. Screen Wall Only LF 742 5 40.00 $ 29,680.00
3. Retaining Wall w/Screen Wall LF 1,484 $ 140.00 S 207,760.00
4. Curb & Gutter (6") LF 509 5 15.00 S 7,635.00
5. ,Curb Only (6") LF 173 $ 12.00 $ 2,076.00
6. Spandrel & Cross Gutter SF 1,613 $ 6.00 $ 9,678.00
7. Handicap Ramps EA 5 5 500.00 S 2,500.00
8. Sidewalk SF 24,581 $ 2.50 $ 61,452.50
9. , V-Ditch Grading LF “ 538 $ 2.00 5 1,076.00
10. Pavement Removal (Pulverize) SF 8,796 $ 0.15 $ 1,319.40
11. Base (4") TON 544 S 40.00 $ 21,745.43
12. Full Pavement(3”) TON 419 5 85.00 $ 35,650.53
13. . Final Pavement Lift (1" AC) . TON 251 $ 85.00 $ 21,346.18
14. Sewer Manhole Rim Adjust EA ‘ S 5 200.00 5 1,000.00
15. Water Valve Can Adjustment ' EA 2 $ 45.00 $ 90.00
S 423,009.03
+10% @ $42,300.90
/$465,309.93
7 .«f’ APPROVED 04/18/2018
Faithful Performance: $465,309.93
Labor & Materials: $232,654.97
V:\plans\Tr. 16719\Tr. 16719 Additional Quantities.xlsx
CERTIFICATE OF RESOLUTION
i, Joseph H. Fretz, as Secretary of Richmond American_Homes of Maryland, Inc., a Maryland corporation (the "Company”),>do hereby certify on behalf of the Company that the following resolutions were adopted by the Board pursuant to Minutes of Action dated as of June 17, 2016, and that such resolutions are in full force and effect as of'the date of this Certificate of Resolution:
WHEREAS, effective November 19, 2010, Sondra Harris Was appointed Vice President - Land (California Division) of the Company; and WHEREAS, the California Division is now two divisions and the Company desires to reflect this change in Ms. Harris’ title; therefore, be it RESOLVED, that the Company hereby confirms that Sondra Harris holds the office of Vice President — Land (Southern California Division) to serve until' her successor is duly appointed or until the earlier ofher resignation, retirement, termination of her employment, or death; and it is
FURTHER RESOLVED, that Sondra Harris, as an officer of the Company, is authorized hereby to enter into, execute and deliver, on‘ behalf of the Company, any and all documents “necessary or advisable in connection with her position as Vice President — Land (Southern California Division).
RICHMOND AMERICAN HOMES OFMARYLAND, lNC., a Maryland corporation By;
Joseph H retz, Secre ary
Executed at Denver, Colorado this Z‘S’day of June 201653, RAHMD.0617163H
imam???» t .; .4 . . v.
CALIFORNIA ALL—PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that
document.
State of California )
County of Orange )
On June 25, 2020, before me, T Ris, Notary Public, personally appeared Sondra Harris, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that - the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
T. RIS
Notary Public - California
Orange County
Commission # 2195522
My Comm. Expires May 5. 2021
:‘-w~u
VNN
(Signature)
(Affix Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California _
County of San Bernardino
On September 2, 2020 before me, Marcie Wolters, Assistant City Clerk (insert name and title of the officer)
personally appeared Glorla GarCIa ,
who proved to me on the basis of satisfactory evidence to be the person(s-)whose name(sHs/aize— subscribed to the within instrument and acknowledged to me that helshe/they executed the same in hislher/their authorized capacityéies), and that by his/her/their signature(s—}on the instrument the person(s); or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature 2) & E04, W W (Seal)
Attachment C
SIA Release
Recording Requested by:
The City of Victorville
When Recorded Please Return To:
CITY OF VICTORVILLE
14343 Civic Drive
Victorville, CA 92392
Recording of this document is fee exempt under
Government Code Section 6103.
No Documentary Transfer Tax is due on the document pursuant to Revenue Taxation Code Section 11922
RELEASE OF SUBDIVISION AGREEMENT
Tract Map No. 17945 (TT-06-031)
WHEREAS, the City of Victorville, hereinafter called “CITY” entered into a Subdivision Agreement with Richmond American Homes of Maryland, Inc., hereinafter called “DEVELOPER”, for the substitution of existing security of Tract Map No. 16719, hereinafter called “PROPERTY”; and
WHEREAS, said Subdivision Agreement imposed duties, obligations, and requirements on the City and DEVELOPER; and WHEREAS, such performance, obligations, and requirements were recorded on September 3, 2020, as Document No. 2020- 0329559 in the office of the County Recorder of the County of San Bernardino.
NOW, THEREFORE, in consideration that these properties having a Subdivision Agreement against them by and between Richmond American Homes of Maryland, Inc. and the CITY and to be in compliance with said agreement hereinabove stated, the CITY hereby releases DEVELOPER from any further duty, obligation, or requirement imposed pursuant to the above indicated document only, and the same is hereby deemed of no further form and effect and shall cease to exist as a lien, duty obligation, or cloud on the title to the following described real properties:
See Exhibit “A”
I hereby state that all performances, obligations, and requirements required by the Subdivision Agreement, herein identified, per Title 17 of the Victorville Municipal Code required for Tract Map No. 16719 have been complied with on the hereinabove described property.
_________________________
Brian Gengler, City Engineer
R.C.E. 44730
CITY OF VICTORVILLE
By: _____________________________
Debra Jones, Mayor
ATTEST:
________________________________
Jennifer Thompson, City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney
RISK MANAGEMENT:
_________________________________
Sandra Bostick, Risk Manager
EXHIBIT “A”
Lots 1 through 44, 54, and 55, of Tract Map No. 16719, recorded in Map Book No. 318, pages 72 through 76 of Maps, in the Office of the San Bernardino County Recorder.
Attachment D
Securities Table
Securities Table
Public Improvement Faithful Performance Securities Breakdown Improvement Streets LMAD Monumentation
Original Security
Amount $93,061.99 $20,207 $5,600
Amount of
Security being
REDUCED
$18,612.40 $0.00 $0
Amount of
Security
REMAINING:
$0 $0.00 $0.00
Developer:
Richmond American Homes of Maryland, Inc
5171 California Avenue, Suite 120
Irvine, California 92617
Attachment E
Existing Securities
Item Number: 8
City Council / Board of Directors
Consent Calendar
Meeting of: June 20, 2023
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Second Reading of Ordinance No. 2440
Recommendation:
That the City Council adopt, by second reading, Ordinance No. 2440 amending and/or temporarily suspending certain provisions of Chapters 7.04 and 7.05 of Title 7 (Animals) of the Victorville Municipal Code for the purpose of addressing an imminent lack of animal sheltering capacity and facilities in the City, revising fee provisions, and updating references to responsible personnel.
Fiscal Impact:
Due to the fee waivers and temporary suspension of certain fees contained within the proposed Ordinance, a decrease in revenues is expected and reflected in the proposed Fiscal Year 2023/2024 budget. Except as specifically called out as fee waiver or temporary suspension, Animal Care and Control fees will adhere to the master fee schedule created by the City-Wide Comprehensive User Fee Study and adopted under Resolution No. 22-055 on June 7, 2022, or as updated by subsequent Council resolution.
Strategic Plan Goal:
This item aligns with Goal B: Public Safety – Transition the focus of animal services to include active public information and outreach and increase services to reflect higher needs of the community. The proposed amendments and temporary suspensions will help increase animal licensing and the implementation of a City animal shelter to meet community needs.
Discussion:
At the Regular City Council meeting held on June 6, 2023, the City Council voted to introduce Ordinance No. 2440, amending and/or temporarily suspending certain provisions of Chapters 7.04 and 7.05 of Title 7 (Animals) of the Victorville Municipal Code 3 1
1 2
for the purpose of addressing an imminent lack of animal sheltering capacity and facilities in the City, revising fee provisions, and updating references to responsible personnel.
This ordinance is being presented for adoption and once adopted, will become effective July 20, 2023.
Attachments: A. Ordinance No. 2440
ATTACHMENT A
1 ORDINANCE NO. 2440
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA, AMENDING AND/OR TEMPORARILY
SUSPENDING CERTAIN PROVISIONS OF CHAPTERS 7.04 AND 7.05 OF TITLE 7 (ANIMALS) OF THE VICTORVILLE MUNICIPAL CODE FOR
THE PURPOSES OF ADDRESSING AN IMMINENT LACK OF ANIMAL
SHELTERING CAPACITY AND FACILITIES IN THE CITY, REVISING
FEE PROVISIONS, AND UPDATING REFERENCES TO RESPONSIBLE
PERSONNEL
WHEREAS, the City Council of the City of Victorville (“ City”) has previously established by ordinance the provisions of Title 7 (Animals) of the Victorville Municipal Code (“VMC”), to protect the general health, safety and welfare of animals within the City , including provisions requiring the licensing of dogs and cats, spaying and neutering, rabies vaccinations, and providing sheltering services and facilities in the interest of protecting persons who own, care for or interact with animals in the City and to ensure humane animal care; and
WHEREAS, said Title 7 further provides the authority for the City to charge certain fees to fund the costs of administering its animal licensing system, and its animal pickup and sheltering services and facilities which the City has historically provided to its residents; and
WHEREAS, the Victor Valley Animal Protective League, which had provided low -cost animal spay/neuter and vaccination services to the community and served as the City’s primary animal sheltering and care facility for decades, unexpectedly gave the City notice at the end of March that it would be terminating its agreement with the City and all of its shelter operations effective April 30, 2023; and
WHEREAS, although City staff have vigorously been exploring alternative arrangements for animal sheltering and working to expand the limited animal sheltering capacity of the temporary facility owned by the City (the “ Emergency Shelter”), s aid Emergency Shelter currently has only sixty-two dog kennels and nine catteries, which are quickly filling to capacity; and
WHEREAS, due to the type of temporary kennels the City has been compelled to use and a lack of drainage systems to efficiently support them, the Emergency Shelter will require significant regulatory maintenance efforts by City Animal Care an d Control staff (“City Staff”).
Although the City has enlisted the assistance of the Best Friends Humane Organization to provide additional best practices guidelines to care for the animals during the City’s temporary operation, limiting of the number of animals at the Emergency Shelter will reduce potential illness outbreaks; and
WHEREAS, to ensure that the Emergency Shelter is not stretched beyond its current capacity or overloaded to the point that sheltering conditions could endanger the health and welfare of the animals being sheltered, as well as those providing for their care, it is necessary for the City to amend certain provisions of Title 7 and temporarily waive others; and 2 WHEREAS, revising the VMC provision which requires City Staff to pick up animals when requested to do so by pet owners who find they no longer want or are unable to care for them is necessary to ensure that the Emergency Shelter maintains capacity for animals requiring quarantining due to bite or cruelty investigations; and
WHEREAS, likewise revising the VMC provision which requires City Staff to impound animals found running loose or at large in public places or on private property or premises other than those of the person owning or having custody of said animal will further ensure that the Emergency Shelter maintains capacity to respond to Police/Fire Department requests relating to arrests or need for animal containment upon emergency response; and
WHEREAS, 2023 statistics from Forbes Advisor indicate that 66% of U.S . households own at least one dog or cat. The City has currently issued approximately 4,500 dog licenses (cat licensure in the City is encouraged, but voluntary) leaving approximately 12,000 unlicensed animals in the City; and
WHEREAS, adopting a temporary waiver (through the end of calendar year 2023) on the charging of first-time fees for the licensing of animals is needed to increase licensure of dogs and cats (which includes microchipping and rabies vaccination verification). Such temporary fee waiver is expected to minimize economic hardship and incentive residents to procure initial licenses and microchipping to enhance the likelihood of identifying and linking lost and impounded animals to pet owners in the City; and
WHEREAS, adopting a temporary stay (through the end of calendar year 2023) on the charging of late fees/penalties to persons not obtaining initial licensing of dogs and on the charging of certain “return to owner” fees associated with specific types of stray cat and dog impoundments is also needed to encourage residents to promptly seek licensure without being subject to late fees and to reduce the economic hardship associated with reclaiming impounded animals; and
WHEREAS, City staff is recommending the VMC be amended in order to implement the above described amendments and temporary stays/waivers to avoid overcrowding and unhealthy conditions from developing at the Emergency Shelter, and to encourage City residents to seek proper animal licensure; and
WHEREAS, this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15378(b)(5), and 15301 of the CEQA Guidelines as set forth further as findings herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals.
The recitals set forth above are true and correct and are hereby incorporated and made a substantive part of this Ordinance by this reference, including any definitions set forth therein.
3 Section 2. Amendment of Subsection 7.04.050(9) of Chapter 7.04 of Title 7of the VMC
SUBSECTION (9) OF SECTION 7.04.050 (DOG LICENSE) OF CHAPTER 7.04 (ANIMAL AND RABIES CONTROL ) OF TITLE 7 (ANIMALS) OF THE
VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:
(9) Waiver of License Fee For First Year. For animals adopted through an animal shelter or veterinarian's office, or purchased or adopted at a commercial establishment, a license is required, however, the license fee is waived for the first year after adopting or purchasing the animal. The first-year fee waiver applies to pets that are spayed or neutered, microchipped, and have a current rabies shot at time of purchase or adoption. After the first year, the license fee shall be as stipulated in Section 7.04.060.
Section 3. Addition of New Section 7.04.055 to Chapter 7.04 of Title 7 the VMC
A NEW SECTION 7.05.055 IS HEREBY ADDED TO CHAPTER 7.04 ( ANIMAL AND RABIES CONTROL ) OF TITLE 7 (ANIMALS) OF THE VICTORVILLE MUNICIPAL CODE (ANIMALS) TO READ AS FOLLOWS:
7.04.055 Temporary Waiver of First-Time Licensing Fees and Certain Other Fees and Penalties.
(a) To encourage pet owners in the C ity to microchip and procure licenses for their dogs and/or cats and to reduce the number of unvaccinated and lost animals requiring sheltering in City facilities, the City has temporarily adopted the following provisions:
(1) Fees associated with the first-time licensing of dogs or cats, including the cost of microchipping, and license issuance, but excluding the City’s cost of rabies vaccination, are temporarily waived, provided animal owner agree to have their animals microchipped.
(2) If an owner applies for first-time licensing of a dog that is already over four months of age, late penalties shall be waived provided the license application is submitted before December 31, 2023, and the owner agrees to have the dog microchipped.
(3) The fee and late penalty waivers in Sections 7.04.055(a)(1) and (2) shall not apply to any dog or cat license renewals and shall automatically become inoperative as of December 31, 2023, unless the City Council takes action by ordinance or resolution to extend the fee and late penalty waivers beyond the end of 2023.
(b) To encourage the licensing of dogs and cats, provide economic relief to owners of licensed animals that stray and become impounded, and reduce the amount of time licensed animals spend in City sheltering facilities, the City has temporarily adopted the following provisions:
4 (1) Impound-related fees which owners are required to pay before reclaiming their dogs or cats pursuant to Section 7.04.160 of this Chapter , shall be waived through December 31, 2023, but only with respect to the first two impoundments of any licensed dog or cat.
(2) Subject to obtaining an animal license prior to release of the animal to the animal owner and excluding the City’ s cost for rabies vaccination, impound-related fees which owners are required to pay before reclaiming their dogs or cats pursuant to Section 7.04.160 of this Chapter , shall be waived through December 31, 2023, but only with respect to the first impoundment of any unlicensed , altered dog or cat.
(3) The fee waivers in Sections 7.04.055(b)(1) and (b)(2) shall not apply to the impoundment of any unlicensed, unaltered dogs or cats, nor to the State-mandated fines charged for impoundments of unaltered dogs and cats pursuant to California Food and Agriculture Code Sections 30804.7 and 31751.7. The fee waivers in Section 7.04.055(b)(1) shall automatically become inoperative as of December 31, 2023, unless the City Council takes action by ordinance or resolution to extend them beyond the end of 2023.
Section 4. Amendment of Section 7.04.060 of Chapter 7.04 of Title 7 of the VMC
SECTION 7.04.060 (LICENSE FEES) OF CHAPTER 7.04 (ANIMAL AND RABIES CONTROL) OF TITLE 7 (ANIMALS) OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:
7.04.060 Licenses and other fees.
All fees and charges referred to in this Chapter shall be adopted and revised from time to time by City Council resolution and set forth in the City’s most recent master fee schedule.
Section 5. Amendment of Section 7.04.065 of Chapter 7.04 of Title 7 of the VMC
SECTION 7.04.065 (DOG LIMITATIONS) OF CHAPTER 7.04 ( ANIMAL AND RABIES CONTROL ) OF TITLE 7 (ANIMALS) OF THE VICTORVILLE
MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:
7.04.065 Dog Limitations.
(1) No person may keep or permit to be kept any dog without first having obtained a license pursuant to this Chapter.
5 (2) No person shall keep, harbor or maintain upon his premises within the city more than three dogs or cats unless said person shall comply with the commercial kennel requirements of Section 7.04.100 or unless said person comes within one of the following conditions:
(A) Any person who keeps or permits to be kept at his premises a dog for a temporary period as defined in subdivision (B) of this subsection shall obtain a dog license as is required by Section 7.04.050;
(B) Any person who keeps or maintains for a temporary period any dog must obtain from the Victorville City Manager, or his/her designee (hereinafter collectively the “City Manager”), a written authorization, in such form as is created by the City to temporarily keep or maintain said dog. "Temporary" means a period not to exceed thirty days. The City Manager may grant additional extensions to permit the temporary keeping or maintaining of dogs at his or her sole discretion.
The decision of the City Manager is final and is nonappealable. Under no circumstances may a dog be temporarily kept or maintained at a person's premises for a period in excess of ninety days, consecutive or nonconsecutive.
Section 6. Amendment of Section 7.04.100 of Chapter 7.04 of Title 7 of the VMC
SECTION 7.04.100 (COMMERCIAL KENNELS) OF CHAPTER 7.04 ( ANIMAL AND RABIES CONTROL ) OF TITLE 7 (ANIMALS) OF THE VICTORVILLE
MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:
7.04.100 Commercial Kennels.
(a) For the purpose of this chapter, a "commercial kennel" is defined as a place where five or more dogs are kept for the purpose of boarding, breeding, training or marketing.
Excluded from such definition shall be licensed and practicing veterinarians who are boarding or caring for dogs who are individually licensed by their owners.
(b) For the purpose of this chapter, "other animal establishments" are defined as rodeos, animal exhibits, stables, petting zoos, pet shops and grooming parlors.
(c) Every person, firm or corporation engaged in the business of operating a commercial kennel as defined in this section shall pay an annual inspection fee as set forth in Section 7.04.060. This fee will be in addition to the fee for obtaining a business license.
(d) All dogs owned by a commercial kennel shall be subject to the provisions of this chapter upon attaining the age of four months.
