Agenda packet — Victorville City Council, March 5, 2024 (part 2 of 2)

FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 338030 02/14/2024 EFT 014856 AGRI-CON HYDRAULICS 1,164.52 338031 02/14/2024 EFT 000165 ANIMAL EMERGENCY CLINIC 2,161.40 338032 02/14/2024 EFT 022271 ASHTON, STEVE 900.00 338033 02/14/2024 EFT 014614 AUTOMATED GATE SERVICES, 435.25 338034 02/14/2024 EFT 007650 BAKER & TAYLOR, INC. 1,262.67 338035 02/14/2024 EFT 021548 BASE HILL, INC. 4,825.50 338036 02/14/2024 EFT 000297 BECK OIL, INC. 3,747.16 338037 02/14/2024 EFT 015877 BOOT BARN, INC. 1,249.21 338038 02/14/2024 EFT 016222 CACEO 128.00 338039 02/14/2024 EFT 014820 CAL-STATE AUTO PARTS 1,041.94 338040 02/14/2024 EFT 016335 CHARTER COMMUNICATION HOL 17,776.09 338041 02/14/2024 EFT 018132 CLINICAL LABORATORY OF SA 6,945.50 338042 02/14/2024 EFT 015486 CONSOLIDATED ELECTRICAL D 1,308.38 338043 02/14/2024 EFT 022345 DIAMOND ENVIRONMENTAL SER 164.98 338044 02/14/2024 EFT 028115 D'S BOOTERY 450.00 338045 02/14/2024 EFT 018870 ENNIS-FLINT, INC. 3,871.50 338046 02/14/2024 EFT 017560 FERGUSON WATERWORKS 15,268.50 338047 02/14/2024 EFT 018275 FRANZ BOLOWICH D.O., INC. 3,250.00 338048 02/14/2024 EFT 016134 FRONTIER COMMUNICATIONS C 298.37 338049 02/14/2024 EFT 003960 CENGAGE LEARNING, INC. 860.55 338050 02/14/2024 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 363.40 338051 02/14/2024 EFT 018175 GENERAL PUMP COMPANY, INC 22,140.00 338052 02/14/2024 EFT 001076 GRAINGER 2,069.95 338053 02/14/2024 EFT 016317 GREATER HOPE FOUNDATION F 7,500.00 338054 02/14/2024 EFT 006269 GREEN, DE BORTNOWSKY, LLP 6,500.00 338055 02/14/2024 EFT 001104 HAAKER EQUIPMENT CO. 3,375.83 338056 02/14/2024 EFT 020948 HARPER, JAMES JR 125.00 338057 02/14/2024 EFT 018938 HARRIS & ASSOCIATES, INC. 8,722.75 338058 02/14/2024 EFT 018048 INDUSTRIAL CLERICAL RECRU 7,074.55 338059 02/14/2024 EFT 024922 INFOSEND, INC 106.81 338060 02/14/2024 EFT 004263 INLAND MEDIATION BOARD 10,859.19 338061 02/14/2024 EFT 000094 KIMBALL MIDWEST 623.10 338062 02/14/2024 EFT 000226 LARRY WALKER ASSOCIATES, 286.50 338063 02/14/2024 EFT 022244 LEXISNEXIS RISK SOLUTIONS 777.70 338064 02/14/2024 EFT 022659 LIGHTNING STEP TECHNOLOGI 2,250.00 338065 02/14/2024 EFT 005948 LUBRICATION ENGINEERS, IN 1,903.48 338066 02/14/2024 EFT 001548 MCMASTER-CARR SUPPLY CO. 162.90 338067 02/14/2024 EFT 015804 MISSION AMBULANCE, INC. 116,792.00 338068 02/14/2024 EFT 001592 MOBILE OCCUPATIONAL SERVI 485.00 338069 02/14/2024 EFT 019967 MOJAVE AUTO COLLISION 52,252.24 338070 02/14/2024 EFT 013274 MOSES HOUSE MINISTRIES 3,580.00 338071 02/14/2024 EFT 009644 NORTHERN SAFETY COMPANY I 281.84 338072 02/14/2024 EFT 028213 O'REILLY AUTO PARTS 454.46 338073 02/14/2024 EFT 025260 PENWORTHY COMPANY, THE 552.00 338074 02/14/2024 EFT 022232 PERMA-BOUND BOOKS 300.96 338075 02/14/2024 EFT 013165 PETE'S ROAD SERVICE 3,479.24 338076 02/14/2024 EFT 017106 POUVARANUKOAH, KRIS 107.00 338077 02/14/2024 EFT 001886 PRUDENTIAL OVERALL SUPPLY 412.44 338078 02/14/2024 EFT 018886 RDO EQUIPMENT CO. 731.38 338079 02/14/2024 EFT 024930 REFRIGERATION SUPPLIES DI 385.21 338080 02/14/2024 EFT 016328 RIVERSIDE CONSTRUCTION CO 118,597.05 338081 02/14/2024 EFT 001987 ROTARY CLUB - VICTORVILLE 161.67

CITY OF VICTORVILLE

AP CHECK RECONCILIATION REGISTER
Report generated: 02/22/2024 07:55
User: djustman
Program ID: apchkrcn

Page 2 ends

FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 338082 02/14/2024 EFT 002037 SAN BERNARDINO COUNTY 6,098,686.00 338084 02/14/2024 EFT 010047 SHELL ENERGY NORTH AMERIC 244,608.00 338085 02/14/2024 EFT 001153 DS SERVICES OF AMERICA, I 698.77 338086 02/14/2024 EFT 010553 SPOK, INC. 12.85 338087 02/14/2024 EFT 018962 THATTE, SUBODH 1,000.00 338088 02/14/2024 EFT 022144 STIGER, KIARA 100.00 338089 02/14/2024 EFT 017269 TOWN & COUNTRY TIRE INC 1,042.46 338090 02/14/2024 EFT 002790 TREADWELL, KENNETH R. 4,750.00 338091 02/14/2024 EFT 002419 UNDERGROUND SERVICE ALERT 41.50 338092 02/14/2024 EFT 029118 UNITED ROTARY BRUSH CORPO 403.47 338093 02/14/2024 EFT 014536 UNITED SITE SERVICES OF C 715.08 338094 02/14/2024 EFT 015004 U.S. DEPARTMENT OF ENERGY 6,697.90 338095 02/14/2024 EFT 015079 VERIZON WIRELESS SERVICES 39,115.87 338096 02/14/2024 EFT 008430 CALMAT COMPANY 6,788.72 338097 02/14/2024 EFT 002862 V.V. TOW, INC. 35.00 338098 02/14/2024 EFT 017120 WASHINGTON, DYJUAN 3,000.00 338099 02/14/2024 EFT 002554 WAXIE SANITARY SUPPLY 1,618.51 338100 02/14/2024 EFT 021844 WILLDAN FINANCIAL SERVICE 40,133.87 338101 02/14/2024 EFT 016921 ZENCITY TECHNOLOGIES US I 36,000.00 338102 02/14/2024 EFT 018845 Z GLOBAL INC. 3,250.00 338103 02/21/2024 EFT 021302 AAA CONTAINER SALES AND R 174.00 338104 02/21/2024 EFT 010537 ACCO ENGINEERED SYSTEMS, 1,900.28 338105 02/21/2024 EFT 014305 ALBERT A .WEBB ASSOCIATES 31,242.73 338106 02/21/2024 EFT 000104 DANTIN ENTERPRISES, INC. 2,271.86 338107 02/21/2024 EFT 017657 ALL PURPOSE DOCUMENT DEST 900.00 338108 02/21/2024 EFT 002921 AMERICAN LANDSCAPE AND MA 59,599.33 338109 02/21/2024 EFT 000165 ANIMAL EMERGENCY CLINIC 1,279.19 338110 02/21/2024 EFT 018562 BEST POWER EQUIPMENT, LLC 1,643.52 338111 02/21/2024 EFT 014614 AUTOMATED GATE SERVICES, 580.00 338112 02/21/2024 EFT 010862 BABB, JORDAN 125.00 338113 02/21/2024 EFT 000297 BECK OIL, INC. 12,531.29 338114 02/21/2024 EFT 015877 BOOT BARN, INC. 2,596.17 338115 02/21/2024 EFT 014954 BRIDGEPAY NETWORK SOLUTIO 2,179.20 338117 02/21/2024 EFT 002720 CALIFORNIA TOOL & WELDING 165.67 338118 02/21/2024 EFT 014820 CAL-STATE AUTO PARTS 274.51 338119 02/21/2024 EFT 028287 CASTELLON, STEPHANIE 122.50 338120 02/21/2024 EFT 016335 CHARTER COMMUNICATION HOL 3,900.00 338121 02/21/2024 EFT 016213 COMMUNITY WORKS DESIGN GR 1,684.05 338122 02/21/2024 EFT 017738 CONSOLIDATED FIRE AGENCIE 331,526.50 338123 02/21/2024 EFT 015486 CONSOLIDATED ELECTRICAL D 1,442.05 338124 02/21/2024 EFT 007554 DAVIS, JOSHUA 105.00 338125 02/21/2024 EFT 017312 SSI AND ASSOCIATES, INC. 165.00 338126 02/21/2024 EFT 005295 DOKKEN ENGINEERING 6,243.38 338127 02/21/2024 EFT 000826 DUNN-EDWARDS CORPORATION 210.68 338128 02/21/2024 EFT 014106 ENGINEERING RESOURCES OF 4,362.50 338129 02/21/2024 EFT 015760 FASTENAL COMPANY 1,907.25 338130 02/21/2024 EFT 016767 KALMIKOV ENTERPRISES, INC 924.09 338131 02/21/2024 EFT 000975 FRANKLIN TRUCK PARTS, INC 238.24 338132 02/21/2024 EFT 016134 FRONTIER COMMUNICATIONS C 406.29 338133 02/21/2024 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 545.55 338134 02/21/2024 EFT 001063 GOODYEAR TIRE & RUBBER CO 1,906.19 338135 02/21/2024 EFT 001076 GRAINGER 243.28

CITY OF VICTORVILLE

AP CHECK RECONCILIATION REGISTER
Report generated: 02/22/2024 07:55
User: djustman
Program ID: apchkrcn

Page 3 ends

FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 338136 02/21/2024 EFT 001104 HAAKER EQUIPMENT CO. 217.01 338137 02/21/2024 EFT 020948 HARPER, JAMES JR 150.00 338138 02/21/2024 EFT 000278 HI DESERT ALARM 555.08 338139 02/21/2024 EFT 001206 HITT PLUMBING INC. 8,525.00 338140 02/21/2024 EFT 010777 ICONIX WATERWORKS (US) IN 6,190.06 338141 02/21/2024 EFT 021594 HERITAGE LANDSCAPE SUPPLY 3,037.90 338142 02/21/2024 EFT 018048 INDUSTRIAL CLERICAL RECRU 8,572.96 338143 02/21/2024 EFT 001282 INLAND KENWORTH, INC. 5,756.22 338144 02/21/2024 EFT 016775 INTERWEST CONSULTING GROU 402.50 338145 02/21/2024 EFT 000696 L.N. CURTIS & SONS 483.61 338146 02/21/2024 EFT 001548 MCMASTER-CARR SUPPLY CO. 513.83 338147 02/21/2024 EFT 001592 MOBILE OCCUPATIONAL SERVI 305.00 338148 02/21/2024 EFT 017743 PULICE, SAMUEL A. 220.42 338149 02/21/2024 EFT 001599 MOJAVE DESERT AQMD 3,268.27 338150 02/21/2024 EFT 025693 MONTANO, JESUS 120.00 338151 02/21/2024 EFT 017470 MRC SMART TECHNOLOGY SOLU 27.73 338152 02/21/2024 EFT 009644 NORTHERN SAFETY COMPANY I 510.04 338153 02/21/2024 EFT 001789 PARKHOUSE TIRE, INC. 3,674.10 338154 02/21/2024 EFT 013165 PETE'S ROAD SERVICE 1,471.75 338155 02/21/2024 EFT 015452 PRIORITY SAFETY SERVICES 996.98 338156 02/21/2024 EFT 001886 PRUDENTIAL OVERALL SUPPLY 547.62 338157 02/21/2024 EFT 018886 RDO EQUIPMENT CO. 144.62 338159 02/21/2024 EFT 002123 SHERWIN WILLIAMS COMPANY 569.97 338160 02/21/2024 EFT 022144 STIGER, KIARA 100.00 338161 02/21/2024 EFT 017269 TOWN & COUNTRY TIRE INC 946.77 338162 02/21/2024 EFT 002419 UNDERGROUND SERVICE ALERT 312.75 338163 02/21/2024 EFT 003089 UNITED RENTALS, INC. 13,096.56 338164 02/21/2024 EFT 014536 UNITED SITE SERVICES OF C 1,209.36 338165 02/21/2024 EFT 021895 HD SUPPLY, INC. 1,225.75 338166 02/21/2024 EFT 008430 CALMAT COMPANY 162.25 338167 02/21/2024 EFT 002505 VICTORVILLE DISPOSAL, INC 1,154,438.55 338168 02/21/2024 EFT 002862 V.V. TOW, INC. 78.00 338169 02/21/2024 EFT 002554 WAXIE SANITARY SUPPLY 2,336.09 338170 02/21/2024 EFT 010274 HD SUPPLY CONSTRUCTION SU 1,922.07 338171 02/21/2024 EFT 007786 WILLIAMS, MONIQUE 1,188.00 338172 02/21/2024 EFT 018845 Z GLOBAL INC. 51,900.08 794102 02/14/2024 PRINTED 016218 2 HOT UNIFORMS INC 3,987.09 794103 02/14/2024 PRINTED 002336 3M 1,659.09 794104 02/14/2024 PRINTED 021682 ALCAREZ,RUDY 185.17 794105 02/14/2024 PRINTED 016435 ALLIANT INSURANCE SERVICE 1,626.41 794106 02/14/2024 PRINTED 014878 ALLTECH INDUSTRIES, INC 11,544.65 794107 02/14/2024 PRINTED 020042 ANGEL ROCK AND SAND 1,131.00 794108 02/14/2024 PRINTED 017968 AVCOM SERVICES, INC. 45.00 794109 02/14/2024 PRINTED 021778 BAKER TILLY US, LLP 7,950.00 794110 02/14/2024 PRINTED 000309 BEST BUY CO., INC. 1,466.06 794111 02/14/2024 PRINTED 019571 MJ AUTO GLASS INC. 2,470.65 794112 02/14/2024 PRINTED 017353 BOUND TREE MEDICAL, LLC 1,129.21 794113 02/14/2024 PRINTED 022356 BRINGIER, JEREMY V 54.00 794114 02/14/2024 PRINTED 022229 BRODART COMPANY 1,112.17 794115 02/14/2024 PRINTED 001693 BROWN, JULIE 42.94 794116 02/14/2024 PRINTED 000380 BURRTEC WASTE INDUSTRIES 99,742.80 794117 02/14/2024 PRINTED 000380 BURRTEC WASTE INDUSTRIES 2,322.17

CITY OF VICTORVILLE

AP CHECK RECONCILIATION REGISTER
Report generated: 02/22/2024 07:55
User: djustman
Program ID: apchkrcn

Page 4 ends

FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 794118 02/14/2024 PRINTED 999975 CALIFORNIA HEALTH COLLABO 320.00 794119 02/14/2024 PRINTED 999975 CAMPRGROUND OF THE HIGH D 2,908.50 794120 02/14/2024 PRINTED 020755 MIKE CAPOSIO BUICK GMC, L 1,888.48 794121 02/14/2024 PRINTED 020193 CARTER, ROBERT 157.07 794122 02/14/2024 PRINTED 019955 CLIFTONLARSONALLEN LLP 10,000.00 794123 02/14/2024 PRINTED 021141 CLOUGH, JOHN 70.68 794124 02/14/2024 PRINTED 021496 DG INVESTMENT INTERMEDIAT 2,388.11 794125 02/14/2024 PRINTED 014721 CORE & MAIN LP 16,364.44 794126 02/14/2024 PRINTED 022870 DEVLIN, DYLAN 320.00 794127 02/14/2024 PRINTED 018020 DIXON PEST CONTROL, INC. 315.00 794128 02/14/2024 PRINTED 022344 DR HORTON LOS ANGELES HOL 150.50 794129 02/14/2024 PRINTED 021599 ELIZONDO, EDUARDO 36.93 794130 02/14/2024 PRINTED 022422 ERNIE'S AUTO SERVICE CORP 7,258.00 794131 02/14/2024 PRINTED 014122 EUROFINS EATON ANALYTICAL 5,610.00 794132 02/14/2024 PRINTED 016744 FAMILY ASSISTANCE PROGRAM 10,445.32 794133 02/14/2024 PRINTED 022699 FENCE GUYS INC. 700.00 794134 02/14/2024 PRINTED 005831 GARLAND, GARY M 225.00 794135 02/14/2024 PRINTED 007552 GROOVELABS LLC 292.00 794136 02/14/2024 PRINTED 999980 HERRERA, JUAN CARLOS 1,085.75 794137 02/14/2024 PRINTED 021441 HENRY SCHEIN, INC. 85.04 794138 02/14/2024 PRINTED 001155 HESPERIA HOSE SUPPLY 42.00 794139 02/14/2024 PRINTED 019828 HIGH DESERT SECOND CHANCE 22,963.00 794140 02/14/2024 PRINTED 021377 HOLLY, BROOKE DANIELLE 741.00 794141 02/14/2024 PRINTED 010893 JAGGLI, DUSTIN 225.00 794142 02/14/2024 PRINTED 022048 CJAM LLC 135.00 794143 02/14/2024 PRINTED 022710 KEN GRODY REDLANDS LLC 99,578.13 794144 02/14/2024 PRINTED 022411 KHACHTZYAN, GEVORG 28.70 794145 02/14/2024 PRINTED 004807 KONE, INC. 361.38 794146 02/14/2024 PRINTED 010660 LOVELAND'S AUTOMOTIVE SER 2,704.37 794147 02/14/2024 PRINTED 020675 MALDONADO, MICHELLE 3,000.00 794148 02/14/2024 PRINTED 022083 MENDOZA PINEDA, GILBERTO 14.32 794149 02/14/2024 PRINTED 022595 METRASENS, INC. 19,025.82 794150 02/14/2024 PRINTED 022402 MILBES, ANAS 17.03 794151 02/14/2024 PRINTED 021161 CAR WASH PARTNERS, LLC. 344.00 794152 02/14/2024 PRINTED 021979 MRC GLOBAL INC. 57,737.24 794153 02/14/2024 PRINTED 022353 MUNIZ, EFRAIN 50.00 794154 02/14/2024 PRINTED 001637 MYERS TIRE SUPPLY 427.86 794155 02/14/2024 PRINTED 001648 NAPA AUTO PARTS 4,070.82 794156 02/14/2024 PRINTED 021023 NEWMAN - HARRISON, SUSAN 175.00 794157 02/14/2024 PRINTED 020815 NEXTERA ENERGY CAPITAL HO 401,760.00 794158 02/14/2024 PRINTED 005475 OKUNBOR, PAUL 372.26 794159 02/14/2024 PRINTED 015663 PADILLA & ASSOCIATES, INC 1,652.12 794160 02/14/2024 PRINTED 016130 PARKER INTEGRITY 57.34 794161 02/14/2024 PRINTED 020329 PF SERVICES, INC. 1,700.00 794162 02/14/2024 PRINTED 004064 PROVEST REALTY INC 183.69 794163 02/14/2024 PRINTED 022609 RAFTELIS FINANCIAL CONSUL 2,187.50 794164 02/14/2024 PRINTED 018893 RICKER, JEFFERY 225.00 794165 02/14/2024 PRINTED 003150 ROBERTSON'S 1,102.54 794166 02/14/2024 PRINTED 022867 SANCHEZ, URIEL 94.32 794167 02/14/2024 PRINTED 014287 SAPP, DONALD 225.00 794168 02/14/2024 PRINTED 002037 SAN BERNARDINO COUNTY 165.00 794169 02/14/2024 PRINTED 002037 SAN BERNARDINO COUNTY 55.00

CITY OF VICTORVILLE

AP CHECK RECONCILIATION REGISTER
Report generated: 02/22/2024 07:55
User: djustman
Program ID: apchkrcn

Page 5 ends

FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 794170 02/14/2024 PRINTED 018884 FIRST STREET PARENT, INC. 315.64 794171 02/14/2024 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 364,961.76 794172 02/14/2024 PRINTED 011303 SPORTSENGINE, INC. 266.50 794173 02/14/2024 PRINTED 024609 STAPLES BUSINESS ADVANTAG 8,990.98 794174 02/14/2024 PRINTED 002269 SUNLAND FORD 869.30 794175 02/14/2024 PRINTED 999992 TANORI, STEPHANIE 42.00 794176 02/14/2024 PRINTED 002357 TOPS N' BARRICADES, INC. 2,375.10 794177 02/14/2024 PRINTED 014914 ULINE SHIPPING SUPPLY SPE 2,915.50 794178 02/14/2024 PRINTED 016520 UNITED STATES CUSTOMS AND 593.45 794179 02/14/2024 PRINTED 022706 RED BARN MEDIA, INC. 1,455.00 794180 02/14/2024 PRINTED 023108 VCA MESA ANIMAL HOSPITAL 3,322.85 794181 02/14/2024 PRINTED 002475 VESD CAFETERIA 351.18 794182 02/14/2024 PRINTED 010321 VICTOR VALLEY NEWS INC. 4,590.00 794183 02/14/2024 PRINTED 015854 WARNER, KARON S 51.09 794184 02/14/2024 PRINTED 012523 XU, MICHAEL J 19.55 794185 02/14/2024 PRINTED 016092 BRAYFIELD, ZACHARY SCOTT 7,976.00 794186 02/14/2024 PRINTED 029101 ACUITY SPECIALTY PRODUCTS 127.11 794187 02/14/2024 PRINTED 002193 SOUTHERN CALIFORNIA MUNIC 145.00 794188 02/14/2024 PRINTED 022865 CATAMOUNT PROPRERTIES 201 36.13 794189 02/14/2024 PRINTED 022879 CHICAGO TITLE CO 108.73 794190 02/14/2024 PRINTED 022875 CORRAL, TERESA 35.21 794191 02/14/2024 PRINTED 022876 DAVIS, ROSILYN HICKS- 4,442.69 794192 02/14/2024 PRINTED 021746 DOMINGUEZ, DORA 120.00 794193 02/14/2024 PRINTED 022862 DUONG, JOHNNY 36.13 794194 02/14/2024 PRINTED 022861 ESCOBEDO RAMIREZ, ROBERTO 168.49 794195 02/14/2024 PRINTED 022855 GONZALEZ, MARIA 105.00 794196 02/14/2024 PRINTED 022872 HOLENBROOK, JOSEPH F. 36.75 794197 02/14/2024 PRINTED 022874 I AND B INVESTMENTS LLC 35.21 794198 02/14/2024 PRINTED 022871 IWEKAOGWU, IFEYINWA 130.87 794199 02/14/2024 PRINTED 019724 LGI HOMES 321.00 794200 02/14/2024 PRINTED 015136 LONE STAR REAL ESTATE 31.53 794201 02/14/2024 PRINTED 022878 ORANGE COAST TITLE CO 160.94 794202 02/14/2024 PRINTED 009756 QICHAO, LIU 33.37 794203 02/14/2024 PRINTED 019845 RICHMOND AMERICAN HOMES 77.98 794204 02/14/2024 PRINTED 019845 RICHMOND AMERICAN HOMES 83.87 794205 02/14/2024 PRINTED 019845 RICHMOND AMERICAN HOMES 90.31 794206 02/14/2024 PRINTED 019845 RICHMOND AMERICAN HOMES 62.51 794207 02/14/2024 PRINTED 019845 RICHMOND AMERICAN HOMES 20.50 794208 02/14/2024 PRINTED 022860 STUART, STEVE A. 35.66 794209 02/14/2024 PRINTED 022877 TICOR TITLE CO 166.38 794210 02/14/2024 PRINTED 022873 VALARA TRUST 01/31/15 85.53 794211 02/14/2024 PRINTED 022858 VASQUEZ, YSMAIL 78.10 794212 02/14/2024 PRINTED 022880 VICTORVILLE MEDICAL TRANS 4,594.07 794213 02/14/2024 PRINTED 022859 WILLIAMS, LATASHA C. 60.66 794214 02/14/2024 PRINTED 004500 WU, LAWRENCE C 77.85 794215 02/14/2024 PRINTED 022857 ZHANG, YAN Z 84.61 794216 02/21/2024 PRINTED 016218 2 HOT UNIFORMS INC 491.53 794217 02/21/2024 PRINTED 013312 A & B HITCHES AND MUFFLER 145.44 794218 02/21/2024 PRINTED 016435 ALLIANT INSURANCE SERVICE 2,918.88 794219 02/21/2024 PRINTED 015507 UNIVERSAL PROTECTION SERV 32,173.00 794220 02/21/2024 PRINTED 020042 ANGEL ROCK AND SAND 339.30 794221 02/21/2024 PRINTED 003042 APPLE VALLEY COMMUNICATIO 595.00

CITY OF VICTORVILLE

AP CHECK RECONCILIATION REGISTER
Report generated: 02/22/2024 07:55
User: djustman
Program ID: apchkrcn

Page 6 ends

FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 794222 02/21/2024 PRINTED 017968 AVCOM SERVICES, INC. 195.00 794223 02/21/2024 PRINTED 000179 APPLE VALLEY FIRE PROTECT 1,452.21 794224 02/21/2024 PRINTED 020713 BAKER & HOSTETLER LLP 8,794.50 794225 02/21/2024 PRINTED 000290 BATTERY MART OF APPLE VAL 1,089.67 794226 02/21/2024 PRINTED 017353 BOUND TREE MEDICAL, LLC 542.68 794227 02/21/2024 PRINTED 999975 COMPASSION CENTER CHURCH 200.00 794228 02/21/2024 PRINTED 000787 STATE OF CALIFORNIA 65.63 794229 02/21/2024 PRINTED 014097 CANON SOLUTIONS AMERICA, 279.51 794230 02/21/2024 PRINTED 020755 MIKE CAPOSIO BUICK GMC, L 302.51 794231 02/21/2024 PRINTED 018755 ALEXA JUAREZ 25.00 794232 02/21/2024 PRINTED 018755 ALYSSA VENCES 25.00 794233 02/21/2024 PRINTED 018755 JASMINE BARBOSA 25.00 794234 02/21/2024 PRINTED 018755 MIA PACHECO 25.00 794235 02/21/2024 PRINTED 021496 DG INVESTMENT INTERMEDIAT 1,395.00 794236 02/21/2024 PRINTED 014721 CORE & MAIN LP 14,927.19 794237 02/21/2024 PRINTED 022261 DESERT ENVIRONMENTAL 444.88 794238 02/21/2024 PRINTED 018020 DIXON PEST CONTROL, INC. 412.41 794239 02/21/2024 PRINTED 021663 DUDEK 1,440.00 794240 02/21/2024 PRINTED 022155 FIRST AMERICAN TITLE CO 220.71 794241 02/21/2024 PRINTED 022788 GANNETT MEDIA CORP 3,553.97 794242 02/21/2024 PRINTED 011371 GARDA CL NORTHWEST, INC. 3,439.13 794243 02/21/2024 PRINTED 022225 GAVINO, JOVANNIE 40.87 794244 02/21/2024 PRINTED 001074 GRAHAM EQUIPMENT 171.83 794245 02/21/2024 PRINTED 020022 THE GREATER HIGH DESERT C 180.00 794246 02/21/2024 PRINTED 017053 HIGH DESERT LOCK & SAFE, 210.11 794247 02/21/2024 PRINTED 013762 HESPERIA ANIMAL HOSPITAL 640.00 794248 02/21/2024 PRINTED 001155 HESPERIA HOSE SUPPLY 276.25 794249 02/21/2024 PRINTED 019809 STREAMS IN THE DESERT FOU 7,445.55 794250 02/21/2024 PRINTED 021377 HOLLY, BROOKE DANIELLE 342.00 794251 02/21/2024 PRINTED 006152 HSIAO MING, CHEN 110.14 794252 02/21/2024 PRINTED 014207 JOHNSON, TYSON A. 196.87 794253 02/21/2024 PRINTED 021689 THINKNETIC MEDICAL CORPOR 1,830.00 794254 02/21/2024 PRINTED 011851 KIM, SUNG W 10.24 794255 02/21/2024 PRINTED 018875 KONICA MINOLTA BUSINESS S 3,199.59 794256 02/21/2024 PRINTED 020549 LAMMON, JAMES 320.00 794257 02/21/2024 PRINTED 021626 LFG PRINTING & ADVERTISIN 1,395.54 794258 02/21/2024 PRINTED 022420 LORBEL, INC. 2,202.19 794259 02/21/2024 PRINTED 022008 LPA, INC. 48,045.31 794260 02/21/2024 PRINTED 004292 LU'S LIGHTHOUSE 496.24 794261 02/21/2024 PRINTED 999985 MILSIM WEST 3,000.00 794262 02/21/2024 PRINTED 007079 MAKKAR, JOHN 87.05 794263 02/21/2024 PRINTED 022390 MARCO INDUSTRIES INC. 44.66 794264 02/21/2024 PRINTED 000361 MARK BROWN & ASSOCIATES, 1,474.06 794265 02/21/2024 PRINTED 022258 MCKINLEY, NATHANIEL 14.32 794266 02/21/2024 PRINTED 000220 MVMCS PTO 200.00 794267 02/21/2024 PRINTED 000220 MVMCS PTO 250.00 794268 02/21/2024 PRINTED 000220 ORION WIDNEY 50.00 794269 02/21/2024 PRINTED 000220 JUAN ROCHA 50.00 794270 02/21/2024 PRINTED 022278 MP ENVIRONMENTAL SERVICES 24,331.67 794271 02/21/2024 PRINTED 022353 MUNIZ, EFRAIN 100.00 794272 02/21/2024 PRINTED 022212 MWI VETERINARY SUPPLY CO. 599.34 794273 02/21/2024 PRINTED 001648 NAPA AUTO PARTS 1,147.92