(e) The sale of each dog by a commercial kennel before it has attained the age of four months shall be reported by each commercial kennel operator on a form to be furnished by the animal control division, which form shall include information as to the na me and 6 address of the person to whom the dog is sold, a description of the dog, age of the dog and other such pertinent data as the animal control division may require. The animal control division shall have the power, upon the giving of ten days' notice by United States mail to any licensee under this section, and an opportunity to be heard, to revoke any license granted to a commercial kennel operator for violation of this chapter. A commercial kennel operator may appeal such revocation of a license to the city council, in which case the revocation shall not become effective until such time as the city council has heard and considered the appeal and acted to confirm, modify or set aside the action of the animal control officer. Boarding dogs in kennels shall be vaccinated and licensed in the name of the owner. Failure to comply with these requirements is considered a violation of this chapter by the dog owner.
Section 7. Amendment of Section 7.04.130 of Chapter 7.04 of Title 7 of the VMC
SECTION 7.04.130 ( RELEASE OF ANIMAL TO C ITY) OF CHAPTER 7.04 (ANIMAL AND RABIES CONTROL ) OF TITLE 7 (ANIMALS) OF THE
VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:
7.04.130 Release of animal to City.
If adequate animal sheltering facilities are available in the City, the animal control officer shall pick up a dog or cat on request of the owner. The owner shall be required to sign a written release of the animal before the animal is taken. Any owner wishing to release an animal to the city shall confine the animal for the convenience of the animal control officer. The fees will be as set forth in Section 7.04.060 of this Chapter.
Section 8. Amendment of Section 7.04.140 of Chapter 7.04 of Title 7 of the VMC
SECTION 7.04.140 ( ABANDONMENT OF ANIMAL ) OF CHAPTER 7.04 (ANIMAL AND RABIES CONTROL ) OF TITLE 7 (ANIMALS) OF THE
VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:
7.04.140 Abandonment of animal.
It is a violation of this chapter for any owner or custodian of any animal to deposit or abandon said animal in any building, lot, enclosure, lane, square or street, school ground, playground or any other public place or private premises in the city. When any animal is found to be abandoned, the animal may be impounded under provisions of this section. The owner of the animal may be charged fees as set forth in Section 7.04.060 of this Chapter for care and housing.
7 Section 9. Amendment of Section 7.04.150 of Chapter 7.04 of Title 7 of the VMC
SECTION 7.04.150 (DOGS LOOSE OR AT LARGE) OF CHAPTER 7.04 (ANIMAL AND RABIES CONTROL) OF TITLE 7 (ANIMALS) OF THE VICTORVILLE
MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:
7.04.150 Dogs or animals loose or at large.
It is a violation of this Chapter for any owner or custodian of any dog or other animal to permit such dog or other animal to roam at large or loose and not physically restrained on any public street, sidewalk, lane, alley, court or other public place or any private property or premises other than those of the person owning or having custody of said animal. Animals found running loose or at large and unrestrained as set forth in the preceding sentence, shall be subject to impoundment and such owner, custodian, or other person responsible for said animal shall be subject to the penalties set forth in Section
7.04.280. Any dog that on two separate occasions within a six- month period is observed by an animal control officer unrestrained off its property, may be impounded and the owner charged impound and other fees pursuant to Section 7.04.160 of this Chapter for care and housing until a disposition is made on the animal's behalf.
Section 10. Amendment of Section 7.04.160 of Chapter 7.04 of Title 7 of the VMC
SECTION 7.04.160 (IMPOUNDMENT, REDEMPTION AND SALE) OF
CHAPTER 7.04 (ANIMAL AND RABIES CONTROL) OF TITLE 7 (ANIMALS)
OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:
7.04.160 Impoundment, redemption and sale.
(a) Redemption of an impounded animal shall be made by exhibiting satisfactory proof of ownership and by paying the following required fees and charges, the amounts of which are as set forth in Section 7.04.060 of this Chapter:
(1) Impound fee;
(2) Medical care fee, if required;
(3) License, microchipping, and rabies vaccination fees, unless proof can be shown that the animal has been vaccinated , microchipped, and when required, licensed;
(4) Apprehension fee.
(b) Any dog impounded and not wearing a valid dog license will be held in accordance with state law. Any dog impounded and wearing a valid license or other permanent 8 identification as described in subsection (5) of Section 7.04.050 will be held for a period of one hundred twenty hours after the registered owner of the dog has been notified that such dog has been impounded and then disposed of if not claimed by the owner and the fees paid. If the identified dog is unclaimed, the owner may be billed for cost recovery by the city. The registered owner shall be considered to have been notified when phone contact is made or an employee from animal care and control has posted a notice on their property.
(c) In the event any dog over four months of age who has been impounded has not been vaccinated, licensed, or microchipped, the owner will pay, in addition to impound and apprehension fees, fees for vaccination, microchipping, and the required license fee before the dog can be reclaimed. The provisions of California Food and Agriculture Code Section 31108.3 shall apply to the microchipping of dogs being reclaimed, as well to dogs that may be sold or adopted out by the City shelter.
(d) S tray cats which are impounded will be held in accordance with State law . In the event any cat over four months of age who has been impounded has not been vaccinated, or microchipped, the owner will pay, in addition to impound and apprehension fees, fees for vaccination and microchipping before the cat can be reclaimed. The provisions of California Food and Agriculture Code Section 31752.1 shall apply to the microchipping of cats being reclaimed, as well as to cats that may be sold or adopted out by the City shelter.
(e) Animals delivered to the animal shelter or other City authorized impound may be sold, transferred to an animal rescue , or put up for adoption based upon all the following conditions having been met:
(1) A period of more than seventy-two hours has elapsed (not including the day of impoundment) and the animal has not been claimed;
(2) If the animal is a dog or a cat, compliance with Sections 30503 and 31751.3 of the California Food and Agriculture Code relating to spaying and neutering, or any successor provisions, have been complied with;
(3) Permission of the animal control officer has been given;
(4) The purchaser of the animal shall be required to pay all license, vaccination, microchipping, and other fees required by this Chapter.
Section 11. Amendment of Section 7.04.280 of Chapter 7.04 of Title 7 of the VMC
SECTION 7.04.280 ( VIOLATIONS) OF CHAPTER 7.04 (ANIMAL AND RABIES CONTROL) OF TITLE 7 (ANIMALS) OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:
7.04.280 – Violations and Penalties.
(a) Any person violating any of the provisions of or failing to comply with any of the requirements of this Chapter shall be guilty of a misdemeanor or an infraction in accordance with 9 the provisions of Chapter 1.04 of this Code and subject to the penalties and other provisions set forth therein.
(b) Any person violating any of the provisions of or failing to comply with any of the requirements of this Chapter may also be issued an administrative citation in accordance with the provisions of Chapter 1.05 of this Code and subject to the penalties and other provisions set forth therein.
(c) Each and every day such violation or failure to comply continues shall be regarded as a new and separate offense.
(d) In addition to the arrest or citation of the owner or custodian, the animal committing the violation or which is found to be in violation of this Chapter may be impounded. Any animal so impounded may be redeemed as provided for in Section 7.04.160.
Section 12. Repeal of Section 7.04.290 of Chapter 7.04 of Title 7 of the VMC
SECTION 7.04.290 (INFRACTION VIOLATIONS) OF CHAPTER 7.04 (ANIMAL AND RABIES CONTROL) OF TITLE 7 (ANIMALS) OF THE VICTORVILLE
MUNICIPAL CODE IS HEREBY REPEALED IN ITS ENTIRETY AND SHALL NOW READ FOLLOWS:
7.04.290 Reserved.
Section 13. Amendment of Section 7.04.300 of Chapter 7.04 of Title 7 of the VMC
SECTION 7.04.300 (LIVE ANIMAL TRAP RENTALS) OF CHAPTER 7.04 (ANIMAL AND RABIES CONTROL) OF TITLE 7 (ANIMALS) OF THE
VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:
7.04.300 Live animal trap rentals.
Live animal traps are available for use by the public. These traps will be provided at no cost with a fifty -dollar ($50.00) deposit. Deposits will be refunded if the trap is returned in workable condition.
Section 14. Amendment of Section 7.05.040 of Chapter 7.05 of Title 7 of the VMC
SECTION 7.05.050 (LICENSE APPLICATION) OF CHAPTER 7.0 5 (BREEDING REGULATIONS FOR DOGS AND CATS) OF TITLE 7 (ANIMALS) OF THE
VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:
7.05.040 License application.
Applications for a breeding license or a renewal of a breeding license required by 10 this section shall be filed with the City Manager upon printed forms to be prescribed and supplied by the City. Each application, or renewal, shall be signed under penalty of perjury by the applicant.
Section 15. Amendment of Section 7.05.050 of Chapter 7.05 of Title 7 of the VMC
SECTION 7.05.050 (INSPECTION OF PREMISES) OF CHAPTER 7.05 (BREEDING REGULATIONS FOR DOGS AND CATS) OF TITLE 7 (ANIMALS)
OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:
7.05.050 Inspection of premises.
After receipt of a completed application, the City Manager shall make an inspection of the premises for which the breeding license is requested. No breeding license shall be issued or renewed until the City Manager ensures that the establishment is in good order and in sanitary condition, and is conducive for dog and/or cat breeding. As a condition to the issuance of the breeding license, the applicant shall agree to allow such entry and inspection, and such agreement shall be made a part of the license application. Such inspections shall be made during reasonable hours at times when the applicant is present on the premises, and with such frequency as the City Manager deems appropriate. Willful refusal on the part of the applicant shall be grounds for summary denial of an applic ation or renewal of a breeding license.
Section 16. Amendment of Section 7.05.060 of Chapter 7.05 of Title 7 of the VMC
SECTION 7.05.060 ( LICENSE TERMS AND CONDITIONS) OF CHAPTER 7.0 5 (BREEDING REGULATIONS FOR DOGS AND CATS) OF TITLE 7 (ANIMALS)
OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:
7.05.060 License terms and conditions.
All breeding licenses shall contain the following terms and conditions:
(1) The owner of an unaltered female dog or cat shall not allow the whelping of more than one litter per female in any twelve-month period.
(A) Notwithstanding this provision, the City Manager is hereby authorized, upon application, to allow on a one-time basis the whelping of up to two dog or cat litters per breeding animal within any establishment or domestic household within a twelve-month period, if the applicant establishes that such breeding is required to protect the health of the animal or avert a substantial economic loss to the applicant.
In the event that an applicant is forced to euthanize a litter of dogs or cats, the City Manager may authorize the whelping of one additional litter of dogs or cats within the same license year by the licensee.
11 (2) No offspring may be sold until it has reached the age of at least eight weeks.
(3) No offspring may be sold until immunized against common diseases. The sale of a dog or cat shall include a statement acknowledging the animal's health, and the animal's immunization history. This statement shall be signed by the breeder or attested to by the purchaser.
(4) Any licensee who advertises to the public the availability of any dog or cat for sale must prominently display the breeding license number in any such advertisement. Further, the licensee must provide the license number to any person who purchases any animal from the licensee and include the license number on any receipt of sale or transfer document.
(5) Commercial establishments selling locally bred dogs or cats shall prominently display their breeding license number. Commercial establishments selling dogs or cats which were not bred within the city of Victorville, shall prominently display the name and address of the breeder of such dogs and cats.
(6) Any licensee selling a dog or a cat shall submit to the city of Victorville, department of public works, the name, address, and telephone number of the animal's new owner within five days from the date of sale or other transfer.
(7) When an animal is temporarily in the city of Victorville for breeding purposes, the owner of such animal is required to have and present, when requested, a certificate of health signed by a licensed veterinarian within the prior thirty-day period.
Section 17. Amendment of Section 7.05.110 of Chapter 7.05 of Title 7 of the VMC
SECTION 7.05.110 ( DENIAL OF BREEDING LICENSE) OF CHAPTER 7.0 5 (BREEDING REGULATIONS FOR DOGS AND CATS) OF TITLE 7 (ANIMALS)
OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:
7.05.110 Denial of breeding license.
(a) The City Manager may deny the application or renewal of a breeding license for any of the following reasons:
(1) Applicant does not allow the reasonable inspection of the premises by the City Manager;
(2) Inspection of the premises reveals conditions not suitable for dog or cat breeding;
(3) Applicant made a false, misleading or fraudulent statement of a material fact in an application for a breeding license, or in any report or record required to 12 be filed with the city of Victorville;
(4) Applicant committed an act which violates any rule o r regulation adopted by any governmental agency relating to the licensee's business, if any, including, but not limited to, failure to pay local taxes, fees or assessment imposed by the city, or any district created by the city;
(5) Applicant violated any condition or restriction of the breeding license;
(6) Applicant conducted the breeding of dogs and cats in a manner contrary to the health, safety and the general welfare of the public;
(7) Applicant has been convicted of or pled no contest to any crime involving animal cruelty or neglect.
(b) The decision of the City Manager shall be in writing. If the decision is to deny the application or renewal of a breeding license, he shall inform the applicant in writing by issuing a notice of denial. The notice of denial shall state the reasons for the denial, as well as a provision informing the applicant of his or her right to appeal the decision to the city council within ten days of the service of the notice of denial. The notice of denial shall be sent first class mail return receipt requested.
Section 18. Amendment of Section 7.05.120 of Chapter 7.05 of Title 7 of the VMC
SECTION 7.05.120 ( APPEAL FROM DENIAL OF BREEDING LICENSE OR DENIAL OF RENEWAL OF BREEDING LICENSE) OF CHAPTER 7.0 5 (BREEDING REGULATIONS FOR DOGS AND CATS) OF TITLE 7 (ANIMALS)
OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:
7.05.120 Appeal from denial of breeding license or denial of renewal of breeding license.
(a) The decision of the City Manager may be appealed to the city council by filing a request for appeal with the city clerk no later than ten days after the date of the service of the notice of denial. Upon a timely request for appeal, the city clerk shall set the appeal hearing for a regularly scheduled or special city council meeting not later than thirty days after receipt of the request for appeal. Notice of such appeal hearing shall be given to the appellant not fewer than five days prior to the hearing. The notice of the appeal hearing shall provide the date and time of hearing, the right of the appellant to be accompanied by counsel at the hearing, the right of the appellant to call and examine witnesses and to cross- examine opposing witnesses.
(b) After the expiration of the appeal period to the city council, the decision of the City Manager shall be final and conclusive unless an appeal was timely filed in accordance with the provisions set forth above.
13 (c) In considering the appeal, the city council shall conduct the hearing and may uphold, reverse, or amend any decision of the City Manager. The decision of the city council shall be delivered to applicant within ten days of the hearing on appeal either personally or by certified mail, and/or by regular U.S. mail, to the address last shown on the application for a license, unless the applicant has provided the city council with written notice of a change in address, in which case the notice shall be sent to such address. The decision shall be supported by written findings and shall include notification of Section 1094.6 of the California Code of Civil Procedure.
Section 19. Repeal of Conflicting Provisions.
All the provisions of the Victorville Municipal Code heretofore adopted by the City Council of the City of Victorville that are in conflict with the provisions of this Ordinance are hereby repealed as of the effective date hereof.
Section 20. Severability.
The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.
Section 21. CEQA Exemption.
The City Council finds, pursuant to Title 14 of the California Code of Regulations, Sectio n 15060(c)(2), that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) because the passage of said Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment. The City Council further finds that passage of said Ordinance is also exempt as governmental administrative activity under Section 15378(b)(5), as it makes certain amendments to and establishes temporary fee waivers with respect to existing animal control provisions of the VMC. The City Council finds that the City’s expansion of its Emergency Shelter facilities, while not a direct or indirect result of the passage of this Ordinance, is categorically exempt from CEQA under Section 15301 which permits minor alterations of existing public structures and facilities where the expansion of the current use is negligible.
Section 22. Effective Date.
This Ordinance shall take effect thirty (30) days after its final passage.
Section 23. Certification.
The City Clerk of the City of Victorville is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published as required by law.
P:\APPS\WPDATA\VVCA\0001-57 ANIMAL CONTROL\041.3- REG ORD NO 2440 AMEND TITLE 7 CHS 7.04 & 7.05 V5 FINAL 05.26.23.DOCX Item Number: 9
City Council / Board of Directors
Written Communications
Meeting of: June 20, 2023
Submitted By:
David Foster, Fire Chief
Subject:
Request to Approve Automatic Aid and Mutual Aid Agreement with Apple Valley Fire Protection District
Recommendation:
That the City Council approve the Automatic Aid and Mutual Aid Agreement between the Apple Valley Fire Protection District and the City of Victorville and authorize execution of the Agreement by the City Manager.
Fiscal Impact:
There is no fiscal impact associated with this item.
Strategic Plan Goal:
This item aligns with Goal B in the Strategic Plan, “Public Safety; Implement public safety strategies to support a thriving and growing community”.
Background:
The City Council approved an agreement for Automatic Aid and Mutual Aid with the Apple Valley Fire Protection District during its December 18, 2018 City Council meeting. Said agreement is set to expire on June 30, 2023. Due to the geographic location of the City of Victorville and Apple Valley, automatic and mutual aid agreements benefit both Departments and therefore their communities.
Discussion:
Automatic and Mutual Aid Agreements are commonly used by Fire Departments across the United States to support the departments in providing emergency services to the community and increasing firefighter safety. Effective use of Automatic and Mutual Aid Agreements assist in preventing life and property losses, and provide mutual benefits to both agencies and their respective constituencies. Both types of agreements provide the 3 1
7 9
guidelines for reciprocal supplemental assistance when fires or other local Fire Department related emergencies occur.
Automatic Aid is provided during the dispatch process based on the closest appropriate unit or call type. Mutual Aid is provided upon request of the stricken department by units on the scene of the incident. Mutual Aid requests may be declined if the sending agency’s department resources are unavailable.
Proposed Automatic Aid and Mutual Aid Agreement with Apple Valley Fire Protection District:
The proposed renewal of the Automatic Aid and Mutual Aid Agreement (Attachment A) utilizes a “Boundary Drop/Closest Unit Concept”. This established the structure to provide Automatic Aid in areas contiguous to each jurisdiction’s boundaries based on available resources. No limitations on providing automatic aid based on incident type are present.
Types of resources include Type 1 & Type 3 Engines, Water Tenders, Ladder Trucks, Squads, Rescue Units, Command Overhead, and other resources as deemed appropriate.
The term of this proposed Agreement is for five (5) years through June 30, 2028.
City Staff respectfully requests that the City Council take action to approve the attached Agreement and authorize the City Manager or designee to execute the Agreement. Once executed by the City of Victorville, the Agreement will be submitted to the Apple Valley Fire Protection District Fire Chief and Agency governing board for approval.
Staff is available to answer any questions the City Council may have.
Attachments: A. Automatic Aid and Mutual Aid Agreement
Attachment A
Automatic Aid and Mutual Aid Agreement
Standard Contract (Revised 06122023)
AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID
BETWEEN
APPLE VALLEY FIRE PROTECTION DISTRICT
AND
CITY OF VICTORVILLE
This AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID (“Agreement”), dated June 20, 2023 for reference purpose only, is made by and between the Apple Valley Fire Protection District (the “DISTRICT”) and the City of Victorville (the “CITY”). The DISTRICT and the CITY are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties”.
W I T N E S S E T H:
WHEREAS, the P arties to this Agreement are both legally empowered to provide fire protection and rescue services within their respective jurisdictions; and
WHEREAS, it is in the best interest of the citizens of DISTRICT and the CITY to provide the most expeditious response to suppress fires and render other emergency service; and
WHEREAS, each Party is desirous of providing to the other a reasonable and reciprocal exchange of fire, rescue, and emergency medical services on a day to day basis; and
WHEREAS, this Agreement is authorized by provisions of applicable state and federal law; and
WHEREAS, the Parties currently have in force an agreement to provide such automatic and mutual aid, which agreement is due to expire on June 30, 2023; and
WHEREAS the Parties wish to extend this automatic and mutual aid arrangement for an additional five (5) years under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of these mutual covenants, the Parties agree to undertake mutual aid under the terms, provisions, and conditions hereinafter provided.
A. AUTOMATIC AID:
1. Automatic aid shall subscribe to the “Boundary Drop/Closest Unit Concept” and shall be limited to the boundaries of the DISTRICT and the CITY as set forth in the Boundary Map (Attachment “B”). Said Attachment “B” is hereby incorporated as part of this Agreement by this reference.
2. The DISTRICT will, upon notification from its primary dispatch facility, respond with the pre- identified type of emergency equipment to an incident within the CITY’s jurisdictional boundaries. This is to be an immediate response not requiring individual authorization of the Duty Officer, and is to be considered an initial attack resource. The equipment responded, as Automatic Aid under this Agreement, shall be in the order of the closest 1 st: immediately staffed
resource. Should the CITY require more resources than the DISTRICT has available, the CITY Duty Officer will need to request resources through the “mutual aid” system (Operational Area).
Revised 06/08/2023
3. The CITY will, upon notification from its primary dispatch facility, respond with the pre - identified type of emergency equipment to an incident within The DISTRICT’s jurisdictional boundaries. This is to be an immediate response not requiring individual authorization of the Duty Officer, and is to be considered an initial attack resource. The equipment responded, as Automatic Aid under this Agreement, shall be in the order of the closest 1st: immediately staffed resource. Should the DISTRICT require more resources than the CITY has available, the DISTRICT Duty Officer will need to request resources through the “mutual aid” system (Operational Area).
4. The DISTRICT will, upon notification from its primary dispatch facility, respond with the unit(s) of the type requested to an incident within the CITY’s jurisdictional boundaries. The DISTRICT auto aid resources shall be released as soon as possible by the CITY.
5. The CITY will, upon notification from its primary dispatch facility, respond with the unit(s) of the type requested to an incident within the DISTRICT’s jurisdictional boundaries. The CITY auto aid resources shall be released as soon as possible by the DISTRICT.
6. The terms, as listed in Sections 1 through 5 above, are conditional upon the availability of resources from the sending agency. Neither P arty, in rendering aid to the other, shall be obligated to send resources that are previously committed to incidents in progress or to the extent that a situation is created that is detrimental to its citizens. The Duty Officer in charge of the assisting agency shall make such determination.
7. The minimum terms, as agreed upon by both the DISTRICT and the CITY, are recorded in the Operating Plan (Attachment “A”). Said Attachment “A” is hereby incorporated as part of this Agreement by this reference.
8. In those instances where an assisting fire department arrives before the jurisdictional fire department, the assisting fire department will take the necessary action dictated by the situation. However, it is assumed that the jurisdictional fire department will arrive shortly after the arrival of the assisting fire department. Thereafter, the responsibility for coping with the situation will be immediately assumed by the jurisdictional fire department upon its arrival at the scene. The assisting fire department personnel will be under the direction of the officer - in-charge of the jurisdictional fire department. It is further agreed that the assisting fire department will be released from the scene as soon as is practical by the jurisdictional fire department.
9. It is mutually understood and agreed that this Agreement does not relieve either Party hereto from the necessity and obligation for using its own resources for furnishing fire response within any part of its own jurisdiction, and that the assisting fire department’s response to a request for aid will be dependent upon the existing emergency conditions within its own jurisdiction and the status of its resources. If an assisting fire department cannot respond under this Agreement, it must immediately notify the jurisdictional communication center.
10. Neither the DISTRICT nor the CITY shall be obligated to reimburse the other for any action taken or aid rendered hereunder, or for any use of materials, damage to equipment, or liability, or claims incurred which may occur in the course of rendering assistance herein provided for.
11. When service is rendered, the CITY shall have the option to recover costs by participating in relevant DISTRICT Cost Recovery Programs. In turn, the DISTRICT shall have the option to recover cost by participating in relevant CITY Cost Recovery Program s. The assisting fire Revised 06/08/2023
district/department shall submit the designated forms to the responsible fire district/department. The responsible fire district/department shall attempt collection, and if the cost recovery claim is successful, the money collected shall be returned to the assisting fire department, minus the actual cost for processing the claim.
B. MUTUAL AID:
1. The DISTRICT and the CITY agree to provide assistance mutually for emergency incidents that do, or may, surpass the receiving Party’s capabilities.
2. Mutual Aid responses from either Party shall include personnel, equipment, material and supplies such as are usually and customarily used within the sending P arty’s jurisdiction, notwithstanding any other provisions of this Agreement. The DISTRICT equipment responded, as Mutual Aid under this Agreement, shall be in order of 1 st: immediately staffed,
2nd: Reserve, or 3rd:,: other as-needed resources. The CITY equipment responded, as Mutual Aid under this Agreement, shall be in order of 1 st: immediately staffed, 2nd: Reserve, or 3rd:,:
other as-needed resources.
3. The DISTRICT will, upon notification from its primary dispatch facility, and with approval of its Duty Officer, respond with the requested type of emergency equipment to an incident within the CITY jurisdictional boundaries. The CITY will, upon notification from its primary dispatch facility, and with approval of its Duty Officer, respond with the requested type of emergency equipment to an incident within the DISTRICT jurisdictional boundaries. Resources requested by either the DISTR ICT or the CITY will be released as soon as possible by the requesting Party.
4. The terms, as listed in Section 3, are conditional upon the availability of resources from the sending agency. Neither the DISTRICT nor the CITY in rendering aid to the other, shall be obligated to reduce its own resources to the extent that a situation is created that is detrimental to its citizens. The Duty Officer in charge of the assisting agency shall make such determination.
5. It is mutually understood and agreed that this Agreement does not relieve either Party hereto from the necessity and obligation for using its own resources for furnishing fire and/or rescue response within any part of its own jurisdiction, and that the assisting fire department’s response to a request for aid will be dependent upon the existing emergency conditions within its own jurisdiction and the status of its resources. If an assisting fire department cannot respond under this Agreement, it must immediately notify the requesting communication center.
6. Details as to amounts and types of assistance to be dispatched, area to be assisted, methods of dispatching and communications, methods of requesting aid and positions authorized to send and receive such requests shall be recorded in an Operating Plan and signed by the Fire Chiefs of the DISTRICT and the CITY. The terms, as agreed upon by both the DISTRICT and the CITY are recorded in the Operating Plan (Attachment “A”).
7. In those instances where an assis ting fire department arrives before the jurisdictional fire department, the assisting fire department will take the necessary action dictated by the situation. However, it is assumed that the jurisdictional fire department will arrive shortly after the arrival of the assisting fire department. Thereafter, the responsibility for coping with the situation will be immediately assumed by the jurisdictional fire department upon its arrival at Revised 06/08/2023
the scene. The assisting fire department personnel will be under the direction of the officer - in-charge of the jurisdictional fire department. It is further agreed that the assisting fire department will be released from the scene as soon as is practical by the jurisdictional fire department.
8. Neither the DISTRICT nor the CITY shall be obligated to reimburse the other for any action taken or aid rendered hereunder, or for any use of materials, damage to equipment, or liability, or claims incurred which may occur in the course of rendering assistance herein provided for.
9. Nothing herein shall preclude either P arty from making claims to signatories of the State of California Cooperative Agreement for Local Government Fire Suppression (California Fire Assistance Agreement), nor any other reimbursement or claim instrument which may arise during the life of this Agreement, if all other criteria for such a claim have been met.
10. When service is rendered, the CITY shall have the option to recover costs by participating in relevant DISTRICT Cost Recovery Programs. In turn, the DISTRICT shall have the option to recover cost by participating in relevant CITY Cost Recovery Programs. The assisting fire district/department shall submit the designated forms to the responsible fire district/department. The responsible fire district/department shall attempt collection, and if the cost recovery claim is successful, the money collected shall be returned to the assisting fire district/department, minus the actual cost for processing the claim.
C. INDEMNIFICATION:
1. T he DISTRICT agrees to indemnify, defend, and hold harmless the CITY and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this Agreement from any cause whatsoever, including the acts, errors, or omissions of any person and for any costs or expenses incurred by the CITY on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees.
2. T he CITY agrees to indemnify, defend, and hold harmless the DISTRICT and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this Agreement from any cause whatsoever, including the acts, errors, or omissions of any person and for any costs or expenses incurred by THE DISTRICT on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees.
D. COMPARATIVE FAULT: In the event that the DISTRICT and the CITY are determined to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Agreement, the DISTRICT and or the CITY shall indemnify the other to the extent of its comparative fault.
E. INSURANCE: The DISTRICT and the CITY are authorized self-insurance public entities for purposes of Professional Liability, General Liability, Automobile Liability, Workers’ Compensation and Property Damage and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the term, conditions , or obligations of this Agreement. At no time shall the employees of one Party be considered the employees of the other.
Revised 06/08/2023
F. DISCRIMINATION: The Parties agree not to discriminate on the basis of race, religion, color, sex, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, or source of income in the performance of this Agreement.
G. WAIVER OF BREACH: A waiver of breach of any provision of this Agreement by either Party shall not operate as a waiver of any subsequent breach of the same or any other provisions of this Agreement.
H. APPLICABLE LAWS: At all times during the term of this Agreement, the DISTRICT and the CITY shall comply with all applicable laws, ordinances, rules , and regulations of the United States of America and the State of California, including all agencies and subdivisions thereof.
I. GENERAL PROVISIONS: Unless otherwise specifically prescribed in this Agreement, the following provisions shall govern its interpretation and construction:
1. When consistent with the context of the Agreement, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.
2. Time is of the essence of this Agreement. Neither the DISTRICT nor the CITY shall be relieved of its obligation to comply promptly with any provisions of this Agreement by any failure of the other Party to enforce prompt compliance with any of its provisions.
3. Every duty and every act to be performed by either Party imposes an obligation of good faith on the Party to perform such.
J. TERM:
1. The term of this Agreement shall be for a period of five (5) years, commencing on July 1, 2023 and continuing until June 30, 2028.
2. Either Party may, by written notice to the other Party, terminate this Agreement at any time and without cause by giving written notice to the other Party of such termination, and specifying the effective date thereof, which date shall be not less than ninety (90) days after the date such notice is given.
K. NOTICE; MISCELLANEOUS
1. All notices, reports, or demands required to be given in writing under this Agreement shall be deemed to be given when delivered personally to the person designated below, or his successor, or when five (5) days have elapsed after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid, or on the next addressed business day if sent by express mail or overnight air courier to the Party to which the notice is being given, as follows:
Revised 06/08/2023
If to DISTRICT:
Apple Valley Fire Protection District
Attn: Fire Chief
22400 Headquarters Drive
Apple Valley, CA 92307
If to CITY:
City of Victorville
Attn: Fire Chief
14343 Civic Drive
PO Box 5001
Victorville, CA. 92393-5001
Either Party, upon giving written notice to the other Party as provided in this section, may change such addresses.
2. It is understood that this Agreement will in no way affect or have any bearing on the existing California Master Mutual Aid Agreement.
L. CAPTIONS: The paragraph captions and headings in this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
M. DISTRICT REPRESENTATIVES:
1. “The CITY’s Representative” – The CITY hereby designates the CITY OF VICTORVILLE Fire Chief, or his/her designee, to act as its representative for the performance of this Agreement.
The CITY’s Representative shall have the power to act on behalf of the CITY for all purposes under this Agreement. The CITY’s Representative shall supervise and direct the services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the services under this Agreement.
2. “ The DISTRICT’s Representative” – The DISTRICT hereby designates the APPLE VALLEY FIRE PROTECTION DISTRICT’s Fire Chief or his /her designee, to act as its representative for the performance of this Agreement. The DISTRICT’s Representative shall have the full authority to represent and act on behalf of the DISTRICT for all purposes under this Agreement. The DISTRICT’s Representative shall supervise and direct the services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the services under this Agreement.
N. VENUE: The venue of any action or claim brought by any Party to this Agreement will be the California Central District Court of San Bernardino County. Each Party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning the Agreement is brought by any third-party and filed in another venue, the Parties hereto agree to use their best efforts to obtain a change of venue to San Bernardino County.
[END OF PAGE – SIGNATURES FOLLOW]
Revised 06/08/2023
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and approved as of the dates written below. This Agreement shall be effective and operative as of July 1, 2023, or the date of full execution by the Parties, whichever occurs last.
APPLE VALLEY FIRE PROTECTION DISTRICT
CITY OF VICTORVILLE
By ___________________________________
By
__________________________________
(Authorized signature - sign in blue ink) (Authorized signature - sign in blue ink)
Name
Name
(Print or type name of person signing contract) (Print or type name of person signing contract)
Title ________________________________ Title
(Print or Type) (Print or Type)
Dated: _______________________________ Dated:
APPROVED AS TO FORM
________________________________________
Andre de Bortnowsky, City Attorney
CITY OF VICTORVILLE RISK MANAGEMENT
________________________________________
Sandra Bostick, Risk Manager
OPERATING PLAN BETWEEN
APPLE VALLEY FIRE PROTECTION DISTRICT
AND
THE CITY OF VICTORVILLE
Attachment “A”
2023
INTRODUCTION
The purpose of this Operating Plan is to define the process for implementing the Automatic Aid/Mutual Aid Agreement between the Apple Valley Fire Protection District (herein; DISTRICT) and the City of Victorville (herein; CITY). This Plan consists of:
I. Automatic Aid
Automatic Aid allows for the use of “Boundary Drops” and subscribes to the “Closest Unit Concept .” Automatic Aid is limited to the capabilities of each of the entities herein. The Automatic Aid boundaries for the DISTRICT and the CITY are shown on “Boundary Map” (Attachment B). This agreement does not preclude the DISTRICT or the CITY from responding to incidents along jurisdictional boundaries when the location is not clear.
II. Mutual Aid
Any request not covered as Automatic Aid shall be Mutual Aid. Immediately upon receiving a Mutual Aid request the sending agencies dispatch center shall contact the sending agencies Duty Officer to approve or deny the request.
Mutual Aid boundaries are at the discretion of the Duty Officer.
III. Types of Mutual Aid Equipment
This agreement is for reciprocal resources such as Type 1 and Type 3 Engines, Water Tenders, Ladder Trucks, Squads, Rescue Units, Command Overhead and other resources as deemed appropriate.
IV. Incident Response
Each jurisdiction, the DISTRICT and the CITY will respond to Still Alarms and Emergency Medical Incidents until they have exhausted their local resources. When resources have been exhausted, the respective Duty Chief will determine the mode and method for responses beyond the capability of the jurisdiction.
Each jurisdiction, the DISTRICT and the CITY will fill resource needs for incidents requiring multiple resources to respond from their respective available resources first, with remaining response needs being dispatched through the use of Automatic Aid and mutual aid as necessary.
1. The responding Automatic Aid resources will be the closest available to the DISTRICT and the CITY.
2. Mutual Aid resources will be the closest most appropriate as determined by the providing agency’s Duty Officer.
V. Boundary Drop
The DISTRICT and the CITY agree to participate in a Boundary Drop “Closest Resource Concept”.
Medical aids are limited to “Delta and Echo” only.
Response plan updates that may affect the other Party shall not be made without the review and approval of the affected Party’s Fire Chief. Without specific approval from the sending agency, response plans shall not be built to request more than one Boundary Drop unit for any single incident from the DISTRICT or CITY.
VI. Incident Communications
Units shall be dispatched on their agency standard frequency. While enroute, the DISTRICT Communications Center will establish the appropriate tactical frequency. If an incident requires, the responding unit shall also be capable of operation on 800 MHz or appropriate VHF mutual aid frequencies.
VII. Incident Management
As resources arrive and command responsibility is transferred, incident command shall progress through the following succession regardless of jurisdiction:
1. First Arriving Company Officer, who may pass command to second arriving Company Officer
2. First Arriving Chief Officer
Revised 06/08/2023 Page
2 of 8
The Company Officer or Chief Officer will assume final incident command with jurisdictional responsibility. All incidents will be managed under the Incident Command Sy stem (ICS). Incidents of mutual threat may be managed through “Unified Command.”
______________________________________ ______________________________________ James “Buddy” Peratt, Fire Chief Dave Foster, Fire Chief Apple Valley Fire Protection District City of Victorville
______________________________________ ______________________________________ Date Date
VICTORVILLE & APPLE VALLEY FIRE DISTRICTS
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Item Number: 10
City Council / Board of Directors
Written Communications
Meeting of: June 20, 2023
Submitted By:
Doug Mathews, Director of Public Works and Water
Subject:
Award Construction Agreements to Kelley’s Underground Construction Inc., High Desert Underground, Inc., and DDH Apple Valley Construction, Inc., for Qualified Emergency Water Contractor
Recommendation:
That the Honorable City Council and Victorville Water District Board of Directors (Board) award Construction Agreements for Qualified Emergency Contractor, Project CC23-082, by and between the Victorville Water District (District) and:
(1) Kelley’s Underground Construction Inc.,
(2) High Desert Underground, Inc., and
(3) DDH Apple Valley Construction, Inc.; and
By and between the City of Victorville and:
(4) Kelley’s Underground Construction Inc.
(5) High Desert Underground, Inc.; and
(6) DDH Apple Valley Construction, Inc.
Fiscal Impact:
The contracts being awarded propose encumbering and expending $480,000 of total budgeted funds for Fiscal Year 2023-2024 with the District and the Public Works Department combined. The funds were budgeted in Fiscal Year 2023-2024 under the Victorville Water District and Public Works Department in the following account codes:
•4100535 – 52440 – $300,000
o4100535 – Water Fund, Field Services
o52440 – Infrastructure and Repairs
•2025060 – 52300 - $90,000
o2025060 – Public Works Fund, Storm Drain Operations
o52300 – Contract Services
•4250700 – 52300 – $90,000
o4250700 – Public Works Fund, Sanitary Sewer
3 1
5 9
o52300 – Contract Services
Strategic Plan Goal:
This item aligns with Goal E, Invest in Infrastructure, which focuses on creating a healthy and livable community by maintaining the City’s assets through investment in infrastructure and innovations. By having an emergency contractor available to assist staff during an emergency with water, sewer, and/or storm drain infrastructure, a healthy and livable community can continue to thrive for the City’s residents.