CITY OF VICTORVILLE

AP CHECK RECONCILIATION REGISTER
Report generated: 02/22/2024 07:55
User: djustman
Program ID: apchkrcn

Page 7 ends

FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 794274 02/21/2024 PRINTED 021150 ODP BUSINESS SOLUTIONS, L 855.42 794275 02/21/2024 PRINTED 018455 OWENBY, MATTHEW PAUL 84.00 794276 02/21/2024 PRINTED 022220 PETROLEUM TELCOM, INC. 16,583.30 794277 02/21/2024 PRINTED 004064 PROVEST REALTY INC 41.62 794278 02/21/2024 PRINTED 021481 VELASCO,JOSEPH 2,101.57 794279 02/21/2024 PRINTED 014355 QUINN COMPANY 2,565.92 794280 02/21/2024 PRINTED 011466 RANGE VEHICLE CENTER INC. 169.76 794281 02/21/2024 PRINTED 002746 ROTO ROOTER PLUMBERS 5,286.00 794282 02/21/2024 PRINTED 022286 SANCHEZ, FABIOLA 98.32 794283 02/21/2024 PRINTED 022292 SERNA, PLACIDO 100.65 794284 02/21/2024 PRINTED 016345 NNN INVESTMENTS INC. 99.50 794285 02/21/2024 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 57,276.67 794286 02/21/2024 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 52,528.78 794287 02/21/2024 PRINTED 024609 STAPLES BUSINESS ADVANTAG 55.67 794288 02/21/2024 PRINTED 008440 SULME, A MICHAEL 30.27 794289 02/21/2024 PRINTED 002269 SUNLAND FORD 108.48 794290 02/21/2024 PRINTED 999993 UNLOCKING VALUE INVESTMEN 3,849.75 794291 02/21/2024 PRINTED 010885 KANIYAH MCFARLAND 50.00 794292 02/21/2024 PRINTED 019426 USA NATIONAL TITLE CO INC 14.78 794293 02/21/2024 PRINTED 022706 RED BARN MEDIA, INC. 297.50 794294 02/21/2024 PRINTED 002475 GABRIEL MORA - KNOTT 50.00 794295 02/21/2024 PRINTED 002475 ENDEAVOUR SCHOOL OF EXPLO 400.00 794296 02/21/2024 PRINTED 015511 VILLAGE STUDENT COUNCIL 200.00 794297 02/21/2024 PRINTED 002879 VICTOR VALLEY TRANSIT AUT 55.00 794298 02/21/2024 PRINTED 002486 VICTOR VALLEY UNION HIGH 4,000.00 794299 02/21/2024 PRINTED 002486 SILVERADO ASB 200.00 794300 02/21/2024 PRINTED 002486 VICTOR HIGH SCHOOL ASB 200.00 794301 02/21/2024 PRINTED 002486 VIVIAN TAN 100.00 794302 02/21/2024 PRINTED 018955 WASHEX MACHINERY OF CALIF 872.24 794303 02/21/2024 PRINTED 021414 CALAMP WIRELESS NETWORKS 462.50 794304 02/21/2024 PRINTED 017661 SCHARDIJN, LISA 324.00 794305 02/21/2024 PRINTED 022888 ACEVES, MARIA L 122.23 794306 02/21/2024 PRINTED 020320 FH II, LLC 88.21 794307 02/21/2024 PRINTED 022885 GONZALES, CHERYL R 202.73 794308 02/21/2024 PRINTED 022884 HERNANDEZ, OLGA 132.49 794309 02/21/2024 PRINTED 022887 HESPERIA 26 ASSET HOLDING 33.63 794310 02/21/2024 PRINTED 019724 LGI HOMES 130.48 794311 02/21/2024 PRINTED 022889 MINASYAN, KAREN 92.07 794312 02/21/2024 PRINTED 022890 OGRADY, CHERE A. 44.52 794313 02/21/2024 PRINTED 022895 PEREZ DE RODRIGUEZ, ELVIA 36.13 794314 02/21/2024 PRINTED 022892 PEREZ, BRIAN 48.83 794315 02/21/2024 PRINTED 022886 QIN,SHUHUA 127.11 794316 02/21/2024 PRINTED 019845 RICHMOND AMERICAN HOMES 86.37 794317 02/21/2024 PRINTED 022894 S&H PROPERTY MANAGEMENT L 93.25 794318 02/21/2024 PRINTED 022896 TOWNSON, ROBERT 96.99 794319 02/21/2024 PRINTED 022893 VALENZUELA, GABRIEL 32.17 794320 02/21/2024 PRINTED 022891 VILLIN LLC 21.20 359 CHECKS CASH ACCOUNT TOTAL 10,231,421.14 .00

CITY OF VICTORVILLE

AP CHECK RECONCILIATION REGISTER
Report generated: 02/22/2024 07:55
User: djustman
Program ID: apchkrcn

Page 8 ends

UNCLEARED CLEARED
359 CHECKS FINAL TOTAL 10,231,421.14 .00 ** END OF REPORT - Generated by Debbie Justman **

DATE OF WIRE ACCOUNT NAME DESCRIPTION AMOUNT WELLS FARGO BANK CONF #
02/14/24 Microsoft Corporation January 2024 Services 327.61$ FED:0214I1B7031R017502 02/15/24 CFD 01-01 Spl Tax Bond, 2002 SerA Principal and Interest payment 14,078.75$ FED:0222I1B7032R000982 02/15/24 CFD 01-01 Spl Tax Bond, 2005 SerA Principal and Interest payment 46,771.28$ FED:0222I1B7032R000972 02/15/24 CFD 07-01 Principal and Interest payment 64,546.03$ FED:0222I1B7033R000973 Total: 125,723.67$
Item Number: 6
City Council / Board of Directors
Consent Calendar
Meeting of: March 5, 2024
Submitted By:

Fredy Bonilla, City Engineer

Subject:

Reduction of Securities for Tract Map No. 13816
Recommendation:

That the Honorable City Council approve the full release of the Water and Sewer Labor & Materials Securities for Tract Map No. 13816.

Fiscal Impact:

There is no fiscal impact associated with this action.

Strategic Plan Goal:

This item aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. 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. 13816 (Tract 13816) is a 195-lot, single family subdivision, located at the northwest corner of Mojave Drive and Cobalt Road. On April 20, 2021, the City Council approved a Subdivision Improvement Agreement (SIA) secured by improvement bonds with D.R. Horton Los Angeles Holding Company, Inc., also known as D.R. Horton, for tract development. Since that time, D.R. Horton has been developing the tract.

Discussion:

At the June 6, 2023, regular City Council Meeting, the City Council approved an 80% release of the water and sewer Faithful Performance securities and accepted the water and sewer improvements. The City Council also approved a 60% release of the LMAD and street Faithful Performance securities as the construction of those improvements were still ongoing.
3 5
2 7
Per Victorville Municipal Code Section 17.64.070, the remaining 20-percent of the Faithful Performance security are to be held for a one-year warranty period and the Labor & Materials securities will be held for a 6-month period. Therefore, staff recommends the full release of the water and sewer Labor & Materials security due to the acceptance taking place eight months ago.

Staff remains available for any questions Council may have.

Attachments: A. Vicinity Map
B. Security Tables
C. Existing Securities
Attachment A
Vicinity Map

Attachment B
Security Tables

Security Tables

Faithful Performance Security
Water Improvements – No. SUR0067960
Labor & Materials Security
Water Improvements – No. SUR0067960
Amount of ORIGINAL Security: $786,317.40 Amount of ORIGINAL Security: $393,158.70 Amount of Security CURRENTLY: $157,263.48 Amount of Security CURRENTLY: $393,158.70 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $393,158.70 Amount of Security REMAINING: $157,263.48 Amount of Security REMAINING: $0.00 Faithful Performance Security
Sewer Improvements – No. SUR0067960
Labor & Materials Security
Sewer Improvements – No. SUR0067960
Amount of ORIGINAL Security: $439,147.50 Amount of ORIGINAL Security: $219,573.75 Amount of Security CURRENTLY: $87,829.50 Amount of Security CURRENTLY: $219,573.75 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $219,573.75 Amount of Security REMAINING: $87,829.50 Amount of Security REMAINING: $0.00 Faithful Performance Security
LMAD Improvements – No. SUR0067960
Labor & Materials Security
LMAD Improvements – No. SUR0067960
Amount of ORIGINAL Security: $173,537.10 Amount of ORIGINAL Security: $86,768.55 Amount of Security CURRENTLY: $69,414.84 Amount of Security CURRENTLY: $86,768.55 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $69,414.84 Amount of Security REMAINING: $86,768.55 Faithful Performance Security
Street Improvements – No. SUR0067960
Labor & Materials Security
Street Improvements – No. SUR0067960
Amount of ORIGINAL Security: $3,460,157.76 Amount of ORIGINAL Security: $1,730,078.88 Amount of Security CURRENTLY: $1,384,063.10 Amount of Security CURRENTLY: $1,730,078.88 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $1,384,063.10 Amount of Security REMAINING: $1,730,078.88

Developer:

D.R. Horton Los Angeles Holding Company, Inc.
2280 Wardlow Circle, Suite 100
Corona, CA 92878
Faithful Performance Security
Monumentation Improvements – No.

SUR0067960

Amount of ORIGINAL Security: $95,452.80
Amount of Security CURRENTLY: $95,452.80
Amount of Security being REDUCED: $0.00
Amount of Security REMAINING: $95,452.80
Attachment C
Existing Securities

Item Number: 7
City Council / Board of Directors
Consent Calendar
Meeting of: March 5, 2024
Submitted By:

Fredy Bonilla, City Engineer

Subject:

Reduction of Securities for Tract Map No. 16463
Recommendation:

That the Honorable City Council approve the full release of the Water and Sewer Labor & Materials Securities for Tract Map No. 16463.

Fiscal Impact:

There is no fiscal impact associated with this action.

Strategic Plan Goal:

Background:

Tract Map No. 16463 (Tract 16463) is a 81-lot, single family subdivision, located at the northwest corner of Mojave Drive and Cobalt Road. On March 15, 2022, the City Council approved a Subdivision Improvement Agreement (SIA) secured by water, sewer, drainage, LMAD, street, and monumentation improvement securities with D.R. Horton Los Angeles Holding Company, Inc., also known as D.R. Horton, for tract development.

Since that time, D.R. Horton has been developing the tract.

Discussion:

At the June 6, 2023, regular City Council Meeting, the City Council approved an 80% release of the water and sewer Faithful Performance securities and accepted the water and sewer improvements. The City Council also approved a 60% release of the LMAD, street, and drainage Faithful Performance securities as the construction of those improvements were still ongoing.
3 5
2 8
Per Victorville Municipal Code Section 17.64.070, the remaining 20-percent of the Faithful Performance security are to be held for a one-year warranty period and the Labor & Materials securities will be held for a 6-month period. Therefore, staff recommends the full release of the water and sewer Labor & Materials security due to the acceptance taking place eight months ago.

Staff remains available for any questions Council may have.

Attachments: A. Vicinity Map
B. Security Tables
C. Existing Securities
Attachment A
Vicinity Map

Attachment B
Security Tables

Security Tables

Faithful Performance Security
Water Improvements – No. 800054871
Labor & Materials Security
Water Improvements – No. 800054871
Amount of ORIGINAL Security: $350,691.00 Amount of ORIGINAL Security: $175,345.50 Amount of Security CURRENTLY: $70,138.20 Amount of Security CURRENTLY: $175,345.50 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $175,345.50 Amount of Security REMAINING: $70,138.20 Amount of Security REMAINING: $0.00 Faithful Performance Security
Sewer Improvements – No. 800054871
Labor & Materials Security
Sewer Improvements – No. 800054871
Amount of ORIGINAL Security: $425,276.50 Amount of ORIGINAL Security: $212,638.25 Amount of Security CURRENTLY: $85,055.30 Amount of Security CURRENTLY: $212,638.25 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $212,638.25 Amount of Security REMAINING: $85,055.30 Amount of Security REMAINING: $0.00 Faithful Performance Security
Drainage Improvements – No. 800054871
Labor & Materials Security
Drainage Improvements – No. 800054871
Amount of ORIGINAL Security: $1,759,266.94 Amount of ORIGINAL Security: $879,633.47 Amount of Security CURRENTLY: $703,706.78 Amount of Security CURRENTLY: $879,633.47 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $703,706.78 Amount of Security REMAINING: $879,633.47 Faithful Performance Security
LMAD Improvements – No. 800054871
Labor & Materials Security
LMAD Improvements – No. 800054871
Amount of ORIGINAL Security: $1,546,579,65 Amount of ORIGINAL Security: $773,289.83 Amount of Security CURRENTLY: $618,631.86 Amount of Security CURRENTLY: $773,289.83 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $618,631.86 Amount of Security REMAINING: $773,289.83

Developer:

D.R. Horton Los Angeles Holding Company, Inc.
2280 Wardlow Circle, Suite 100
Corona, CA 92878
Faithful Performance Security
Street Improvements – No. 800054871
Labor & Materials Security
Street Improvements – No. 800054871
Amount of ORIGINAL Security: $1,456,607.80 Amount of ORIGINAL Security: $728,303.90 Amount of Security CURRENTLY: $582,643.12 Amount of Security CURRENTLY: $728,303.90 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $582,643.12 Amount of Security REMAINING: $728,303.90 Faithful Performance Security
Monumentation Improvements – No. 800054871

Amount of ORIGINAL Security: $35,365.00
Amount of Security CURRENTLY: $35,365.00
Amount of Security being REDUCED: $0.00
Amount of Security REMAINING: $35,365.00
Attachment C
Existing Securities

Item Number: 8
City Council / Board of Directors
Consent Calendar
Meeting of: March 5, 2024
Submitted By:

Fredy Bonilla, City Engineer

Subject:

Reduction of Securities for Tract Map No. 15396
Recommendation:

That the Honorable City Council approve the full release of the LMAD Labor & Materials Security for Tract Map No. 15396.

Fiscal Impact:

If approved, a reimbursement of $102,081.05 will be issued from the Engineering’s Deposit Trust Account No. 600-23130. Since this is a trust account, there will be no net fiscal impact to the budgeted Engineering Department accounts.

Strategic Plan Goal:

Background:

Tract Map No. 15396 (Tract 15396) is a subdivision of 95 single-family lots, located at the northeast corner of Mesa Linda Avenue and Ava Loma Street. On September 1, 2020, the City Council approved a Subdivision Improvement Agreement (SIA) with Legacy Homes and accepted cash as security for the required public improvements which include improvement of the streets, water, drainage, sewer systems, monumentation, and the Landscape Maintenance Assessment District (LMAD) improvements along Mesa Linda Avenue.
3 5
2 9
Discussion:

At the July 18, 2023, City Council meeting, an additional 20-percent reduction, totaling 80-percent, of the Faithful Performance security for the LMAD improvements was approved and the improvements were accepted by the City Council.

At this time, a full release of the LMAD Labor & Materials Securities is recommended for Tract Map No. 15396, per Victorville Municipal Code Section 17.64.070(3).

Staff remains available for any questions Council may have.

Attachments: A. Vicinity Map
B. Security Tables
C. Security Deposit
Attachment A
Vicinity Map

Attachment B
Security Tables

Security Tables

Faithful Performance Security
Water Improvements – Cash Security
Labor & Materials Security
Water Improvements – Cash Security
Amount of ORIGINAL Security: $58,965.50 Amount of ORIGINAL Security: $29,482.75 Amount of Security CURRENTLY: $0.00 Amount of Security CURRENTLY: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $0.00 Amount of Security REMAINING: $0.00 Faithful Performance Security
Sewer Improvements – Cash Security
Labor & Materials Security
Sewer Improvements – Cash Security
Amount of ORIGINAL Security: $75,762.50 Amount of ORIGINAL Security: $37,881.25 Amount of Security CURRENTLY: $0.00 Amount of Security CURRENTLY: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $0.00 Amount of Security REMAINING: $0.00 Faithful Performance Security
Drainage Improvements – Cash Security
Labor & Materials Security
Drainage Improvements – Cash Security
Amount of ORIGINAL Security: $3,300.00 Amount of ORIGINAL Security: $1,650.00 Amount of Security CURRENTLY: $0.00 Amount of Security CURRENTLY: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $0.00 Amount of Security REMAINING: $0.00 Faithful Performance Security
Street Improvements – Cash Security
Labor & Materials Security
Street Improvements – Cash Security
Amount of ORIGINAL Security: $798,558.46 Amount of ORIGINAL Security: $399,279.23 Amount of Security CURRENTLY: $319,423.38 Amount of Security CURRENTLY: $399,279.23 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $319,423.38 Amount of Security REMAINING: $399,279.23

Developer:

Victorville 115 Lots, LLC
400 East Rincon Street
Corona, CA 92879
Faithful Performance Security
LMAD Improvements – Cash Security
Labor & Materials Security
LMAD Improvements – Cash Security
Amount of ORIGINAL Security: $204,162.09 Amount of ORIGINAL Security: $102,081.05 Amount of Security CURRENTLY: $40,832.42 Amount of Security CURRENTLY: $102,081.05 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $102,081.05 Amount of Security REMAINING: $40,832.42 Amount of Security REMAINING: $0.00 Faithful Performance Security
Monumentation – Cash Security

Amount of ORIGINAL Security: $27,115.00
Amount of Security CURRENTLY: $0.00
Amount of Security being REDUCED: $0.00
Amount of Security REMAINING: $0.00
Attachment C
Security Deposit

Item Number: 9
City Council / Board of Directors
Consent Calendar
Meeting of: March 5, 2024
Submitted By:

Fredy Bonilla, City Engineer

Subject:

Reduction of Securities for Case Nos. BLDC21-00070/EROW21-00182 Recommendation:

That the Honorable City Council approve the full release of the Labor & Materials Security for case Nos. BLDC21-00070/EROW21-00182.

Fiscal Impact:

There is no fiscal impact associated with this item.

Strategic Plan Goal:

Background:

Case Nos. BLDC21-00070/EROW21-00182 are for a fueling station with a convenience store and carwash located at the northwest corner of Bear Valley Road and Tamarisk Road. The Developer, Boos - UP Bear Valley, LLC., was required to complete street improvements per the conditions of approval. As a public improvement, the Developer provided bonds as security for the required pavement widening, curb & gutter and sidewalk construction on Tamarisk Road, and a traffic signal modification at the intersection.

Discussion:

At the August 15, 2023, City Council meeting, an 80-percent release of the street Faithful Performance security was approved, and the improvements were accepted by the City Council.
3 5
3 0
At this time, a full release of the street Labor & Materials security is recommended for case Nos. BLDC21-00070/EROW21-00182, per Victorville Municipal Code Section

17.64.070(4).

Staff is available to answer any questions Council may have.

Attachments: A. Vicinity Map
B. Security Tables
C. Existing Securities
Attachment A
Vicinity Map

Attachment B
Security Tables

Security Tables

Developer:

Boos – UP Bear Valley, LLC.
410 Park Place Blvd., #100
Clearwater, FL 33759
Faithful Performance Security
Street Improvements – Bond No. 800112041
Labor & Materials Security
Street Improvements – Bond No. 800112041
Amount of ORIGINAL Security: $252,362.96 Amount of ORIGINAL Security: $126,181.48 Amount of Security CURRENTLY: $50,472.59 Amount of Security CURRENTLY: $126,181.48 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $126,181.48 Amount of Security REMAINING: $50,472.59 Amount of Security REMAINING: $0.00 Attachment C
Existing Securities

Item Number: 10
City Council / Board of Directors
Consent Calendar
Meeting of: March 5, 2024
Submitted By:

Jennifer Thompson, City Clerk

Subject:

Second Reading of Ordinance No. 2446
Recommendation:

That the City Council adopt, by second reading, Ordinance No. 2446 revising and establishing speed zones upon certain streets in the City by amending Title 12, Chapter

12.20, Section 12.20.020 of the Victorville Municipal Code, entitled “Decrease of State Law Maximum Speed.”
Fiscal Impact:

There is no fiscal impact as a result of this action.

Strategic Plan Goal:

This item aligns with “Goal B - Public Safety” in the City of Victorville Strategic Plan 2023- 2026. Establishing speed limits aims to enhance public safety that supports a thriving and growing community.

Discussion:

At the Regular City Council meeting held on February 20, 2024, the City Council voted to introduce Ordinance No. 2446, revising and establishing speed zones upon certain streets in the City by amending Title 12, Chapter 12.20, Section 12.20.020 of the Victorville Municipal Code, entitled “Decrease of State Law Maximum Speed.” This ordinance is being presented for adoption and once adopted, will become effective March 21, 2024.

Attachments: A. Ordinance No. 2446

Attachment A

Ordinance No. 2446
ORDINANCE NO. 2446

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE REVISING AND ESTABLISHING SPEED ZONES UPON
CERTAIN STREETS IN THE CITY BY AMENDING TITLE 12, CHAPTER

12.20, SECTION 12.20.020 OF THE VICTORVILLE MUNICIPAL CODE, ENTITLED “DECREASE OF STATE LAW MAXIMUM SPEED”

THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Amendment of Section 12.20.020 of the Victorville Municipal Code Section 12.20.020 of the Victorville Municipal Code is hereby amended in its entirety to read as follows:

12.20.020 - Decrease of state law maximum speed.

It is determined upon the basis of an engineering and traffic investigation that the speed permitted by state law as applicable upon the following streets is greater than is reasonable or safe under the conditions found to exist upon su ch streets, and it is declared that the prima facie speed limits shall be as set forth in Table 12.20.020 on those streets or parts of streets designated in this section when signs are erected giving notice thereof.

Table 12.20.020
Decrease of State Law Maximum Speed
Street From To
Declared Prima
Facie Speed
Limits
Air Expressway Adelanto Road Phantom St 60 mph
Phantom St Village Dr 60 mph
Village Dr National Trails Hwy 60 mph
Amargosa Rd. .5 mi. S. of Bear Valley
Rd
Bear Valley Rd 45 mph
Bear Valley Rd North Mall Entrance 45 mph
North Mall Entrance King Ranch Rd 45 mph
King Ranch Rd Palmdale Rd 45 mph
Palmdale Rd Seneca Rd 45 mph
Seneca Rd Mojave Dr 45 mph
Mojave Dr Village Dr 50 mph
Amethyst Rd. Sycamore St Bear Valley Rd 50 mph
Bear Valley Rd Luna Rd 45 mph
Luna Rd Palmdale Rd 50 mph
Palmdale Rd Seneca Rd 50 mph
Seneca Rd Hook Blvd 55 mph
Hook Blvd Mojave Dr 55 mph
Arlette Dr Seneca Rd Hook Blvd 45 mph
Arrowhead Dr. Nisqualli Rd Talpa St 55 mph
Talpa St Green Tree Blvd 45 mph
Green Tree Blvd Camelback Dr 25 mph
Bear Valley Rd. Monte Vista Rd Hwy 395 60 mph
Hwy 395 Amethyst Rd 55 mph
Amethyst Rd Dunia 50 mph
Dunia Cottonwood Ave 40 mph
Cottonwood Ave Cypress Ave 50 mph
Cypress Ave 2nd Ave 50 mph
2nd Ave Apatite Ave 50 mph
Apatite Ave Spring Valley Pkwy 50 mph
Spring Valley Pkwy E. City Limit 50 mph
Burning Tree Dr. Yates Rd Molino Dr 25 mph
Cantina Dr. Bear Valley Rd Durango Dr 50 mph
Durango Dr La Mesa Rd 50 mph
Civic Dr. Amargosa Rd Seneca Rd 35 mph
Seneca Rd Roy Rogers Dr 45 mph
Clovis St. El Evado Rd Llanada Ave 25 mph
Cobalt Rd. Sycamore St Bear Valley Rd 40 mph
Bear Valley Rd La Mesa Rd 40 mph
Luna Rd Palmdale Rd 40 mph
Cottonwood Ave. Bear Valley Rd Mariposa Rd 45 mph
Crestview Dr. Hesperia Rd Brentwood Dr 25 mph
Diamond Rd Hook Blvd Mojave Dr 40 mph
Dos Palmas Rd. Fuchsia Ln HWY 395 45 mph
Mesa Linda to Cobalt Rd 45 mph
Cobalt Rd Amethyst Rd 50 mph
Eagle Ranch Pkwy Bear Valley Rd Honeybear Ln 45 mph
Honeybear Ln Mesa Linda Ave 40 mph
Mesa Linda Ave Cantina Dr 40 mph
El Evado Rd. Northstar Ave La Mesa Rd 45 mph
La Mesa Rd Luna Rd 45 mph
Palmdale Rd Seneca Rd 45 mph
Seneca Rd Mojave Dr 50 mph
Mojave Dr Hopland St 50 mph
Hopland St Haverhill St 25 mph
El Rio Rd. La Mesa Rd Dos Palmas Rd 35 mph
Eleventh St. Verde St 1250' n/o Verde St 25 mph
1250' n/o Verde St D St 35 mph
Eucalyptus St Mesa Linda St Cloverly Ave 45 mph
Fifth Ave. Bear Valley Rd Silica Dr 40 mph
First Ave. Bear Valley Rd Jasmine St 35 mph
Jasmine St Nisqualli Rd 35 mph
Nisqualli Rd Green Tree Blvd 35 mph
Green Tree Blvd. 7th St 400’ east of
Wimbleton
40 mph
400’ east of Wimbleton Hesperia Rd 50 mph
Hesperia Rd Ridgecrest Rd 50 mph
Hesperia Rd. Bear Valley Rd Jasmine St 40 mph
Jasmine St Nisqualli Rd. 50 mph
Nisqualli Rd Verde St 50 mph
Verde St D St 35 mph
Hollyvale St. Eucalyptus St Sycamore St 35 mph
Hook Blvd. Topaz Rd Amethyst Rd 50 mph
Amethyst Rd El Evado Rd 40 mph
El Evado Rd Amargosa Rd 50 mph
Hopland St. El Evado Rd Llanada Rd 35 mph
Hughes Rd. La Paz Dr Rodeo Dr 40 mph
Rodeo Dr Hesperia Rd 30 mph
Industrial Blvd. Bear Valley Rd Silica Rd 45 mph
Jade Rd. Bear Valley Rd La Mesa Rd 40 mph
Jasmine St. 2nd Ave Hesperia Rd 40 mph
Hesperia Rd Industrial Blvd 45 mph
La Mesa Rd Mesa View Dr Hwy 395 45 mph
Hwy 395 Amargosa Rd 45 mph
La Paz Dr. Pebble Beach Dr Roy Rogers Dr 35 mph
Roy Rogers Dr Mojave Dr 40 mph
Mojave Dr Colina St 35 mph
Colina St northerly end 25 mph
Luna Rd. Mesa View Dr. Hwy 395 40 mph
Hwy 395 Mesa Linda Ave 40 mph
Mesa Linda Ave Amethyst Rd 40 mph
Amethyst Rd El Evado Rd 40 mph
El Evado Rd Amargosa Rd 40 mph
Mall Blvd. Bear Valley Rd Mall driveway 25 mph
Mariposa Rd. Bear Valley Rd Nisqualli Rd 45 mph
Nisqualli Rd 7th St 50 mph
Mc Art Rd. Palmdale Rd Seneca Rd 40 mph
Mesa Linda Ave. Eagle Ranch Pkwy La Mesa Rd 40 mph
La Mesa Rd Luna Rd 45 mph
Luna Rd Dos Palmas Rd 40 mph
Mesa Linda St Eucalyptus St Sycamore St 40 mph
Mesa View Dr. Olivine Rd Dos Palmas Rd 45 mph
Mojave Dr. Hwy 395 East Trail 60 mph
East Trail Ashley Glen Dr 50 mph
Ashley Glen Dr Amargosa Rd 50 mph
Amargosa Rd Condor Rd 50 mph
Condor Rd 6th St 40 mph
6th St Victor St 30 mph
National Trails
Hwy.

I-15 Mojave River 50 mph
Nisqualli Rd. Mariposa Rd Hesperia Rd 50 mph
Northstar Ave. San Ysidro St El Evado Rd 35 mph
Old Ranch Rd. Sycamore St Amethyst Rd 25 mph
Pacoima Rd. Bear Valley Rd Luna Rd 40 mph
Pahute Rd Ridgecrest Rd Spring Valley Pkwy 40 mph
Petaluma Rd. Bear Valley Rd Northstar Ave 40 mph
Phantom Rd. East Air Expressway Perimeter Rd 60 mph
Perimeter Rd Nevada Ave 60 mph
Phantom Rd. West Air Expressway Nevada Ave 55 mph
Rancho Road. El Evado Rd Village Dr 40 mph
Village Dr Desert Willow St 45 mph
Redrock Rd Eagle Ranch Pkwy Topaz Rd 35 mph
Reno Loop Dr. (N) Hook Blvd East Trail 40 mph
Reno Loop Dr. (S) Hook Blvd Hook Blvd 35 mph
Ridgecrest Rd. Bear Valley Rd Pahute Rd 45 mph
Pahute Rd Yates Rd 55 mph
Rodeo Dr. Green Tree Blvd Seneca Rd 40 mph
Seneca Rd Victor St 35 mph
Roy Rogers Dr. Amargosa Rd Civic Dr 45 mph
Civic Dr La Paz Dr 45 mph
Second Ave. Bear Valley Rd Jasmine St 45 mph
Seneca Rd. Amethyst Rd El Evado Rd 50 mph
El Evado Rd Civic Dr 40 mph
La Paz Dr Hesperia Rd 45 mph
Seventh Ave. Bear Valley Rd Nisqualli Rd 45 mph
Seventh St. Mariposa Rd Center St 40 mph
Center St D St 35 mph
Shay Rd. Phantom East end (sewer plant) 55 mph
Shooting Star Dr. Bear Valley Rd Northstar Ave 40 mph
Silica Rd. Seventh Ave Hesperia Rd 35 mph
Hesperia Rd Industrial Blvd 50 mph
Spring Valley
Pkwy.

Bear Valley Rd Huerta Dr 45 mph
St Andrews Dr. Green Tree Blvd Lorene Dr 40 mph
Stoddard Wells Rd. D St I-15 Fwy 50 mph
I-15 Fwy Dante St 45 mph
Dante St Dump Rd 55 mph
Sycamore St. Hwy 395 Topaz Rd 40 mph
Topaz Rd Amethyst Rd 45 mph
Tamarisk Rd Bear Valley Rd Pahute Rd 40 mph
Third Ave. Silica Dr Nisqualli Rd 40 mph
Nisqualli Rd Green Tree Blvd 45 mph
Topaz Rd. Eucalyptus Sycamore St 45 mph
Bear Valley Rd Redrock Ave 50 mph
Redrock Ave Luna Rd 50 mph
Luna Rd Dos Palmas Rd 50 mph
Valley Center Dr. 7th St La Paz Dr 35 mph
Village Dr. Mojave Dr Tawney Ridge Ln 45 mph
Tawney Ridge Ln Amargosa Rd 50 mph
Amargosa Rd Air Expressway 55 mph
Yates Rd. Mariposa Rd Green Tree Blvd 45 mph
SECTION 2.

CEQA Exemption Finding
The City Council finds that this ordinance is not subject to review under the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2), 15060(c)(3), and/or 15061(b)(3) of the State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3).

The adoption of the speed limit amendments is being made pursuant to the California Vehicle Code and supported by required Engineering and Traffic Surveys and therefore will not result in a direct or reasonably foreseeable indi rect physical change in the environment; is not considered a “project” under CEQA Guidelines Section 15378; and/or can be seen with certainty to have no possibility of a significant impact on the environment.

SECTION 3. 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 le gislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.

SECTION 4. Effective Date
This Ordinance shall take effect thirty (30) days after its final passage.

SECTION 5. Repeal of Conflicting Provisions
All provisions of the Victorville Municipal Code as heretofore adopted by the City Council that are in conflict with the provisions of this Ordinance are hereby repealed.

SECTION 6. Certification
The City Clerk shall certify to the passage of th is Ordinance and shall cause the same to be published according to law.

Item Number: 11
City Council / Board of Directors
Consent Calendar
Meeting of: March 5, 2024
Submitted By:

Jennifer Thompson, City Clerk

Subject:

Second Reading of Ordinance No. 2449
Recommendation:

That the City Council adopt, by second reading, Ordinance No. 2449 approving amendment Case PLAN23-00012, an amendment to the Victorville Municipal Code with an Environmental Exemption making various changes to Title 16, including but not limited to: providing updated regulations, requirements, and standards for sidewalk vendors, solicitors, and other mobile vendors and businesses; revising business license processes, procedures and requirement: and adding and modifying certain definitions Citywide.

Fiscal Impact:

The adoption of proposed Ordinance 2449 will not directly create budgetary impacts.

However, the application of the Ordinance may increase staff costs associated with monitoring and instituting compliance actions for licensed and unlicensed sidewalk and mobile street vendors.

Strategic Plan Goal:

In general, the proposed Ordinance seek to improve Public Safety (Goal B) by establishing operational and licensing requirements for sidewalk and mobile vehicle vendors operating within the City’s pedestrian sidewalks, and increase Community and Economic Development (Goal C) with community and business partners by providing education and assistance to sidewalk and mobile street vendors seeking city licensure, as well as to help these businesses maintain compliance to related local regulations.

Discussion:

At the Regular City Council meeting held on February 20, 2024, the City Council voted to introduce Ordinance No. 2449, approving amendment Case PLAN23-00012, an amendment to the Victorville Municipal Code with an Environmental Exemption making 3 5
3 3
various changes to Title 16, including but not limited to providing updated regulations, requirements, and standards for sidewalk vendors, solicitors, and other mobile vendors and businesses; revising business license processes, procedures and requirements and adding and modifying certain definitions Citywide.

This ordinance is being presented for adoption and once adopted, will become effective March 21, 2024.

Attachments: A. Ordinance No. 2449

ATTACHMENT A
Ordinance No. 2449
P
age 1 of 34
ORDINANCE NO. 2449
AN O

RDINANCE OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE APPROVING AMENDMENT CASE PLAN23-00012, AN AMENDMENT TO THE VICTORVILLE MUNICIPAL

CODE WITH AN ENVIRONMENTAL EXEMPTION MAKING VARIOUS CHANGES TO TITLE 16, INCLUDING BUT NOT LIMITED TO: PROVIDING UPDATED REGULATIONS,

REQUIREMENTS, AND STANDARDS FOR SIDEWALK VENDORS, SOLICITORS, AND OTHER MOBILE VENDORS AND BUSINESSES; REVISING BUSINESS LICENSE PROCESSES, PROCEDURES, AND REQUIREMENTS; AND ADDING AND MODIFYING CERTAIN DEFINITIONS CITYWIDE.

W
HEREAS, pursuant to Article XI, Section 7 of the California Constitution, the City of Victorville (“City”) is authorized to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the California Government Code, the City may adopt by ordinance regulations affecting: the use of buildings, structures and land; and
WHEREAS, pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the California Government Code, the City has adopted Title 16, Chapter 2, Article 1, Section 16-

2.01.010 of the Victorville Municipal Code, providing the authority to amend Title 16 of the Victorville Municipal Code and the various regulations, requirements, exceptions and guidelines located therein; and
WHEREAS, pursuant to Section 16-2.01.020 of the Victorville Municipal Code, the City of Victorville has initiated amendments to Title 16 of the Victorville Municipal Code; and WHEREAS, pursuant to Section Title 7, Division 1, Chapter 4, Article 2 of the California Government Code and Section 16-2.01.040 of the Victorville Municipal Code, the Victorville Planning Commission held a public hearing on December 13, 2023, to hear arguments for and against the proposed amendments to the Victorville Municipal Code; and WHEREAS, after hearing all testimony offered at said public hearing, the Victorville Planning Commission adopted Resolution No. P -23-029, which recommended that the City Council of the City of Victorville (the “City Council”) adopt the Municipal Code amendments specified in Planning Case No. PLAN23-00012 (hereinafter the “Code Amendment s”) with a stipulation that an educational/informational outreach component be provided in both English and Spanish languages during the implementation and enforcement of the proposed amendments ; and

Page 2 of 34 ends

W HEREAS , the City Council finds that the State of California has passed Senate Bill 946, which prohibits local authorities from banning sidewalk vending but authorizes the adoption of additional requirements directly related to objective health and safety or welfare concerns; and WHEREAS, the City Council finds that the State of California has passed Senate Bill 972, which modifies the California Retail Food Code and authorizes cottage food operations or microenterprise home kitchen operations to serve as a commissary or mobile support unit for up to two compact mobile food operations, and provides that a local enforcement agency continues to have oversight to ensure additional specified requirements imposed by the San Bernardino County Department of Environmental Health are regulated under a valid permit; and WHEREAS, the City Council finds that the City of Victorville has experienced an increase in the operation of unlicensed sidewalk vendors without required State and local permits; and WHEREAS, the City Council finds that unlicensed sidewalk vendors have generally located in areas that contribute to vehicle collision hazards, obstruct mandated ADA accessibility, and/or locate on private property without owner consent; and WHEREAS, the City Council finds that unlicensed sidewalk vendors vending food in the City are not reviewed for compliance with San Bernardino County Department of Environmental Health regulations, which has the potential to lead to adverse impacts to public health; and WHEREAS, the City Council finds that the proposed Code Amendments are intended to address the proliferation of unlicensed sidewalk vendors by introducing regulations and standards in accordance with State and local law in order to address health, safety and welfare concerns related to vehicle collision hazards, obstruction of mandated ADA accessibility, private property rights, and public health; and
WHEREAS, the City Council finds on their own independent judgment that this project is exempt from the California Environmental Quality Act (CEQA) based upon CEQA Guidelines Section 15061(b)(3), as there is no possibility that the proposed Code A mendments will have a significant effect on the environment inasmuch as the proposed amendment will regulate street vending allowances provided by State law, which does not modify existing codes in a manner that will negatively affect the environment; and
WHEREAS, Pursuant to Title 7, Division I, Chapter 4, Article 2 of the California Government Code and Section 16- 2.01.060 of the Victorville Municipal Code, a duly noticed Public Hearing was held by the City Council on the 20th day of February, 2024 to hear arguments for and against the Code Amendments, and after hearing all verbal and written testimony offered, including the Planning Commission’s recommendation and minutes, and after thoroughly

Page 3 of 34 ends

reviewing and considering the code amendments, the City Council approved the recommendation of the Planning Commission; and
WHEREAS, the City Council wishes to adopt the specified Code Amendments set forth in this Ordinance to encourage small business activities by removing certain prohibitions on portable food stands and certain forms of vending while still permitting regulation and enforcement of sidewalk vending and other similar activities to protect the public’s health, safety, and welfare.

OW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY ORDAIN AS FOLLOWS:

S ection 1. Recitals
The recitals set forth above are true and correct, and are hereby incorporated by this reference as if set forth in their entirety.

S ection 2. Additions, Deletions, and Revisions of Various Sections of Title 16 to the Victorville Municipal Code
Title 16 of the Victorville Municipal Code is hereby amended as described within the attac
hed Exhibit “A” (with included legend defining editing notes as well as existing, new, and deleted text by means of underscores, strikethroughs, and italicization for reference only), which Exhibit “A” is made a part of and incorporated into this Oridaince.

S ection 3. Educational/Informational Outreach
The Code Enforcement Department and the Business License Division shall conduct an educational/informational outreach program in both English and Spanish languages during the implementation and enforcement of this Ordinance with the specific outreach program measures to be determined by the City Manager or his/her designee.

S ection 4. California Environmental Quality Act.

The City Council finds that the adoption of this Ordinance will not have a significant effect on the environment and is exempt from CEQA under CEQA Guidelines sections Section 15061(b)(3) for the reasons described in the recitals of this Ordinance.

Page 4 of 34 ends

S ection 5. Repeal of Conflicting Provisions.

All ordinances of the City Council, or parts thereof that are inconsistent or otherwise conflict with any provision of this Ordinance are hereby repealed, but only to the extent of such inconsistency.

S ection 6. Severability.

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.

S ection 7. Effective Date.

This Ordinance shall take effect thirty (30) days after its final passage.

S ection 8. 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.

Page 5 of 34 ends

E
xhibit “A”
Legend
Existing Text
Deleted Text
Revised Text
New Text
{Editing Notes}
Chapter 1, Article 3, Title 16
S
ec. 16-1.03.010: - Definitions *Change*
For the purpose of the Development Code, hereinafter “the Code” or “this Code”, unless otherwise apparent from the context, certain words, terms and phrases used in this Chapter Title are defined in this Section.

Words used in the present tense include the future, words used in the singular number also include the plural, and words used in the plural number include the singular, unless the natural construction of wording indicates otherwise. The word "shall" indica tes a mandatory requirement, except as when used in connection with an action or decision of the Council or any City commission, board, or official, in which case the word "shall" shall be directory only.

Whenever used in this Chapter Title, the word "day" shall mean a calendar day.

Certified Farmers’
Market
means a farmers’ market certified as operating in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that Chapter.

Charity includes any nonprofit organization, trust or other person which solicits or obtains contributions solicited from the public for charitable purposes or holds any assets for charitable purposes. Charitable purposes include but are not limited to the improvement and advancement of public safety, education, religion, the prevention of cruelty to children and animals, any environmental protection and other benevolent purposes. Any Charity described herein must be exempt from taxation pursuant to California Revenue and Taxation Code Section 23701(d) or Internal Revenue Code Section 501(c)(3).

Page 6 of 34 ends

City Facilities means the public parks, public buildings, and public community facilities/centers owned and operated by the City, including the City Library, City Hall, and the various community, activity, and sports centers in the City.

Established Place
of Business
is a fixed place, location, or building, owned or leased by the person who uses such place, location, or building as his/her permanent place of business.

Food means any item provided in Health and Safety Code Section 113781, or any successor section, and includes a ny type of raw, cooked, or processed edible substance, including any food product or beverage.

Food Truck means a Mobile Vending Vehicle or motor vehicle -towed trailer located upon a street and going from place to place or that is operating on private property from a fixed location with an approved a Temporary Use Permit, which is engaged in vending where Food is cooked and/or prepared to order and is served to walk-up customers.

Health Department means the San Bernardino County Department of Environmental Health.

Ice Cream Truck a Mobile Vending Vehicle engaged in the curbside vending or sale of frozen or refrigerated desserts, confections, or novelties commonly known as ice cream, or prepackaged candies, prepackaged snack foods, or soft drinks, primarily intended for the sale to children under twelve (12) years of age as described in California Vehicle Code Section 22456.

Mobile Vehicle
Vendor
means any individual or entity who sells and makes immediate delivery, or offers for sale and immediate delivery, any food, beverages, goods, wares, or merchandise from a Mobile Vending Vehicle, including employees of Mobile Vehicle Vendors.

Mobile Vehicle
Vendor License
means the City business license required to be obtained by Mobile Vehicle Vendors as set forth in this Title.

Mobile Vending
Vehicle
any vehicle or motor vehicle, as those terms are defined in California Vehicle Code Sections 670 and 415 respectively, upon which food, beverages, goods, wares, or merchandise are sold, offered for sale, or distributed on any public street, alley, or private property. The term includes, without limitation, catering trucks, certain mobile food facilities and temporary food facilities, as well as Ice Cream Trucks and Food

Page 7 of 34 ends

Trucks as defined in this Section; however, additional specific regulations apply to Ice Cream Trucks and Food Trucks as set forth in this Title.

Peddler every person not having fixed place of business in the City who travels from place to place or has a stand upon any public street, alley or other public place, doorway of any building, unenclosed or vacant lot or parcel of land, who sells or offers for sale at retail any goods, wares or merchandise in his possession.

Pedestrian Path means a paved path or paved walkway, other than a sidewalk, that is owned by the City or another public entity and is specifically designed for pedestrian travel. The term Pedestrian Path shall not include any private property or areas not traditionally used or designated for pedestrian travel, such as bike-paths, streets, driveways, and public parking lots.

Police Department
and Chief of Police
shall mean respectively, the agency which performs the appropriate law enforcement function for the City and the head of the agency or division thereof which at the time involved has responsibility for performing the police function for, or within, the City.

Residential means any area zoned as residential within the City , including without limitation all Residential Districts outlined in Section 16-3.06.010 in Title 16 of this Code and the residentially designated areas of specific plan zoning districts within the City.

Roaming Sidewalk
Vendor
means a Sidewalk Vendor who moves from place to place and stops only to complete a transaction.

Sidewalk means that paved portion of a highway, other than the roadway, set apart by curbs, barriers, markings, or other delineation specifically designed for pedestrian travel and that is owned by the City or other public entity.

Sidewalk Vendor means a person who sells tangible goods such as food or merchandise from a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one’s person, upon a public Sidewalk or a Pedestrian Path. The term Sidewalk Vendor includes both a Roaming Sidewalk Vendor and a Stationary Sidewalk Vendor.

Sidewalk Vendor
Activity or
Sidewalk Vending
Activity
means actions that qualify a person as a Sidewalk Vendor or actions done in anticipation of becoming a sidewalk vendor such as, but not limited to, placement or maintenance of any Sidewalk Vendor Cart.

Page 8 of 34 ends

Sidewalk Vendor
License
means the City business license required to be obtained by all Sidewalk Vendors as set forth in this Title.

Seller’s Permit means a permit issued by the California Department of Tax and Fee Administration.

Stationary
Sidewalk Vendor
means a Sidewalk Vendor who Vends from a fixed location.

Solicitor means any person who goes from house to house, from business to business, or otherwise goes upon any private property in the City for the purpose of:
(1) taking or attempting to take orders for the sale of goods , merchandise, wares, magazines, or other personal or intangible property of any nature for future delivery, or for services to be performed in the future; or
(2) s elling or offering to sell and making immediate delivery of any goods, merchandise, wares, magazines, or other personal property of any nature or services of any kind or description; or (3) r equesting money, credit, funds, contributions, personal property or anything of value for a Charity for charitable purposes as defined herein.

The term "Solicitor" does not include a licensed Sidewalk Vendor or a licensed Mobile Vehicle Vendor as defined elsewhere in this Title.

Sidewalk Vendors are regulated by Chapter 7, Article 12 of this Title and Mobile Vehicle Vendors are regulated by Chapter 7, Article 13 of this Title. any person who does not have a place of business within this city, who goes from house to house or from place to place in the City, selling or taking orders for, or offering to sell or take orders for, goods, wares, or merchandise or any article for future delivery, or for service to be performed in the future, or for the making, manufacturing or repairing of any article or thing whatsoever for future delivery.

Swap Meet means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that Chapter, or any successor Chapter.
a Also means a grouping of vendor spaces located outside or within a permanent structure. The vendor spaces within a swap meet are typically smaller than 350 square feet in size and lack permanent enclosure walls.

Page 9 of 34 ends

Temporary Special
Permit
means a permit, other than a Sidewalk Vendor License, issued by the City for the temporary use of or encroachment on, the Sidewalk or other public area, including without limitation, an encroachment permit, a special event permit, a temporary event or similar permit, for purposes such as commercial filming, and City or privately sponsored parades, street fairs, outdoor concerts, festivals, and carnivals.

Vend or Vending means to sell, offer to sell, expose for sale, solicit offers to purchase, or barter food, goods, or merchandise for present delivery. Vending includes offering samples of products that are also for sale, negotiating fees for goods, and/or requesting donat ions in exchange for merchandise for present delivery.

Also means selling, offering for sale, or displaying or dispensing any food, beverages, goods, wares, or merchandise from any Mobile Vending Vehicle.

Vending Cart means any push cart, stand, booth, display, pedal -driven cart , wagon, showcase, rack, or other non-motorized conveyance used to conduct Sidewalk Vendor Activities that is not a vehicle or motor vehicle as defined in Sections 670 and 415 the California Vehicle Code.

Page 10 of 34 ends

Chapter 7, Title 16 – Business License Ordinance
Article 1 - Administration and Enforcement
S
ec. 16-7.01.160: - Violation of Chapter *Change*
(a) Criminal penalties. With the exception of Sidewalk Vendors as set forth in Article 12 of this Chapter, Aa ny person violating any of the provisions of this Title Chapter or knowingly or intentionally misrepresenting to any authorized officer of the City, any material fact in procurin g the l
icense or permit herein provided for, is guilty of a misdemeanor, and upon conviction thereof s
hall be subject to the penalty provisions in Chapter 1.04 or 1.05 of the Victorville Municipal Code. (b) A dministrative citations. In addition to any remedy provided at law or equity, and with the exception of Sidewalk Vendors as set forth in Article 12 of this Chapter, violations of any of the provisions of this Chapter may be subject to administrative citations and penalties in accordance with Chapter 1.05 of the Victorville Municipal Code.

Page 11 of 34 ends

Chapter 7, Title 16 – Business License Ordinance

Article 6: - Business Classifications

Sec. 16-7.06.110: - Vehicles for Hire, Service and Sales *Change*

(a) Vehicles for hire transport passengers who direct the route to be traveled over the streets, and do not operate over a fixed route, for compensation, including vehicles commonly known as taxicabs, limousines, shuttle services or sightseeing buses. These businesses shall be required to comply with the provisions of Section 16-7.04.020(b) and 16-7.08 Article 7 of this Chapter. (b) Vehicles for service are non-emergency medical transportation businesses whose vehicles are privately or publicly owned and specifically designed, constructed, modified, equipped, arranged, maintained and operated for the sole purpose of transporting those persons with special medical needs who require pre-arranged transportation for purposes prescribed by a health care provider. These businesses shall be required to comply with the provisions of Section 16-7.04.020(b) and 16-7.09 Article 8 of this Chapter.
(c) Vehicles for sales are mobile businesses Mobile Vehicle Vendors such as an Ice Cream sales Trucks or food trucks who’s whose primary operation is selling at retail or soliciting order of any goods, wares, or merchandise of any kind or nature. These businesses shall be required to comply with the provisions of Section 16-7.04.020(b) and (c), Section 16-3.07.050, and 16-7.10 Article 13 of this Chapter.

Sec. 16-7.06.115: - Sidewalk and Mobile Vehicle Vendors *Addition*

(a) Sidewalk Vendors must obtain a business license and comply with the provisions of Section 16-7.04.020(b) and Article 12 of this Chapter.

(b) Mobile Vehicle Vendors must obtain a business license and comply with the provisions of Sections 16-7.04.020(b) and (c) and Article 13 of this Chapter.

Sec. 16-7.06.120: - Solicitors / Peddlers *Change*

(a) Persons meeting the definition of a Solicitor (as set forth in Section 16-1.03.010 of this Title) are businesses that are required to comply with the provisions of Section 16-7.04.020(b) and Article 9 of this Chapter. The foregoing definition of a Solicitor shall be exclusive and controlling, and the fact that a Solicitor may have had previous contacts with the customer through the media of telephone, correspondence, advertising, or by person to person conversation, shall not affect his/her status as a Solicitor.

(b) “Solicitor” shall not include a person engaging in any of the following activities so long as the person is not requesting money, credit, funds, contributions, personal property or anything of value:

Page 12 of 34 ends

(1) communicating or otherwise conveying ideas, views or beliefs or otherwise disseminating oral or written information to a person willing to directly receive such information, provided that such information is of a political, religious, or charitable nature;
(2) seeking to influence the personal belief of the occupant of any residence or business in regard to any political or religious matter;
(3) a person seeking to obtain, from an occupant of any residence or business, an indication of the occupant’s belief in regard to any political or religious matter; (4) a person conducting a poll, survey, or petition drive in regard to any political matter; or (5) a person carrying, conveying, delivering or transporting newspapers or other goods to regular customers on established routes or to the premises of any person who had previously ordered such products or goods and is entitled to receive the same.

(c) Persons engaging in the activities described in Section 16-7.06.120(b)(1) – (4) shall comply with the provisions of Section 16-7.09.020.

Any person who does not have a regular established place of business and goes from place to place in the City, selling or taking orders for, or offering to sell or take orders for, goods, wares, or merchandise or who travels from place to place or has a stand upon any public street, alley or other public place, doorway of any building, unenclosed or vacant lot or parcel of land, who sells or offers for sale at retail any goods, wares or merchandise in his possession. These businesses shall be required to comply with the provisions of Section 16- 7.04.020(b) and 16-

7.10. Sec. 16-7.06.130: - Firearms, pawnshops, junk dealers, secondhand stores, etc. *Change*

(a) Retail sales sellers of firearms and (b) Jj unk dealers, secondhand dealers, automobile and truck wrecking or dismantling businesses, pawnbrokers (or similar business es where money is loaned on personal property for compensation) are These businesses that shall be required to comply with the provisions of Article 10 of this Chapter.

Sec. 16-7.06.140: - Massage *Change*

Any business using state licensed message technicians that administers to another person a massage, bath or health treatment involving massage or baths as the major function. These businesses shall be required to comply with the provisions of Section 16-7-11 Article 11 of this Chapter.

Sec. 16-7.06.150: - Exempt Businesses *Change*

(a) Nothing in this Chapter shall be deemed or construed to impose a fee or tax on any person transacting and carrying on any business exempt therefrom by virtue of the Constitution or applicable statutes of the United States or of the state of California. Any person claiming exemption pursuant to this Section shall file a sworn statement with the Code Enforcement Official Business License Division stating the facts upon which exemption is claimed, and in the absence of such statement substantiating the claim, such person shall be liable for the payment of the

Page 13 of 34 ends

fees imposed by this chapter. including documentation of registration with the California Attorney General for charitable organizations/institutions. The Code Enforcement Official City Manager or his/her designee shall, upon a proper showing contained in the sworn statement, issue a license to such person claiming exemption under this section without payment to the City of the business license fee required by this Chapter. The Code Enforcement Official City Manager or his/her designee, after giving notice and a reasonable opportunity for hearing to a licensee, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided herein:
(1)
Any institution or organization which is conducted, managed or carried on wholly for the benefit charitable purposes and from which profit is not derived, either directly or indirectly, by an individual; provided, that the applicant shall furnish proof to the Code Enforcement Official City Manager or his/her designee that such is the case; (2) Any enterprise or entertainment when the receipts derived therefrom are to be apportioned to any church or school or to any religious, benevolent or charitable purpose;
(3) Any person not having a fixed place of business within the City who is called upon to come to the City to render services to a department of the City; provided, that the applicant shall furnish proof to the Code Enforcement Official City Manager or his/her designee that such is the case; and that the proof can be verified by the requesting department;
(4) E
very honorably discharged or honorably relieved soldier, sailor or marine of the United States who is physically unable to obtain a livelihood by manual labor, may distribute circulars, and hawk, peddle and vend any goods, wares or merchandise owned by him, except alcoholic beverages and or liquor, without payment of any license fee whatsoever, providing proof of such physical disability is furnished to the Code Enforcement Official City Manager or his/her designee.

(b) Nothing in this Section 16-8.07.120 16-7.06.150 or any subsection hereof shall exempt any person applicant from complying with any of the regulatory measures or provisions of this Chapter save and exempt the payment of license fees required hereby. additional local, state, and federal regulatory requirements, approvals, provisions, and/or fees except for the payment of the business license fee.

(b) (c) Bingo. Nothing in this Chapter shall prohibit the holding of any bingo game, provided that the game is operated in compliance with the requirements of the Victorville Municipal Code, Chapter 13.15. Upon ascertaining compliance with Chapter 13.15, the City shall issue a business license to the organization. The city shall, upon compliance with Chapter 13.15 of the Victorville Municipal Code, issue a business license.

(d) Interstate commerce. None of the license fees provided for by this Chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by a licensee to place an undue burden upon such commerc e, the licensee he may apply to the Code Enforcement Official City Manager or his/her designee for an adjustment of the fee upon completion of conducting business in the City or within six months thereafter. The applicant shall, by affidavit and supporting testimony, show his method of business and the gross volume of business transacted within the City. The Code Enforcement Official or his/her designee, after obtaining approval of the City Attorney with regard to the qualification of the business as interstate commerce, shall compute the actual fee due based on that portion of the applicant's gross receipts resulting from business within the City and shall initiate a refund of

Page 14 of 34 ends

any portion of the original license fee paid after subtracting the actual fee due based upon gross receipts. The computation shall be based upon five- tenths percent of the total gross receipts resulting from business within the City. A minimum fee of five dollars shall be required and said fee shall not exceed the fee for similar businesses not engaged in interstate commerce.

Page 15 of 34 ends

Chapter 7, Title 16 – Business License Ordinance

Article 9: - Specially Regulated Business—Solicitors/Peddlers *Change*

Sec. 16-7.09.010: - Requirement of registration *Change*

(a) Except as may be set forth otherwise in this Article, every Solicitor must register with the Police Department of the City, apply for and obtain a business license, and pay the required business license fee pursuant to Section 16-7.06.020 prior to doing business in the City.

(b) Each applicant for registration hereunder shall be fingerprinted by City’s the Police Department or submit fingerprints through a live scan vendor for purposes of conducting a background check. Pursuant to California Penal Code Sections11105(b)(11) and 13300(b)(11), the City Council explicitly authorizes the Chief of Police to obtain such information as it relates to disqualifying convictions or conduct related to the crimes or offenses described in Section 16-

7.02.030(c). The Chief of Police, or his/her designee, shall furnish each applicant with a live scan request form for use at any live scan vendor location. Each applicant shall also furnish two photographs of himself/herself of a size and format satisfactory to the Police Department and the City’s Business License Division. One such photograph shall be attached at all times to the applicant's identification and registration card and the other shall be retained by the Business License Division. The identification and registration card shall bear the name of the applicant, the company or companies which he/she represents, and his/her photograph. It shall be carried on the person of the Solicitor and shall be displayed to all residents or businesses at the beginning of the period of solicitation.