Background:
The District and the Sanitary/Sewer and Storm Drain divisions of the Public Works Department occasionally use outside contractors to perform on-call and/or emergency work, generally due to a need for additional resources to complete competing tasks, or because specialized equipment or expertise are required for the job. The type of work required for the District includes repairs of water infrastructure necessary for water conveyance. The contractors will be expected to repair many types of water facilities, including but not limited to valves, water mains, and service lines.
The Sanitary/Sewer and Storm Drain divisions of the Public Works Department would require work consisting of the excavation, removal, and replacement of damaged and/or failed pipes. Additional types of infrastructure repairs may include repairs to lift/pump stations, manholes, concrete structures such as box culverts, storm drains, performance of bypass operations and providing traffic control in accordance with current Occupational Safety and Health Administration (OSHA) and Manual on Uniform Traffic Control Devices (MUTCD) requirements within City right-of-ways.
Discussion:
Staff conducted a competitive proposal solicitation using formal proposal procedures in accordance with Victorville Municipal Code Section 2.28.280. On March 10, 2023, the Notice of Inviting Proposals was emailed to potential bidders, posted on the City’s website and on Ebidboard. Six proposals were submitted on April 13, 2023, by the following contractors: Kelley’s Underground Construction Inc., Christensen Brothers General Engineering, Inc., DDH Apple Valley Construction Inc., Gentry General Engineering Inc., High Desert Underground, and Kirtley Construction, Inc dba TK Construction.
Each proposal submission was reviewed by a selection committee consisting of three representatives from the District. Based on the committee scoring selection criteria, Kelley’s Underground Construction Inc., High Desert Underground and DDH Apple Valley Construction Inc. were determined to be the most qualified contractors to perform the work. The selection of the contractor to perform the work would be based on several factors such as their ability to respond quickly, experience with similar types of work, rates and equipment, and the qualifications of their staff. The maximum score allowed for all categories combined was 100 points. The following provides a summary of the rankings based on the scoring using the criteria outlined in the RFP. 3 1
5 9
DDH Kelley’s HDU Kirtley Gentry Christensen
Evaluator
#1 Rating 83 87 91 74 20 63
Evaluator
#2 Rating 77 74 89 85 37 63
Evaluator
#3 Rating 84 84 93 83 41 73
Average 81 82 91 81 33 66
Overall
Ranking 3 2 1 4 6 5
The District and Public Works each wish to award separate contracts with each contractor. The District will award three (3) contracts for a not to exceed amount of $100,000 per contractor for a total of $300,000 and Public Works will award three (3) contracts for a not to exceed amount of $60,000 per contractor for a total of $180,000.
The combined amount between both the District and Public Works will not exceed $480,000.
The proposed contracts presented herein have been evaluated in accordance with the City of Victorville Municipal Code Section 2.28.100 & Section 2.28.040, to determine the “best value bidder” for the project. For this reason, staff is recommending that the Board and the City Council award two (2) construction agreements each to Kelley’s Underground Construction Inc., High Desert Underground and DDH Apple Valley Construction Inc., for the Qualified Emergency Water Contractor, Project CC23-082 in a combined, not to exceed amount of $480,000.
Staff remains available for any questions the Board may have.
Attachments: A. Victorville Water District's Construction Agreements B. Public Works' Construction Agreements
C. Proposals Received
D. Municipal Code Section 2.28.100
E. Municipal Code Section 2.28.040
Attachment A
Victorville Water District's
Construction Agreements
1 Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-5
CONSTRUCTION AGREEMENT
BY AND BETWEEN
VICTORVILLE WATER DISTRICT
AND
KELLEY’S UNDERGROUND CONSTRUCTION, INC.
FOR
QUALIFIED EMERGENCY WATER CONTRACTOR,
PROJECT CC23-082-5
THIS CONSTRUCTION AGREEMENT (the “Agreement ”) dated this __________________ day of ______________, 20___, for reference purpose only , is made and entered into by and between the VICTORVILLE WATER DISTRICT, a County water district and subsidiary district of the City of Victorville, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California hereinafter referred to as the “District”, and Kelley’s Underground Construction, Inc., a California corporation, hereinafter referred to as the “Contractor”. The District and the Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”
RECITALS:
WHEREAS the District requires Qualified Emergency Water Contractor, Project CC23-082-5 (the “Project”); and
WHEREAS, in light of the facts set forth above, the District desires to retain Contractor in connection with Qualified Emergency Water Contractor; and
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth herein.
Section 2. TERM OF AGREEMENT
This Agreement shall commence July 1, 2023 (the “Commencement Date”) and shall terminate upon June 30, 2024, (the “Termination Date”), unless sooner terminated in accordance with the provisions of this Agreement (the “Term”). From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month- to-month basis until terminated pursuant to Section 3 below.
This Agreement may be extended for Four (4) additional one-year period (hereinafter “Option Period”), at the option of District, subject to satisfactory performance as determined by the District.
District shall give Contractor sixty (60) days advance written notice prior to the expiration the initial Term and sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the District decide to exercise its option(s) to extend. In the event District does not give Contractor such written notice of its option to extend, this 2 Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-5
Agreement shall terminate at the end of the then -current Term or Option Period without further notice from either Party, unless terminated earlier pursuant to the provisions of Section 3 below.
Should the District fail to give Contractor the sixty (60) days written notice of its intention to exercise any Option Period, the District may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Contractor.
Section 3. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of s uch termination or suspension. In the event of such termination, the District shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the District shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.
Section 4. CONTRACT DOCUMENTS; PRIORITY
a. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference .
Said Contact Documents are intended to be correlative and const itute Contractor’s performance obligations:
1. This Agreement.
2. Exhibits A & B.
3. Special Provisions.
4. Faithful Performance & Payment Bonds (as applicable).
5. Non-Collusion Declaration.
b. Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of precedence (from highest to lowest), as set forth in Subsection 4.a above shall control.
Section 5. CONTRACTOR’S OBLIGATIONS
Contractor shall complete the Project as specifically set forth in the Contract Documents.
Contractor shall furnish, at its own cost and expense, all labor, services, material, tools, equipment, supplies, transportation, and any other items and facilities necessary therefore, as provided in the Contract Documents.
Section 6. COMPENSATION
The Contractor agrees to receive and accept the following amount , not to exceed One Hundred Thousand and 00/100 Dollars ($100,000.00), as full compensation for furnishing; all materials, doing all the work contemplated and embraced in this contract, all loss or damage arising out of the nature of the work aforesaid, the action of the elements, any unforeseen 3 Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-5
difficulties or obstructions which may arise or be encountered in the execution of the work until its acceptance by the District, and for all risks of every description connected with the work, all expenses incurred by or in consequence of the suspension or discontinuance of work well and faithfully completing the whole work, thereof, according to the requirements of the Contract Documents and to the satisfaction of DOUG MATHEWS, DIRECTOR, PUBLIC WORKS AND WATER, or his designee, to wit: See Exhibit “A”, Scope of Work.
Section 7. BID PROPOSAL FORMS
The District shall pay Contractor as provided in the Bid Proposal Forms, attached hereto as Exhibit “B”, and incorporated her ein by this reference as though set forth in full, subject to approval of the District, when applicable.
Section 8. PREVAILING WAGES
a. In accordance with the provisions of the California Labor Code (1720,1770-1776, 1810, 1813 and 1815) , the State Director of Industrial Relations has determined the general prevailing rates of per diem wages in the locality where the Project is to be done. Copies of the updated Wage Determination rates are available from the State of California via the internet at www.dir.ca.gov
. Additionally, copies of the prevailing rate of per diem wages are on file at the City of Victorville Finance Division and shall be made available for review to any interested party on request. Notwithstanding anything in the Contract Documents to the contrary, Contractor and all subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the work contemplated by this Contract.
b. AB219 (as applicable) adds Section 1720.9 to the Labor Code, the hauling and delivery of ready-mixed concrete to carry out a public works contract, with respect to contracts involving state agency or any political subdivision of the state. Section 1720.9 defines the term “ready-mixed” concrete and specifies that the rate of pay shall be the current prevailing wage “for the geographical area in which the factory or batching plant is located” as determined by the DIR. The statute also requires a written agreement between the party hauling or delivering the ready-mixed concrete and the party that engaged its services. Nothing in Section 1720.9 shall cause any company to be treated as a contractor or subcontractor for any purpose other than the application of this chapter of the Labor Code.
c. The delivery company shall provide certified payroll records under Labor Code section 1776(a) to the party that engaged its services and to the general contractor within five working days after the employee has been paid, accompanied by a written time record within five working days after the employee has been paid, accompanied by a written time record. The time record must be certified by each driver for the performance of job duties.
d. Contractor shall be responsible for using the correct and current prevailing wage rates. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct State prevailing wage and compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at work site, employment of apprentices, and other requirements of California Labor Code Section 1720, et seq.; California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its subcontractors.
4 Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-5
NOTE: Copies of the Certified Payrolls, Proof of Payroll submissions and appropriate Lien Releases are required with each invoice to the City. Payment of the invoice may be delayed when Payroll related documents and/or lien releases are not included with the invoice. An error on the part on any awarding body does not relieve the Contractor from responsibility for payment of the prevailing wage of per diem wages and penalties pursuant to Labor Code (1770 - 1776).
Section 9. W ORKERS’ COMPENSATION INSURANCE
Contractor shall procure and maintain, at its own expense, during the Term of this Agreement, workers’ compensation insurance, providing coverage as required by the California State Workers’ Compensation Law. If any class of employees employed by Contract or is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the District.
In conformance with current statutory requirements of Section 1860 et seq., of the Labor Code of the State of California, the undersigned confirms the following as their certification:
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.
Section 10. NOTICE TO PROCEED
No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the District .
Contractor shall commence work pursuant to the Contract Documents as directed by the District in the Notice to Proceed, and to diligently execute the same to completion within the time limits set forth in the Contract Documents.
Section 11. COMPLIANCE WITH LAWS
Contractor shall comply with all local, state, and federal laws and regulations applicable to the performance of the work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses shall be held or obtained by the Contractor at its sole expense.
Section 12. COMMERCIAL GENERAL, AUTOMOBILE AND POLLUTION
LIABILITY INSURANCE
Contractor shall procure and maintain at its own expense, during the term of this Agreement, com mercial general liability insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers, and agents and independent contractors.
Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, commercial vehicle liability insurance covering personal injury and property 5 Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-5
damage, of not less than One Million Dollars ($1,000,000) Combined Single Limit, covering any vehicle(s) utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the services required by this Agreement.
If the project entails the handing or use of hazardous material, Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, pollution liability insurance of not less than One Million Dollars ($1,000,000).
Section 13. RESERVED
Section 14. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the District, the City of Victorville and their officers, employees, servants, volunteers, and agents and independent contractors, including, without limitation, the District’s Attorney, are named as Additional Insureds.
Section 15. WAIVER OF SUBROGATION RIGHTS
Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the District , the City of Victorville and their officers, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
Section 16. PROOF OF INSURANCE COVERAGE; REQUIRED PRIOR TO
COMMENCEMENT OF SERVICES
a. Contractor shall secure from a good and responsible company or companies authorized to do insurance business in the State of California the policies of insurance required by this Agreement and furnish to the District Secretary certificates of said insurance at least one (1) day prior to the commencement of any services to be performed under this Agreement.
b. The certificates of insurance shall bear an endorsement whereby it is provided that, in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the District shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of non -payment, ten (10) days’ advance written notice shall be given.
c. The certificates of insurance shall bear an endorsement whereby it is provided that the respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to the District of such termination or expiration.
d. The certificates of insurance shall indicate that the respective insurance policy will be maintained throughout the Term of this Agreement.
e. The Commercial General Liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this Contract, Contractor’s service coverage shall be primary with respect to the District . Any insurance maintained by the District shall be in excess of Contractor’s insurance and shall not contribute to it. 6 Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-5
Section 17. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 18. INDEMNIFICATION
Notwithstanding the limits of any insurance, Contractor shall indemnify the District , its officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the District its officials, officers, agents, volunteers or employees, and in connection therewith:
a. Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
b. Contractor will promptly pay any judgment rendered against the District , its officials, officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the District , its officials, volunteers, officers, agents, and employees harmless there from;
c. In the event the District , its officials, officers, agents, volunteers or employees is made a Party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the District , its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the District , its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to District;
d. Contractor's duty to defend and indemnify as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time;
7 Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-5
The Contractor's indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.
Section 19. REPORTS
Upon request by DOUG MATHEWS, DIRECTOR, PUBLIC WORKS AND WATER, or his designee, Contractor shall prepare and submit reports concerning Contractor's performance of the work required by this Agreement.
Section 20. RECORDS
a. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable DOUG MATHEWS, DIRECTOR, PUBLIC WORKS AND WATER, or his designee, to evaluate the cost and the performance of such services.
b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
c. DOUG MATHEWS, DIRECTOR, PUBLIC WORKS AND WATER, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Contractor and made available to DOUG MATHEWS, DIRECTOR, PUBLIC WORKS AND WATER , or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.
Section 21. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both Parties.
Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the District and Contractor with respect to the subject matter of this Agreement.
b. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement and the Contract Documents.
c. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.
8 Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-5
Section 23. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted agains t either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Notwithstanding the foregoing, the Parties agree that Exhibit “B” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Construction Agreement and Exhibit “ B”, the terms of this Construction Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Construction Agreement.
Section 24. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To the District: Doug Mathews, Director,
Public Works and Water
14343 Civic Drive
Victorville, CA 92392
To Contractor: Jennifer Kelley, President
Kelley’s Underground Construction, Inc.
13355 Osage Court
Apple Valley, CA 92308
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 25. NON-LIABILITY OF DISTRICT OFFICERS AND EMPLOYEES
No officer or employee of the District shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the District or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
Section 26. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Agreement and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Agreement based on such consultation.
9 Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-5
Section 27. CARE OF WORK
C ontractor must adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by the District, except those losses or damages as may be caused by the District’s own negligence. The performance of the work by Contractor or the payment of money by the District shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the District, when such inaccuracies are due to the negligence of Contractor
Section 28. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 29. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties . This Contract may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the District, which may be withheld in the District ’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract.
Section 30. GENDER; PLURAL
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 31. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 32. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 33. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the 10 Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-5 same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 34. VENUE
A
ll proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 35. ATTORNEY'S FEES
S
hould any litigation, specifically including but not limited to, arbitration and other non- judicial resolution of disputes be commenced between the Parties to this agreement concerning this agreement or the rights and duties of either i n relation thereto, the Parties prevailing in such litigation or other proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney fees in such litigation where the proceeding which, if not agreed upon by the Parties, shall be determined by the court or other entity in which such litigation or other proceeding is brought.
Section 36. EFFECTIVENESS OF AGREEMENT
Thi
s Agreement shall not be binding upon the District, until signed by the authorized representative(s) of Consultant, approved by the District ’s Risk Manager, and executed by the authorized District personnel or Mayor.
Section 37. REPRESENTATIONS OF PARTIES AND PERSONS
EXEC UTING AGREEMENT
a. E
ach of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The
persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 38. COUNTERPARTS
Thi
s Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement. (
END OF THIS PAGE)
11 Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-5 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
V
ICTORVILLE WATER DISTRICT KELLEY’S UNDERGROUND
CONSTRUCTION, INC.
B
y:________________________________ By:__________________________________ D ebra Jones, Jennifer Kelley,
District Chairman President
Dated:______________________________ Dated:______________________________ A
TTEST
B
y:_________________________________
Jennifer Thompson,
District Secretary
D
ated:_______________________________
VICTORVILLE WATER DISTRICT APPROVED AS TO STANDARD FORM B
y:_________________________________ By:________________________________ Sandra Bostick, Andre de Bortnowsky,
District R isk Manager District Legal Counsel
D
ated:______________________________ Dated:______________________________ 12 Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-5
EXHIBIT A
SC
OPE OF WORK
T
he District agrees to engage Contractor and Contractor agrees to furnish all necessary labor, tools, materials, and equipment for and do the Work for the Project. The Work shall be performed in accordance with: (i) Specifications as generally described in the Request for Proposal, Project Number CC23-082 for the Project, portions of which are attached hereto for ease of reference as Exhibit "A", and the entirety of which is currently on file in office of the District Secretary); and (ii) the prices set forth in Contractor’s Bid Proposal (attached as Exhibit "B”).
S
ee Attachment
VICTORVILLE WATER DISTRICT
RFP# CC23-082
QUALIFIED EMERGENCY WATER CONTRACTOR
SECTI
ON III – SCOPE OF WORK
As the need
arises, the Contractor shall perform, coordinate, and manage its services to ensure the completion of tasks as deemed necessary. The Contractor shall manage the construction to proficiently monitor and control the project costs, quality, and schedule.
The type of
work required by the Victorville Water District includes repairs of water infrastructure necessary involved with water conveyance. The contractors will be expected to repair many types of water facilities, including but not limited to valves, water mains and services lines. The size of valves, mainline, and service lines varies from 3/4 inch to 30 inches in diameter.
The Sanit
ary/Sewer and Storm Drain divisions of the Public Works Department would require work consisting of the excavation, removal, and replacement of damaged and/or failed pipes, which may range in sizes from 4-inch to 27-inch in diameter. Additional type of infrastructure repairs may include repairs to lift/pum p stations, manholes, concrete structures such as box culverts, performance of bypass operations and providing traffic control in accordance with current Occupational Safety and Health Administration (OSHA) and Manual on Uniform Traffic Control Devices (MTUCD) requirements within the District right of ways.
The Distric
t will have three companies on contract. For each event, the contractor that can most readily address the emergency will be expected to perform, coordinate and manage its services to ensure the completion of tasks as deemed necessary.
The contrac
tor shall perform the tasks in cooperation with selected officials within the Victorville Water District, Public Works Department and Engineering Department, and will be paid on a time and material basis.
PROJECT PERSONNEL
Project personnel shall be a mix of District staff and the Contractor’s staff. The Contractor shall propose a sufficient qualified staffing level to ensure that the construction or repair is performed in accordance with the specifications. Since the contractor will get paid by the hour for staff, mater ials and equipment, the contractor shall endeavor to keep the minimum to adequately perform the work.
Billing the District for staff or equipment that was not required to perform the work may result in disqualification for future projects.
The Distric
t will supply any surveying services required for the project. If material’s testing is required, the District will provide those services via consultant.
EXHIBIT A
13/Construction Agreement/Kelley's Underground Construction, Inc./Project CC23-082-5 14 Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-5
EXHIBIT B
C
OST PROPOSAL FORMS
S
ee Attachment
EXHIBIT B
15/Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-5
EXHIBIT B
16/Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-5
EXHIBIT B
17/Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-5
EXHIBIT B
18/Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-5
EXHIBIT B
19/Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-5
EXHIBIT B
20/Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-5
1 Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-3
CONSTRUCTION AGREEMENT
BY AND BETWEEN
VICTORVILLE WATER DISTRICT
AND
DDH APPLE VALLEY CONSTRUCTION, INC.