(c) An Established Place of Business operating in the City may seek business using Solicitors who continuously comply with each of the following requirements:
(1) The Established Place of Business must be open to the public at least eight hours a day, five days a week;
(2) A floor salesperson or manager of said business of the company shall be present at all times when the place of business is open;
(3) S aid business or company shall have and maintain at said place a sign of not less than three square feet bearing the name of the business or company either on the front of the building or the side of building facing the street; (4) Each new Solicitor employed by the business shall be fingerprinted and furnish photographs to the City as set forth in subdivision (b) of this Section. Applicants or their Solicitor employees renewing a business license may be required to be fingerprinted prior to the renewal of their licenses.

Each solicitor and peddler who goes from house to house or from place to place, selling or taking orders for, or offering to sell or take orders for, goods, wares, merchandise or magazines, periodicals or publications or subscriptions for the same, or any article, right or privilege of value, for future delivery, or for service to be performed in the future, or for the making, manufacturing, or repairing of any article or thing whatsoever for future delivery (religious material and regularly

Page 16 of 34 ends

published newspapers excepted) or donations of any nature within the City is required to register with the police department of the City and to obtain a permit.

Each applicant for registration hereunder shall be fingerprinted by an employee. of the police department. One photograph shall be attached at all times to the applicant's identification and registration card and another photograph shall be retained by the police department. The identification and registration card shall bear the name of the applicant, the company or companies which he represents, and his photograph and right thumbprint. It shall be carried on the person of the applicant and shall be displayed to all residents at the beginning of the period of solicitation.

Sec. 16-7.09.020 – Solicitors and peddlers Other Restrictions on Solicitors *Change*

(a) No Solicitor shall ring the bell or knock on the door of any residence, dwelling, apartment, or business establishment or attempt to gain admittance thereto, whereon a sign is posted bearing the words "No Solicitors", or words of similar import indicating that Solicitors are not desired. (b) Solicitation in residential areas shall be prohibited between the hours of seven p.m. and eight a.m. Solicitation in non-residential areas shall be during business hours of solicited establishments.
(c) All orders taken by Solicitors shall be in writing in duplicate, stating the terms thereof, and the amount paid in advance, and one copy shall be given to the purchaser. (a) Peddlers. Every person engaging in the business of peddling any goods, wares, merchandise, fruits or vegetables shall procure a license and pay the business license tax in accordance with Section 7.06.020. Each such person shall furthermore register in accordance with Section 7.9.010 and comply with all of the regulations of said section. Peddling shall be prohibited between the hours of seven p.m. and eight a.m.

For the purpose of this section, "peddling" means and includes traveling or going from place to place, or from house to house, within the City, and peddling, hawking, vending or selling any goods, wares or merchandise, carried or caused to be carried or conveyed by or with the person peddling, hawking, vending or selling the same.
(b) Solicitors Not Having Regular Place of Business. Every person engaging in the business of soliciting shall procure a license and pay the business license tax in accordance with Section

7.06.020.

A "solicitor" within the meaning of this section means any person who does not have a regular established place of business within this city as hereinafter defined, who goes from house to house, or from place to place, in the City, selling or taking orders for, or offering to sell or take orders for, goods, wares or merchandise or any article for future delivery, or for service to be performed in the future, or for the making, manufacturing or repairing of any article or thing whatsoever for future delivery. The foregoing definition of a solicitor shall be exclusive and controlling, and the fact that a solicitor may have had previous contacts with the customer through the media of telephone, correspondence, advertising or by person to person

Page 17 of 34 ends

conversation, or that he may have been invited to the house or place, shall not be a defense to, or excuse for, a violation of any provision of this code, nor affect his status as a solicitor.

Application for the license provided for in this section shall be accompanied by a bond in the penal sum of five hundred dollars, executed by a surety company, or in lieu thereof, a cash bond of equal value, conditioned upon the making of final delivery of the goods, wares or service to be performed in accordance with the terms of such order. Any person aggrieved by the action of any such solicitor shall have a right of action on the bond for the recovery of money or damages or both. Such bond shall remain in full force and effect, and in case of a cash deposit, such deposit shall be retained by the City for a period of ninety days after the expiration of any such license. All orders taken by licensed solicitors shall be in writing in duplicate, stating the terms thereof, and the amount paid in advance, and one copy shall be given to the purchaser.

Each solicitor shall be fingerprinted by the police department and furnish photos satisfactory to the department. Solicitation shall be prohibited between the hours of seven p.m. and eight a.m. (c) Ice Cream Trucks. Mobile Ice Cream businesses do not have an established place of business and go from place to place selling packaged ice cream and other consumable packed goods via a vehicle or a push cart.

1. It is unlawful for any person to conduct mobile Ice cream sales from a vehicle or a mobile cart in the City without having first obtained a solicitors permit issued by the Police department.

The police department may refuse to issue a driver's permit for any of the following reasons:
a. If the applicant is under twenty -one years of age; b. If the applicant does not possess a valid drivers license c. If the applicant is convicted or has been convicted of reckless driving or a crime involving moral turpitude, or of driving under the influence of intoxicating liquors or narcotics; d. If the applicant violated any of the provisions of this chapter; e. If the applicant has been convicted of three or more moving violations constituting unsafe driving within a period of twelve months immediately preceding such action of the police department;
f. If the applicant does not test negative for each of the controlled substances specified in Title 49 of the Code of Federal Regulations, before employment or upon permit renewal, or at such other times as the City shall designate. All costs for testing shall be borne by the applicant or the employer.
g. The applicant has been convicted of or is under investigation of crimes that in the option of Chief of Police or his/ her designee posses a threat or create a substantial concern to the residents of the City.

2. Mobile Ice cream businesses shall not display, sale, transfer or offer any imitation firearms such as BB or pellet guns as stated in penal code section 12550- 12556.

3. Mobile Ice Cream businesses shall remain mobile and moving from place to place until the business has been solicited by a patron seeking to purchase merchandise from the mobile ice cream business. It is unlawful for a mobile ice cream business to park or stop for an extended

Page 18 of 34 ends

amount of time for any reason other than to complete a transaction with a patron who has solicited such a service.

Sec. 16-7.09.030: - Solicitor Exemptions *Change*

With the exception of the restrictions set out in Section 16-7.09.020, Tthe provisions of this section Article shall not apply to:
(a) A Solicitor who represents a bona fide Charity, fraternal, or religious organization which is exempt under the following provisions of this section. Section 16-7.06.150(a)(1) of this Chapter. (b) A disabled veteran who is exempt under the provisions of Section 16-7.06.150(a)(4) of this Chapter.
(c) Any bona fide nonprofit charitable, fraternal or religious institution or organization where the proceeds of the activity covered by the exemption are to be used for the lawful purposes of said organization; provided, however, that no exemption hereun der shall be valid unless application therefor has been made in writing to the City Clerk which certificate shall cover a period of not more than one year from date thereof, and shall be displayed or available for presentment to any enforcement officer of the City on request, on the premises covered by the certificate; provided further, that no exemption shall be granted hereunder to any person, firm, concern or organization who receives any financial share or interest in the activity proposed to be covered by the exemption, or the proceeds or income therefrom.
(d) A bona fide resident, as defined by the California Elections Code, shall be exempt from the fingerprinting requirement providing that all solicitors shall be required to wear and display an identification badge which is uniform in size, color and content and which has been approved by the City Clerk at the time of issuance of the certificate of exemption. (e) "Charity" includes any nonprofit organization, trust or other person which solicits or obtains contributions solicited from the public for charitable purposes or holds any assets for charitable purposes. Charitable purposes include but are not limited to the improvement and advancement of public safety, education, religion, the prevention of cruelty to children and animals, any environmental protection and other benevolent purposes. Any charity described herein must be exempt from taxation pursuant to California Revenue and Taxation Code Section 23701(d) or Internal Revenue Code Section 501(c)(3).

Page 19 of 34 ends

Chapter 7, Title 16 – Business License Ordinance

{Entire Article 12 is a new addition to Chapter 7 of Title 16}

Article 12: Specially Regulated Business – Sidewalk Vendors *Addition*

Sec. 16-7.12.010: - Purpose and Findings

(a) Purpose. The purpose of this Article is to establish Sidewalk Vendor business licensing and regulatory standards that comply with Senate Bill 946 (Chapter 459, Statutes 2018). The provisions of this Article allow the City to encourage small business activities by removing certain prohibitions on portable food stands and certain forms of vending while still permitting regulation and enforcement of unpermitted sidewalk vending activities to protect the public’s health, safety, and welfare.

(b) Findings. The City Council finds that:

(1) Prohibiting Sidewalk Vending in streets/roadways and on medians is necessary to protect the health and safety of Sidewalk Vendors, because they are at risk of being struck by vehicles and/or causing vehicular accidents if they vend in streets/roadways or on medians.
(2) Preventing Sidewalk Vendors from vending to persons in cars and other motorized vehicles, or from vending from the street or alley facing sides of their Vending Carts is necessary to protect the health and safety of Sidewalk Vendors, because they are at ri sk of being struck by vehicles and/or causing vehicular accidents when Sidewalk Vending Activities cause vehicles to suddenly stop or park illegally on City streets and disrupt the normal flow of traffic.
(3) Preventing sidewalk vendors from using sound amplifying devices is necessary to protect the welfare of residents and visitors to the City by preventing excessive noise from disturbing the peace and quiet of residential areas or from an accumulation of excessive noise in commercial and other areas. Amplified sound devices may also cause traffic hazards by distracting drivers resulting in automobile accidents and harm to pedestrians, so prohibiting their use is necessary for the health and safety of motorists and pedestrians. (4) The regulations specified in this Article, including, but not limited to those governing sidewalk Vending Cart sizes, distance requirements, and food and merchandise storage, are intended and necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards. (5) To protect the safety of children traveling to and from and in and around schools from potentially adverse safety impacts of traffic and sidewalk congestion, it is necessary to restrict sidewalk vendor activities during certain hours in such areas. (6) Restricting Sidewalk Vending Activities on Sidewalks or Pedestrian Paths that are immediately adjacent to portions of streets or highways that are designated by signs or red curb markings as "no stopping" or "no parking" zones and near certain public facilities is needed to prevent interference with the flow of pedestrian or vehicular traffic, including

Page 20 of 34 ends

ingress into, or egress from, any residence, public building, or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles. (7) Regulating Sidewalk Vending Activities is necessary to preserve reasonable access for the use and maintenance of sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, and mailboxes, as well as access to locations used for public transportation services. (8) The City further finds that the circumstances of Sidewalk Vending, where Sidewalk Vendors set up stands or move from place to place as Roaming Sidewalk Vendors, has the potential for Sidewalk Vendors to engage in illegal activities, including but not limited to the sale of illegal substances or merchandise or the sale of counterfeit products. To ensure the safety of residents and the merchantability of products sold by vendors without a fixed place of business, all Sidewalk Vendor License applicants, including all employees or Vending Cart operators, are required to undergo a fingerprinting background check to be conducted by the Police Department prior to being licensed.

Sec. 16-7.12.020 - Business License Required

No Sidewalk Vendor may Vend or operate anywhere within the City without first obtaining a Sidewalk Vendor License from the City. Each Sidewalk Vendor must comply with the terms and conditions set forth in his/her Sidewalk Vendor License issued by the City and those specified in this Article. Stationary Sidewalk Vendors may operate within the approved areas as stated in their City-issued Sidewalk Vendor Licenses.

Sec. 16-7.12.030: - Sidewalk Vendor License Application

(a) All business license applications must be completed online through the City’s designated business license application system (“License System”). To receive a Sidewalk Vendor License, applicants must provide the following to the City through the License System:
(1) A declaration that the information provided to the City in connection with the business license application is true and correct, to the best of the applicant's knowledge and belief;
(2) The applicant’s agreement to indemnify, hold harmless, and defend the City, its officials, employees, and agents from and against all liability, damage, loss or injury arising from the Sidewalk Vendor's conduct of Sidewalk Vending Activity; (3) An acknowledgement that use of public property is at the Sidewalk Vendor’s own risk, and that the City does not take any steps to ensure public property is safe or conducive to Sidewalk Vending Activity;
(4) The applicant’s agreement to comply with the provisions of this Article and all applicable provisions of the City's Municipal Code;
(5) All applicable documents described in Chapter 7, Article 3 of this Title (provided that a Sidewalk Vendor may submit a California driver’s license or identification number, an individual taxpayer identification number, a Seller’s Permit number, or a municipal identification number in lieu of a social security number, and any number so collected

Page 21 of 34 ends

shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the licensure program or comply with a state law or state or federal court order);
(6) A list of all applicable employees or Vending Cart operators; (7) A detailed description of the Food and/or merchandise to be sold; (8) The hours per day and the days per week during which the Sidewalk Vendor proposes to operate, and whether the Sidewalk Vendor intends to operate as a Stationary or a Roaming Sidewalk Vendor;
(9) Roaming Sidewalk Vendors shall specify the roaming route and proposed areas within which Sidewalk Vendor Activity will be conducted;
(10) A description (including dimensions) of all Vending Carts to be used when vending, to include photos of the sides, front and rear of each Vending Cart; (11) If the applicant will Vend food, copies of applicable permits issued by the Health Department (unless applicant is exempt from a Health Permit pursuant to California Health & Safety Code Section 114368. 1(a)) and certification that the Sidewalk Vendor will comply with all applicable laws regarding food vending; (12) Proof of general liability and other insurance coverages as deemed reasonably necessary to adequately protect the City in the types and amounts specified by the City’s Risk Manager;
(13) A copy of the Sidewalk Vendor’s current and valid Seller’s Permit; (14) Full payment of the applicable business license fees, as established by resolution of the City Council.

(b) In addition, prior to the issuance of a Sidewalk Vendor License, the applicant and each of applicant’s employees and/or Vending Cart operators shall cause to be filed with the Chief of Police, or his/her designee, a live scan background check conducted by the California Department of Justice within the previous six months of the application date. The Chief of Police, or his/her designee, shall furnish each applicant with a live scan request form for use at any live scan vendor location. Pursuant to California Penal Code Sections11105(b)(11) and 13300(b)(11), the City Council explicitly authorizes the Chief of Police to obtain such information as it relates to disqualifying convictions or conduct related to the crimes or offenses described in Section 16-7.12.040.

(c) The items listed in subdivisions (a) and (b) of this Section, together with the Sidewalk Vendor License renewal fee (as established by resolution of the City Council) must thereafter be provided annually to the City prior to the date the Sidewalk Vendor’s current Sidewalk Vendor License expires.

Sec. 16-7.12.040 - Criteria for Approval or Denial of License

(a) The City Manager , or his or her designee, shall approve the application for issuance of a Sidewalk Vendor License unless he or she determines that:

Page 22 of 34 ends

(1) Information contained in the application, or supplemental information requested from the applicant, is false in any material detail;
(2) The applicant has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents; (3) The applicant has failed to demonstrate an abi lity to conform to the operating conditions and standards set forth in Sections 16-7.12.070 through 16-7.12.100 of this Article;
(4) The applicant has failed to pay any previous administrative fines levied in accordance with Government Code Section 51039(a) ;
(5) The Chief of Police, after conducting a preliminary investigation to determine compliance with this Chapter, has found any of the following as a result of the live scan background check performed on the applicant and its employees:
(A) A conviction in a court of competent jurisdiction or a plea of nolo contendere to any felony offense involving the sale of a controlled substance specified in California Health and Safety Code sections 11054, 11055, 11056, 11057, or 11058 within three (3) years of the date of application; or (B) Active probation or parole status for any offenses set forth in this Section that was committed within three (3) years of the date of application; or (C) A conviction of a felony or misdemeanor involving a crime of moral turpitude within three (3) years of the date of the application; or (D) Registration under the provisions of California Penal Code section 290 (or an equivalent section in any other state) is required.

(b) If an application is denied, the basis for the denial shall be mailed to or delivered in writing to the applicant setting forth the reasons for the denial. If the denial is not appealed within ten (10) days as provided in Section 16-02.02.050 of this Title, the determination of denial shall become final and conclusive.

Sec. 16-7.12.050 License Rescission

The City Manager may rescind a Sidewalk Vendor License issued to a Sidewalk Vendor for the term of said license for a fourth violation or subsequent violation of this Article. A Sidewalk Vendor whose license is rescinded may apply for a new Sidewalk Vendor License upon the expiration of the term of the rescinded license.

Sec. 16-7.12.060 - Appeals

Any person aggrieved by the decision of the City Manager to issue , deny issuance, or rescind a Sidewalk Vendor License may appeal the decision to the Planning Commission in accordance with Sections 16-2.02.010 and 16-2.02.050 of this Title.

Page 23 of 34 ends

Sec. 16-7.12.070 - General Sidewalk Vendor Activity Operating Conditions; Prohibitions

(a) General Operating Conditions.
(1) Sidewalk Vending Activities are permitted in the City between the hours of 7 :00 a.m. and 10:00 p.m. daily, except as follows:
(A) In exclusively residential areas, only Roaming Sidewalk Vendors shall be permitted to operate. In such areas, Roaming Sidewalk Vendors may engage in Sidewalk Vending Activities only between the hours of 7:00 a.m. and 10:00 p.m. Roaming Sidewalk Vendors must move continuously except when necessary to complete a sale.
(B) In non-residential areas, the limit on hours of vending shall not be more restrictive than the hours of operation of other businesses or uses on the same street. (C) Hours may be expanded when events subject to the terms of a Temporary Special Permit and/or certain City-sponsored events are occurring. (D) During the execution of a Public Works maintenance or public benefit project that requires the sidewalk vendor vacate the area to allow the completion of a public works project.
(2) Stationary Sidewalk Vendors are prohibited from operating in areas that are zoned exclusively residential.
(3) Stationary Sidewalk Vendors must operate within the approved areas as stated in the issued Sidewalk Vendor License.
(4) All Sidewalk Vendors Vending food or any other item requiring a Health Department permit, must possess and display on his/her Vending Cart or on his/her person a valid permit issued by the Health Department.
(5) At all times, Sidewalk Vendors must possess and display in a conspicuous manner on his/her Vending Cart or on his/her person a valid Sidewalk Vendor License. If multiple Sidewalk Vendors are staffing a Vending Cart or working as Roaming Sidewalk Vendors, each person shall wear his/her license on his/her person in a conspicuous manner.
(6) No Advertising signs. No signs other than those approved in the Sidewalk Vendor License application (such as signs identifying the name of the products sold, the name of the vendor and/or the prices of products) are allowed. All signs must be attached to the approved Vending Cart with a sign area not to exceed three square feet for every linear foot of Vending Cart length. Signs with intermittent, flashing, moving, blinking lights, or varying intensity of light or color, are not permitted. (7) No Vending Cart, including any attachments thereto such as a litter receptacle or an umbrella, shall exceed four (4) feet in width, eight (8) feet in height, or eight (8) feet in length.
(8) No Vending Cart shall be chained or fastened to any utility pole, sign, tree, or other object in the public right-of-way or left unattended.
(9) No Vending Cart shall be stored, parked, or left overnight on or in any public street, Sidewalk, or City Facilities.
(10) All equipment installed in any part of the Vending Cart shall be secured in order to prevent movement during transit and to prevent detachment in the event of a collision

Page 24 of 34 ends

or overturn. All utensils shall be securely stored in order to prevent their being thrown from the Vending Cart in the event of a sudden stop, collision, or overturn. A safety knife holder shall be provided to avoid loose storage of knives. (11) Compressors, auxiliary engines, generators, batteries, battery chargers, gas -fueled water heaters, and similar equipment shall not create nuisance odors or noise above the allowable decibel level as provided in section 13.01.040 of the Victorville Municipal Code.
(12) Umbrellas used in connection with vending operations must be securely fastened and not exceed a heigh of eight (8) feet.

(b) Prohibitions. No Sidewalk Vendor shall:
(1) Operate within the portion of any public parking lot through which motor vehicles are expected to travel given the frequency of vehicle traffic and the prevention of vehicle on pedestrian traffic collision;
(2) Operate on or along any street or roadway that does not have a Sidewalk or Pedestrian path;
(3) Operate within 25 feet of a Sidewalk or Pedestrian Path that is adjacent to a portion of a street or highway and is designated by signs or red curb markings as a "no stopping" or "no parking" zone to prevent vehicle traffic from unlawfully stopping or parking and increasing the risk of traffic collisions;
(4) Sell food for immediate consumption unless there is a litter receptacle available for patrons’ use;
(5) Operate within 150 feet of the intersection of a street and a sidewalk or in any location that obstructs traffic signals or regulatory signs; (6) Leave any location without first disposing of all trash or refuse remaining from sales conducted. Trash and refuse generated by vending activities shall not be disposed of in public trash receptacles;
(7) Discharge solids or liquids to the street or a storm drain; (8) Allow any items or equipment relating to the Sidewalk Vending Activity, including any required litter receptacle, to be placed anywhere other than in, on, or under the Vending Cart;
(9) Set up, maintain, or permit the use of any additional table, crate, carton, rack, or any other device to increase the selling or display capacity of his/her Vending Cart where such items have not been described in the Sidewalk Vendor License application; (10) Operate upon or within any street or roadway, any street or roadway median strip (whether or not said median strip is landscaped), or any street/roadway dividing strip; (11) Operate within five hundred feet of any freeway on-ramp or off-ramp; (12) Engage in the vending of alcohol, cannabis, cannabis products, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or cannabis, or adult-oriented material depicting, describing, or relating to sexual activities; (13) Sound or permit the sounding of any device that produces a loud and raucous noise or any noise in violation of the City’s noise ordinance, or use or operate any loudspeaker, public address system, radio, sound amplifier, or similar device to attract

Page 25 of 34 ends

the attention of the public, or use any lighting effect that is intermittent, flashing, moving, blinking or emits a varying intensity of light or color; (14) Operate without the insurance coverage specified in this Article; (15) Operate within 50 feet of a fire hydrant or 25 feet of a transit stop; (16) Solicit or conduct business with persons in motor vehicles or Vend from the exposed street or alley and/or traffic side of the Vending Cart; (17) Operate in a manner that does not maintain four (4) feet of clear space on a Sidewalk or Pedestrian Path, including any customer queuing area, or in a manner that impedes access to or restricts the free use of abutting property, including, but not limited to, residences and places of business in accordance with the American with Disabilities Act (ADA);
(18) Operate within 50 feet of the outer edge of a driveway or vehicular entrance to public or private property;
(19) Operate within 500 feet of a Certified Farmers’ Market or Swap Meet during the operating hours of that Certified Farmers’ Market or Swap Meet; (20) Operate in any manner or location that blocks any citizen or service entry or exit from any business or residence;
(21) Operate in or within 500 feet of an area designated for use by a Temporary Special Permit or an event conducted or sponsored by the City, including but not limited to the annual Fall Festival, Spring Festival, Holiday Parade, Tree Lighting and Veterans’ Day Parade; provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the City’s Temporary Special Permit or regarding City conducted/sponsored events, shall also be provided to any Sidewalk Vendors specifically permitted to operate in the area. A prohibition of Sidewalk Vendors pursuant to this subsection shall only be effective for the limited duration of the Temporary Special Permit, or the City conducted/sponsored event; (22) Operate within 500 feet of any public or private school grounds between the hours of 7:00 a.m. and 5:00 p.m. on days that the school is open to students; (23) Operate in violation of any other generally applicable law; (24) Use an electrical outlet or power source that is owned by the City or another person other than the Sidewalk Vendor.
(25) Engage in the renting of merchandise to customers; (26) Vend services;
(27) Use an open flame on or within any Vending Cart;

Page 26 of 34 ends

Sec. 16-7.12.080: - Sidewalk Vending in City Facilities

In addition to the operating conditions and prohibitions set forth in Section 16-7.12.070 and in the interest of ensuring adequate access or use is available to individuals seeking services from City departments, Sidewalk Vendors operating in City Facilities must also comply with the following:
(a) Sidewalk Vendors shall be permitted to operate only on Sidewalks and Pedestrian Paths in City facilities;
(b) Sidewalk Vendors shall be permitted to operate only during the hours such City facilities are open to the public;
(c) Stationary Sidewalk Vendors shall not Vend in any City facilities where the City or facility operator has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire.
(d) In City facilities, no Sidewalk Vendor may engage in Sidewalk Vending Activities:
(1) within 50 feet of any other Sidewalk Vendor;
(2) on, or within 25 feet of, any sports field, building, recreation center, bathroom structure or playground equipment area;
(3) that utilize any bench, table, barbeque pit, covered gathering area, or other publicly-owned structure or amenity in the City facility any way as part of Sidewalk Vending Activities;
(4) within 25 feet of any bench, table, barbeque pit, covered gathering area, statue, monument, art installation, or other publicly-owned structure or amenity in the City facility;
(5) in a manner that blocks sidewalks or pedestrian paths or restricts pedestrian and wheelchair/ADA clearance;
(6) in a manner where a Vending Cart touches or leans against any lamp post, tree, plant, planter box, rock formation, building, or trash receptacle; (7) in any parking lots, on grass areas, or on bicycling paths;

Sec. 16-7.12.090 - Additional Operating Conditions for Stationary Sidewalk Vendors Vending Food

In addition to the operating conditions and prohibitions specified in Sections 16-7.12.070 and 16-

7.12.080, Stationary Sidewalk Vendors vending food must operate within 200 feet of an approved and readily-available toilet and handwashing facility for employees and customers. If the facility is located on private property, the Sidewalk Vendor must possess a copy of an enforceable contract between the private property owner and the Sidewalk Vendor allowing the Vendor to utilize such facilities, including the days and hours of operation. Proof of authorized access to facilities must be provided prior to license issuance.

Section 16-7.12.100 - Adoption of Additional Regulations

The City Council may by resolution or ordinance adopt additional operational conditions or requirements regulating the time, place, and manner of Sidewalk Vending in the City which are consistent with Government Code Section 51038.

Page 27 of 34 ends

Section 16-7.12.110 - Exemptions

The provisions of this Article 12 shall not apply to, nor shall a Sidewalk Vendor License be required for any of the following activities:
(a) Any vending pushcart or other device owned or operated by any public agency; (b) Persons delivering goods, wares, merchandise, fruits, vegetables, or foodstuffs upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution;
(c) An approved participant in a Certified Farmers’ Market; (d) Catering for private parties held exclusively on private property and not open to the general public;
(e) An approved participant in a community event authorized by the City; (f) An event at a school facility or an assembly use facility, if the vendor is operating in partnership with the organization conducting the event and is located on the site of the event (i.e., not in the public right-of-way);
(g) An individual or organization vending items that are inherently communicative and have nominal utility apart from its communication (e.g., newspapers, leaflets, pamphlets, buttons, etc.).

Sec. 16-7.12.120 - Violations and Penalties

(a) Violations of this Article that occur within the public right-of-way shall not be prosecuted as infractions or misdemeanors and shall only be subject to the issuance of Notices of Violation and Administrative Citations pursuant to Chapter 1.05 of the Victorville Municipal Code, except that notwithstanding Section 1.05.110 of said Code, the administrative fines and other penalties for violations of this Article (other than failure to obtain/maintain a valid Sidewalk Vendor License as set forth in subdivision (b) below) shall be as follows:
(1) A fine not exceeding one hundred dollars ($100) for a first violation. (2) A fine not exceeding two hundred dollars ($200) for a second violation within one (1) year of the first violation.
(3) A fine not exceeding five hundred dollars ($500) for each additional violation within one (1) year of the first violation.
(4) Rescission of a Sidewalk Vendor License for the term of said license upon a fourth violation or subsequent violations.

(b) If a Sidewalk Vendor violates any portion of this Article and cannot present the citing officer with a proof of a valid Sidewalk Vendor License, the Sidewalk Vendor shall instead be assessed administrative fines in the following amounts:
(1) A fine not exceeding two hundred fifty dollars ($250) for a first violation. (2) A fine not exceeding five hundred dollars ($500) for a second violation within one (1) year of the first violation.
(3) A fine not exceeding one thousand dollars ($1,000) for each additional violation within one (1) year of the first violation.

Page 28 of 34 ends

(c) Upon proof of a valid Sidewalk Vendor License issued by the City, the administrative fines set forth in Subsection 16-7.12.120(b) shall be reduced to the administrative fines set forth in Subsection 16-7.12.120(a).

(d) All fines imposed on a Sidewalk Vendor pursuant to this Section 16-7.12.120 shall be subject to an ability -to-pay determination as described in California Government Code section 51039(f). Concurrently with issuing an administrative citation for such fines to a Sidewalk Vendor, the City shall provide the Sidewalk Vendor with notice of his/her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination.