FOR
QUALIFIED EMERGENCY WATER CONTRACTOR,
PROJECT CC23-082-3
THIS CONSTRUCTION AGREEMENT (the “Agreement ”) dated this __________________ day of ______________, 20___, for reference purpose only , is made and entered into by and between the VICTORVILLE WATER DISTRICT, a County water district and subsidiary district of the City of Victorville, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California hereinafter referred to as the “District”, and DDH Apple Valley Construction, Inc. , a California corporation, hereinafter referred to as the “Contractor”. The District and the Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”
RECITALS:
WHEREAS the District requires Qualified Emergency Water Contractor, Project CC23-082-3 (the “Project”); and
WHEREAS, in light of the facts set forth above, the District desires to retain Contractor in connection with Qualified Emergency Water Contractor; and
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth herein.
Section 2. TERM OF AGREEMENT
This Agreement shall commence July 1, 2023 (the “Commencement Date”) and shall terminate upon June 30, 2024, (the “Termination Date”), unless sooner terminated in accordance with the provisions of this Agreement (the “Term”). From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month- to-month basis until terminated pursuant to Section 3 below.
This Agreement may be extended for Four (4) additional one-year period (hereinafter “Option Period”), at the option of District, subject to satisfactory performance as determined by the District.
District shall give Contractor sixty (60) days advance written notice prior to the expiration the initial Term and sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the District decide to exercise its option(s) to extend. In the event District does not give Contractor such written notice of its option to extend, this 2 Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-3
Agreement shall terminate at the end of the then -current Term or Option Period without further notice from either Party, unless terminated earlier pursuant to the provisions of Section 3 below.
Should the District fail to give Contractor the sixty (60) days written notice of its intention to exercise any Option Period, the District may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Contractor.
Section 3. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of s uch termination or suspension. In the event of such termination, the District shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the District shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.
Section 4. CONTRACT DOCUMENTS; PRIORITY
a. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference .
Said Contact Documents are intended to be correlative and const itute Contractor’s performance obligations:
1. This Agreement.
2. Exhibits A & B.
3. Special Provisions.
4. Faithful Performance & Payment Bonds (as applicable).
5. Non-Collusion Declaration.
b. Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of precedence (from highest to lowest), as set forth in Subsection 4.a above shall control.
Section 5. CONTRACTOR’S OBLIGATIONS
Contractor shall complete the Project as specifically set forth in the Contract Documents.
Contractor shall furnish, at its own cost and expense, all labor, services, material, tools, equipment, supplies, transportation, and any other items and facilities necessary therefore, as provided in the Contract Documents.
Section 6. COMPENSATION
The Contractor agrees to receive and accept the following amount , not to exceed One Hundred Thousand and 00/100 Dollars ($100,000.00), as full compensation for furnishing; all materials, doing all the work contemplated and embraced in this contract, all loss or damage arising out of the nature of the work aforesaid, the action of the elements, any unforeseen 3 Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-3
difficulties or obstructions which may arise or be encountered in the execution of the work until its acceptance by the District, and for all risks of every description connected with the work, all expenses incurred by or in consequence of the suspension or discontinuance of work well and faithfully completing the whole work, thereof, according to the requirements of the Contract Documents and to the satisfaction of DOUG MATHEWS, DIRECTOR, PUBLIC WORKS AND WATER, or his designee, to wit: See Exhibit “A”, Scope of Work.
Section 7. BID PROPOSAL FORMS
The District shall pay Contractor as provided in the Bid Proposal Forms, attached hereto as Exhibit “B”, and incorporated her ein by this reference as though set forth in full, subject to approval of the District, when applicable.
Section 8. PREVAILING WAGES
a. In accordance with the provisions of the California Labor Code (1720,1770-1776, 1810, 1813 and 1815) , the State Director of Industrial Relations has determined the general prevailing rates of per diem wages in the locality where the Project is to be done. Copies of the updated Wage Determination rates are available from the State of California via the internet at www.dir.ca.gov
. Additionally, copies of the prevailing rate of per diem wages are on file at the City of Victorville Finance Division and shall be made available for review to any interested party on request. Notwithstanding anything in the Contract Documents to the contrary, Contractor and all subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the work contemplated by this Contract.
b. AB219 (as applicable) adds Section 1720.9 to the Labor Code, the hauling and delivery of ready-mixed concrete to carry out a public works contract, with respect to contracts involving state agency or any political subdivision of the state. Section 1720.9 defines the term “ready-mixed” concrete and specifies that the rate of pay shall be the current prevailing wage “for the geographical area in which the factory or batching plant is located” as determined by the DIR. The statute also requires a written agreement between the party hauling or delivering the ready-mixed concrete and the party that engaged its services. Nothing in Section 1720.9 shall cause any company to be treated as a contractor or subcontractor for any purpose other than the application of this chapter of the Labor Code.
c. The delivery company shall provide certified payroll records under Labor Code section 1776(a) to the party that engaged its services and to the general contractor within five working days after the employee has been paid, accompanied by a written time record within five working days after the employee has been paid, accompanied by a written time record. The time record must be certified by each driver for the performance of job duties.
d. Contractor shall be responsible for using the correct and current prevailing wage rates. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct State prevailing wage and compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at work site, employment of apprentices, and other requirements of California Labor Code Section 1720, et seq.; California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its subcontractors.
4 Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-3
NOTE: Copies of the Certified Payrolls, Proof of Payroll submissions and appropriate Lien Releases are required with each invoice to the City. Payment of the invoice may be delayed when Payroll related documents and/or lien releases are not included with the invoice. An error on the part on any awarding body does not relieve the Contractor from responsibility for payment of the prevailing wage of per diem wages and penalties pursuant to Labor Code (1770 - 1776).
Section 9. W ORKERS’ COMPENSATION INSURANCE
Contractor shall procure and maintain, at its own expense, during the Term of this Agreement, workers’ compensation insurance, providing coverage as required by the California State Workers’ Compensation Law. If any class of employees employed by Contract or is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the District.
In conformance with current statutory requirements of Section 1860 et seq., of the Labor Code of the State of California, the undersigned confirms the following as their certification:
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.
Section 10. NOTICE TO PROCEED
No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the District .
Contractor shall commence work pursuant to the Contract Documents as directed by the District in the Notice to Proceed, and to diligently execute the same to completion within the time limits set forth in the Contract Documents.
Section 11. COMPLIANCE WITH LAWS
Contractor shall comply with all local, state, and federal laws and regulations applicable to the performance of the work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses shall be held or obtained by the Contractor at its sole expense.
Section 12. COMMERCIAL GENERAL, AUTOMOBILE AND POLLUTION
LIABILITY INSURANCE
Contractor shall procure and maintain at its own expense, during the term of this Agreement, com mercial general liability insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers, and agents and independent contractors.
Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, commercial vehicle liability insurance covering personal injury and property 5 Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-3
damage, of not less than One Million Dollars ($1,000,000) Combined Single Limit, covering any vehicle(s) utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the services required by this Agreement.
If the project entails the handing or use of hazardous material, Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, pollution liability insurance of not less than One Million Dollars ($1,000,000).
Section 13. RESERVED
Section 14. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the District, the City of Victorville and their officers, employees, servants, volunteers, and agents and independent contractors, including, without limitation, the District’s Attorney, are named as Additional Insureds.
Section 15. WAIVER OF SUBROGATION RIGHTS
Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the District , the City of Victorville and their officers, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
Section 16. PROOF OF INSURANCE COVERAGE; REQUIRED PRIOR TO
COMMENCEMENT OF SERVICES
a. Contractor shall secure from a good and responsible company or companies authorized to do insurance business in the State of California the policies of insurance required by this Agreement and furnish to the District Secretary certificates of said insurance at least one (1) day prior to the commencement of any services to be performed under this Agreement.
b. The certificates of insurance shall bear an endorsement whereby it is provided that, in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the District shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of non -payment, ten (10) days’ advance written notice shall be given.
c. The certificates of insurance shall bear an endorsement whereby it is provided that the respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to the District of such termination or expiration.
d. The certificates of insurance shall indicate that the respective insurance policy will be maintained throughout the Term of this Agreement.
e. The Commercial General Liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this Contract, Contractor’s service coverage shall be primary with respect to the District . Any insurance maintained by the District shall be in excess of Contractor’s insurance and shall not contribute to it. 6 Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-3
Section 17. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 18. INDEMNIFICATION
Notwithstanding the limits of any insurance, Contractor shall indemnify the District , its officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the District its officials, officers, agents, volunteers or employees, and in connection therewith:
a. Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
b. Contractor will promptly pay any judgment rendered against the District , its officials, officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the District , its officials, volunteers, officers, agents, and employees harmless there from;
c. In the event the District , its officials, officers, agents, volunteers or employees is made a Party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the District , its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the District , its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to District;
d. Contractor's duty to defend and indemnify as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time;
7 Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-3
The Contractor's indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.
Section 19. REPORTS
Upon request by DOUG MATHEWS, DIRECTOR, PUBLIC WORKS AND WATER, or his designee, Contractor shall prepare and submit reports concerning Contractor's performance of the work required by this Agreement.
Section 20. RECORDS
a. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable DOUG MATHEWS, DIRECTOR, PUBLIC WORKS AND WATER, or his designee, to evaluate the cost and the performance of such services.
b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
c. DOUG MATHEWS, DIRECTOR, PUBLIC WORKS AND WATER, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Contractor and made available to DOUG MATHEWS, DIRECTOR, PUBLIC WORKS AND WATER , or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.
Section 21. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both Parties.
Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the District and Contractor with respect to the subject matter of this Agreement.
b. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement and the Contract Documents.
c. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.
8 Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-3
Section 23. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted agains t either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Notwithstanding the foregoing, the Parties agree that Exhibit “B” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Construction Agreement and Exhibit “ B”, the terms of this Construction Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Construction Agreement.
Section 24. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To the District: Doug Mathews, Director,
Public Works and Water
14343 Civic Drive
Victorville, CA 92392
To Contractor: Douglas Gregory Hamilton, President
DDH Apple Valley Construction, Inc.
9312 Deep Creek Road
Apple Valley, CA 92308
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 25. NON-LIABILITY OF DISTRICT OFFICERS AND EMPLOYEES
No officer or employee of the District shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the District or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
Section 26. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Agreement and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Agreement based on such consultation.
9 Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-3
Section 27. CARE OF WORK
C ontractor must adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by the District, except those losses or damages as may be caused by the District’s own negligence. The performance of the work by Contractor or the payment of money by the District shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the District, when such inaccuracies are due to the negligence of Contractor
Section 28. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 29. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. This Contract may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the District, which may be withheld in the District ’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract.
Section 30. GENDER; PLURAL
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 31. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 32. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 33. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the 10 Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-3
same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 34. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 35. ATTORNEY'S FEES
Should any litigation, specifically including but not limited to, arbitration and other non- judicial resolution of disputes be commenced between the Parties to this agreement concerning this agreement or the rights and duties of either i n relation thereto, the Parties prevailing in such litigation or other proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney fees in such litigation where the proceeding which, if not agreed upon by the Parties, shall be determined by the court or other entity in which such litigation or other proceeding is brought.
Section 36. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the District, until signed by the authorized representative(s) of Consultant, approved by the District ’s Risk Manager, and executed by the authorized District personnel or Mayor.
Section 37. REPRESENTATIONS OF PARTIES AND PERSONS
EXECUTING AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 38. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.
(END OF THIS PAGE)
11 Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-3
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
VICTORVILLE WATER DISTRICT DDH APPLE VALLEY CONSTRUCTION, INC.
By:________________________________ By:__________________________________ Debra Jones, Douglas Gregory Hamilton,
District Chairman President
Dated:______________________________ Dated:______________________________
ATTEST
By:_________________________________
Jennifer Thompson,
District Secretary
Dated:_______________________________
VICTORVILLE WATER DISTRICT APPROVED AS TO STANDARD FORM
By:_________________________________ By:________________________________ Sandra Bostick, Andre de Bortnowsky,
District Risk Manager District Legal Counsel
Dated:______________________________ Dated:______________________________
12 Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-3
EXHIBIT A
SCOPE OF WORK
The District agrees to engage Contractor and Contractor agrees to furnish all necessary labor, tools, materials, and equipment for and do the Work for the Project. The Work shall be performed in accordance with: (i) Specifications as generally described in the Request for Proposal, Project Number CC23-082 for the Project, portions of which are attached hereto for ease of reference as Exhibit "A", and the entirety of which is currently on file in office of the District Secretary); and (ii) the prices set forth in Contractor’s Bid Proposal (attached as Exhibit "B”).
See Attachment
VICTORVILLE WATER DISTRICT
RFP# CC23-082
QUALIFIED EMERGENCY WATER CONTRACTOR
SECTI
ON III – SCOPE OF WORK
As the need
arises, the Contractor shall perform, coordinate, and manage its services to ensure the completion of tasks as deemed necessary. The Contractor shall manage the construction to proficiently monitor and control the project costs, quality, and schedule.
The type of
work required by the Victorville Water District includes repairs of water infrastructure necessary involved with water conveyance. The contractors will be expected to repair many types of water facilities, including but not limited to valves, water mains and services lines. The size of valves, mainline, and service lines varies from 3/4 inch to 30 inches in diameter.
The Sanit
ary/Sewer and Storm Drain divisions of the Public Works Department would require work consisting of the excavation, removal, and replacement of damaged and/or failed pipes, which may range in sizes from 4-inch to 27-inch in diameter. Additional type of infrastructure repairs may include repairs to lift/pum p stations, manholes, concrete structures such as box culverts, performance of bypass operations and providing traffic control in accordance with current Occupational Safety and Health Administration (OSHA) and Manual on Uniform Traffic Control Devices (MTUCD) requirements within the District right of ways.
The Distric
t will have three companies on contract. For each event, the contractor that can most readily address the emergency will be expected to perform, coordinate and manage its services to ensure the completion of tasks as deemed necessary.
The contrac
tor shall perform the tasks in cooperation with selected officials within the Victorville Water District, Public Works Department and Engineering Department, and will be paid on a time and material basis.
PROJECT PERSONNEL
Project personnel shall be a mix of District staff and the Contractor’s staff. The Contractor shall propose a sufficient qualified staffing level to ensure that the construction or repair is performed in accordance with the specifications. Since the contractor will get paid by the hour for staff, mater ials and equipment, the contractor shall endeavor to keep the minimum to adequately perform the work.
Billing the District for staff or equipment that was not required to perform the work may result in disqualification for future projects.
The Distric
t will supply any surveying services required for the project. If material’s testing is required, the District will provide those services via consultant.
EXHIBIT A
13/Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-3 14 Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-3
EXHIBIT B
C
OST PROPOSAL FORMS
S
ee Attachment
EXHIBIT B
15/Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-3
EXHIBIT B
16/Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-3
EXHIBIT B
17/Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-3
1 Construction Agreement/High Desert Underground, Inc./Project CC23-082-1
CONSTRUCTION AGREEMENT
BY AND BETWEEN
VICTORVILLE WATER DISTRICT
AND
HIGH DESERT UNDERGROUND, INC.
FOR
QUALIFIED EMERGENCY WATER CONTRACTOR,
PROJECT CC23-082-1
THIS CONSTRUCTION AGREEMENT (the “Agreement ”) dated this __________________ day of ______________, 20___, for reference purpose only , is made and entered into by and between the VICTORVILLE WATER DISTRICT, a County water district and subsidiary district of the City of Victorville, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California hereinafter referred to as the “District”, and High Desert Underground, Inc., a California corporation, hereinafter referred to as the “Contractor”. The District and the Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”
RECITALS:
WHEREAS the District requires Qualified Emergency Water Contractor, Project CC23-082-1 (the “Project”); and
WHEREAS, in light of the facts set forth above, the District desires to retain Contractor in connection with Qualified Emergency Water Contractor; and
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth herein.
Section 2. TERM OF AGREEMENT
This Agreement shall commence July 1, 2023 (the “Commencement Date”) and shall terminate upon June 30, 2024, (the “Termination Date”), unless sooner terminated in accordance with the provisions of this Agreement (the “Term”). From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month- to-month basis until terminated pursuant to Section 3 below.
This Agreement may be extended for Four (4) additional one-year period (hereinafter “Option Period”), at the option of District, subject to satisfactory performance as determined by the District.
District shall give Contractor sixty (60) days advance written notice prior to the expiration the initial Term and sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the District decide to exercise its option(s) to extend. In the event District does not give Contractor such written notice of its option to extend, this 2 Construction Agreement/High Desert Underground, Inc./Project CC23-082-1
Agreement shall terminate at the end of the then -current Term or Option Period without further notice from either Party, unless terminated earlier pursuant to the provisions of Section 3 below.
Should the District fail to give Contractor the sixty (60) days written notice of its intention to exercise any Option Period, the District may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Contractor.
Section 3. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of s uch termination or suspension. In the event of such termination, the District shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the District shall only be liable for paym ent under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.
Section 4. CONTRACT DOCUMENTS; PRIORITY
a. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference .
Said Contact Documents are intended to be correlative and constitute Contractor’s performance obligations:
1. This Agreement.
2. Exhibits A & B.
3. Special Provisions.
4. Faithful Performance & Payment Bonds (as applicable).
5. Non-Collusion Declaration.
b. Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of preceden ce (from highest to lowest), as set forth in Subsection 4.a above shall control.
Section 5. CONTRACTOR’S OBLIGATIONS
Contractor shall complete the Project as specifically set forth in the Contract Documents.
Contractor shall furnish, at its own cost and expense, all labor, services, material, tools, equipment, supplies, transportation, and any other items and facilities necessary therefore, as provided in the Contract Documents.
Section 6. COMPENSATION
The Contractor agrees to receive and accept the following amount , not to exceed One Hundred Thousand and 00/100 Dollars ($100,000.00), as full compensation for furnishing; all materials, doing all the work contemplated and embraced in this contract, all loss or damage arising out of the nature of the work aforesaid, the action of the elements, any unforeseen 3 Construction Agreement/High Desert Underground, Inc./Project CC23-082-1
difficulties or obstructions which may arise or be encountered in the execution of the work until its acceptance by the District, and for all risks of every description connected with the work, all expenses incurred by or in consequence of the suspension or discontinuance of work well and faithfully completing the whole work, thereof, according to the requirements of the Contract Documents and to the satisfaction of DOUG MATHEWS, DIRECTOR, PUBLIC WORKS AND WATER, or his designee, to wit: See Exhibit “A”, Scope of Work.
Section 7. BID PROPOSAL FORMS
The District shall pay Contractor as provided in the Bid Proposal Forms, attached hereto as Exhibit “B”, and incorporated her ein by this reference as though set forth in full, subject to approval of the District, when applicable.
Section 8. PREVAILING WAGES
a. In accordance with the provisions of the California Labor Code (1720,1770-1776, 1810, 1813 and 1815) , the State Director of Industrial Relations has determined the general prevailing rates of per diem wages in the locality where the Project is to be done. Copies of the updated Wage Determination rates are available from the State of California via the internet at www.dir.ca.gov
. Additionally, copies of the prevailing rate of per diem wages are on file at the City of Victorville Finance Division and shall be made available for review to any interested party on request. Notwithstanding anything in the Contract Documents to the contrary, Contractor and all subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the work contemplated by this Contract.
b. AB219 (as applicable) adds Section 1720.9 to the Labor Code, the hauling and delivery of ready-mixed concrete to carry out a public works contract, with respect to contracts involving state agency or any political subdivision of the state. Section 1720.9 defines the term “ready-mixed” concrete and specifies that the rate of pay shall be the current prevailing wage “for the geographical area in which the factory or batching plant is located” as determined by the DIR. The statute also requires a written agreement between the party hauling or delivering the ready-mixed concrete and the party that engaged its services. Nothing in Section 1720.9 shall cause any company to be treated as a contractor or subcontractor for any purpose other than the application of this chapter of the Labor Code.
c. The delivery company shall provide certified payroll records under Labor Code section 1776(a) to the party that engaged its services and to the general contractor within five working days after the employee has been paid, accompanied by a written time record within five working days after the employee has been paid, accompanied by a written time record. The time record must be certified by each driver for the performance of job duties.
d. Contractor shall be responsible for using the correct and current prevailing wage rates. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct State prevailing wage and compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at work site, employment of apprentices, and other requirements of California Labor Code Section 1720, et seq.; California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its subcontractors.
4 Construction Agreement/High Desert Underground, Inc./Project CC23-082-1
NOTE: Copies of the Certified Payrolls, Proof of Payroll submissions and appropriate Lien Releases are required with each invoice to the City. Payment of the invoice may be delayed when Payroll related documents and/or lien releases are not included with the invoice. An error on the part on any awarding body does not relieve the Contractor from responsibility for payment of the prevailing wage of per diem wages and penalties pursuant to Labor Code (1770 - 1776).
Section 9. W ORKERS’ COMPENSATION INSURANCE
Contractor shall procure and maintain, at its own expense, during the Term of this Agreement, workers’ compensation insurance, providing coverage as required by the California State Workers’ Compensation Law. If any class of employees employed by Contractor is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the District.
In conformance with current statutory requirements of Section 1860 et seq., of the Labor Code of the State of California, the undersigned confirms the following as their certification:
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.
Section 10. NOTICE TO PROCEED
No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the District .
Contractor shall commence work pursuant to the Contract Documents as directed by the District in the Notice to Proceed, and to diligently execute the same to completion within the time limits set forth in the Contract Documents.
Section 11. COMPLIANCE WITH LAWS
Contractor shall comply with all local, state, and federal laws and regulations applicable to the performance of the work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses shall be held or obtained by the Contractor at its sole expense.
Section 12. COMMERCIAL GENERAL, AUTOMOBILE AND POLLUTION
LIABILITY INSURANCE
Contractor shall procure and maintain at its own expense, during the term of this Agreement, com mercial general liability insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers, and agents and independent contractors.
Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, commercial vehicle liability insurance covering personal injury and property 5 Construction Agreement/High Desert Underground, Inc./Project CC23-082-1
damage, of not less than One Million Dollars ($1,000,000) Combined Single Limit, covering any vehicle(s) utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the services required by this Agreement.
If the project entails the handing or use of hazardous material, Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, pollution liability insurance of not less than One Million Dollars ($1,000,000).
Section 13. RESERVED
Section 14. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the District, the City of Victorville and their officers, employees, servants, volunteers, and agents and independent contractors, including, without limitation, the District’s Attorney, are named as Additional Insureds.
Section 15. WAIVER OF SUBROGATION RIGHTS
Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the District , the City of Victorville and their officers, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
Section 16. PROOF OF INSURANCE COVERAGE; REQUIRED PRIOR TO
COMMENCEMENT OF SERVICES
a. Contractor shall secure from a good and responsible company or companies authorized to do insurance business in the State of California the policies of insurance required by this Agreement and furnish to the District Secretary certificates of said insurance at least one (1) day prior to the commencement of any services to be performed under this Agreement.
b. The certificates of insurance shall bear an endorsement whereby it is provided that, in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the District shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of non -payment, ten (10) days’ advance written notice shall be given.
c. The certificates of insurance shall bear an endorsement whereby it is provided that the respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to the District of such termination or expiration.
d. The certificates of insurance shall indicate that the respective insurance policy will be maintained throughout the Term of this Agreement.
e. The Commercial General Liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this Contract, Contractor’s service coverage shall be primary with respect to the District . Any insurance maintained by the District shall be in excess of Contractor’s insurance and shall not contribute to it. 6 Construction Agreement/High Desert Underground, Inc./Project CC23-082-1
Section 17. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 18. INDEMNIFICATION
Notwithstanding the limits of any insurance, Contractor shall indemnify the District , its officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the District its officials, officers, agents, volunteers or employees, and in connection therewith:
a. Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
b. Contractor will promptly pay any judgment rendered against the District , its officials, officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the District , its officials, volunteers, officers, agents, and employees harmless there from;
c. In the event the District , its officials, officers, agents, volunteers or employees is made a Party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the District , its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the District , its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to District;
d. Contractor's duty to defend and indemnify as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time;
7 Construction Agreement/High Desert Underground, Inc./Project CC23-082-1
The Contractor's indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.
Section 19. REPORTS
Upon request by DOUG MATHEWS, DIRECTOR, PUBLIC WORKS AND WATER, or his designee, Contractor shall prepare and submit reports concerning Contractor's performance of the work required by this Agreement.
Section 20. RECORDS
a. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable DOUG MATHEWS, DIRECTOR, PUBLIC WORKS AND WATER, or his designee, to evaluate the cost and the performance of such services.
b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
c. DOUG MATHEWS, DIRECTOR, PUBLIC WORKS AND WATER, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Contractor and made available to DOUG MATHEWS, DIRECTOR, PUBLIC WORKS AND WATER , or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.
Section 21. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both Parties.
Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the District and Contractor with respect to the subject matter of this Agreement.
b. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement and the Contract Documents.
c. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.
8 Construction Agreement/High Desert Underground, Inc./Project CC23-082-1
Section 23. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted agains t either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Notwithstanding the foregoing, the Parties agree that Exhibit “B” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Construction Agreement and Exhibit “ B”, the terms of this Construction Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Construction Agreement.
Section 24. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To the District: Doug Mathews, Director,
Public Works and Water
14343 Civic Drive
Victorville, CA 92392
To Contractor: Blane Sandwick, COO
High Desert Underground, Inc.
13355 Osage Court
Apple Valley, CA 92308
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 25. NON-LIABILITY OF DISTRICT OFFICERS AND EMPLOYEES
No officer or employee of the District shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the District or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
Section 26. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Agreement and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Agreement based on such consultation.
9 Construction Agreement/High Desert Underground, Inc./Project CC23-082-1
Section 27. CARE OF WORK
C ontractor must adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by the District, except those losses or damages as may be caused by the District’s own negligence. The performance of the work by Contractor or the payment of money by the District shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to t he District, when such inaccuracies are due to the negligence of Contractor
Section 28. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 29. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. This Contract may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the District, which may be withheld in the District ’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract.
Section 30. GENDER; PLURAL
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 31. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 32. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 33. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the 10 Construction Agreement/High Desert Underground, Inc./Project CC23-082-1
same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 34. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 35. ATTORNEY'S FEES
Should any litigation, specifically including but not limited to, arbitration and other non- judicial resolution of disputes be commenced between the Parties to this agreement concerning this agreement or the rights and duties of either i n relation thereto, the Parties prevailing in such litigation or other proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney fees in such litigation where the proceeding which, if not agreed upon by the Parties, shall be determined by the court or other entity in which such litigation or other proceeding is brought.
Section 36. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the District, until signed by the authorized representative(s) of Consultant, approved by the District ’s Risk Manager, and executed by the authorized District personnel or Mayor.
Section 37. REPRESENTATIONS OF PARTIES AND PERSONS
EXECUTING AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 38. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.
(END OF THIS PAGE)
11 Construction Agreement/High Desert Underground, Inc./Project CC23-082-1
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
VICTORVILLE WATER DISTRICT HIGH DESERT UNDERGROUND, INC.
By:________________________________ By:__________________________________ Debra Jones, Blane Sandwick,
District Chairman COO
Dated:______________________________ Dated:______________________________
ATTEST
By:_________________________________
Jennifer Thompson,
District Secretary
Dated:_______________________________
VICTORVILLE WATER DISTRICT APPROVED AS TO STANDARD FORM
By:_________________________________ By:________________________________ Sandra Bostick, Andre de Bortnowsky,
District Risk Manager District Legal Counsel
Dated:______________________________ Dated:______________________________
12 Construction Agreement/High Desert Underground, Inc./Project CC23-082-1
EXHIBIT A
SCOPE OF WORK
The District agrees to engage Contractor and Contractor agrees to furnish all necessary labor, tools, materials, and equipment for and do the Work for the Project. The Work shall be performed in accordance with: (i) Specifications as generally described in the Request for Proposal, Project Number CC23-082 for the Project, portions of which are attached hereto for ease of reference as Exhibit "A", and the entirety of which is currently on file in office of the District Secretary); and (ii) the prices set forth in Contractor’s Bid Proposal (attached as Exhibit "B”).
See Attachment
VICTORVILLE WATER DISTRICT
RFP# CC23-082
QUALIFIED EMERGENCY WATER CONTRACTOR
S
ECTION III – SCOPE OF WORK
A
s the need arises, the Contractor shall perform, coordinate, and manage its services to ensure the completion of tasks as deemed necessary. The Contractor shall manage the construction to proficiently monitor and control the project costs, quality, and schedule.
The t
ype of work required by the Victorville Water District includes repairs of water infrastructure necessary involved with water conveyance. The contractors will be expected to repair many types of water facilities, including but not limited to valves, water mains and services lines. The size of valves, mainline, and service lines varies from 3/4 inch to 30 inches in diameter.
The
Sanitary/Sewer and Storm Drain divisions of the Public Works Department would require work consisting of the excavation, removal, and replacement of damaged and/or failed pipes, which may range in sizes from 4-inch to 27-inch in diameter. Additional type of infrastructure repairs may include repairs to lift/pum p stations, manholes, concrete structures such as box culverts, performance of bypass operations and providing traffic control in accordance with current Occupational Safety and Health Administration (OSHA) and Manual on Uniform Traffic Control Devices (MTUCD) requirements within the District right of ways.
The Dis
trict will have three companies on contract. For each event, the contractor that can most readily address the emergency will be expected to perform, coordinate and manage its services to ensure the completion of tasks as deemed necessary.
The c
ontractor shall perform the tasks in cooperation with selected officials within the Victorville Water District, Public Works Department and Engineering Department, and will be paid on a time and material basis.
PROJECT PERSONNEL
Project personnel shall be a mix of District staff and the Contractor’s staff. The Contractor shall propose a sufficient qualified staffing level to ensure that the construction or repair is performed in accordance with the specifications. Since the contractor will get paid by the hour for staff, mater ials and equipment, the contractor shall endeavor to keep the minimum to adequately perform the work.
Billing the District for staff or equipment that was not required to perform the work may result in disqualification for future projects.
The Dis
trict will supply any surveying services required for the project. If material’s testing is required, the District will provide those services via consultant.
EXHIBIT A
13/Construction Agreement/High Desert Underground, Inc./Project CC23-082-1 14 Construction Agreement/High Desert Underground, Inc./Project CC23-082-1
EXHIBIT B
C
OST PROPOSAL FORMS
S
ee Attachment
EXHIBIT B
15/Construction Agreement/High Desert Underground, Inc./Project CC23-082-1
EXHIBIT B
16/Construction Agreement/High Desert Underground, Inc./Project CC23-082-1
EXHIBIT B
17/Construction Agreement/High Desert Underground, Inc./Project CC23-082-1
EXHIBIT B
18/Construction Agreement/High Desert Underground, Inc./Project CC23-082-1
EXHIBIT B
19/Construction Agreement/High Desert Underground, Inc./Project CC23-082-1
EXHIBIT B
20/Construction Agreement/High Desert Underground, Inc./Project CC23-082-1 Attachment B
Public Works'
Construction Agreements
1 Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-6
CONSTRUCTION AGREEMENT
BY AND BETWEEN
THE CITY OF VICTORVILLE
AND
KELLEY’S UNDERGROUND CONSTRUCTION, INC.
FOR
QUALIFIED EMERGENCY WATER CONTRACTOR,
PROJECT CC23-082-6
THIS CONSTRUCTION AGREEMENT (the “Agreement”) dated this __________________ day of ______________, 20___, for reference purpose only, is made and entered into by and between the City of Victorville, a municipal corporation located in the County of San Bernardino, State of California, hereinafter referred to as t he “City”, and Kelley’s Underground Construction, Inc., a California corporation, hereinafter referred to as the “Contractor”. The City and the Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”
RECITALS:
WHEREAS, the City requires Qualified Emergency Water Contractor, Project CC23 - 082-6 (the Project); and
WHEREAS, in light of the facts set forth above, the City desires to retain Contractor in connection with Qualified Emergency Water Contractor; and
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth herein.
Section 2. TERM OF AGREEMENT
This Agreement shall commence July 1, 2023 (the “Commencement Date”) and shall terminate June 30, 2024 (the “Termination Date”), unless sooner terminated in accordance with the provisions of this Agreement (the “Term”). From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 3 below.
This Agreement may be extended for Four (4) additional one-year periods (hereinafter “Option Periods”), at the option of City, subject to satisfactory performance as determined by the City. City shall give Contractor sixty (60) days advance written notice prior to the expiration the initial Term a nd sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the City decide to exercise its option(s) to extend. In the event City does not give Contractor such written notice of its option to extend, this Agreement shall terminate at the end of the then -current Term or Option Period without 2 Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-6
further notice from either Party, unless terminated earlier pursuant to the provisions of Section 21 below. Should the City fail to give Contractor the sixty (60) days written notice of its intention to exercise any Option Period, the City may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Contractor.
Section 3. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of s uch termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.
Section 4. CONTRACT DOCUMENTS; PRIORITY
a. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference .
Said Contact Documents are intended to be correlative and constitute Contractor’s performance obligations:
1. This Agreement.
2. Exhibits A & B.
3. Special Provisions.
4. Faithful Performance and Payment Bond (as applicable).
5. Non-Collusion Declaration.
b. Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of preceden ce (from highest to lowest), as set forth in Subsection 4.a above shall control.
Section 5. CONTRACTOR’S OBLIGATIONS
Contractor shall complete the Project as specifically set forth in the Contract Documents.
Contractor shall furnish, at its own cost and expense, all labor, services, material, tools, equipment, supplies, transportation, and any other items and facilities necessary therefore, as provided in the Contract Documents.
Section 6. COMPENSATION
The Contractor agrees to receive and accept the following amount, not to exceed Sixty Thousand and 00/100 Dollars ($60,000.00 ), as full compensation for furnishing; all materials, doing all the work contemplated and embraced in this contract, all loss or damage arising out of the nature of the work aforesaid, the action of the elements, any unforeseen difficulties or obstructions which may arise or be encountered in the execution of the work until its acceptance by the City, 3 Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-6
and for all risks of every description connected with the work, all expenses incurred by or in consequence of the suspension or discontinuance of work well and faithfully completing the whole work, thereof, according to the requirements of the agreement documents and to the satisfaction of Doug Mathews, Director of Public Works & Water , or his designee, to wit: See Exhibit “A”, Scope of Work.
Section 7. COST PROPOSAL FORMS
The City shall pay Contractor as provided in the Cost Proposal Forms, attached hereto as Exhibit “B”, and incorporated herein by this reference as though set forth in full, subject to approval of the City, when applicable.
Section 8. PREVAILING WAGES
a. State Wages - In accordance with the provisions of California Labor Code Sections (1720,1770-1776, 1810, 1813 and 1815, as amended and applicable) , the State Director of Industrial Relations has determined the general prevailing rates of per diem wages in the locality where the Project is to be done. Copies of the updated Wage Determination rates are available from the CITY and the State of California via the internet at www.dir.ca.gov. Additionally, copies of the prevailing rate of per diem wages and federal wage decision rates are on file at the City of Victorville Finance Department and shall be made available for review to any interested party on request.
Notwithstanding anything in the Contract Documents to the contrary, Contractor and all subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the work contemplated by this Contract. Contractor shall be responsible for using the correct and current prevailing wage rates.
b. AB219 (as applicable) adds Section 1720.9 to the Labor Code, the hauling and delivery of ready-mixed concrete to carry out a public works contract, with respect to contracts involving state agency or any political subdivision of the state. Section 1720.9 defines the term “ready-mixed” concrete and specifies that the rate of pay shall be the current prevailing wage “for the geographical area in which the factory or batching plant is located” as determined by the DIR. The statute also requires a written agreement between the party hauling or delivering the ready-mixed concrete and the party that engaged its services. Nothing in Section 1720.9 shall cause any company to be treated as a contractor or subcontractor for any purpose other than the application of this chapter of the Labor Code.
c. The delivery company shall provide certified payroll records under Labor Code section 1776(a) to the party that engaged its services and to the general contractor within five working days after the employee has been paid, accompanied by a written time record within five working days after the employee has been paid, accompanied by a written time record. The time record must be certified by each driver for the performance of job duties.
d. Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct State prevailing wage and compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at work site, employment of apprentices, and other requirements of California Labor Code Section 1720, et seq.; Cali fornia Code of Regulations, Title 8, Section 16000 et seq .; and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its subcontractors. 4 Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-6
NOTE: Copies of the Certified Payrolls, Proof of Payroll submissions and appropriate Lien Releases are required with each invoice to the City. Payment of the invoice may be delayed when Payroll related documents and/or lien releases are not included with the invoice. An error on the part on any awarding body does not relieve the Contractor from responsibility for payment of the prevailing wage of per diem wages and penalties pursuant to Labor Code (1770 - 1776).
Section 9. WORKERS’ COMPENSATION INSURANCE
Contractor shall procure and maintain, at its own expense, during the Term of this Agreement, workers’ compensation insurance, providing coverage as required by the California State Workers’ Compensation Law. If any class of employees employed by Contractor is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City.
In conformance with current statutory requirements of Section 1860 et seq., of the Labor Code of the State of California, the undersigned confirms the following as their certification:
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.
Section 10. NOTICE TO PROCEED
No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City.
Contractor shall commence work pursuant to the Contract Documents as directed by the City in the Notice to Proceed, and to diligently execute the same to completion within the time limits set forth in the Contract Documents.
Section 11. COMPLIANCE WITH LAWS
Contractor shall comply with all local, state, and federal laws and regulations applicable to the performance of the work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses shall be held or obtained by the Contractor at its sole expense.
Section 12. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY
INSURANCE
Contractor shall procure and maintain at its own expense, during the term of this Agreement, com mercial general liability insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers, and agents and independent contractors.
5 Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-6
Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) Combined Single Limit , covering any vehicle(s) utilized by Contractor or its officers, employees, servants, v olunteers, or agents and independent contractors in performing the services required by this Agreement.
Section 13. RESERVED
Section 14. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers, and agents and independent contractors, including, without limitation, the City Attorney, are named as Additional Insureds.