(e) Administrative citations may be appealed pursuant to the procedures set forth in Section

1.05.090 of the Victorville Municipal Code, except that the following additional provisions shall apply with respect to the assessment of an administrative fine upon a Sidewalk Vendor:
(1) The Hearing Officer has the power to reduce the fine based upon the person's ability to pay the fine.
(2) If the Hearing Officer finds the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, or any successor section, the Hearing Officer, shall order the City to accept, in full satisfaction, twenty percent (20%) of the administrative fine imposed pursuant to this Section.
(3) The Hearing Officer may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

Page 29 of 34 ends

Chapter 7, Title 16 – Business License Ordinance

{Entire Article 13 is a new addition to Chapter 7 of Title 16}

Article 13: Specially Regulated Business – Mobile Vehicle Vendors *Addition*

Sec. 16-7.13.010: - Purposes and Intent

The City finds that the vending of produce, prepared or prepackaged foods, goods, and/or wares from motor vehicles temporarily parked on public streets or alleys and on private property may pose unsafe conditions and special dangers to the public health, safety and welfare of the residents of the City. It is the purpose of this Article to provide clear and concise regulations governing these types of motor vehicular mobile vending operations to prevent safety, traffic, and health hazards, and to preserve the peace, safety and welfare of the City and its residents.

Sec. 16-7.13.020 – Mobile Vehicle Vendor License Required

No Mobile Vehicle Vendor may vend or operate anywhere within the City without first obtaining a Mobile Vehicle Vendor License from the City. Mobile Vehicle Vendors must comply with the terms and conditions set forth in the Mobile Vehicle Vendor License and within this Article.

Sec. 16-7.13.030 - Mobile Vehicle Vendor Business License Application

(a) All business license applications must be completed online through the City’s designated business license application system (“License System”). To receive a Mobile Vehicle Vendor License, each prospective Mobile Vehicle Vendor must provide the following items to the City through the License System:
(1) All applicable documents described in Chapter 7, Article 3 of this Title; (2) A list of all applicable employees and/or Mobile Vending Vehicle licensed drivers; (3) A description of the food and/or merchandise to be sold; (4) Intended locations, days, and hours of operation;
(5) A description of all Mobile Vending Vehicles to be used when vending, to include color photos of the sides, front and rear of the vehicles, and license plate numbers; (6) If the applicant will Vend Food, copies of applicable permits issued by the Health Department and certification that the Mobile Vehicle Vendor will comply with all applicable laws regarding Food Vending;
(7) Proof of general liability, automobile liability, and such other insurance coverages in the amounts and types specified by the City’s Risk Manager; (8) Proof that each Mobile Vending Vehicle is properly registered with California Department of Motor Vehicles;
(9) A copy of the Mobile Vehicle Vendor’s current and valid Seller’s Permit; (10) A declaration that the information provided to the City in connection with the Mobile Vehicle Vendor License application is true and correct; (11) Full payment of the applicable Mobile Vehicle Vendor License fees, as set by Resolution of the City Council.

Page 30 of 34 ends

(b) Mobile Vehicle Vendors intending to operate on private property must also provide the following:
(1) a copy of the property owner’s written authorization to vend in the specified location and approval of land use entitlements as prescribed in Chapter 3 of this Title; (2) A site plan, drawn to scale and with dimensions, indicating the location of all existing buildings, structures, driveways, parking spaces, traffic controls, and improvements and the location where the proposed vending activity will be located on site, and demonstrating that there will be adequate ingress and egress to the site and that the mobile vending activity will have adequate parking and not utilize parking otherwise required for any business located at the site;

(c) In addition, prior to the issuance of a Mobile Vehicle Vendor License, the applicant and each of applicant’s employees and/or operators of Mobile Vending Vehicles shall cause to be filed with the Chief of Police, or his/her designee, a live scan background check conducted by the California Department of Justice within the previous six months of the application date. The Chief of Police, or his/her designee, shall furnish each applicant with a live scan request form for use at any live scan vendor location. Pursuant to California Penal Code Sections11105(b)(11) and 13300(b)(11), the City Council explicitly authorizes the Chief of Police to obtain such information as it relates to disqualifying convictions or conduct related to the crimes or offenses described in Section 16-7.13.040.

(d) The above information and the Mobile Vehicle Vendor License renewal fee (as established by resolution of the City Council) must thereafter be provided annually to the City prior to the date the Mobile Vehicle Vendor’s current Mobile Vehicle Vendor License expires.

Sec. 16-7.13.040 - Criteria for Approval or Denial of License

(a) The City Manager, or his or her designee, may deny the application for issuance of a Sidewalk Vendor License if he or she determines that:
(1) Information contained in the application, or supplemental information requested from the applicant, is false in any material detail;
(2) The applicant has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents; (3) The applicant has failed to demonstrate an abi lity to conform to the operating conditions and standards applicable to the particular type of Mobile Vehicle Vendor License for which vendor has applied, as set forth in Sections 16-7.13.050 through 16-

7.13.080 of this Article;
(4) The applicant has previously violated any provisions of this Article or this Chapter; (5) The Chief of Police, after conducting a preliminary investigation to determine compliance with this Chapter, has found any of the following as a result of the live scan background check performed on the applicant or its employees:

Page 31 of 34 ends

(A) A conviction in a court of competent jurisdiction or a plea of nolo contendere to any felony offense involving the sale of a controlled substance specified in California Health and Safety Code sections 11054, 11055, 11056, 11057, or 11058 within three (3) years of the date of application; or (B) Active probation or parole status for any offenses set forth in this Section that was committed within three (3) years of the date of application; or (C) A conviction of a felony or misdemeanor involving crime of moral turpitude within three (3) years of the date of the application; or (D) If the application is for a driver/operator of a Mobile Vending Vehicle, conviction of alcohol or drug related traffic offenses;
(E) Registration under the provisions of California Penal Code section 290 (or an equivalent section in any other State) is required.

Sec 16-7.13.050 - Mobile Vehicle Vendor Operational Regulations and Requirements

(a) No Mobile Vehicle Vendor shall:
(1) Vend when the Mobile Vending Vehicle is in motion. Vending can only take place when the vehicle is lawfully parked or stopped.
(2) Vend from the side of the Mobile Vending Vehicle towards moving traffic. Vending can only take place from the side of the vehicle away from moving traffic and as near as possible to the curb or edge of the right-of-way.
(3) Vend to a person standing in the street or roadway. (4) Vend on a street or roadway unless there is a clear view from the Mobile Vending Vehicle for a distance of at least 200 feet in each direction. (5) Stop on the left side of a one-way street to vend.
(6) Back up the Mobile Vending Vehicle on a public street or roadway to make or attempt a sale.
(7) Vend from any street parking space other than a space parallel to the curb. (8) Operate from any vehicle not licensed by the Department of Motor Vehicles.

(b) Unauthorized riders on Mobile Vending Vehicles prohibited:
(1) The Mobile Vehicle Vendor must not permit any unauthorized person to ride in or on the Mobile Vending Vehicle.
(2) No person shall ride in or on a Mobile Vending Vehicle unless such person:
(A) is employed by the owner of the Mobile Vending Vehicle business, (B) is authorized in writing to do so by the owner of the Mobile Vending Vehicle business; or
(C) has received permission through the application process in this Article.

Page 32 of 34 ends

(D) All persons licensed by the City to operate a Mobile Vending Vehicle must be at least 18 years of age and possess a valid, unexpired California Driver’s License.

Sec 16-7.13.060 – Mobile Vehicle Vendor Standards, Conditions and Requirements

All Mobile Vehicle Vendors shall comply with the following standards, conditions and requirements:
(a) Location:
(1) No Vending shall occur within ten (10) feet of a fire hydrant, fire escape, building entrance, bus stop, loading zone, handicapped parking space or access ramp, or driveway. A greater distance or separation from other uses may be required under the conditions imposed on a Mobile Vehicle Vendor License, in order to preserve line-of-sight, or for other safety reasons;
(2) No vending shall occur within three hundred (300) feet of the grounds of any elementary or junior high school;
(3) No vending shall occur within five hundred (500) feet of a freeway entrance or exit;
(4) Vendors shall not stop in any single location for more than one and one-half hours in any twenty-four-hour period;
(5) Vending at any City park, recreational facility, or sports complex is permitted only upon the prior written authorization from the City’s Director of Community Services or pursuant to a Temporary Special Permit in accordance with Victorville Municipal Code Section 14.04.040(n).

(b) Design and Operating Standards, condition/appearance of site and Mobile Vending Vehicle:
(1) The Mobile Vehicle Vendor shall maintain the area within which vending activities occur in a clean, safe and sanitary condition;
(2) No tables, chairs, fences, shade structures, other site furniture, or any freestanding signs shall be permitted in conjunction with the vending operation; (3) Should any site improvements be needed for ongoing vending operations, the Mobile Vehicle Vendor shall be required to apply for appropriate permits to ensure building and public safety and consistency with applicable building and zoning regulations;
(4) The Mobile Vehicle Vendor shall not attach or use any water lines, electrical lines or gas lines during vending operations; and
(5) Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise associated with the Mobile Vending Vehicle is prohibited; (6) Mobile Vehicle Vendors shall display, in plain view and at all times, current permits and licenses in or on their Mobile Vending Vehicles; (7) All Mobile Vending Vehicles shall be clean and in good repair; (8) Mobile Vehicle Vendors shall not discharge items from any Mobile Vending Vehicle onto the sidewalk, gutter, storm inlets or drains, or streets; and

Page 33 of 34 ends

(9) The width, length, and height of all Mobile Vending Vehicles and devices shall be subject to review as part of consideration of the Mobile Vehicle Vendor License.

(c) Hours of operation: Mobile Vehicle Vending shall be conducted between the hours of 7:00 a.m. and 10:00 p.m. All Vending operations shall comply with the City's noise ordinance.

(d) Lighting: The Mobile Vehicle Vendor shall provide adequate lighting to ensure customer safety. Lighting shall be directed downwards and away from public streets and adjacent properties.

(e) Obstructions, hazards: No Mobile Vehicle Vendor shall obstruct vehicular traffic, bicycle traffic, sidewalk pedestrian traffic, or accessibility to vehicles parked adjacent to a curb, and shall not create public health or safety hazards.

(f) Parking: Prior to issuance of the Mobile Vehicle Vendor License, the City shall confirm that an acceptable area for customer parking exists or shall specifically exempt the Mobile Vehicle Vendor from this requirement due to the nature and/or location of the use. If the Vending will occur on private property, the City shall determine that there will be adequate ingress and egress to the site, and that the vending operation will have adequate parking and not utilize parking otherwise required for any business located on the site. Parking for the Mobile Vehicle Vendor shall be specified in compliance with the Mobile Vehicle Vendor License. The vendor shall not indicate exclusive roadway parking or reserve any public parking area for the vendor's customer parking.

(g) Exceptions: Exceptions to increase length of time for Vending in a single location or daytime hours for special events are to be filed with the Zoning Administrator as part of the business’s Temporary Use Permit and considered on an individual basis.

(h) Other applicable regulations: Each Mobile Vehicle Vendor shall comply at all times with all applicable federal, state, county, City, and other local laws and regulations.

Sec. 16-7.13.070 – Special Regulations for Ice Cream Trucks

(a) All Ice Cream Trucks must be equipped at all times with signs mounted on both the front and the rear and clearly legible from a distance of 100 feet under daylight conditions, incorporating the words “WARNING” and “CHILDREN CROSSING.” Each sign shall be at least 12 inches high by 48 inches wide, with letters of a dark color and at least four inches in height, a one- inch solid border and a sharply contrasting background.

(b) No person shall vend any item other than prepackaged food from an Ice Cream Truck unless applicable health permits have been obtained.

Page 34 of 34 ends

(c) Ic e Cream Trucks shall stop and vend only at the request of a customer. Absent an actual customer, Ice Cream Trucks shall not stop and vend.

Sec 16-7.13.080 – Food Truck Operations
Provided a Mobile Vehicle Vendor License has been obtained in accordance with the provisions of this Article, Food Trucks may operate within the City with an approved Temporary Use Permit, issued pursuant to Article 4 of Chapter 3 of this Title and subject to the restrictions on such temporary uses in Section 16-3.07.050.

Sec 16-7.13.090 - Exemptions
A Mobile Vehicle Vendor License is not required for the following activities:
(1) The s ale of agricultural products on the site where the product is grown; (2) C atering for private parties held exclusively on private property and not open to the general public;
(3) P ermitted community events such as, but not limited to, Certified Farmers’ Markets , crafts fairs, street fairs, and other special events approved and designated by the City (provided a Temporary Use Permit is obtained pursuant to Title 16, Chapter 3, Article 4 of this Code); and
(4) D elivery activities of any establishment with a fixed place of business, which has a valid City business license for such fixed place of business, and only delivers its products, services, or goods to a specified address in response to a customer request, order, or invoice previously placed through that fixed place of business.

Sec. 16-7.13.100 - Indemnity
As a condition of issuance of a Mobile Vehicle Vendor License, the applicant shall agree to indemnify, hold harmless, and defend the city and its officials, employees, and agents from and against all liability, damage and/or loss arising from the conduct of Mobile Vehicle vending activities by the vendor, its employees, and agents.

Sec. 16-7.13.140 – Violations; Penalties
Any person violating any of the provisions of this Article or knowingly or intentionally misrepresenting to any authorized officer of the City any material fact in procuring the License herein provided for shall be subject to the penalties set forth in Section 16-7.01.160 of Chapter 7.

Item Number: 12
City Council / Board of Directors
Consent Calendar
Meeting of: March 5, 2024
Submitted By:

William Racowschi, Fire Chief

Subject:

Fire Department Newsletter
Recommendation:

That the Honorable Council review and file the attached Fire Department Newsletter.

Fiscal Impact:

There is no fiscal impact associated with this item.

Strategic Plan Goal:

This item aligns with Strategic Plan Goal F, "Communication and Outreach - Build strong connections with community partners, residents, and employees". We hope to provide more insight to our community of what our Fire Department accomplishes in a monthly basis by presenting this newsletter.

Background:

Staff has compiled the attached Fire Department Newsletter for the month of January 2024.

Discussion:

The attached Fire Department Newsletter includes call response statistics, Fire Prevention updates, department activity updates and various helpful information from the department.

Attachments: A. Fire Department Newsletter
Attachment A
Fire Department Newsletter

Item Number: 13
City Council / Board of Directors
Written Communications
Meeting of: March 5, 2024
Submitted By:

Fredy Bonilla, City Engineer

Subject:

Approval of Agreements with Five (5) Consultants for On-Call Geotechnical and Engineering Testing Services
Recommendation:

That the Honorable City Council approve a Consultant / Professional Services Provider Agreement with five (5) consultants: 1) Merrell Johnson Geotechnical, Inc., 2) Geocon West, Inc., 3) RMA Group, 4) Ninyo & Moore Geotechnical and Environmental Sciences Consultants, and 5) Fenagh, Inc., in an amount not to exceed $250,000 each for on-call geotechnical and engineering testing services over the initial term of two years.

Fiscal Impact:

This action may result in a fiscal impact of $625,000 per year contingent upon the level and extent of services required for budgeted infrastructure capital improvement projects.

The compensation for services potentially to be provided by each consultant will be no more than $125,000 per year over the initial two-year term. A total aggregate contract amount of $500,000 per consultant may be expended over a four-year period if the City agrees to two (2) allowable one-year extensions.

Services will be provided on an as-needed basis, and they will be budgeted with each capital improvement project.

Strategic Plan Goal:

This agreement aligns with Goal E Invest in Infrastructure in the City of Victorville Strategic Plan 2023-2026 by providing professional services for the development and construction of infrastructure projects.

Background:

In January of 2024, the Engineering Department requested a Statement of Qualifications (SOQ) for consideration from interested engineering firms to provide On-Call 3 5
3 8
Geotechnical and Engineering Testing Services to assist with a variety of potential projects. The scope of work may include preliminary investigations, evaluation of existing transportation infrastructure, and construction inspection of various capital improvement projects. The City does not maintain staff for these specialized services due to the fluctuating workload and need.

The majority of the work potentially to be assigned will be for construction support including inspection and quality assurance testing of soils, aggregates and concrete mixtures utilized in capital improvement projects managed by the Engineering Department. The agreements may additionally be utilized by other City departments requiring professional geotechnical services as an on-call alternative to the issuance of a project specific request for qualifications.

Depending upon the City’s workload, the consultants may or may not be called upon to provide services within the agreement term. Consultants who have entered into an agreement with the City will receive a request for a quote to provide an estimated cost for individual projects for budgeting purposes. The consultants may be assigned projects that are discrete, short-term jobs or may be part of a larger public works project that could span weeks to months. Construction management costs for consultant work will be estimated and included for each capital improvement project in the annual budget approved by the City Council or by a budget amendment and creation of a new capital improvement project.

Discussion:

A Request for Qualifications (RFQ) was issued using procedures in accordance with Municipal Code Section 2.28.280. On January 26, 2024, the RFQ was issued and geotechnical consulting companies were notified. On February 23, 2024, twelve (12) companies submitted their SOQ. Each proposal was reviewed by a selection committee composed of five individuals from the Engineering Department. The selection of the consultants was based on demonstrated expertise, experience, references, staffing, capability, and local presence in providing support and to best meet the needs of the City.

Staff determined that Merrell Johnson Geotechnical, Inc., Geocon West, Inc., RMA Group, Ninyo & Moore Geotechnical and Environmental Sciences Consultants and Fenagh, Inc., best meets those needs.

From the top five consultants selected, the water division of the Engineering Department currently holds an agreement with Fenagh, Inc., for on-call material testing services for water related capital improvement projects. Additionally, Ninyo & Moore holds an agreement with the City for a groundwater remediation project on 8 th Street in Old Town Victorville. These agreements are limited in scope of work and to specific departments or divisions wherewith they cannot be utilized by other City departments for other work than their intended purpose.

Staff recommends that the City Council approve Consultant / Professional Services Provider Agreements with: 1) Merrell Johnson Geotechnical, Inc.; 2) Geocon West, Inc.; 3) RMA Group; 4) Ninyo & Moore Geotechnical and Environmental Sciences Consultants; 3 5
3 8
and 5) Fenagh, Inc., in an amount not to exceed $250,000 each for on-call geotechnical and engineering testing services over the initial term of two years.

Staff remains available for any questions Council may have.

Attachments: A. Agreement – Merrell Johnson Geotechnical, Inc.

B. Agreement – Geocon West, Inc.

C. Agreement – RMA Group
D. Agreement – Ninyo & Moore Geotechnical and Environmental Sciences Consultants
E. Agreement – Fenagh, Inc.

ATTACHMENT A
1 Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2

CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE
AND
MERRELL JOHNSON GEOTECHNICAL, INC.

FOR

ON-CALL GEOTECHNICAL AND ENGINEERING TESTING SERVICES,
PROJECT CC24-068-2

THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), dated this _____ day of ____________________, 20__ for reference purposes only, is made and entered into by and between THE CITY OF VICTORVILLE, a California charter city and municipal corporation, hereinafter referred to as the “City”, and Merrell Johnson Geotechnical, Inc., a California corporation, hereinafter referred to as “Consultant.” City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties.”

RECITALS:

WHEREAS, the City requires Consultant/Professional Services to provide On-Call Geotechnical and Engineering Testing Services as described in the Request for Qualifications (“ RFQ”) issued for Project No. CC24-068-2 (the “Project”); and

WHEREAS, Consultant provided a response to the RFQ for said Project and following an evaluation process was selected by the City to be a provider of On-Call Geotechnical and Engineering Testing Services; and

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

WHEREAS, City does not have the personnel, specialized equipment, or technical expertise able to perform the work and services contracted for herein.

WHEREAS, in light of the facts set forth above, the City desires to retain the services of a qualified Consultant to provide, on an independent contractor basis, On-Call Geotechnical and Engineering Testing Services.

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

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE

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

Section 1. RECITALS

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

2 Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2

Section 2. SCOPE OF SERVICES; NON-EXCLUSIVE AGREEMENT

a. Subject to subsequently-executed work authorizations, which may take the form of City purchase orders or task orders, dependent upon the scope and nature of the work, Consultant shall provide to the City those services set forth in the Scope of Services, attached hereto as Exhibit “A” and incorporated as part of this Agreement by this reference, on an on- call, per request basis. In the event of a conflict with or inconsistency between the terms of this Agreement and Exhibit “A”, the provisions of this Agreement shall prevail, and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this Agreement. Consultant’s obligations hereunder shall further include all terms and conditions set forth in the RFQ for the Project identified in the above Recitals (including any City-issued Addenda pertaining thereto). Said RFQ is incorporated and made part of this Agreement by this reference.
b. Consultant acknowledges that this Agreement is non-exclusive, and that City may enter into agreements with others for services similar to those specified in this Agreement.

Section 3. COMPENSATION; SUBSEQUENT ON-CALL AUTHORIZATION(S)

a. Compensation to Consultant shall not exceed the sum of One Hundred Twenty -five Thousand and 00/100 Dollars ($125,000.00) during the Initial Term, with an aggregate total contract amount of Five Hundred Thousand and 00/100 Dollars ($500,000) if both one- year extensions are granted. However, actual payment of compensation to Consultant will only be made based upon the City’s subsequent request(s) for work/services or per project requests for quotes as set forth in Section 4, below.

b. No expense reimbursements, including, but not limited to, reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless such expense reimbursements: (i) are specifically provided for and described by nature and type in Exhibit “B”; (ii) appear on Consultant’s monthly invoices to City; (iii) are supported by the appropriate receipts and other such documentation as the City shall require; and (iv) are directly related to the Scope of Services to be performed under this Agreement (as limited by subsequent requests for work/services or per-project agreements issued in the manner set out in the RFQ and herein). In addition, any and all reimbursements shall be made in accordance with any City policy governing same.

Section 4. FEE SCHEDULE

a. The City shall pay Consultant based upon Consultant’s Fee Schedule attached hereto as Exhibit “B”, but only for such services/work as are authorized by subsequently executed work authorizations, which may take the form of City purchase orders or task orders. b. City may request that Consultant perform non -complex or limited duration on- call work/services (which shall be performed at the rates set forth in the attached Exhibit “B”) or may issue per-project requests for submission of written quotes for more complex projects (which may be performed for rates/unit prices that vary from those Exhibit “B”, provided that good cause justifying any request variance is specified in Consultant’s written submitted quote). The foregoing notwithstanding, absent a written amendment to this Agreement, in no event shall City’s payments to Consultant exceed the compensation amount set forth in Section _3.a. No purchase order, task order or other work authorization can alter said compensation amount.

3 Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2

c. The provisions of Exhibit “B” and this Section notwithstanding, in order to receive payments, Consultant must submit to the City detailed monthly invoices which include, as applicable, this On-Call Agreement Project Number (CC24-068) and a project number, work authorization number, or purchase order number issued by the City for services requested to identify a specific City job; a description of all services/tasks performed, the number of hours expended on each service/task, the name of the person performing the service/task, and expense reimbursement information, if any, as required by Section 3, above. Each invoice shall further include a running balance of the On- call Agreement’s total contract expenditures to date. Provided that services have been satisfactorily rendered, Consultant’s invoices shall be paid by the City approximately thirty (30) working days following the City’s receipt. In the event of a conflict or inconsistency between this Agreement and Consultant’s Fee Schedule attached as Exhibit “B”, the provisions of this Agreement shall prevail, and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Agreement.

Section 5. STATE PREVAILING WAGE AND RELATED LABOR PROVISIONS

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

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

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

d. Payroll Records. Consultant and its subconsultants/subcontractors must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. 4 Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2

(hereinafter the “Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.

(1) Consultant and Subconsultant/Subcontractor Obligations. Consultant and each subconsultant or subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

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

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

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

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

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

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

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

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

h. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hours laws will be enforced as follows:
5 Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2

(1) Pursuant to Labor Code section 1775, the Consultant and any subcontractor/subconsultant under it shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Agreement by it or by any subcontractor/subconsultant under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Consultant and/or subconsultant/subcontractor as provided for in Section 1775.

(2) Pursuant to Labor Code Section 1813, Consultant and its subconsultants or subcontractors shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the execution of this Agreement by the respective Consultant or subconsultant/subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, except as specified in Labor Code Section 1815. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day.

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

j. DIR Registration. Pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and its subconsultants/subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Agreement, Consultant represents that it is aware of the registration requirement and is currently registered with the DIR. Consultant shall maintain a current registration for the duration of the Agreement. Consultant shall further include the requirements of Labor Code Sections 1725.5 and 1771.1 in any subcontract and ensure that all subconsultants/subcontractors are registered at the time this Agreement is entered into and maintain registration for the duration thereof.

Section 6. TERM OF AGREEMENT

Unless earlier terminated in accordance with the provisions in Section 21 of this Agreement, the term of this Agreement shall be for a period of Two (2) years, commencing on the date of full execution of the Agreement and expiring Two (2) years from the Commencement Date (the “Initial Term”). From and after said expiration date, and upon subsequent written Agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 21 below.

This Agreement may be extended for Two (2) additional one-year period(s) (each hereinafter an “Option Period”), at the option of City, subject to satisfactory performance as determined by the City. City shall give Consultant sixty (60) days advance written notice prior to the expiration the Initial Term and sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the City decide to exercise its option(s) to extend. In the event City does not give Consultant such written notice of its option to extend, this Agreement shall terminate at the end of the then-current Term or Option Period without further notice from either Party, unless terminated earlier pursuant to the provisions of Section 21 below. Should the City fail to give Consultant the sixty (60) days written notice of its intention to exercise any Option Period, the City may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Consultant.

6 Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2

Section 7. INDEPENDENT CONTRACTOR STATUS

a. City retains Consultant on an independent contractor basis and not as an employee.

The Parties hereto warrant and represent that Consultant is an independent contractor and not an employee, agent, joint venture, or partner of the City. The services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. Any employees performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such employees in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional employees, including: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

b. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Consultant or between the City and any of Consultant’s employees performing the Services under this Agreement on behalf of Consultant.

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

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

Section 8. NOT AGENT OF THE CITY

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

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

Section 9. PRINCIPAL REPRESENTATIVES

a. Jeff Burns, Director of Operations , or his/her designee, is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement.

b. Fredy A. Bonilla, PE, City Engineer, or his designee (hereinafter “City Project Manager”) shall be the principal representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement, and such other functions and duties as are specified elsewhere in this Agreement. 7 Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2

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

Section 10. LICENSES AND PERMITS

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

Section 11. STANDARD OF PERFORMANCE; WARRANTIES

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

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

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

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

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

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

c. Consultant shall assign only competent personnel to perform services pursuant to this agreement. Consultant shall notify City in writing of any changes in Consultant’s staff assigned. The Project Manager may, in its sole discretion, determine that a person assigned to perform services is not performing in accordance with the standards required herein. If the Project Manager makes such a determination, Consultant shall replace such person immediately.

Section 12. FAMILIARITY WITH WORK

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

Section 13. CONFLICTS OF INTEREST

a. The City covenants that no member, officer, or employee of the City engaged in the selection, award, or administration of this Agreement or any subsequent purchase or task orders issued for individual on- call projects hereunder shall have any prohibited conflict of interest, whether real or apparent, in any such contracts or the proceeds thereof. 8 Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2

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

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

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

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

Section 14. COMPLIANCE WITH LAWS

Consultant shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including any rule, regulation, or bylaw governing the conduct or performance of Consultant or its employees, officers, or board members. Consultant shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

Section 15. INSURANCE

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

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

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

(3) Professional Liability or Errors and Omissions Insurance as appropriate to Consultant’s profession written on a policy form specifically designed to provide coverage for and protect against the negligent acts, errors, and omissions of the Consultant in the 9 Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2

performance of the services required by this Agreement. A minimum limit of One Million Dollars ($1,000,000) per claim and in the aggregate must be provided.

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

(5) Reserved.

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

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

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

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

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

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

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

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

d. Broader Coverages. If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the 10 Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2

higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Section 16. REPORTS

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

Section 17. RECORDS

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

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

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

d. Records and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to City’s Project Manager, for purposes of performing an audit for a period of five (5) years from the date final payment is made under this Agreement. Pursuant to Government Code section 8546.7, this Agreement may be subject to the examination and audit of the State Auditor for a period of three (3) years from the date such final payment is made.

Section 18. CONFIDENTIALITY; OWNERSHIP OF WORK

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

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

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

d. All original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the property of the City and shall be surrendered to the City upon the completion of Consultant’s services or when requested by City’s Project Manager Such materials may be used, reused or otherwise disposed of by the City without the permission of Consultant.

11 Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2

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

Section 19. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES

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

b. During the Initial Term of this Agreement, or during any extensions or option periods if applicable, the City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of Request for Qualifications for On- Call Geotechnical and Engineering Testing Services, CC24-068, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.

Section 20. NOTICES

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

To the City: Fredy A. Bonilla, PE, City Engineer
City of Victorville
14343 Civic Drive
Victorville, CA 92392

To Consultant: Jeff Burns, Director of Operations
Merrell Johnson Geotechnical, Inc.
12277 Apple Valley Rd., #291
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.

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

Section 21. TERMINATION OR SUSPENSION

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

b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination or suspension provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of termination, the City 12 Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2

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

Section 22. TIME OF THE ESSENCE

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

Section 23. INDEMNIFICATION

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

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

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

(2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference. Nothing in this Subsection b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees.

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

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

13 Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2

Section 24. ENTIRE AGREEMENT

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

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

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

Section 25. AMBIGUITIES

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

Section 26. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES

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

Section 27. REVIEW BY ATTORNEYS

Each Party hereto has had its attorney(s) review this Agreement and all related documents.