Section 15. WAIVER OF SUBROGATION RIGHTS
Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its officers, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
Section 16. PROOF OF INSURANCE COVERAGE; REQUIRED PRIOR TO
COMMENCEMENT OF SERVICES
a. Contractor shall secure from a good and responsible company or companies authorized to do insurance business in the State of California the policies of insurance required by this Agreement and furnish to the City Clerk certificates of said insurance at least one (1) day prior to the commencement of any services to be performed under this Agreement.
b. The certificates of insurance shall bear an endorsement whereby it is provided that, in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of non -payment, ten (10) days’ advance written notice shall be given.
c. The certificates of insurance shall bear an endorsement whereby it is provided that the respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.
d. The certificates of insurance shall indicate that the respective insurance policy will be maintained throughout the Term of this Agreement.
e. The Commercial General Liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this Contract , Contractor’s service coverage shall be pri mary with respect to the City. Any insurance maintained by the City shall be in excess of Contractor’s insurance and shall not contribute to it.
Section 17. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement. 6 Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-6
Section 18. INDEMNIFICATION
Notwithstanding the limits of any insurance, Contractor shall indemnify the City, its officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the City its officials, officers, agents, volunteers or employees, and in connection therewith:
a. Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
b. Contractor will promptly pay any judgment rendered against the City, its officials, officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officials, volunteers, officers, agents, and employees harmless there from;
c. In the event the City, its officials, officers, agents, volunteers or employees is made a Party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negli gent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the City, its officer s, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City;
d. Contractor's duty to defend and indemnify as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 (" RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time;
The Contractor's indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.
7 Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-6
Section 19. REPORTS
Upon request by Doug Mathews, Director of Public Works & Water , or his designee, Contractor shall prepare and submit reports concerning Contractor's performance of the work required by this Agreement.
Section 20. RECORDS
a. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Doug Mathews, Director of Public Works & Water, or his designee, to evaluate the cost and the performance of such services.
b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. Doug Mathews, Director of Public Works & Water, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
c. Doug Mathews, Director of Public Works & Water, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds pai d to Contractor hereunder shall be retained by Cont ractor and made available to Doug Mathews, Director of Public Works & Water , or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.
Section 21. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both Parties.
Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Agreement.
b. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement and the Contract Documents.
c. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.
Section 23. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree 8 Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-6
that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.
Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Notwithstanding the foregoing, the Parties agree that Exhibit “B” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Construction Agreement and Exhibit “ B” the terms of this Construction Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Construction Agreement.
Section 24. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addr essed to the Parties as follows:
To the City: Doug Mathews,
Director of Public Works & Water,
Public Works Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Contractor: Jennifer Kelley, President
Kelley’s Underground Construction, Inc.
13355 Osage Court
Apple Valley, CA 92308
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 25. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer or employee of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
Section 26. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Agreement an d all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Agreement based on such consultation.
Section 27. CARE OF WORK
Contractor must adopt reasonable methods during the life of the Agreement t o furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, 9 Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-6
studies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by the City, except those losses or damages as may be caused by the City’s own negligence. The performance of the work by Contractor or the payment of money by the City shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor.
Section 28. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 29. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.
Section 30. GENDER; PLURAL
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 31. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 32. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 33. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 34. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this 10 Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-6
Agreement shall be initiated and conducted in the applicable court or f orum in San Bernardino County, California.
Section 35. ATTORNEY'S FEES
Should any litigation, specifically including but not limited to, arbitration and other non - judicial resolution of disputes be commenced between the Parties to this agreement concerning this agreement or the rights and duties of either i n relation thereto, the Parties prevailing in such litigation or other proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney fees in such litigation where the proceeding which, if not agreed upon by the Parties, shall be determined by the court or other entity in which such litigation or other proceeding is brought.
Section 36. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Contractor , approved by the City’s Risk Manager, and executed by the authorized City personnel or Mayor.
Section 37. REPRESENTATIONS OF PARTIES AND PERSONS
EXECUTING AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 38. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.
(END OF THIS PAGE)
11 Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-6
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
THE CITY OF VICTORVILLE KELLEY’S UNDERGROUND
CONSTRUCTION ,INC.
By:_______________________________ By:_________________________________ Debra Jones, Jennifer Kelley,
Mayor President
Dated:______________________________ Dated:______________________________
ATTEST
By:________________________________
Jennifer Thompson,
City Clerk
Dated:_____________________________
THE CITY OF VICTORVILLE APPROVED AS TO STANDARD FORM
By:________________________________ By:________________________________ Sandra Bostick, Andre de Bortnowsky,
Risk Manager City Attorney
Dated:______________________________ Dated:_____________________________
12 Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-6
EXHIBIT A
SCOPE OF WORK
City agrees to engage C ontractor and Contractor agrees to furnish all necessary labor, tools, materials, and equipment for and do the Work for the Project. The Work shall be performed in accordance with: (i) the Plans and Specifications as generally described in the Request for Proposal, Project Number CC23-082, for the Project, portions of which are attached hereto for ease of reference as Exhibit "A", and the entirety of which is currently on file in office of the City Clerk); and (ii) the prices set forth in Contractor’s Cost Proposal (attached as Exhibit "B").
VICTORVILLE WATER DISTRICT
RFP# CC23-082
QUALIFIED EMERGENCY WATER CONTRACTOR
SECT
ION III – SCOPE OF WORK
As t
he need arises, the Contractor shall perform, coordinate, and manage its services to ensure the completion of tasks as deemed necessary. The Contractor shall manage the construction to proficiently monitor and control the project costs, quality, and schedule.
The type o
f work required by the Victorville Water District includes repairs of water infrastructure necessary involved with water conveyance. The contractors will be expected to repair many types of water facilities, including but not limited to valves, water mains and services lines. The size of valves, mainline, and service lines varies from 3/4 inch to 30 inches in diameter.
The Sani
tary/Sewer and Storm Drain divisions of the Public Works Department would require work consisting of the excavation, removal, and replacement of damaged and/or failed pipes, which may range in sizes from 4-inch to 27-inch in diameter. Additional type of infrastructure repairs may include repairs to lift/pum p stations, manholes, concrete structures such as box culverts, performance of bypass operations and providing traffic control in accordance with current Occupational Safety and Health Administration (OSHA) and Manual on Uniform Traffic Control Devices (MTUCD) requirements within the District right of ways.
The Distr
ict will have three companies on contract. For each event, the contractor that can most readily address the emergency will be expected to perform, coordinate and manage its services to ensure the completion of tasks as deemed necessary.
The contr
actor shall perform the tasks in cooperation with selected officials within the Victorville Water District, Public Works Department and Engineering Department, and will be paid on a time and material basis.
PROJECT PERSONNEL
Project personnel shall be a mix of District staff and the Contractor’s staff. The Contractor shall propose a sufficient qualified staffing level to ensure that the construction or repair is performed in accordance with the specifications. Since the contractor will get paid by the hour for staff, mater ials and equipment, the contractor shall endeavor to keep the minimum to adequately perform the work.
Billing the District for staff or equipment that was not required to perform the work may result in disqualification for future projects.
The Distr
ict will supply any surveying services required for the project. If material’s testing is required, the District will provide those services via consultant.
EXHIBIT A
13/Construction Agreement/Kelley's Underground Construction, Inc./Project CC23-082-6 14 Construction Agreement/Kelley’s Underground Construction, Inc./Project CC23-082-6 EXH
IBIT B
C
OST PROPOSAL FORMS
S
ee Attachment
EXHIBIT B
15/Construction Agreement/Kelly’s Underground Construction, Inc./Project CC23-082-6
EXHIBIT B
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EXHIBIT B
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EXHIBIT B
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EXHIBIT B
19/Construction Agreement/Kelly’s Underground Construction, Inc./Project CC23-082-6
EXHIBIT B
20/Construction Agreement/Kelly’s Underground Construction, Inc./Project CC23-082-6 1 Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-4
CONSTRUCTION AGREEMENT
BY AND BETWEEN
THE CITY OF VICTORVILLE
AND
DDH APPLE VALLEY CONSTRUCTION, INC.
FOR
QUALIFIED EMERGENCY WATER CONTRACTOR,
PROJECT CC23-082-4
THIS CONSTRUCTION AGREEMENT (the “Agreement”) dated this __________________ day of ______________, 20___, for reference purpose only, is made and entered into by and between the City of Victorville, a municipal corporation located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, and DDH Apple Valley Construction, Inc., a California corporation, hereinafter referred to as the “Contractor”.
The City and the Contractor are sometimes hereinafter referred to as a “ Party” and collectively referred to as the “Parties.”
RECITALS:
WHEREAS, the City requires Qualified Emergency Water Contractor, Project CC23 - 082-4 (the Project); and
WHEREAS, in light of the facts set forth above, the City desires to retain Contractor in connection with Qualified Emergency Water Contractor; and
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth herein.
Section 2. TERM OF AGREEMENT
This Agreement shall commence July 1, 2023 (the “Commencement Date”) and shall terminate June 30, 2024 (the “Termination Date”), unless sooner terminated in accordance with the provisions of this Agreement (the “Term”). From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 3 below.
This Agreement may be extended for Four (4) additional one-year periods (hereinafter “Option Periods”), at the option of City, subject to satisfactory performance as determined by the City. City shall give Contractor sixty (60) days advance written notice prior to the expiration the initial Term a nd sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the City decide to exercise its option(s) to extend. In the event City does not give Contractor such written notice of its option to extend, this Agreement shall terminate at the end of the then -current Term or Option Period without 2 Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-4
further notice from either Party, unless terminated earlier pursuant to the provisions of Section 21 below. Should the City fail to give Contractor the sixty (60) days written notice of its intention to exercise any Option Period, the City may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Contractor.
Section 3. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of s uch termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.
Section 4. CONTRACT DOCUMENTS; PRIORITY
a. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference .
Said Contact Documents are intended to be correlative and constitute Contractor’s performance obligations:
1. This Agreement.
2. Exhibits A & B.
3. Special Provisions.
4. Faithful Performance and Payment Bond (as applicable).
5. Non-Collusion Declaration.
b. Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of preceden ce (from highest to lowest), as set forth in Subsection 4.a above shall control.
Section 5. CONTRACTOR’S OBLIGATIONS
Contractor shall complete the Project as specifically set forth in the Contract Documents.
Contractor shall furnish, at its own cost and expense, all labor, services, material, tools, equipment, supplies, transportation, and any other items and facilities necessary therefore, as provided in the Contract Documents.
Section 6. COMPENSATION
The Contractor agrees to receive and accept the following amount, not to exceed Sixty Thousand and 00/100 Dollars ($60,000.00 ), as full compensation for furnishing; all materials, doing all the work contemplated and embraced in this contract, all loss or damage arising out of the nature of the work aforesaid, the action of the elements, any unforeseen difficulties or obstructions which may arise or be encountered in the execution of the work until its acceptance by the City, 3 Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-4
and for all risks of every description connected with the work, all expenses incurred by or in consequence of the suspension or discontinuance of work well and faithfully completing the whole work, thereof, according to the requirements of the agreement documents and to the satisfaction of Doug Mathews, Director of Public Works & Water , or his designee, to wit: See Exhibit “A”, Scope of Work.
Section 7. COST PROPOSAL FORMS
The City shall pay Contractor as provided in the Cost Proposal Forms, attached hereto as Exhibit “B”, and incorporated herein by this reference as though set forth in full, subject to approval of the City, when applicable.
Section 8. PREVAILING WAGES
a. State Wages - In accordance with the provisions of California Labor Code Sections (1720,1770-1776, 1810, 1813 and 1815, as amended and applicable) , the State Director of Industrial Relations has determined the general prevailing rates of per diem wages in the locality where the Project is to be done. Copies of the updated Wage Determination rates are available from the CITY and the State of California via the internet at www.dir.ca.gov. Additionally, copies of the prevailing rate of per diem wages and federal wage decision rates are on file at the City of Victorville Finance Department and shall be made available for review to any interested party on request.
Notwithstanding anything in the Contract Documents to the contrary, Contractor and all subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the work contemplated by this Contract. Contractor shall be responsible for using the correct and current prevailing wage rates.
b. AB219 (as applicable) adds Section 1720.9 to the Labor Code, the hauling and delivery of ready-mixed concrete to carry out a public works contract, with respect to contracts involving state agency or any political subdivision of the state. Section 1720.9 defines the term “ready-mixed” concrete and specifies that the rate of pay shall be the current prevailing wage “for the geographical area in which the factory or batching plant is located” as determined by the DIR. The statute also requires a written agreement between the party hauling or delivering the ready-mixed concrete and the party that engaged its services. Nothing in Section 1720.9 shall cause any company to be treated as a contractor or subcontractor for any purpose other than the application of this chapter of the Labor Code.
c. The delivery company shall provide certified payroll records under Labor Code section 1776(a) to the party that engaged its services and to the general contractor within five working days after the employee has been paid, accompanied by a written time record within five working days after the employee has been paid, accompanied by a written time record. The time record must be certified by each driver for the performance of job duties.
d. Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct State prevailing wage and compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at work site, employment of apprentices, and other requirements of California Labor Code Section 1720, et seq.; Cali fornia Code of Regulations, Title 8, Section 16000 et seq .; and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its subcontractors. 4 Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-4
NOTE: Copies of the Certified Payrolls, Proof of Payroll submissions and appropriate Lien Releases are required with each invoice to the City. Payment of the invoice may be delayed when Payroll related documents and/or lien releases are not included with the invoice. An error on the part on any awarding body does not relieve the Contractor from responsibility for payment of the prevailing wage of per diem wages and penalties pursuant to Labor Code (1770 - 1776).
Section 9. WORKERS’ COMPENSATION INSURANCE
Contractor shall procure and maintain, at its own expense, during the Term of this Agreement, workers’ compensation insurance, providing coverage as required by the California State Workers’ Compensation Law. If any class of employees employed by Contractor is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City.
In conformance with current statutory requirements of Section 1860 et seq., of the Labor Code of the State of California, the undersigned confirms the following as their certification:
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.
Section 10. NOTICE TO PROCEED
No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City.
Contractor shall commence work pursuant to the Contract Documents as directed by the City in the Notice to Proceed, and to diligently execute the same to completion within the time limits set forth in the Contract Documents.
Section 11. COMPLIANCE WITH LAWS
Contractor shall comply with all local, state, and federal laws and regulations applicable to the performance of the work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members , agents, independent contractors, and subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses shall be held or obtained by the Contractor at its sole expense.
Section 12. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY
INSURANCE
Contractor shall procure and maintain at its own expense, during the term of this Agreement, com mercial general liability insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers, and agents and independent contractors.
5 Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-4
Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) Combined Si ngle Limit, covering any vehicle(s) utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the services required by this Agreement.
Section 13. RESERVED
Section 14. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers, and agents and independent contractors, including, without limitation, the City Attorney, are named as Additional Insureds.
Section 15. WAIVER OF SUBROGATION RIGHTS
Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its officers, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
Section 16. PROOF OF INSURANCE COVERAGE; REQUIRED PRIOR TO
COMMENCEMENT OF SERVICES
a. Contractor shall secure from a good and responsible company or companies authorized to do insurance business in the State of Calif ornia the policies of insurance required by this Agreement and furnish to the City Clerk certificates of said insurance at least one (1) day prior to the commencement of any services to be performed under this Agreement.
b. The certificates of insurance shall bear an endorsement whereby it is provided that, in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of non -payment, ten (10) days’ advance written notice shall be given.
c. The certificates of insurance shall bear an endorsement whereby it is provided that the respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.
d. The certificates of insurance shall indicate that the respective insurance policy will be maintained throughout the Term of this Agreement.
e. The Commercial General Liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this Contract , Contractor’s service coverage shall be pri mary with respect to the City. Any insurance maintained by the City shall be in excess of Contractor’s insurance and shall not contribute to it.
Section 17. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement. 6 Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-4
Section 18. INDEMNIFICATION
Notwithstanding the limits of any insurance, Contractor shall indemnify the City, its officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the City its officials, officers, agents, volunteers or employees, and in connection therewith:
a. Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
b. Contractor will promptly pay any judgment rendered against the City, its officials, officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officials, volunteers, officers, agents, and employees harmless there from;
c. In the event the City, its officials, officers, agents, volunteers or employees is made a Party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negli gent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the City, its officer s, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City;
d. Contractor's duty to defend and indemnify as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 (" RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time;
The Contractor's indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.
7 Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-4
Section 19. REPORTS
Upon request by Doug Mathews, Director of Public Works & Water , or his designee, Contractor shall prepare and submit reports concerning Contractor's performance of the work required by this Agreement.
Section 20. RECORDS
a. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Doug Mathews, Director of Public Works & Water, or his designee, to evaluate the cost and the performance of such services.
b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. Doug Mathews, Director of Public Works & Water, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
c. Doug Mathews, Director of Public Works & Water, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds pai d to Contractor hereunder shall be retained by Cont ractor and made available to Doug Mathews, Director of Public Works & Water , or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.
Section 21. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both Parties.
Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Agreement.
b. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subjec t matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement and the Contract Documents.
c. No agreement, s tatement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.
Section 23. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree 8 Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-4
that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.
Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Notwithstanding the foregoing, the Parties agree that Exhibit “B” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Construction Agreement and Exhibit “ B” the terms of this Construction Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Construction Agreement.
Section 24. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addr essed to the Parties as follows:
To the City: Doug Mathews,
Director of Public Works & Water,
Public Works Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Contractor: Douglas Gregory Hamilton, President
DDH Apple Valley Construction, Inc.
9312 Deep Creek Road
Apple Valley, CA 92308
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 25. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer or employee of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
Section 26. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Agreement an d all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Agreement based on such consultation.
Section 27. CARE OF WORK
Contractor must adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, 9 Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-4
studies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by the City, except those losses or damages as may be caused by the City’s own negligence. The performance of the work by Contractor or the payment of money by the City shall not rel ieve Contractor from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor.
Section 28. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 29. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.
Section 30. GENDER; PLURAL
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 31. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 32. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 33. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercis e by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 34. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this 10 Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-4
Agreement shall be initiated and conducted in the applicable court or f orum in San Bernardino County, California.
Section 35. ATTORNEY'S FEES
Should any litigation, specifically including but not limited to, arbitration and other non - judicial resolution of disputes be commenced between the Parties to this agreement concerning this agreement or the rights and duties of either i n relation thereto, the Parties prevailing in such litigation or other proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney fees in such litigation where the proceeding which, if not agreed upon by the Parties, shall be determined by the court or other entity in which such litigation or other proceeding is brought.
Section 36. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Contractor , approved by the City’s Risk Manager, and executed by the authorized City personnel or Mayor.
Section 37. REPRESENTATIONS OF PARTIES AND PERSONS
EXECUTING AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 38. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.
(END OF THIS PAGE)
11 Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-4
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
THE CITY OF VICTORVILLE DDH APPLE VALLEY
CONSTRUCTION, INC.