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

Section 28. WAIVER

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

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

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

Section 29. ASSIGNMENT

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

14 Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2

Section 30. CARE OF WORK

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

Section 31. CAPTIONS AND HEADINGS

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

Section 32. SUCCESSORS, HEIRS, AND ASSIGNS

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

Section 33. GENDER; SINGULAR AND PLURAL

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

Section 34. SEVERABILITY

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

Section 35. GOVERNING LAW

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

Section 36. DEFAULT

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

15 Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2

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

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

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

Section 37. CUMULATIVE REMEDIES

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

Section 38. VENUE

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

Section 39. ATTORNEYS’ FEES

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

Section 40. EFFECTIVENESS OF AGREEMENT

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

Section 41. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING

AGREEMENT

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

b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent. 16 Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2

Section 42. COUNTERPARTS

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

(END OF THIS PAGE)
17 Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2

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

CITY OF VICTORVILLE MERRELL JOHNSON GEOTECHNICAL, INC.

By: By:

Name: Elizabeth Becerra Name: Jeff Burns

Title: Mayor Title: Director of Operations

Date: Date:

ATTEST

____________________________________
Jennifer Thompson, City Clerk

APPROVED AS TO FORM

___________________________________
Andre de Bortnowsky, City Attorney

RISK MANAGEMENT

___________________________________
Sandra Bostick, Risk Manager

18 Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2

EXHIBIT A

SCOPE OF SERVICES

SECTION C – SCOPE OF SERVICES

1. CITY BACKGROUND
The City of Victorville covers approximately 74 square miles and is home to roughly 134,000 residents, 20 city parks, six major retail centers, and three industrial parks, which include the Southern California Logistics Airport (SCLA). The City also offers multi-modal transportation capabilities by bringing together ground, rail, bike lanes, and air transportation for businesses, with easy access to the I-15, US-395, and SR-18. The City has approximately 450 centerline miles of roadways. The City also operates a citywide water district, and a wastewater treatment plant. On average, the City budgets 13 million dollars in capital improvement infrastructure and rehabilitation projects each year.

2. PRELIMINARY SCOP E OF SERVICES
The Preliminary Scope of Services outlined herein is not intended to be comprehensive nor exclusive; it merely sets forth a general outline of anticipated work that may be expected. In general, the City requires the technical expertise of a consultant to provide geotechnical sampling and materials testing services for a range of public works and water projects throughout the City. This may include preliminary soil investigations and/or an analysis of existing site conditions to provide recommendations for future developments. More typical work may include special inspections of road work and underground utility work. This may further include sampling and testing of PCC concrete, collecting soils samples, conducting in-place relative density testing for base, subbase & subgrade soils, and the testing of asphalt compaction. Documentation of services provided will include detailed daily field reports of special inspections of construction activities/observations with labeled photographs and results of material testing. Monthly progress reports and the necessary equipment to perform the observation and testing are expected for construction projects. All soils testing shall be conducted in accordance with ASTM Standards. All concrete testing shall be conducted in accordance with ASTM and/or ACI Standards. All technicians and special inspectors shall be certified to perform and conduct laboratory and field tasks assigned by the Consultant. Therefore, the Consultant is expected to be able to perform, coordinate, and manage the completion of tasks described in this Section. The following is a preliminary scope of services/work that covers a variety of tasks, including but not limited to the following:

A Geotechnical Services
The scope of work for geotechnical services may include:
- Open excavation or bore sampling
- Laboratory testing of soil contaminants, determination of soil properties - Ground water levels/hydraulic conductivity
- Trench stability
- Slope/soil stability
- Shorting requirements
- Report of observations, testing and recommendations
B Soil Special Inspection & Reporting Services
The scope of work for soil special inspection and reporting may include:
- Earthwork observation
- Soil Sampling
- Aggregate Base Sampling
- Sub-excavation Observations
- Unclassified Cut, Haul & Compacted Fill Observations
- Soil Compaction Testing of Fill
- Soil Compaction Testing of Trenches
- Sub-grade Compaction Testing
- Aggregate Base Compaction Testing

EXHIBIT A
19/Consultant/Professional Services Provider Agreement/Merrell Johnson Geotechnical, Inc., Project CC24-068-2 - Probing Material Compaction Adjacent to Structures
- Daily field reports
- Monthly summary reports
C Concrete/Masonry Special Inspection & Reporting Services The scope of work for concrete/masonry special inspection and reporting may include:
- Concrete/masonry Placement
- Concrete Sampling & Testing
- Mortar Sampling & Testing
- Grout Sampling & Testing
- Daily field reports
- Monthly summary reports
D Asphalt Concrete Special Inspection & Reporting Services The scope of work for asphalt concrete special inspection and reporting may include:
- Plant Inspection, Sampling of Aggregates
- Asphalt Sampling, Plant/Field
- Asphalt Laydown & Compaction Effort Observation
- Tack Application & Spread Rates
- Asphalt Compaction Testing
- Pavement Fabric Applications
- Smoothness Testing
- Daily field reports
- Monthly summary reports
E Pavement Evaluation, Analysis & Recommendations Services The scope of work for pavement evaluation, analysis, and recommendations may include:
- Coring, Sampling & Loging Soil Profile of Existing Pavement Structural Sections - Soil Sample Testing
- Structural Section Recommendations
- Surface Treatment Recommendations
- Quality Assurance Verification of Constructed Structural Section - Pavement Evaluation and Recommendation Report
F Standardized ASTM Laboratory Testing & Reporting Services The scope of work for laboratory testing and reporting may include but not be limited to:
- Soil Max Density & Optimum Moisture Content
- Soil Sand Equivalent
- Soil Gradation Sieve Analysis
- Aggregate Gradation Sieve Analysis
- Marshall Stability
- Marshal Density
- Asphalt Extraction-Solvent
- Sieve on Extracted Sample
- Theoretical Maximum Density
- Concrete Compressive Strength Testing
- R value

3. PROJECT PERSONNEL
The Consultant shall provide project personnel who demonstrate competency and understanding of the tasks to be performed. The Consultant’s staff is expected to have experience performing tasks listed in

EXHIBIT A
20/Consultant/Professional Services Provider Agreement/Merrell Johnson Geotechnical, Inc., Project CC24-068-2 the Preliminary Scope of Services described herein and be capable at a minimum of performing the additional tasks listed in this S ection. Sub-consultants, if required, shall have previous experience completing the tasks being performed by the sub-consultant.

A Project Engineer (PE)
The Consultant (PE) shall be a licensed engineer in r esponsible charge for all work as directed which may include quality assurance of field and laboratory work, certifying material test results, both laboratory and field comply with project specifications, reports of investigations or construction summaries, providing recommendations.

B Managers (PM)
Consultant managers or project managers (PM) shall be responsible for laboratory & field oversight during the construction as needed. They may be responsible for determining the frequency of material testing in accordance with the City of Victorville Quality Assurance Program (QAP) Manual, coordinating with the City project manager and or public works inspectors. The City may waive some requirements of the QAP; therefore the manager must confirm the extent of laboratory tests required and frequency with the City prior to performing the work. The PM shall be responsible for submitting certifications of qualifications for individuals to perform quality assurance testing of materials both in a laboratory and in the field. Other PM work may include reviewing daily field reports, test results and verifying that certified individuals performed the work and the individual who performed the work are listed on reports submitted to the City. The PM shall be responsible for determining the completeness and clarity of work performed & observations reported in daily field reports from field personnel. The PM shall review lab test results to ensure completeness & compliance with test standards, that the standard requirements are listed on the test results. The PM may also be the PE. The PM shall ensure the submittal of reports to the City containing results of daily special inspection activities and test results are provided no later than 48 hours after the date of completion. Any laboratory tests performed on materials that do not meet specification requirements shall be reported immediately to the City project manager.

C Special Inspectors/Technicians
The Consultant shall provide experienced special inspectors and tech nicians with certifications
issued by ACI, ICC, NICET and/or AASHTO to perform the respective field observations, sampling and test methods utilized. For construction projects, the inspector will provide quality assurance testing and observations of contractor’s work to ensure conformance to plans and specifications. The inspector shall be responsible for reporting any observations or field tests performed on materials that do not meet specification requirements (failed) immediately to the City project manager or public works inspector. Daily Field Report (DFR) containing observations of work performed, where (street, alignment, STA, etc.), with what equipment, any issues etc., with or without test results shall be provided. One (1) original signed hard copy of all DFRs shall be submitted at the close of the project in the final project report with one (1) digital copy. Digital DFRs & test results are due to the City within 24 hours. The inspector does not provide the contractor with directions on how to proceed with the work , only test results . Copies of certifications for special inspectors and technicians shall be provided to the City prior to the start of work. The Consultant shall obtain prior written approval from the City for replacement of team members for any reason.

D Laboratory Technicians
The
Consultant shall provide experienced laboratory technicians certified by ACI, ICC, NICET or AASHTO to perform the respective test methods utilized. Laboratory and technician certifications shall be provided to the City prior to the start of work.

EXHIBIT A
21/Consultant/Professional Services Provider Agreement/Merrell Johnson Geotechnical, Inc., Project CC24-068-2

4. EXTRA WORK
Extra work is new or unforeseen work performed by the Consultant when the City determines that it is not covered by the Scope of Work in a project. No extra work is authorized without written approval from the City. The Consultant shall immediately submit a Request for Information (RFI) to the City to inform the City of a situation, suggest recommendations, provide estimated costs, and request authorization to perform any extra work.

5. PROJECT RECORDS AND DOCUMENTS
The Consultant is required to maintain all required records at its office for the duration of a construction project and submit to the City copies upon request. All draft reports, final reports, or other documents shall be typed and wet signed by the author. Handwritten documents will not be accepted. The City, its duly authorized representatives, and other jurisdictional agencies shall have access to any documents, books, papers, and records of the consultant (which are directly pertinent to a project) for the purpose of making an audit, examination, excerpts, and transcriptions. The City will be the owner of all original documents, and digital information.

6. UNIT PRICES
The Consultant shall provide unit prices in the Fee Schedule based on the Preliminary Scope of Services and such other related or similar services offered by Consultant that are not described therein.

For field inspectors/techn icians engaged in construction projects, the Consultant shall provide a unit price for all direct and indirect costs for each classification. The maximum billable time for a technician to arrive at a project site and perform no work due to cancellation shall be two (2) hours. The billable time for a workday shall be at a minimum of two (2) hours. ALL EQUIPMENT & LABOR REQUIRED

TO ENGAGE IN THE INSPECTION, SAMPLING, AND TESTING ( VEHICLE, TOOLS, TESTING

APPARATUS(S), INCIDENTAL ITEMS) SHALL BE INCLUDED IN THE COST PER CLASSIFICATION UNIT HOURLY RATE. Travel time to and from the construction project site will not be reimbursable. The inspector/technician is expected to be onsite for the time billed to the project when work is performed and is required to check in and out with the City’s Public Works Inspector assigned to the project.

For example, t he Fee S c hedule hourly unit price for a special inspector /technician engaged in construction inspection activities for a project shall include a unit cost to perform the following:
- Soils Inspector – e arthwork/soils, daily field reports, observation, sampling, and relative density field testing of all placed, cut, fill, trench backfill, structure cut/fill soils and aggregates including vehicle, all tools, testing apparatus(s), and reporting/communication equipment. - Asphalt Inspector – aspha lt concrete mixtures, daily field reports, observations, sampling and field testing of all placed asphalt including vehicle, all tools, testing apparatus(s), and reporting/communication equipment.
- Concrete Inspector – ceme nt concrete mixtures, daily field reports, o bservation, sampling, and testing of concrete mixtures including vehicle, all tools, testing apparatus(s), and reporting/communication equipment.
- Shotcrete Inspector – cem ent concrete mixtures, daily field reports, o bservation, sampling, and testing of shotcrete mixtures including vehicle, all tools, testing apparatus(s), and reporting/communication equipment.

For laboratory work, ALL EQ UIPMENT, MATERIALS & LABOR REQUIRED TO PERFORM LABORATORY WORK SHALL BE INCLUDED IN THE COST PER UNIT PRICE.

The City Engineer or his designated representatives reserves the right to request a substitute technician to ensure that the tasks being performed by the technician are to the satisfaction of the City

EXHIBIT A
22/Consultant/Professional Services Provider Agreement/Merrell Johnson Geotechnical, Inc., Project CC24-068-2 representative; please submit the list of technician(s) available and their resumes prior to the start of work.

7. CONSTRUCTION SUPPORT
A. Meetings – The Consultant may be required to attend pre -construction meetings and additional meetings when requested by the City.

B. Owner of Project Documents – The City will be the owner of all original documents, and digital information. All digital and/or computer-generated drawings shall be the property of the City and one (1) original copy shall be submitted to the City.

D. Dispute Resolution – In the event of a materials failure or a materials dispute over the course of the project, the materials engineer/technician who provided construction support and services shall be available to help, advise and provide additional testing or other services as required.

8. RIGHT OF WAY
It is anticipated that all work will be performed within the City Public Right of Way. No work is permitted on private property without the written permission of the property owner. In the event work is performed on private property, the City or contractor will provide copies of consent forms upon request.

9. INFORMATION AVAILABLE FROM THE CITY
The project plans & specifications will be sent to the consultant when a request for a quote is issued.

Project specific material submittals will be available upon request from the City Project Manager during construction.

10. DELIVERABLES
For construction projects, the Consultant shall submit a monthly invoice which shall be accompanied by a progress report that summarizes the work completed within the period. The Consultant can only invoice for costs actually incurred before invoicing the City. All work shall be billed per the agreed unit prices set forth in the accepted quote or fee schedule.

A. For construction projects, a digital monthly progress report with each invoice including:
- Summary of work performed certified by PE stamp;
- Individual laboratory test results per test method performed & specification parameters; - Summary of Field testing by category, location, spec requirement and test results (include failed and retest results);
- Daily Field Reports including observations, daily field testing and test methods performed.

These documents may be transmitted electronically to the Project Manager B. For Construction projects, at the conclusion of the work and project closeout, the Consultant shall provide the City with an original hard copy and digital copy of all monthly progress reports and a final report summarizing the work performed wet signed by the principal engineer in responsible charge for oversight of laboratory and field testing activities for each project.

For soils reports, investigations, evaluations, and other reports not related to a project in construction requiring regular, monthly updates, the Consultant must submit a digital and original hard copy report with its invoice at the conclusion of the work.

EXHIBIT A
23/Consultant/Professional Services Provider Agreement/Merrell Johnson Geotechnical, Inc., Project CC24-068-2 19 Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2

EXHIBIT B

FEE SCHEDULE

See Attachment

Geotechnical Engineering, Materials Testing and Special Inspection www.merrelljohnson.com

FEE SCHEDULE

EXHIBIT B
25/Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2 Geotechnical Engineering, Materials Testing and Special Inspectionwww.merrelljohnson.com

FEE SCHEDULE
Geotechnical Engineering, Materials
Testing and Special Inspection
www.merrelljohnson.com
Staff Rates P1
Additional Services P3
Terms and Conditions P10

EXHIBIT B
26/Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2 Geotechnical Engineering, Materials Testing and Special Inspectionwww.merrelljohnson.com | 760-240-8000 1 STAFF RATES

PROFESSIONAL STAFF
Principal Engineer $186 /hr.

Geotechnical Engineer $186 /hr.

Principal Land Surveyor $186 /hr.

Engineering Geologist $210 /hr.

Associate Engineer $166 /hr.

Project Manager $146 /hr.

ADMINISTRATIVE AND TECHNICAL STAFF
Qualiﬁ ed SWPPP Developer (QSD) $166 /hr.

Qualiﬁ ed SWPPP Practitioner (QSP) $136 /hr.

Laboratory Manager $154 /hr.

Quality Control Manager $142 /hr.

Senior Designer $136 /hr.

Designer $110 /hr.

Project Coordinator $110 /hr.

Administrative Assistant $96 /hr.

Laboratory Technician $96 /hr.

Dispatcher $76 /hr.

EXHIBIT B
27/Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2 Geotechnical Engineering, Materials Testing and Special Inspectionwww.merrelljohnson.com | 760-240-8000 2 FIELD STAFF | STANDARD RATE
One-Man Survey Crew $190 /hr.

Two-Man Survey Crew $246 /hr.

Special Inspector / Materials Technician $96 /hr.

Non-Destructive Testing Technician (NDT) By Quotation
Core Drilling $270 /hr.

FIELD STAFF | PREVAILING RATE
One-Man Survey Crew $220 /hr.

Two-Man Survey Crew $390 /hr.

Special Inspector / Materials Technician $114 $134 /hr.

Non-Destructive Testing Technician (NDT) By Quotation
Core Drilling $320 /hr.

STAFF RATES

EXHIBIT B
28/Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2 Geotechnical Engineering, Materials Testing and Special Inspectionwww.merrelljohnson.com | 760-240-8000 3 ADDITIONAL SERVICES
Mileage (Where Applicable) $0.75 /mi.

Materials Sample Transport $96 /hr.

Travel (Where Applicable) See Terms
Per Diem By Quotation
Permit Application Fees By Quotation
Miscellaneous Equipment By Quotation
Geotechnical Investigation By Quotation
Geologic Hazards Report By Quotation
Phase I / II Environmental By Quotation
Percolation Test and Report By Quotation
Inﬁ ltration Test and Report By Quotation
Quality Control Plan By Quotation
On Site / Mobile Laboratory By Quotation
Certiﬁ ed Payroll See Terms
Sub-Contract Services Cost +20%

EXHIBIT B
29/Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2 Geotechnical Engineering, Materials Testing and Special Inspectionwww.merrelljohnson.com | 760-240-8000 4 ADDITIONAL SERVICES

ASPHALT CONCRETE
ASTM D1188 / CT 308A Bulk Speciﬁ c Gravity and Density of Core (Parafﬁ n) $78 Ea.

ASTM D1560 / CT 366 Hveem Stabilometer Value (3 Briquettes, Premixed) $204 Ea.

ASTM D1561 / CT 308C Hveem Bulk Speciﬁ c Gravity and Density of Bituminous Mixtures (3 Briquettes) $204 Ea.

ASTM D2041 / CT 309 RICE Theoretical Maximum Density of Bituminous Mixtures $130 Ea.

ASTM D2726 / CT 308C Bulk Speciﬁ c Gravity and Density of Core (Non- Coated) $56 Ea.

ASTM D5444 / CT 202 Sieve Analysis of Extracted Aggregate (Bitumen) $68 Ea.

ASTM D6307 / CT 382 Asphalt Binder Content (% Asphalt) $172 Ea.

ASTM D6307 / CT 382 Asphalt Binder Content (% Asphalt) Correction Factor $340 Ea.

ASTM D6926, D2726 Marshall Preparation and Density of Bituminous Mixture (3 Briquettes, Premixed) $204 Ea.

ASTM D6926, D6927 Marshall Preparation, Stability and Flow of Bituminous Mixture (3 Briquettes, Premixed) $204 Ea.

CT 370, Moisture Content of Asphalt $46 Ea.

Asphalt Pavement Design Recommendations By Quotation
Asphalt Pavement Evaluation By Quotation
Asphalt Pavement Mix Design By Quotation

EXHIBIT B
30/Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2 Geotechnical Engineering, Materials Testing and Special Inspectionwww.merrelljohnson.com | 760-240-8000 5 CONCRETE
ASTM C39 / CT 521 Compressive Strength of Concrete Cylinder $26 Ea.

ASTM C42 Compressive Strength of Concrete Core (Includes Saw Cut) $56 Ea.

ASTM C78, C293 / CT 523, 524 Flexural Strength of Concrete Beam $68 Ea.

ASTM C469 Modulus of Elasticity of Concrete in Compression $256 Ea.

ASTM C495 Compressive Strength of Lightweight Concrete $56 Ea.

ASTM C496 Splitting Tensile Strength of Concrete Cylinder $68 Ea.

ASTM C567 Density of Structural Lightweight Concrete $68 Ea.

ASTM F1869 Moisture Vapor Emissions Rate of Concrete By Quotation ASTM F2170 Relative Humidity in Concrete (in-situ probe) By Quotation Saw Cut Specimen (Laboratory) $26 Ea.

Core Drill Specimen (Laboratory) $26 Ea.

Concrete Mix Design By Quotation
Concrete Pavement Recommendations By Quotation

ADDITIONAL SERVICES

EXHIBIT B
31/Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2 Geotechnical Engineering, Materials Testing and Special Inspectionwww.merrelljohnson.com | 760-240-8000 6 ADDITIONAL SERVICES

FIREPROOFING
ASTM E605 Thickness and Density of Sprayed Fire-Resistive Material $68 Ea.

ASTM E736 Cohesion / Adhesion of Sprayed Fire-Resistive Material By Quotation ASTM E761 Compressive Strength of Sprayed Fire-Resistive Material By Quotation

MASONRY
ASTM C42 Compressive Strength of Masonry Core (Includes Saw Cut) $56 Ea.

ASTM C140 Absorption and Moisture Content of CMU $88 Ea.

ASTM C140 Compressive Strength of CMU (Includes Dimensions) $88 Ea.

ASTM C140 Dimensions of CMU $26 Ea.

ASTM C140 Lineal Shrinkage of CMU $214 Ea.

ASTM C140 Shear Strength of Masonry Core $68 Ea.

ASTM C780 A6 Compressive Strength of Mortar Cylinder $26 Ea.

ASTM C1019 Compressive Strength of Grout Prism $26 Ea.

ASTM C1314 Compressive Strength of Masonry Prism (≤ 8 in. x 16 in.) $152 Ea.

ASTM C1314 Compressive Strength of Masonry Prism (> 8 in. x 16 in.) By Quotation Saw Cut Specimen (Laboratory) $26 Ea.

Core Drill Specimen (Laboratory) $26 Ea.

EXHIBIT B
32/Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2 Geotechnical Engineering, Materials Testing and Special Inspectionwww.merrelljohnson.com | 760-240-8000 7 SOIL AND AGGREGATE
ASTM C29 / CT212 Unit Weight of Aggregate $78 Ea.

ASTM C40 / CT 213 Organic Impurities in Fine Aggregates $78 Ea.

ASTM C88 / CT 214 Soundness of Aggregates $382 Ea.

ASTM C117, D1140 / CT 202 Amount of Material in Soils or Aggregates Finer than No. 200 Sieve by Wash $68 Ea.

ASTM C123 Lightweight Particles in Aggregate (Coarse or Fine) $172 Ea.

ASTM C127/ CT 206 Speciﬁ c Gravity and Absorption of Coarse Aggregate $110 Ea.

ASTM C128 / CT 207 Speciﬁ c Gravity and Absorption of Fine Aggregate $110 Ea.

ASTM C131, C535 / CT 211 Abrasion of Coarse Aggregate by LA Testing Machine By Quotation
ASTM C136, D422 / CT 202 Sieve Analysis of Fine and Coarse Aggregates (without wash) $110 Ea.

ASTM C136, C117, D422, D1140 / CT 202 Sieve Analysis of Fine and Coarse Aggregates (with wash) $172 Ea.

ASTM C142 Clay Lumps and Friable Particles in Aggregates $130 Ea.

ASTM C289 Alkali-Silica Reactivity of Aggregates By Quotation ASTM C566 Total Evaporable Moisture Content of Aggregate by Drying $26 Ea.

ASTM C1252 / CT 234 Fine Aggregate Angularity $182 Ea.

ASTM C1260 Potential Alkali Reactivity of Aggregates (Mortar-Bar) By Quotation ASTM D698, D1557 / CT 216 Laboratory Compaction Characteristics of Soil $172 Ea.

ASTM D1883 California Bearing Ratio of Laboratory Compacted Soils By Quotation ASTM D1883 California Bearing Ratio of Cement Treated Soils By Quotation ASTM D2166 Unconﬁ ned Compressive Strength of Cohesive Soil By Quotation

ADDITIONAL SERVICES

EXHIBIT B
33/Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2 Geotechnical Engineering, Materials Testing and Special Inspectionwww.merrelljohnson.com | 760-240-8000 8 ADDITIONAL SERVICES

SOIL AND AGGREGATE
ASTM D2216 / CT 226 Moisture Content by Oven Drying $26 Ea.

ASTM D2419 / CT 217 Sand Equivalent of Soils $130 Ea.

ASTM D2435 / CT 219 Consolidation of Soils $182 Ea.

ASTM D2844 /CT 301 Resistance R-Value of Soils $278 Ea.

ASTM D2844 / CT 301 Resistance R-Value of Cement Treated Soils $382 Ea.

ASTM D2937 Moisture and Density of Ring / Shelby Tube Sample $26 Ea.

ASTM D3080 Direct Shear of Soils (Three-Point) Remolded $330 Ea.

ASTM D3080 Direct Shear of Soils (Three-Point) Undisturbed $270 Ea.

ASTM D3744 / CT 229 Aggregate Durability Index $172 Ea.

ASTM D4318 / CT 204 Liquid Limit, Plastic Limit, and Plasticity Index (Atterberg Limits) $162 Ea.

ASTM D4791 / CT 235 Flat and Elongated Particles $162 Ea.

ASTM D4829 Expansion Index of Soils $162 Ea.

ASTM D5084 / CT220 Hydraulic Conductivity / Permeability of Soils By Quotation ASTM D5821 / CT 205 Crushed / Fractured Particles in Aggregate $140 Ea.

ASTM G51 / CT 643, CT 417, CT 422 Resistivity and pH, Sulfate Content and Chloride Content of Soils $182 Ea.

ASTM G187 Measurement of Soil Resistivity, Two-Electrode $130 Ea.

ASTM G57 Measurement of Soil Resistivity Using the Wenner Four- Electrode Method By Quotation
CT 227 Cleanness of Coarse Aggregate $172 Ea.

EXHIBIT B
34/Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2 Geotechnical Engineering, Materials Testing and Special Inspectionwww.merrelljohnson.com | 760-240-8000 9 STEEL | REINFORCING
ASTM A185 Bend Test of Welded Wire Fabric By Quotation
ASTM A185 Shear Test of Welded Wire Fabric By Quotation ASTM A370 Bend Test of Reinforcing Steel By Quotation
A370 Tension of Reinforcing Steel (< No. 11) By Quotation A370 Tension of Reinforcing Steel (>. No. 14) By Quotation

ADDITIONAL SERVICES
STEEL | STRUCTURAL
ASTM A370 Tension of Structural Steel By Quotation
ASTM E18 Bolt Hardness By Quotation
ASTM E18 Bolt Hardness and Wedge Tensile (<100,000 lbf) By Quotation ASTM E18 Nut Hardness and Proof Load By Quotation
ASTM E18 Washer Hardness By Quotation
ASTM E18 Bolt Axial Tensile Test By Quotation
ASTM E18 Bolt Wedge Tensile By Quotation
ASTM E 18 Bolt Hardness and Proof Load By Quotation
Steel Fabricator Certiﬁ cation By Quotation
Structural Steel Coupon Machining By Quotation
Welders Qualiﬁ cation Test (AWS / ASME) By Quotation
AWS-CWI Shop Certiﬁ cation By Quotation

EXHIBIT B
35/Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2 Geotechnical Engineering, Materials Testing and Special Inspectionwww.merrelljohnson.com | 760-240-8000 10 TERMS AND CONDITIONS
Additional Services
Provided above are typical costs and services
most frequently conducted by Merrell Johnson
Engineering, Inc. and Merrell Engineering Company,
Inc. Costs and services not listed may be provided
upon request, as well as special quotations for
volume projects.

Advance Notice and Cancellation
Land Surveying and Construction Staking services
require a minimum of 72 hours advanced notice for
scheduling personnel to report to the project site.

Materials Testing and Special Inspection Services
require 24 hours advanced notice for scheduling
personnel to report to the project site. This advance
notice is greatly appreciated and will provide
assistance in avoiding schedule conﬂ icts, as well
as allow us to better accommodate your project.

Cancellations must be made by 4:00 pm the day
preceding scheduled services, or a minimum charge
may be incurred at the applicable rate.

Minimum Charges
Unless otherwise noted, a two-hour minimum
charge will be incurred for all ﬁeld services.

Overtime
Services conducted more than eight hours per
day Monday - Friday, conducted outside of normal
business hours of 7:00 am - 4:00 pm, or conducted
during the ﬁrst twelve hours on Saturday will incur a
charge at time and one-half the applicable rate.

Double Time
Services conducted in excess of 12 hours per day
Monday - Saturday or conducted on Sunday will
incur charges at double the applicable rate. Services
conducted on the following holidays will incur a
charge at double the applicable rate. New Year’s Day,
Martin Luther King Day, Presidents Day, Memorial
Day, Independence Day, Labor Day, Veterans Day,
Thanksgiving Day and the day after, and
Christmas Day.

Rush Repor
ting
Unit rates provided do not include rush or urgent
testing / inspection or reporting. Standard reporting
time may vary depending on project conditions and
workload. Rush or urgent testing / inspection or
reporting may be provided at additional cost
by quotation. The Client is advised to express desired
scheduling and reporting timelines so
that preparation and applicable expenses may be
accounted for prior to the commencement of work.

Sample Disposal
Materials samples may be disposed of at the
discretion of Merrell Johnson 30 days after
submission of test reports unless a prior request is
made.

Invoicing
Invoices will be issued on a periodic basis. The net
cash amount is payable on receipt of the invoice.

The unpaid balance will be subject to a maximum
ﬁnance charge of 7% per anum if not paid within 30
days of the invoice date. Unless noted otherwise,
fees include standard invoicing with time detail.

Invoicing backup (timesheets, daily ﬁeld reports or
test reports) may be included at an additional cost
upon request.

Certiﬁed Payr oll
Certiﬁed payroll for prevailing wage projects will be
provided when required. An additional hour of
administrative time will be charged for each pay
period.

EXHIBIT B
36/Consultant/Professional Services Provider Agreement/MERRELL JOHNSON GEOTECHNICAL, INC., Project CC24-068-2

ATTACHMENT B
1 Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068

CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE
AND
GEOCON WEST, INC.

FOR

ON-CALL GEOTECHNICAL AND ENGINEERING TESTING SERVICES,
PROJECT CC24-068

THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), dated this _____ day of ____________________, 20__ for reference purposes only, is made and entered into by and between THE CITY OF VICTORVILLE, a California charter city and municipal corporation, hereinafter referred to as the “ City”, and Geocon West, Inc., a California corporation, hereinafter referred to as “Consultant.” City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties.”

RECITALS:

WHEREAS, the City requires Consultant/Professional Services to provide On-Call Geotechnical and Engineering Testing Services as described in the Request for Qualifications (“RFQ”) issued for Project No. CC24-068 (the “Project”); and

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

WHEREAS, City does not have the personnel, specialized equipment, or technical expertise able to perform the work and services contracted for herein.

NOW THEREFORE, IN CONSIDERATION OF THE COVENA NTS, CONDITIONS, AND

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE

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

Section 1. RECITALS

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

2 Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068

Section 2. SCOPE OF SERVICES; NON-EXCLUSIVE AGREEMENT

Section 3. COMPENSATION; SUBSEQUENT ON-CALL AUTHORIZATION(S)

b. No expense reimbursements, including, but not limited to, reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless such expense reimbursements : (i) are specifically provided for and described by nature and type in Exhibit “B”; (ii) appear on Consultant’s monthly invoices to City; (iii) are supported by the appropriate receipts and other such documentation as the City shall require; and (iv) are directly related to the Scope of Services to be performed under this Agreement (as limited by subsequent requests for work/services or per-project agreements issued in the manner set out in the RFQ and herein). In addition, any and all reimbursements shall be made in accordance with any City policy governing same.

Section 4. FEE SCHEDULE

a. The City shall pay Consultant based upon Consultant’s Fee Schedule attached hereto as Exhibit “B”, but only for such services/work as are authorized by subsequently executed work authorizations, which may take the form of City purchase orders or task orders. b. City may request that C onsultant perform non -complex or limited duration on- call work/services (which shall be performed at the rates set forth in the attached Exhibit “B”) or may issue per-project requests for submission of written quotes for more comp lex projects (which may be performed for rates/unit prices that vary from those Exhibit “B”, provided that good cause justifying any request variance is specified in Consultant’s written submitted quote). The foregoing notwithstanding, absent a written amendment to this Agreement, in no event shall City’s payments to Consultant exceed the compensation amount set forth in Section _3.a. No purchase order, task order or other work authorization can alter said compensation amount.

this On-Call Agreement Project Number (CC24-068) and a project number, work authorization number, or purchase order number issued by the City for services requested to identify a specific City job; a description of all services/tasks performed, the number of hours expended on each service/task, the name of the person performing the service/task, and expense reimbursement information, if any, as required by Section 3, above. Each invoice shall further include a running balance of the On- call Agreement’s total contract expenditures to date. Provided that ser vices have been satisfactorily rendered, Consultant’s invoices shall be paid by the City approximately thirty (30) working days following the City’s receipt. In the event of a conflict or inconsistency between this Agreement and Consultant’s Fee Schedule attached as Exhibit “B”, the provisions of this Agreement shall prevail, and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Agreement.

Section 5. STATE PREVAILING WAGE AND RELATED LABOR PROVISIONS

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

d. Payroll Records. Consultant and its subconsultants/subcontractors must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.

4 Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068

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

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

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

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

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

(1) Pursuant to Labor Code section 1775, the Consultant and any subcontractor/subconsultant under it shall forfeit as a penalty to the City not more than Two 5 Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068

Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Agreement by it or by any subcontractor/subconsultant under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Consultant and/or subconsultant/subcontractor as provided for in Section 1775.

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

Section 6. TERM OF AGREEMENT

Section 7. INDEPENDENT CONTRACTOR STATUS

a. City retains Consultant on an independent contractor basis and not as an employee.

The Parties hereto warrant and represent that Consultant is an independent contractor and not an 6 Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068 employee, agent, joint venture, or partner of the City. The services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. Any employees performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such employees in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional employees, including: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. b. N
othing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Consultant or between the City and any of Consultant’s employees performing the Services under this Agreement on behalf of Consultant.

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

Section 9. PRINCIPAL REPRESENTATIVES
a. Neal Berliner, GE, President , or his/her designee, is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement. b. Fredy A. Bonilla, PE, City Engineer, or his designee (hereinafter “City Project Manager”) shall be the principal representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement, and such other functions and duties as are specified elsewhere in this Agreement. c. Either Party may designat e another individual as its principal representative by giving written notice of such designation to the other Party.
7 Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068

Section 10. LICENSES AND PERMITS

Section 11. STANDARD OF PERFORMANCE; WARRANTIES

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

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

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

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

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

Section 12. FAMILIARITY WITH WORK

Section 13. CONFLICTS OF INTEREST

b. Consultant warrants and represents that it has no known relationships with third parties, City Council members, or employees of City which would: (1) present a conflict of interest pursuant to California Government Code Section 1090, the Political Reform A ct (Government Code § 81000 et 8 Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068

seq.), or any other applicable conflict of interest law; or (2) prevent Consultant from performing the Services required by this Agreement.

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

Section 14. COMPLIANCE WITH LAWS

Section 15. INSURANCE

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

9 Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068

(5) Reserved.

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

(5) Cancellation or Amendment . The policies shall be endorsed to provide that in t he 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 cancell ation for non-payment, ten (10) days advance written notice shall be given.

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

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

10 Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068

Section 16. REPORTS

Section 17. RECORDS

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

Section 18. CONFIDENTIALITY; OWNERSHIP OF WORK

11 Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068

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

Section 19. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES

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

Section 20. NOTICES

To the City: Fredy A. Bonilla, PE, City Engineer
City of Victorville
14343 Civic Drive
Victorville, CA 92392

To Consultant: Neal Berliner, GE, President
Geocon West, Inc.
2015 West Park Avenue
Redlands, CA 92373

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

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

Section 21. TERMINATION OR SUSPENSION

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

Section 22. TIME OF THE ESSENCE

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

Section 23. INDEMNIFICATION

13 Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068

Section 24. ENTIRE AGREEMENT

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

Section 25. AMBIGUITIES

Section 26. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES

Section 27. REVIEW BY ATTORNEYS

Each Party hereto has had its attorney(s) review this Agreement and all related documents.

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

Section 28. WAIVER

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

Section 29. ASSIGNMENT

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

14 Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068

Section 30. CARE OF WORK

Section 31. CAPTIONS AND HEADINGS

Section 32. SUCCESSORS, HEIRS, AND ASSIGNS

Section 33. GENDER; SINGULAR AND PLURAL

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

Section 34. SEVERABILITY

Section 35. GOVERNING LAW

Section 36. DEFAULT

15 Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068

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

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

Section 37. CUMULATIVE REMEDIES

Section 38. VENUE

Section 39. ATTORNEYS’ FEES

Section 40. EFFECTIVENESS OF AGREEMENT

Section 41. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING

AGREEMENT

Section 42. COUNTERPARTS

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

(END OF THIS PAGE)
17 Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068

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

CITY OF VICTORVILLE GEOCON WEST, INC.

By: By:

Name: Elizabeth Becerra Name: Neal Berliner, GE

Title: Mayor Title: President

Date: Date:

ATTEST

____________________________________
Jennifer Thompson, City Clerk

APPROVED AS TO FORM

___________________________________
Andre de Bortnowsky, City Attorney

RISK MANAGEMENT

___________________________________
Sandra Bostick, Risk Manager

18 Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068

EXHIBIT A

SCOPE OF SERVICES

CITY OF VICTORVILLE , CALIFORNIA
Section C Scope of Services RFQ - GEOTECHNICAL & ENGINEERING TESTING SERVICES, CC24-068 Page C-1
SECTION C – SCOPE OF SERVICES

1. CITY BACKGROUND
The City of Victorville covers approximately 74 square miles and is home to roughly 134,000 residents, 20 city parks, six major retail centers, and three industrial parks, which include the Southern California Logi
stics Airport (SCLA). The City also offers multi-modal transportation capabilities by bringing together ground, rail, bike lanes, and air transportation for businesses, with easy access to the I-15, US-395, and SR
-18. The City has approximately 450 centerline miles of roadways. The City also operates a citywide water district, and a wastewater treatment plant. On average, the City budgets 13 million dollars in capital improvement infrastructure and rehabilitation projects each year.

2. PRELIMINARY S COPE OF SERVICES
The Preliminary Scope of Services outlined herein is not intended to be comprehensive nor exclusive; it merely sets forth a general outline of anticipated work that may be expected. In general, the City requires the technical expertise of a consultant to provide geotechnical sampling and materials testing services f
or a range of public works and water projects throughout the City. This may include preliminary soil investigations and/or an analysis of existing site conditions to provide recommendations for future dev
elopments. More typical work may include special inspections of road work and underground utility work. This may further include sampling and testing of PCC concrete, collecting soils samples, conducting in-place relative density testing for base, subbase & subgrade soils, and the testing of asphalt compaction. Documentation of services provided will include detailed daily field reports of special inspections of construction activities/observations with labeled photographs and results of material testing. Monthly progress reports and the necessary equipment to perform the observation and testing ar
e expected for construction projects. All soils testing shall be conducted in accordance with ASTM Standards. All concrete testing shall be conducted in accordance with ASTM and/or ACI Standards. All t
echnicians and special inspectors shall be certified to perform and conduct laboratory and field tasks assigned by the Consultant. Therefore, the Consultant is expected to be able to perform, coordinate, and m
anage the completion of tasks described in this Section. The following is a preliminary scope of services/work that covers a variety of tasks, including but not limited to the following:

EXHIBIT A
19/Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068

CITY OF VICTORVILLE , CALIFORNIA
Section C Scope of Services RFQ - GEOTECHNICAL & ENGINEERING TESTING SERVICES, CC24-068 Page C-2
- Probing Material Compaction Adjacent to Structures
- Daily field reports
- Monthly summary reports
C Concrete/Masonry Special Inspection & Reporting Services The scope of work for concrete/masonry special inspection and reporting may include:
- Concrete/masonry Placement
- Concrete Sampling & Testing
- Mortar Sampling & Testing
- Grout Sampling & Testing
- Daily field reports
- Monthly summary reports
D Asphalt Concrete Special Inspection & Reporting Services The scope of work for asphalt concrete special inspection and reporting may include:
- Plant Inspection, Sampling of Aggregates
- Asphalt Sampling, Plant/Field
- Asphalt Laydown & Compaction Effort Observation
- Tack Application & Spread Rates
- Asphalt Compaction Testing
- Pavement Fabric Applications
- Smoothness Testing
- Daily field reports
- Monthly summary reports
E Pavement Evaluation, Analysis & Recommendations Services The scope of work for pavement evaluation, analysis, and recommendations may include:
- Coring, Sampling & Loging Soil Profile of Existing Pavement Structural Sections - Soil Sample Testing
- Structural Section Recommendations
- Surface Treatment Recommendations
- Quality Assurance Verification of Constructed Structural Section - Pavement Evaluation and Recommendation Report
F Standardized ASTM Laboratory Testing & Reporting Services The scope of work for laboratory testing and reporting may include but not be limited to:
- Soil Max Density & Optimum Moisture Content
- Soil Sand Equivalent
- Soil Gradation Sieve Analysis
- Aggregate Gradation Sieve Analysis
- Marshall Stability
- Marshal Density
- Asphalt Extraction-Solvent
- Sieve on Extracted Sample
- Theoretical Maximum Density
- Concrete Compressive Strength Testing
- R value

3. P ROJECT PERSONNEL
The Consultant shall provide project personnel who demonstrate competency and understanding of the tasks to be performed. The Consultant’s staff is expected to have experience performing tasks listed in

EXHIBIT A
20/Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068

CITY OF VICTORVILLE , CALIFORNIA
Section C Scope of Services RFQ - GEOTECHNICAL & ENGINEERING TESTING SERVICES, CC24-068 Page C-3
the Preliminary Scope of Services described herein and be capable at a minimum of performing the additional tasks listed in this S ection. Sub-consultants, if required, shall have previous experience completing the tasks being performed by the sub-consultant.

A Project Engineer (PE)
The Consultant (PE) shall be a licensed engineer i n responsible charge for all work as directed which may include quality assurance of field and laboratory work, certifying material test results, both laboratory and field comply with project specifications, reports of investigations or construction summaries, providing recommendations.

C Special Inspectors/Technicians
The Consultant shall provide experienced special inspectors and te chnicians with certifications
issued by ACI, ICC, NICET and/or AASHTO to perform the respective field observations, sampling and test methods utilized. For construction projects, the inspector will provide quality assurance testing and observations of contractor’s work to ensure conformance to plans and specifications. The inspector shall be responsible for reporting any observations or field tests performed on materials that do not meet specification requirements (failed) immediately to the City project manager or public works inspector. Daily Field Report (DFR) containing observations of work performed, where (street, alignment, STA, etc.), with what equipment, any issues etc., with or without test results shall be provided. One (1) original signed hard copy of all DFRs shall be submitted at the close of the project in the final project report with one (1) digital copy. Digital DFRs & test results are due to the City within 24 hours. The inspector does not provide the contractor with directions on how to proceed with the work , only test results . Copies of certifications for special inspectors and technicians shall be provided to the City prior to the start of work. The Consultant shall obtain prior written approval from the City for replacement of team members for any reason.

D Laboratory Technicians
T
he Consultant shall provide experienced laboratory technicians certified by ACI, ICC, NICET or AASHTO to perform the respective test methods utilized. Laboratory and technician certifications shall be provided to the City prior to the start of work.

EXHIBIT A
21/Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068

CITY OF VICTORVILLE , CALIFORNIA
Section C Scope of Services RFQ - GEOTECHNICAL & ENGINEERING TESTING SERVICES, CC24-068 Page C-4

5. PROJECT RECORDS AND DOCUMENTS
The Consultant is required to maintain all required records at its office for the duration of a construction project and submit to the City copies upon request. All draft reports, final reports, or other documents shall be typed and wet signed by the author. Handwritten documents will not be accepted. The City, its duly aut
horized representatives, and other jurisdictional agencies shall have access to any documents, books, papers, and records of the consultant (which are directly pertinent to a project) for the purpose of making an au
dit, examination, excerpts, and transcriptions. The City will be the owner of all original documents, and digital information.

For
field inspectors/t echnicians engaged in construction projects, the Consultant shall provide a unit price for all direct and indirect costs for each classification. The maximum billable time for a technician to arrive at a project site and perform no work due to cancellation shall be two (2) hours. The billable time for a workday shall be at a minimum of two (2) hours. ALL EQUIPMENT & LABOR REQUIRED

TO ENGAGE IN THE INSPECTION, SAMPLING, AND TESTING ( VEHICLE, TOOLS, TESTING A

PPARATUS(S), INCIDENTAL ITEMS) SHALL BE INCLUDED IN THE COST PER CLASSIFICATION UNIT HOURLY RATE. Travel time to and from the construction project site will not be reimbursable. The inspector/technician is expected to be onsite for the time billed to the project when work is performed and is required to check in and out with the City’s Public Works Inspector assigned to the project.

For example, t he F ee Schedule hourly unit price for a special inspector /technician engaged in construction inspection activities for a project shall include a unit cost to perform the following:
- Soils Inspector – earthwork/soils, daily field reports, observation, sampling, and relative density field testing of all placed, cut, fill, trench backfill, structure cut/fill soils and aggregates including vehicle, all tools, testing apparatus(s), and reporting/communication equipment. - Asphalt Inspector – asphalt concrete mixtures, daily field reports, observations, sampling and field testing of all placed asphalt including vehicle, all tools, testing apparatus(s), and reporting/communication equipment.
- Concrete Inspector – cement concrete mixtures, daily field reports, o bservation, sampling, and testing of concrete mixtures including vehicle, all tools, testing apparatus(s), and reporting/communication equipment.
- Shotcrete Inspector – cement concrete mixtures, daily field reports, o bservation, sampling, and testing of shotcrete mixtures including vehicle, all tools, testing apparatus(s), and reporting/communication equipment.

For laboratory work, AL L EQUIPMENT, MATERIALS & LABOR REQUIRED TO PERFORM LABORATORY WORK SHALL BE INCLUDED IN THE COST PER UNIT PRICE.

EXHIBIT A
22/Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068

CITY OF VICTORVILLE , CALIFORNIA
Section C Scope of Services RFQ - GEOTECHNICAL & ENGINEERING TESTING SERVICES, CC24-068 Page C-5
representative; please submit the list of technician(s) available and their resumes prior to the start of work.

7. CONSTRUCTION SUPPORT
A. M eetings – The Consultant may be required to attend pre -construction meetings and additional meetings when requested by the City.

B. O
wner of Project Documents – The City will be the owner of all original documents, and digital information. All digital and/or computer-generated drawings shall be the property of the City and one (
1) or
iginal copy shall be submitted to the City.

D. D
ispute Resolution – In the event of a materials failure or a materials dispute over the course of the project, the materials engineer/technician who provided construction support and services shall be available to help, advise and provide additional testing or other services as required.

8. RIGHT OF WAY
It is anticipated that all work will be performed within the City Public Right of Way. No work is permitted on
private property without the written permission of the property owner. In the event work is performed on private property, the City or contractor will provide copies of consent forms upon request.

9. INFORMATION AVAILABLE FROM THE CITY
The project plans & specifications will be sent to the consultant when a request for a quote is issued.

Project specific material submittals will be available upon request from the City Project Manager during construction.

10. DELIVERABLES
For construction projects, the Consultant shall submit a monthly invoice which shall be accompanied by a progress report that summarizes the work completed within the period. The Consultant can only invoice f
or costs actually incurred before invoicing the City. All work shall be billed per the agreed unit prices set forth in the accepted quote or fee schedule.

These documents may be transmitted electronically to the Project Manager B. For Construction projects, at the conclusion of the work and project closeout, the Consultant shall provide the City with an original hard copy and digital copy of all monthly progress reports and a final report summarizing the work performed wet signed by the principal engineer in responsible charge f
or oversight of laboratory and field testing activities for each project.

EXHIBIT A
23/Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068 24 Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068

EXHIBIT B
F

EE SCHEDULE
S
ee Attachment

EXHIBIT B
25/Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068

EXHIBIT B
26/Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068

EXHIBIT B
27/Consultant/Professional Services Provider Agreement/Geocon West, Inc., Project CC24-068

ATTACHMENT C
1 Consultant/Professional Services Provider Agreement/RMA Group/Project CC24-068-4

CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE
AND

R M A GROUP
FOR

ON-CALL GEOTECHNICAL AND ENGINEERING TESTING SERVICES,
PROJECT CC24-068-4

THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), dated this _____ day of ____________________, 20__ for reference purposes only, is made and entered into by and between THE CITY OF VICTORVILLE, a California charter city and municipal corporation, hereinafter referred to as the “ City”, and R M A Group , a California corporation, hereinafter referred to as “Consultant.” City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties.”

RECITALS:

WHEREAS, City does not have the personnel, specialized equipment, or technical expertise able to perform the work and services contracted for herein.

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

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE

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

Section 1. RECITALS

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

2 Consultant/Professional Services Provider Agreement/RMA Group/Project CC24-068-4

Section 2. SCOPE OF SERVICES; NON-EXCLUSIVE AGREEMENT

Section 3. COMPENSATION; SUBSEQUENT ON-CALL AUTHORIZATION(S)

Section 4. FEE SCHEDULE

this On-Call Agreement Project Number (CC24-068) and a project number, work authorization number, or purchase order number issued by the City for services requested to identify a specific City job; a description of all services/tasks performed, the number of hours expended on each service/task, the name of the person performing the service/task, and expense reimbursement information, if any, as required by Section 3, above. Each invoice shall further include a running balance of the On- call Agreement’s total contract expenditures to date. Provided that services have been satisfactorily rendered, Consultant’s invoices shall be paid by the City approximately thirty (30) working days following the City’s receipt. In the event of a conflict or inconsistency between this Agreement and Consultant’s Fee Schedule attached as Exhibit “B”, the provisions of this Agreement shall prevail, and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Agreement.

Section 5. STATE PREVAILING WAGE AND RELATED LABOR PROVISIONS

d. Payroll Records. Consultant and its subconsultants/subcontractors must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.

4 Consultant/Professional Services Provider Agreement/RMA Group/Project CC24-068-4

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

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

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

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

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

Section 6. TERM OF AGREEMENT

Section 7. INDEPENDENT CONTRACTOR STATUS

a. City retains Consultant on an independent contractor basis and not as an employee.

The Parties hereto warrant and represent that Consultant is an independent contractor and not an 6 Consultant/Professional Services Provider Agreement/RMA Group/Project CC24-068-4

employee, agent, joint venture, or partner of the City. The services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. Any employees performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such employees in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional employees, including: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

Section 8. NOT AGENT OF THE CITY

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

Section 9. PRINCIPAL REPRESENTATIVES

a. Slawek Dymerski, PE, GE, President/Principal-in-Charge, or his designee, is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement.

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

7 Consultant/Professional Services Provider Agreement/RMA Group/Project CC24-068-4

Section 10. LICENSES AND PERMITS

Section 11. STANDARD OF PERFORMANCE; WARRANTIES

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

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

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

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

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

Section 12. FAMILIARITY WITH WORK

Section 13. CONFLICTS OF INTEREST

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

Section 14. COMPLIANCE WITH LAWS

Section 15. INSURANCE

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

(5) Reserved.

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

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

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

Section 16. REPORTS

Upon request by City’s Project Manager or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, Consultant shall prepare and submit 10 Consultant/Professional Services Provider Agreement/RMA Group/Project CC24-068-4

reports to the City concerning Consultant's performance of the services required by this Agreement.

Section 17. RECORDS

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

Section 18. CONFIDENTIALITY; OWNERSHIP OF WORK

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

Section 19. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES

a. This Agreement may be modified or amended only by a written instrument signed by both Parties.
11 Consultant/Professional Services Provider Agreement/RMA Group/Project CC24-068-4

Section 20. NOTICES

To the City: Fredy A. Bonilla, PE, City Engineer
City of Victorville
14343 Civic Drive
Victorville, CA 92392

To Consultant: Slawek Dymerski, PE, GE, President/
Principal-In-Charge
R M A Group
12130 Santa Margarita Court
Rancho Cucamonga, CA 91730

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

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

Section 21. TERMINATION OR SUSPENSION

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

Section 22. TIME OF THE ESSENCE

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

12 Consultant/Professional Services Provider Agreement/RMA Group/Project CC24-068-4

Section 23. INDEMNIFICATION

Section 24. ENTIRE AGREEMENT

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

13 Consultant/Professional Services Provider Agreement/RMA Group/Project CC24-068-4

Section 25. AMBIGUITIES

Section 26. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES

Section 27. REVIEW BY ATTORNEYS

Each Party hereto has had its attorney(s) review this Agreement and all related documents.

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

Section 28. WAIVER

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

Section 29. ASSIGNMENT

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

Section 30. CARE OF WORK

Section 31. CAPTIONS AND HEADINGS

Section 32. SUCCESSORS, HEIRS, AND ASSIGNS

Section 33. GENDER; SINGULAR AND PLURAL

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

Section 34. SEVERABILITY

Section 35. GOVERNING LAW

Section 36. DEFAULT

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

15 Consultant/Professional Services Provider Agreement/RMA Group/Project CC24-068-4

Section 37. CUMULATIVE REMEDIES

Section 38. VENUE

Section 39. ATTORNEYS’ FEES

Section 40. EFFECTIVENESS OF AGREEMENT

Section 41. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING

AGREEMENT

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

Section 42. COUNTERPARTS

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

(END OF THIS PAGE)
16 Consultant/Professional Services Provider Agreement/RMA Group/Project CC24-068-4

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

CITY OF VICTORVILLE R M A GROUP

By: By:

Name: Elizabeth Becerra Name: Slawek Dymerski, PE, GE

Title: Mayor Title: President/Principal-In-Charge

Date: Date:

ATTEST

____________________________________
Jennifer Thompson, City Clerk

APPROVED AS TO FORM

___________________________________
Andre de Bortnowsky, City Attorney

RISK MANAGEMENT

___________________________________
Sandra Bostick, Risk Manager

17 Consultant/Professional Services Provider Agreement/RMA Group/Project CC24-068-4

EXHIBIT A

SCOPE OF SERVICES

SECTION C – SCOPE OF SERVICES

2. PRELIMINARY SCOPE OF SERVICES
The Preliminary Scope of Services outlined herein is not intended to be comprehensive nor exclusive; it merely sets forth a general outline of anticipated work that may be expected. In general, the City requires the technical expertise of a consultant to provide geotechnical sampling and materials testing services for a range of public works and water projects throughout the City. This may include preliminary soil investigations and/or an analysis of existing site conditions to provide recommendations for future developments. More typical work may include special inspections of road work and underground utility work. This may further include sampling and testing of PCC concrete, collecting soils samples, conducting in-place relative density testing for base, subbase & subgrade soils, and the testing of asphalt compaction. Documentation of services provided will include detailed daily field reports of special inspections of construction activities/observations with labeled photographs and results of material testing. Monthly progress reports and the necessary equipment to perform the observation and testing are expected for construction projects. All soils testing shall be conducted in accordance with ASTM Standards. All concrete testing shall be conducted in accordance with ASTM and/or ACI Standards. All technicians and special inspectors shall be certified to perform and conduct laboratory and field tasks assigned by the Consultant. Therefore, the Consultant is expected to be able to perform, coordinate, and manage the completion of tasks described in this Section. The following is a preliminary scope of services/work that covers a variety of tasks, including but not limited to the following:

EXHIBIT A
19/Consultant/Professional Services Provider Agreement/R M A Group, Project CC24-068-4 - Probing Material Compaction Adjacent to Structures
- Daily field reports
- Monthly summary reports
C Concrete/Masonry Special Inspection & Reporting Services The scope of work for concrete/masonry special inspection and reporting may include:
- Concrete/masonry Placement
- Concrete Sampling & Testing
- Mortar Sampling & Testing
- Grout Sampling & Testing
- Daily field reports
- Monthly summary reports
D Asphalt Concrete Special Inspection & Reporting Services The scope of work for asphalt concrete special inspection and reporting may include:
- Plant Inspection, Sampling of Aggregates
- Asphalt Sampling, Plant/Field
- Asphalt Laydown & Compaction Effort Observation
- Tack Application & Spread Rates
- Asphalt Compaction Testing
- Pavement Fabric Applications
- Smoothness Testing
- Daily field reports
- Monthly summary reports
E Pavement Evaluation, Analysis & Recommendations Services The scope of work for pavement evaluation, analysis, and recommendations may include:
- Coring, Sampling & Loging Soil Profile of Existing Pavement Structural Sections - Soil Sample Testing
- Structural Section Recommendations
- Surface Treatment Recommendations
- Quality Assurance Verification of Constructed Structural Section - Pavement Evaluation and Recommendation Report
F Standardized ASTM Laboratory Testing & Reporting Services The scope of work for laboratory testing and reporting may include but not be limited to:
- Soil Max Density & Optimum Moisture Content
- Soil Sand Equivalent
- Soil Gradation Sieve Analysis
- Aggregate Gradation Sieve Analysis
- Marshall Stability
- Marshal Density
- Asphalt Extraction-Solvent
- Sieve on Extracted Sample
- Theoretical Maximum Density
- Concrete Compressive Strength Testing
- R value

EXHIBIT A
20/Consultant/Professional Services Provider Agreement/R M A Group, Project CC24-068-4 the Preliminary Scope of Services described herein and be capable at a minimum of performing the additional tasks listed in this S ection. Sub-consultants, if required, shall have previous experience completing the tasks being performed by the sub-consultant.

A Project Engineer (PE)
The Consultant (PE) shall be a licensed engineer in respo nsible charge for all work as directed which may include quality assurance of field and laboratory work, certifying material test results, both laboratory and field comply with project specifications, reports of investigations or construction summaries, providing recommendations.

C Special Inspectors/Technicians
The Consultant shall provide experienced special inspectors and technic ians with certifications
issued by ACI, ICC, NICET and/or AASHTO to perform the respective field observations, sampling and test methods utilized. For construction projects, the inspector will provide quality assurance testing and observations of contractor’s work to ensure conformance to plans and specifications. The inspector shall be responsible for reporting any observations or field tests performed on materials that do not meet specification requirements (failed) immediately to the City project manager or public works inspector. Daily Field Report (DFR) containing observations of work performed, where (street, alignment, STA, etc.), with what equipment, any issues etc., with or without test results shall be provided. One (1) original signed hard copy of all DFRs shall be submitted at the close of the project in the final project report with one (1) digital copy. Digital DFRs & test results are due to the City within 24 hours. The inspector does not provide the contractor with directions on how to proceed with the work , only test results . Copies of certifications for special inspectors and technicians shall be provided to the City prior to the start of work. The Consultant shall obtain prior written approval from the City for replacement of team members for any reason.