By:_______________________________ By:_________________________________ Debra Jones, Douglas Gregory Hamilton, Mayor President
Dated:______________________________ Dated:______________________________
ATTEST
By:________________________________
Jennifer Thompson,
City Clerk
Dated:_____________________________
THE CITY OF VICTORVILLE APPROVED AS TO STANDARD FORM
By:________________________________ By:________________________________ Sandra Bostick, Andre de Bortnowsky,
Risk Manager City Attorney
Dated:______________________________ Dated:_____________________________
12 Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-4
EXHIBIT A
SCOPE OF WORK
City agrees to engage C ontractor and Contractor agrees to furnish all necessary labor, tools, materials, and equipment for and do the Work for the Project. The Work shall be performed in accordance with: (i) the Plans and Specifications as generally described in the Request for Proposal, Project Number CC23-082, for the Project, portions of which are attached hereto for ease of reference as Exhibit "A", and the entirety of which is currently on file in office of the City Clerk); and (ii) the prices set forth in Contractor’s Cost Proposal (attached as Exhibit "B").
VICTORVILLE WATER DISTRICT
RFP# CC23-082
QUALIFIED EMERGENCY WATER CONTRACTOR
SECTIO
N III – SCOPE OF WORK
As the need ar
ises, the Contractor shall perform, coordinate, and manage its services to ensure the completion of tasks as deemed necessary. The Contractor shall manage the construction to proficiently monitor and control the project costs, quality, and schedule.
The type of w
ork required by the Victorville Water District includes repairs of water infrastructure necessary involved with water conveyance. The contractors will be expected to repair many types of water facilities, including but not limited to valves, water mains and services lines. The size of valves, mainline, and service lines varies from 3/4 inch to 30 inches in diameter.
The Sanita
ry/Sewer and Storm Drain divisions of the Public Works Department would require work consisting of the excavation, removal, and replacement of damaged and/or failed pipes, which may range in sizes from 4-inch to 27-inch in diameter. Additional type of infrastructure repairs may include repairs to lift/pum p stations, manholes, concrete structures such as box culverts, performance of bypass operations and providing traffic control in accordance with current Occupational Safety and Health Administration (OSHA) and Manual on Uniform Traffic Control Devices (MTUCD) requirements within the District right of ways.
The District w
ill have three companies on contract. For each event, the contractor that can most readily address the emergency will be expected to perform, coordinate and manage its services to ensure the completion of tasks as deemed necessary.
The contract
or shall perform the tasks in cooperation with selected officials within the Victorville Water District, Public Works Department and Engineering Department, and will be paid on a time and material basis.
PROJECT PERSONNEL
Project personnel shall be a mix of District staff and the Contractor’s staff. The Contractor shall propose a sufficient qualified staffing level to ensure that the construction or repair is performed in accordance with the specifications. Since the contractor will get paid by the hour for staff, mater ials and equipment, the contractor shall endeavor to keep the minimum to adequately perform the work.
Billing the District for staff or equipment that was not required to perform the work may result in disqualification for future projects.
The District
will supply any surveying services required for the project. If material’s testing is required, the District will provide those services via consultant.
EXHIBIT A
13/Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-4 14 Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-4 EXH
IBIT B
C
OST PROPOSAL FORMS
S
ee Attachment
EXHIBIT B
15/Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-4
EXHIBIT B
16/Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-4
EXHIBIT B
17/Construction Agreement/DDH Apple Valley Construction, Inc./Project CC23-082-4 1 Construction Agreement/High Desert Underground, Inc./Project CC23-082-2
CONSTRUCTION AGREEMENT
BY AND BETWEEN
THE CITY OF VICTORVILLE
AND
HIGH DESERT UNDERGROUND, INC.
FOR
QUALIFIED EMERGENCY WATER CONTRACTOR,
PROJECT CC23-082-2
THIS CONSTRUCTION AGREEMENT (the “Agreement”) dated this __________________ day of ______________, 20___, for reference purpose only, is made and entered into by and between the City of Victorville, a municipal corporation located in the County of San Bernardino, State of California, hereinafter referred to as t he “City”, and High Desert Underground, Inc., a California corporation, hereinafter referred to as the “Contractor”.
The City and the Contractor are sometimes hereinafter referred to as a “ Party” and collectively referred to as the “Parties.”
RECITALS:
WHEREAS, the City requires Qualified Emergency Water Contractor, Project CC23 - 082-2 (the Project); and
WHEREAS, in light of the facts set forth above, the City desires to retain Contractor in connection with Qualified Emergency Water Contractor; and
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth herein.
Section 2. TERM OF AGREEMENT
This Agreement shall commence July 1, 2023 (the “Commencement Date”) and shall terminate June 30, 2024 (the “Termination Date”), unless sooner terminated in accordance with the provisions of this Agreement (the “Term”). From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 3 below.
This Agreement may be extended for Four (4) additional one-year periods (hereinafter “Option Periods”), at the option of City, subject to satisfactory performance as determined by the City. City shall give Contractor sixty (60) days advance written notice prior to the expiration the initial Term and sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the City decide to exercise its option(s) to extend. In the event City does not give Contractor such written notice of its option to extend, this Agreement shall terminate at the end of the then -current Term or Option Period without 2 Construction Agreement/High Desert Underground, Inc./Project CC23-082-2
further notice from either Party, unless terminated earlier pursuant to the provisions of Section 21 below. Should the City fail to give Contractor the sixty (60) days written notice of its intention to exercise any Option Period, the City may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Contractor.
Section 3. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of s uch termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement fo r satisfactory work rendered or supplies actually furnished prior to the effective date of termination.
Section 4. CONTRACT DOCUMENTS; PRIORITY
a. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference .
Said Contact Documents are intended to be correlative and constitute Contractor’s performance obligations:
1. This Agreement.
2. Exhibits A & B.
3. Special Provisions.
4. Faithful Performance and Payment Bond (as applicable).
5. Non-Collusion Declaration.
b. Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of preceden ce (from highest to lowest), as set forth in Subsection 4.a above shall control.
Section 5. CONTRACTOR’S OBLIGATIONS
Contractor shall complete the Project as specifically set forth in the Contract Documents.
Contractor shall furnish, at its own cost and expense, all labor, services, material, tools, equipment, supplies, transportation, and any other items and facilities necessary therefore, as provided in the Contract Documents.
Section 6. COMPENSATION
The Contractor agrees to receive and accept the following amount, not to exceed Sixty Thousand and 00/100 Dollars ($60,000.00 ), as full compensation for furnishing; all materials, doing all the work contemplated and embraced in this contract, all loss or damage arising out of the nature of the work aforesaid, the action of the elements, any unforeseen difficulties or obstructions which may arise or be encountered in the execution of the work until its acceptance by the City, 3 Construction Agreement/High Desert Underground, Inc./Project CC23-082-2
and for all risks of every description connected with the work, all expenses incurred by or in consequence of the suspension or discontinuance of work well and faithfully completing the whole work, thereof, according to the requirements of the agreement documents and to the satisfaction of Doug Mathews, Director of Public Works & Water , or his designee, to wit: See Exhibit “A”, Scope of Work.
Section 7. COST PROPOSAL FORMS
The City shall pay Contractor as provided in the Cost Proposal Forms, attached hereto as Exhibit “B”, and incorporated herein by this reference as though set forth in full, subject to approval of the City, when applicable.
Section 8. PREVAILING WAGES
a. State Wages - In accordance with the provisions of California Labor Code Sections (1720,1770-1776, 1810, 1813 and 1815, as amended and applicable) , the State Director of Industrial Relations has determined the general prevailing rates of per diem wages in the locality where the Project is to be done. Copies of the updated Wage Determination rates are available from the CITY and the State of California via the internet at www.dir.ca.gov. Additionally, copies of
the prevailing rate of per diem wages and federal wage decision rates are on file at the City of Victorville Finance Department and shall be made available for review to any interested party on request.
Notwithstanding anything in the Contract Documents to the contrary, Contractor and all subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the work contemplated by this Contract. Contractor shall be responsible for using the correct and current prevailing wage rates.
b. AB219 (as applicable) adds Section 1720.9 to the Labor Code, the hauling and delivery of ready-mixed concrete to carry out a public works contract, with respect to contracts involving state agency or any political subdivision of the state. Section 1720.9 defines the term “ready-mixed” concrete and specifies that the rate of pay shall be the current prevailing wage “for the geographical area in which the factory or batching plant is located” as determined by the DIR. The statute also requires a written agreement between the party hauling or delivering the ready-mixed concrete and the party that engaged its services. Nothing in Section 1720.9 shall cause any company to be treated as a contractor or subcontractor for any purpose other than the application of this chapter of the Labor Code.
c. The delivery company shall provide certified payroll records under Labor Code section 1776(a) to the party that engaged its services and to the general contractor within five working days after the employee has been paid, accompanied by a written time record within five working days after the employee has been paid, accompanied by a written time record. The time record must be certified by each driver for the performance of job duties.
d. Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct State prevailing wage and compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at work site, employment of apprentices, and other requirements of California Labor Code Section 1720, et seq.; California Code of Regulations, Title 8, Section 16000 et seq .; and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its subcontractors. 4 Construction Agreement/High Desert Underground, Inc./Project CC23-082-2
NOTE: Copies of the Certified Payrolls, Proof of Payroll submissions and appropriate Lien Releases are required with each invoice to the City. Payment of the invoice may be delayed when Payroll related documents and/or lien releases are not included with the invoice. An error on the part on any awarding body does not relieve the Contractor from responsibility for payment of the prevailing wage of per diem wages and penalties pursuant to Labor Code (1770 - 1776).
Section 9. W ORKERS’ COMPENSATION INSURANCE
Contractor shall procure and maintain, at its own expense, during the Term of this Agreement, workers’ compensation insurance, providing coverage as required by the California State Workers’ Compensation Law. If any class of employees employed by Contractor is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City.
In conformance with current statutory requirements of Section 1860 et seq., of the Labor Code of the State of California, the undersigned confirms the following as their certification:
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.
Section 10. NOTICE TO PROCEED
No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City.
Contractor shall commence work pursuant to the Contract Documents as directed by the City in the Notice to Proceed, and to diligently execute the same to completion within the time limits set forth in the Contract Documents.
Section 11. COMPLIANCE WITH LAWS
Contractor shall comply with all local, state, and federal laws and regulations applicable to the performance of the work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses shall be held or obtained by the Contractor at its sole expense.
Section 12. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY
INSURANCE
Contractor shall procure and maintain at its own expense, during the term of this Agreement, com mercial general liability insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers, and agents and independent contractors.
5 Construction Agreement/High Desert Underground, Inc./Project CC23-082-2
Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) Combined Single Limit, covering any vehicle(s) utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the services required by this Agreement.
Section 13. RESERVED
Section 14. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers, and agents and independent contractors, including, without limitation, the City Attorney, are named as Additional Insureds.
Section 15. WAIVER OF SUBROGATION RIGHTS
Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its officers, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
Section 16. PROOF OF INSURANCE COVERAGE; REQUIRED PRIOR TO
COMMENCEMENT OF SERVICES
a. Contractor shall secure from a good and responsible company or companies authorized to do insurance business in the State of California the policies of insurance required by this Agreement and furnish to the City Clerk certificates of said insurance at least one (1) day prior to the commencement of any services to be performed under this Agreement.
b. The certificates of insurance shall bear an endorsement whereby it is provided that, in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of non -payment, ten (10) days’ advance written notice shall be given.
c. The certificates of insurance shall bear an endorsement whereby it is provided that the respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.
d. The certificates of insurance shall indicate that the respective insurance policy will be maintained throughout the Term of this Agreement.
e. The Commercial General Liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this Contract, Contractor’s service coverage shall be pri mary with respect to the City. Any insurance maintained by the City shall be in excess of Contractor’s insurance and shall not contribute to it.
Section 17. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement. 6 Construction Agreement/High Desert Underground, Inc./Project CC23-082-2
Section 18. INDEMNIFICATION
Notwithstanding the limits of any insurance, Contractor shall indemnify the City, its officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the City its officials, officers, agents, volunteers or employees, and in connection therewith:
a. Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
b. Contractor will promptly pay any judgment rendered against the City, its officials, officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officials, volunteers, officers, agents, and employees harmless there from;
c. In the event the City, its officials, officers, agents, volunteers or employees is made a Party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negli gent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City;
d. Contractor's duty to defend and indemnify as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time;
The Contractor's indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.
7 Construction Agreement/High Desert Underground, Inc./Project CC23-082-2
Section 19. REPORTS
Upon request by Doug Mathews, Director of Public Works & Water , or his designee, Contractor shall prepare and submit reports concerning Contractor's performance of the work required by this Agreement.
Section 20. RECORDS
a. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Doug Mathews, Director of Public Works & Water, or his designee, to evaluate the cost and the performance of such services.
b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. Doug Mathews, Director of Public Works & Water, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
c. Doug Mathews, Director of Public Works & Water, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds pai d to Contractor hereunder shall be retained by Contractor and made available to Doug Mathews, Director of Public Works & Water , or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.
Section 21. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both Parties.
Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Agreement.
b. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement and the Contract Documents.
c. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.
Section 23. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree 8 Construction Agreement/High Desert Underground, Inc./Project CC23-082-2
that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.
Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Notwithstanding the foregoing, the Parties agree that Exhibit “B” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Construction Agreement and Exhibit “ B” the terms of this Construction Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Construction Agreement.
Section 24. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To the City: Doug Mathews,
Director of Public Works & Water,
Public Works Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Contractor: Blane Sandwick, COO
High Desert Underground, Inc.
13355 Osage Court
Apple Valley, CA 92308
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 25. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer or employee of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
Section 26. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Agreement and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Agreement based on such consultation.
Section 27. CARE OF WORK
Contractor must adopt reasonable methods during the life of the Agreement t o furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, 9 Construction Agreement/High Desert Underground, Inc./Project CC23-082-2
studies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by the City, except those losses or damages as may be caused by the City’s own negligence. The performance of the work by Contractor or the payment of money by the City shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor.
Section 28. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 29. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.
Section 30. GENDER; PLURAL
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 31. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 32. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 33. CUMULATIVE REMEDIES
Except with r espect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 34. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this 10 Construction Agreement/High Desert Underground, Inc./Project CC23-082-2
Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 35. ATTORNEY'S FEES
Should any litigation, specifically including but not limited to, arbitration and other non- judicial resolution of disputes be commenced between the Parties to this agreement concerning this agreement or the rights and duties of either i n relation thereto, the Parties prevailing in such litigation or other proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney fees in such litigation where the proceeding which, if not agreed upon by the Parties, shall be determined by the court or other entity in which such litigation or other proceeding is brought.
Section 36. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Con tractor, approved by the City’s Risk Manager, and executed by the authorized City personnel or Mayor.
Section 37. REPRESENTATIONS OF PARTIES AND PERSONS
EXECUTING AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 38. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.
(END OF THIS PAGE)
11 Construction Agreement/High Desert Underground, Inc./Project CC23-082-2
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
THE CITY OF VICTORVILLE HIGH DESERT UNDERGROUND, INC.
By:_______________________________ By:_________________________________ Debra Jones, Blane Sandwick,
Mayor COO
Dated:______________________________ Dated:______________________________
ATTEST
By:________________________________
Jennifer Thompson,
City Clerk
Dated:_____________________________
THE CITY OF VICTORVILLE APPROVED AS TO STANDARD FORM
By:________________________________ By:________________________________ Sandra Bostick, Andre de Bortnowsky,
Risk Manager City Attorney
Dated:______________________________ Dated:_____________________________
12 Construction Agreement/High Desert Underground, Inc./Project CC23-082-2
EXHIBIT A
SCOPE OF WORK
C ity agrees to engage C ontractor and Contractor agrees to furnish all necessary labor, tools, materials, and equipment for and do the Work for the Project. The Work shall be performed in accordance with: (i) the Plans and Specifications as generally described in the Request for Proposal, Project Number CC23-082, for the Project, portions of which are attached hereto for ease of reference as Exhibit "A", and the entirety of which is currently on file in office of the City Clerk); and (ii) the prices set forth in Contractor’s Cost Proposal (attached as Exhibit "B").
VICTORVILLE WATER DISTRICT
RFP# CC23-082
QUALIFIED EMERGENCY WATER CONTRACTOR
SE
CTION III – SCOPE OF WORK
As
the need arises, the Contractor shall perform, coordinate, and manage its services to ensure the completion of tasks as deemed necessary. The Contractor shall manage the construction to proficiently monitor and control the project costs, quality, and schedule.
The ty
pe of work required by the Victorville Water District includes repairs of water infrastructure necessary involved with water conveyance. The contractors will be expected to repair many types of water facilities, including but not limited to valves, water mains and services lines. The size of valves, mainline, and service lines varies from 3/4 inch to 30 inches in diameter.
The S
anitary/Sewer and Storm Drain divisions of the Public Works Department would require work consisting of the excavation, removal, and replacement of damaged and/or failed pipes, which may range in sizes from 4-inch to 27-inch in diameter. Additional type of infrastructure repairs may include repairs to lift/pum p stations, manholes, concrete structures such as box culverts, performance of bypass operations and providing traffic control in accordance with current Occupational Safety and Health Administration (OSHA) and Manual on Uniform Traffic Control Devices (MTUCD) requirements within the District right of ways.
The Dist
rict will have three companies on contract. For each event, the contractor that can most readily address the emergency will be expected to perform, coordinate and manage its services to ensure the completion of tasks as deemed necessary.
The cont
ractor shall perform the tasks in cooperation with selected officials within the Victorville Water District, Public Works Department and Engineering Department, and will be paid on a time and material basis.
PROJECT PERSONNEL
Project personnel shall be a mix of District staff and the Contractor’s staff. The Contractor shall propose a sufficient qualified staffing level to ensure that the construction or repair is performed in accordance with the specifications. Since the contractor will get paid by the hour for staff, mater ials and equipment, the contractor shall endeavor to keep the minimum to adequately perform the work.
Billing the District for staff or equipment that was not required to perform the work may result in disqualification for future projects.
The Dist
rict will supply any surveying services required for the project. If material’s testing is required, the District will provide those services via consultant.
EXHIBIT A
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EXHIBIT B
C
OST PROPOSAL FORMS
S
ee Attachment
EXHIBIT B
15/Construction Agreement/High Desert Underground, Inc./Project CC23-082-2
EXHIBIT B
16/Construction Agreement/High Desert Underground, Inc./Project CC23-082-2
EXHIBIT B
17/Construction Agreement/High Desert Underground, Inc./Project CC23-082-2
EXHIBIT B
18/Construction Agreement/High Desert Underground, Inc./Project CC23-082-2
EXHIBIT B
19/Construction Agreement/High Desert Underground, Inc./Project CC23-082-2
EXHIBIT B
20/Construction Agreement/High Desert Underground, Inc./Project CC23-082-2 Attachment C
Proposals Received
ATTACHMENT B
Cost Proposals
Attachment D
Municipal Code
§2.28.100
Created: 2023-04-13 14:17:38 [EST]
(Supp. No. 51)