D Laboratory Technicians
The Cons
ultant shall provide experienced laboratory technicians certified by ACI, ICC, NICET or AASHTO to perform the respective test methods utilized. Laboratory and technician certifications shall be provided to the City prior to the start of work.

EXHIBIT A
21/Consultant/Professional Services Provider Agreement/R M A Group, Project CC24-068-4

For field inspectors/technic ians engaged in construction projects, the Consultant shall provide a unit price for all direct and indirect costs for each classification. The maximum billable time for a technician to arrive at a project site and perform no work due to cancellation shall be two (2) hours. The billable time for a workday shall be at a minimum of two (2) hours. ALL EQUIPMENT & LABOR REQUIRED

TO ENGAGE IN THE INSPECTION, SAMPLING, AND TESTING ( VEHICLE, TOOLS, TESTING

For example, t he Fee Sched ul e hourly unit price for a special inspector /technician engaged in construction inspection activities for a project shall include a unit cost to perform the following:
- Soils Inspector – eart hwork/soils, daily field reports, observation, sampling, and relative density field testing of all placed, cut, fill, trench backfill, structure cut/fill soils and aggregates including vehicle, all tools, testing apparatus(s), and reporting/communication equipment. - Asphalt Inspector – asphalt concrete mixtures, daily field reports, observations, sampling and field testing of all placed asphalt including vehicle, all tools, testing apparatus(s), and reporting/communication equipment.
- Concrete Inspector – cement concrete mixtures, daily field reports, o bservation, sampling, and testing of concrete mixtures including vehicle, all tools, testing apparatus(s), and reporting/communication equipment.
- Shotcrete Inspector – cement concrete mixtures, daily field reports, o bservation, sampling, and testing of shotcrete mixtures including vehicle, all tools, testing apparatus(s), and reporting/communication equipment.

For laboratory work, ALL EQUI PMENT, MATERIALS & LABOR REQUIRED TO PERFORM LABORATORY WORK SHALL BE INCLUDED IN THE COST PER UNIT PRICE.

EXHIBIT A
22/Consultant/Professional Services Provider Agreement/R M A Group, Project CC24-068-4 representative; please submit the list of technician(s) available and their resumes prior to the start of work.

7. CONSTRUCTION SUPPORT
A. Meetings – The Consultant may be required to attend pre -construction meetings and additional meetings when requested by the City.

9. INFORMATION AVAILABLE FROM THE CITY
The project plans & specifications will be sent to the consultant when a request for a quote is issued.

Project specific material submittals will be available upon request from the City Project Manager during construction.

EXHIBIT A
23/Consultant/Professional Services Provider Agreement/R M A Group, Project CC24-068-4 18 Consultant/Professional Services Provider Agreement/RMA Group/Project CC24-068-4

EXHIBIT B

FEE SCHEDULE

See Attachment

EXHIBIT B
25/Consultant/Professional Services Provider Agreement/RMA Group/Project CC24-068-4

EXHIBIT B
26/Consultant/Professional Services Provider Agreement/RMA Group/Project CC24-068-4

EXHIBIT B
27/Consultant/Professional Services Provider Agreement/RMA Group/Project CC24-068-4

EXHIBIT B
28/Consultant/Professional Services Provider Agreement/RMA Group/Project CC24-068-4

EXHIBIT B
29/Consultant/Professional Services Provider Agreement/RMA Group/Project CC24-068-4

EXHIBIT B
30/Consultant/Professional Services Provider Agreement/RMA Group/Project CC24-068-4

EXHIBIT B
31/Consultant/Professional Services Provider Agreement/RMA Group/Project CC24-068-4

EXHIBIT B
32/Consultant/Professional Services Provider Agreement/RMA Group/Project CC24-068-4

EXHIBIT B
33/Consultant/Professional Services Provider Agreement/RMA Group/Project CC24-068-4

EXHIBIT B
34/Consultant/Professional Services Provider Agreement/RMA Group/Project CC24-068-4

EXHIBIT B
35/Consultant/Professional Services Provider Agreement/RMA Group/Project CC24-068-4

ATTACHMENT D
1 Consultant/Professional Services Provider Agreement/ Ninyo & Moore Geotechnical and Environmental Sciences Consultants Project CC24-068-3

CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE
AND

NINYO & MOORE GEOTECHNICAL AND ENVIRONMENTAL

SCIENCES CONSULTANTS
FOR

ON-CALL GEOTECHNICAL AND ENGINEERING TESTING SERVICES,
PROJECT CC24-068-3

THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), dated this _____ day of ____________________, 20__ for reference purposes only, is made and entered into by and between THE CITY OF VICTORVILLE, a California charter city and municipal corporation, hereinafter referred to as the “ City”, and Ninyo & Moore Geotechnical and Environmental Sciences Consultants, a California corporation, hereinafter referred to as “Consultant.” City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties.”

RECITALS:

WHEREAS, City does not have the personnel, specialized equipment, or technical expertise able to perform the work and services contracted for herein.

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

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE

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

2 Consultant/Professional Services Provider Agreement/ Ninyo & Moore Geotechnical and Environmental Sciences Consultants Project CC24-068-3

Section 1. RECITALS

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

Section 2. SCOPE OF SERVICES; NON-EXCLUSIVE AGREEMENT

Section 3. COMPENSATION; SUBSEQUENT ON-CALL AUTHORIZATION(S)

Section 4. FEE SCHEDULE

a. The City shall pay Consultant based upon Consultant’s Fee Schedule attached hereto as Exhibit “B”, but only for such services/work as are authorized by subsequently executed work authorizations, which may take the form of City purchase orders or task orders. b. City may request that Consultant perform non -complex or limited duration on- call work/services (which shall be performed at the rates set forth in the attached Exhibit “B”) or may issue per-project requests for submission of written quotes for more complex projects (which may be performed for rates/unit prices that vary from those Exhibit “B”, provided that good cause justifying any request variance is specified in Consultant’s written submitted quote). The foregoing 3 Consultant/Professional Services Provider Agreement/ Ninyo & Moore Geotechnical and Environmental Sciences Consultants Project CC24-068-3

notwithstanding, absent a written amendment to this Agreement, in no event shall City’s payments to Consultant exceed the compensation amount set forth in Section _3.a. No purchase order, task order or other work authorization can alter said compensation amount.

c. The provisions of Exhibit “B” and this Section notwithstanding, in order to receive payments, Consultant must submit to the City detailed monthly invoices which include, as applicable, this On-Call Agreement Project Number (CC24-068) and a project number, work authorization number, or purchase order number issued by the City for services requested to identify a specific City job; a description of all services/tasks performed, the number of hours expended on each service/task, the name of the person performing the service/task, and expense reimbursement information, if any, as required by Section 3, above. Each invoice shall further include a running balance of the On- call Agreement’s total contract expenditures to date. Provided that services have been sat isfactorily rendered, Consultant’s invoices shall be paid by the City approximately thirty (30) working days following the City’s receipt. In the event of a conflict or inconsistency between this Agreement and Consultant’s Fee Schedule attached as Exhibit “B”, the provisions of this Agreement shall prevail, and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Agreement.

Section 5. STATE PREVAILING WAGE AND RELATED LABOR PROVISIONS

4 Consultant/Professional Services Provider Agreement/ Ninyo & Moore Geotechnical and Environmental Sciences Consultants Project CC24-068-3

d. Payroll Records. Consultant and its subconsultants/subcontractors must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.

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

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

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

g. Other Labor Requirements. Consultant has the responsibility for and shall comply with all other applicable requirements of Labor Code Section 1720 et seq., Labor Code Section 1810 et seq., the Regulations, and all other applicable State labor laws. Consultant further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and 5 Consultant/Professional Services Provider Agreement/ Ninyo & Moore Geotechnical and Environmental Sciences Consultants Project CC24-068-3

effectuating compliance with those laws. Consultant shall require the same of all its subconsultants or subcontractors.

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

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

Section 6. TERM OF AGREEMENT

This Agreement may be extended for Two (2) additional one-year period(s) (each hereinafter an “Option Period”), at the option of City, subject to satisfactory performance as determined by the City. City shall give Consultant sixty (60) days advance written notice prior to the expiration the Initial Term and sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the City decide to exercise its option(s) to extend. In the event City does not give Consultant such written notice of its option to extend, this Agreement shall terminate at the end of the then-current Term or Option Period without further notice from either Party, unless terminated earlier pursuant to the provisions 6 Consultant/Professional Services Provider Agreement/ Ninyo & Moore Geotechnical and Environmental Sciences Consultants Project CC24-068-3

of Section 21 below. Should the City fail to give Consultant the sixty (60) days written notice of its intention to exercise any Option Period, the City may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Consultant.

Section 7. INDEPENDENT CONTRACTOR STATUS

a. City retains Consultant on an independent contractor basis and not as an employee.

Section 8. NOT AGENT OF THE CITY

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

Section 9. PRINCIPAL REPRESENTATIVES

a. Garreth Saiki, PE, GE, Principal Engineer, or his designee, is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement. 7 Consultant/Professional Services Provider Agreement/ Ninyo & Moore Geotechnical and Environmental Sciences Consultants Project CC24-068-3

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

Section 10. LICENSES AND PERMITS

Section 11. STANDARD OF PERFORMANCE; WARRANTIES

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

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

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

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

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

Section 12. FAMILIARITY WITH WORK

8 Consultant/Professional Services Provider Agreement/ Ninyo & Moore Geotechnical and Environmental Sciences Consultants Project CC24-068-3

Section 13. CONFLICTS OF INTEREST

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

Section 14. COMPLIANCE WITH LAWS

Section 15. INSURANCE

(2) Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any 9 Consultant/Professional Services Provider Agreement/ Ninyo & Moore Geotechnical and Environmental Sciences Consultants Project CC24-068-3

vehicle utilized by Consultant or its officers, employees/personnel, servants, volunteers, agents, and Subcontractors in performing the services required by this Agreement.

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

(5) Reserved.

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

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

10 Consultant/Professional Services Provider Agreement/ Ninyo & Moore Geotechnical and Environmental Sciences Consultants Project CC24-068-3

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

Section 16. REPORTS

Section 17. RECORDS

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

Section 18. CONFIDENTIALITY; OWNERSHIP OF WORK

11 Consultant/Professional Services Provider Agreement/ Ninyo & Moore Geotechnical and Environmental Sciences Consultants Project CC24-068-3

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

Section 19. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES

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

Section 20. NOTICES

To the City: Fredy A. Bonilla, PE, City Engineer
City of Victorville
14343 Civic Drive
Victorville, CA 92392

To Consultant: Garreth Saiki, PE, GE, Principal Engineer Ninyo & Moore Geotechnical and Environmental
Sciences Consultants
7888 Cherry Ave., Unit I
Fontana, CA 92336

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

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

Section 21. TERMINATION OR SUSPENSION

a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of termination, the City shall 12 Consultant/Professional Services Provider Agreement/ Ninyo & Moore Geotechnical and Environmental Sciences Consultants Project CC24-068-3

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

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

Section 22. TIME OF THE ESSENCE

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

Section 23. INDEMNIFICATION

13 Consultant/Professional Services Provider Agreement/ Ninyo & Moore Geotechnical and Environmental Sciences Consultants Project CC24-068-3

Section 24. ENTIRE AGREEMENT

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

Section 25. AMBIGUITIES

Section 26. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES

Section 27. REVIEW BY ATTORNEYS

Each Party hereto has had its attorney(s) review this Agreement and all related documents.

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

Section 28. WAIVER

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

14 Consultant/Professional Services Provider Agreement/ Ninyo & Moore Geotechnical and Environmental Sciences Consultants Project CC24-068-3

Section 29. ASSIGNMENT

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

Section 30. CARE OF WORK

Section 31. CAPTIONS AND HEADINGS

Section 32. SUCCESSORS, HEIRS, AND ASSIGNS

Section 33. GENDER; SINGULAR AND PLURAL

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

Section 34. SEVERABILITY

Section 35. GOVERNING LAW

Section 36. DEFAULT

a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the 15 Consultant/Professional Services Provider Agreement/ Ninyo & Moore Geotechnical and Environmental Sciences Consultants Project CC24-068-3

alleged default within fifteen (15) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder.

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

Section 37. CUMULATIVE REMEDIES

Section 38. VENUE

Section 39. ATTORNEYS’ FEES

Section 40. EFFECTIVENESS OF AGREEMENT

16 Consultant/Professional Services Provider Agreement/ Ninyo & Moore Geotechnical and Environmental Sciences Consultants Project CC24-068-3

Section 41. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING

AGREEMENT

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

Section 42. COUNTERPARTS

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

(END OF THIS PAGE)
17 Consultant/Professional Services Provider Agreement/ Ninyo & Moore Geotechnical and Environmental Sciences Consultants Project CC24-068-3

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

CITY OF VICTORVILLE NINYO & MOORE GEOTECHNICAL AND

ENVIRONMENTAL SCIENCES CONSULTANTS

By: By:

Name: Elizabeth Becerra Name: Garreth Saiki, PE, GE

Title: Mayor Title: Principal Engineer

Date: Date:

ATTEST

____________________________________
Jennifer Thompson, City Clerk

APPROVED AS TO FORM

___________________________________
Andre de Bortnowsky, City Attorney

RISK MANAGEMENT

___________________________________
Sandra Bostick, Risk Manager

18 Consultant/Professional Services Provider Agreement/ Ninyo & Moore Geotechnical and Environmental Sciences Consultants Project CC24-068-3

EXHIBIT A

SCOPE OF SERVICES

SECTION C – SCOPE OF SERVICES

2. PRELIMINARY SCOPE O F SERVICES
The Preliminary Scope of Services outlined herein is not intended to be comprehensive nor exclusive; it merely sets forth a general outline of anticipated work that may be expected. In general, the City requires the technical expertise of a consultant to provide geotechnical sampling and materials testing services for a range of public works and water projects throughout the City. This may include preliminary soil investigations and/or an analysis of existing site conditions to provide recommendations for future developments. More typical work may include special inspections of road work and underground utility work. This may further include sampling and testing of PCC concrete, collecting soils samples, conducting in-place relative density testing for base, subbase & subgrade soils, and the testing of asphalt compaction. Documentation of services provided will include detailed daily field reports of special inspections of construction activities/observations with labeled photographs and results of material testing. Monthly progress reports and the necessary equipment to perform the observation and testing are expected for construction projects. All soils testing shall be conducted in accordance with ASTM Standards. All concrete testing shall be conducted in accordance with ASTM and/or ACI Standards. All technicians and special inspectors shall be certified to perform and conduct laboratory and field tasks assigned by the Consultant. Therefore, the Consultant is expected to be able to perform, coordinate, and manage the completion of tasks described in this Section. The following is a preliminary scope of services/work that covers a variety of tasks, including but not limited to the following:

EXHIBIT A
19/Consultant/Professional Services Provider Agreement/Ninyo & Moore Geotechnical and Environmental Sciences Consultants, Project CC24-068-3 - Probing Material Compaction Adjacent to Structures
- Daily field reports
- Monthly summary reports
C Concrete/Masonry Special Inspection & Reporting Services The scope of work for concrete/masonry special inspection and reporting may include:
- Concrete/masonry Placement
- Concrete Sampling & Testing
- Mortar Sampling & Testing
- Grout Sampling & Testing
- Daily field reports
- Monthly summary reports
D Asphalt Concrete Special Inspection & Reporting Services The scope of work for asphalt concrete special inspection and reporting may include:
- Plant Inspection, Sampling of Aggregates
- Asphalt Sampling, Plant/Field
- Asphalt Laydown & Compaction Effort Observation
- Tack Application & Spread Rates
- Asphalt Compaction Testing
- Pavement Fabric Applications
- Smoothness Testing
- Daily field reports
- Monthly summary reports
E Pavement Evaluation, Analysis & Recommendations Services The scope of work for pavement evaluation, analysis, and recommendations may include:
- Coring, Sampling & Loging Soil Profile of Existing Pavement Structural Sections - Soil Sample Testing
- Structural Section Recommendations
- Surface Treatment Recommendations
- Quality Assurance Verification of Constructed Structural Section - Pavement Evaluation and Recommendation Report
F Standardized ASTM Laboratory Testing & Reporting Services The scope of work for laboratory testing and reporting may include but not be limited to:
- Soil Max Density & Optimum Moisture Content
- Soil Sand Equivalent
- Soil Gradation Sieve Analysis
- Aggregate Gradation Sieve Analysis
- Marshall Stability
- Marshal Density
- Asphalt Extraction-Solvent
- Sieve on Extracted Sample
- Theoretical Maximum Density
- Concrete Compressive Strength Testing
- R value

EXHIBIT A
20/Consultant/Professional Services Provider Agreement/Ninyo & Moore Geotechnical and Environmental Sciences Consultants, Project CC24-068-3 the Preliminary Scope of Services described herein and be capable at a minimum of performing the additional tasks listed in this S ection. Sub-consultants, if required, shall have previous experience completing the tasks being performed by the sub-consultant.

A Project Engineer (PE)
The Consultant (PE) shall be a licensed engineer in res ponsible charge for all work as directed which may include quality assurance of field and laboratory work, certifying material test results, both laboratory and field comply with project specifications, reports of investigations or construction summaries, providing recommendations.

C Special Inspectors/Technicians
The Consultant shall provide experienced special inspectors and techn icians with certifications
issued by ACI, ICC, NICET and/or AASHTO to perform the respective field observations, sampling and test methods utilized. For construction projects, the inspector will provide quality assurance testing and observations of contractor’s work to ensure conformance to plans and specifications. The inspector shall be responsible for reporting any observations or field tests performed on materials that do not meet specification requirements (failed) immediately to the City project manager or public works inspector. Daily Field Report (DFR) containing observations of work performed, where (street, alignment, STA, etc.), with what equipment, any issues etc., with or without test results shall be provided. One (1) original signed hard copy of all DFRs shall be submitted at the close of the project in the final project report with one (1) digital copy. Digital DFRs & test results are due to the City within 24 hours. The inspector does not provide the contractor with directions on how to proceed with the work , only test results . Copies of certifications for special inspectors and technicians shall be provided to the City prior to the start of work. The Consultant shall obtain prior written approval from the City for replacement of team members for any reason.

D Laboratory Technicians
The C
onsultant shall provide experienced laboratory technicians certified by ACI, ICC, NICET or AASHTO to perform the respective test methods utilized. Laboratory and technician certifications shall be provided to the City prior to the start of work.

EXHIBIT A
21/Consultant/Professional Services Provider Agreement/Ninyo & Moore Geotechnical and Environmental Sciences Consultants, Project CC24-068-3

For field inspectors/techni cians engaged in construction projects, the Consultant shall provide a unit price for all direct and indirect costs for each classification. The maximum billable time for a technician to arrive at a project site and perform no work due to cancellation shall be two (2) hours. The billable time for a workday shall be at a minimum of two (2) hours. ALL EQUIPMENT & LABOR REQUIRED

TO ENGAGE IN THE INSPECTION, SAMPLING, AND TESTING ( VEHICLE, TOOLS, TESTING

For example, t he Fee Sc hed ule hourly unit price for a special inspector /technician engaged in construction inspection activities for a project shall include a unit cost to perform the following:
- Soils Inspector – ear thwork/soils, daily field reports, observation, sampling, and relative density field testing of all placed, cut, fill, trench backfill, structure cut/fill soils and aggregates including vehicle, all tools, testing apparatus(s), and reporting/communication equipment. - Asphalt Inspector – asphal t concrete mixtures, daily field reports, observations, sampling and field testing of all placed asphalt including vehicle, all tools, testing apparatus(s), and reporting/communication equipment.
- Concrete Inspector – cemen t concrete mixtures, daily field reports, o bservation, sampling, and testing of concrete mixtures including vehicle, all tools, testing apparatus(s), and reporting/communication equipment.
- Shotcrete Inspector – ceme nt concrete mixtures, daily field reports, o bservation, sampling, and testing of shotcrete mixtures including vehicle, all tools, testing apparatus(s), and reporting/communication equipment.

For laboratory work, ALL EQU IPMENT, MATERIALS & LABOR REQUIRED TO PERFORM LABORATORY WORK SHALL BE INCLUDED IN THE COST PER UNIT PRICE.

EXHIBIT A
22/Consultant/Professional Services Provider Agreement/Ninyo & Moore Geotechnical and Environmental Sciences Consultants, Project CC24-068-3 representative; please submit the list of technician(s) available and their resumes prior to the start of work.

7. CONSTRUCTION SUPPORT
A. Meetings – The Consultant may be required to attend pre -construction meetings and additional meetings when requested by the City.

9. INFORMATION AVAILABLE FROM THE CITY
The project plans & specifications will be sent to the consultant when a request for a quote is issued.

Project specific material submittals will be available upon request from the City Project Manager during construction.

EXHIBIT A
23/Consultant/Professional Services Provider Agreement/Ninyo & Moore Geotechnical and Environmental Sciences Consultants, Project CC24-068-3 19 Consultant/Professional Services Provider Agreement/ Ninyo & Moore Geotechnical and Environmental Sciences Consultants Project CC24-068-3

EXHIBIT B

FEE SCHEDULE

See Attachment

EXHIBIT B
25/Consultant/Professional Services Provider Agreement/Ninyo & Moore Geotechnical and Environmental Sciences Consultants

EXHIBIT B
26/Consultant/Professional Services Provider Agreement/Ninyo & Moore Geotechnical and Environmental Sciences Consultants

ATTACHMENT E
1 Consultant/Professional Services Provider Agreement/FENAGH, INC., Project CC24-068-1

CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE
AND
FENAGH, INC.

FOR

ON-CALL GEOTECHNICAL AND ENGINEERING TESTING SERVICES,
PROJECT CC24-068-1

THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), dated this _____ day of ____________________, 20__ for reference purposes only, is made and entered into by and between THE CITY OF VICTORVILLE, a California charter city and municipal corporation, hereinafter referred to as the “City”, and Fenagh, inc., a Nevada corporation, hereinafter referred to as “ Consultant.” City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties.”

RECITALS:

WHEREAS, City does not have the personnel, specialized equipment, or technical expertise able to perform the work and services contracted for herein.

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

PROMISES CONTAINED HEREIN A ND FOR SUCH OTHER GOOD AND VALUABLE

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

Section 1. RECITALS

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

2 Consultant/Professional Services Provider Agreement/FENAGH, INC., Project CC24-068-1

Section 2. SCOPE OF SERVICES; NON-EXCLUSIVE AGREEMENT

Section 3. COMPENSATION; SUBSEQUENT ON-CALL AUTHORIZATION(S)

Section 4. FEE SCHEDULE

this On-Call Agreement Project Number (CC24-068) and a project number, work authorization number, or purchase order number issued by the City for services requested to identify a specific City job; a description of all services/tasks performed, the number of hours expended on each service/task, the name of the person performing the service/task, and expense reimbursement information, if any, as required by Section 3, above. Each invoice shall further include a running balance of the On- call Agreement’s total contract expenditures to date. Provided that services have been sat isfactorily rendered, Consultant’s invoices shall be paid by the City approximately thirty (30) working days following the City’s receipt. In the event of a conflict or inconsistency between this Agreement and Consultant’s Fee Schedule attached as Exhibit “B”, the provisions of this Agreement shall prevail, and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Agreement.

Section 5. STATE PREVAILING WAGE AND RELATED LABOR PROVISIONS

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

d. Payroll Records. Consultant and its subconsultants/subcontractors must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.

4 Consultant/Professional Services Provider Agreement/FENAGH, INC., Project CC24-068-1

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

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

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

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

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

(2) Pursuant to Labor Code Section 1813, Consultant and its subconsultants or subcontractors shall, as a penalty to the City, forfeit twenty -five dollars ($ 25) for each worker employed in the execution of this Agreement by the respective Consultant or subconsultant/subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, except as specified in Labor Code Section 1815. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day.

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

Section 6. TERM OF AGREEMENT

Section 7. INDEPENDENT CONTRACTOR STATUS

a. City retains Consultant on an independent contractor basis and not as an employee.

The Parties hereto warrant and represent that Consultant is an independent contractor and not an 6 Consultant/Professional Services Provider Agreement/FENAGH, INC., Project CC24-068-1

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

Section 8. NOT AGENT OF THE CITY

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

Section 9. PRINCIPAL REPRESENTATIVES

a. Jeff Johnson, Regional Vice President, or his/her designee, is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement.

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

7 Consultant/Professional Services Provider Agreement/FENAGH, INC., Project CC24-068-1

Section 10. LICENSES AND PERMITS

Section 11. STANDARD OF PERFORMANCE; WARRANTIES

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

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

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

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

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

Section 12. FAMILIARITY WITH WORK

Section 13. CONFLICTS OF INTEREST

b. Consultant warrants and represents that it has no known relationships with third parties, City Council members, or employees of City which would: (1) present a conflict of interest pursuant to California Government Code Section 1090, the Political Reform A ct (Government Code § 81000 et 8 Consultant/Professional Services Provider Agreement/FENAGH, INC., Project CC24-068-1

seq.), or any other applicable conflict of interest law; or (2) prevent Consultant from performing the Services required by this Agreement.

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

Section 14. COMPLIANCE WITH LAWS

Section 15. INSURANCE

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

9 Consultant/Professional Services Provider Agreement/FENAGH, INC., Project CC24-068-1

(5) Reserved.

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

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

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

10 Consultant/Professional Services Provider Agreement/FENAGH, INC., Project CC24-068-1

Section 16. REPORTS

Section 17. RECORDS

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

Section 18. CONFIDENTIALITY; OWNERSHIP OF WORK

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

d. All original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the property of the City and shall be surrendered to the City upon the completion of Consultant’s services or when requested by City’s Proje ct Manager Such materials may be used, reused or otherwise disposed of by the City without the permission of Consultant.

11 Consultant/Professional Services Provider Agreement/FENAGH, INC., Project CC24-068-1

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

Section 19. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES

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

Section 20. NOTICES

To the City: Fredy A. Bonilla, PE, City Engineer
City of Victorville
14343 Civic Drive
Victorville, CA 92392

To Consultant: Jeff Johnson, Regional VP

Fenagh, Inc.
9070 Center Avenue
Rancho Cucamonga, CA 91730

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

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

Section 21. TERMINATION OR SUSPENSION

b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination or suspension provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of termination, the Ci ty shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination. 12 Consultant/Professional Services Provider Agreement/FENAGH, INC., Project CC24-068-1

Section 22. TIME OF THE ESSENCE

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

Section 23. INDEMNIFICATION

Section 24. ENTIRE AGREEMENT

a. This Agreement supersedes any and all prior or contemporaneous Agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement. 13 Consultant/Professional Services Provider Agreement/FENAGH, INC., Project CC24-068-1

Section 25. AMBIGUITIES

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

Section 26. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES

Section 27. REVIEW BY ATTORNEYS

Each Party hereto has had its attorney(s) review this Agreement and all related documents.

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

Section 28. WAIVER

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

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

Section 29. ASSIGNMENT

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

Section 30. CARE OF WORK

cost to the City, when such incomplete, inaccurate, or defective work is due to the negligence of Consultant. Consultant shall adopt reasonable methods dur ing the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to pers ons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.

Section 31. CAPTIONS AND HEADINGS

Section 32. SUCCESSORS, HEIRS, AND ASSIGNS

Section 33. GENDER; SINGULAR AND PLURAL

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

Section 34. SEVERABILITY

Section 35. GOVERNING LAW

Section 36. DEFAULT

b. The Party claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no 15 Consultant/Professional Services Provider Agreement/FENAGH, INC., Project CC24-068-1

right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein.

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

Section 37. CUMULATIVE REMEDIES

Section 38. VENUE

Section 39. ATTORNEYS’ FEES

Section 40. EFFECTIVENESS OF AGREEMENT

Section 41. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING

AGREEMENT

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

16 Consultant/Professional Services Provider Agreement/FENAGH, INC., Project CC24-068-1

Section 42. COUNTERPARTS

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

(END OF THIS PAGE)
17 Consultant/Professional Services Provider Agreement/FENAGH, INC., Project CC24-068-1

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

CITY OF VICTORVILLE FENAGH, INC.

By: By:

Name: Elizabeth Becerra Name: Jeff Johnson

Title: Mayor Title: Regional Vice President

Date: Date:

ATTEST

____________________________________
Jennifer Thompson, City Clerk

APPROVED AS TO FORM

___________________________________
Andre de Bortnowsky, City Attorney

RISK MANAGEMENT

___________________________________
Sandra Bostick, Risk Manager

18 Consultant/Professional Services Provider Agreement/FENAGH, INC., Project CC24-068-1

EXHIBIT A

SCOPE OF SERVICES

SECTION C – SCOPE OF SERVICES

2. PR ELIMINARY SCO PE OF SERVICES
The Preliminary Scope of Services outlined herein is not intended to be comprehensive nor exclusive; it merely sets forth a general outline of anticipated work that may be expected. In general, the City requires the technical expertise of a consultant to provide geotechnical sampling and materials testing services for a range of public works and water projects throughout the City. This may include preliminary soil investigations and/or an analysis of existing site conditions to provide recommendations for future developments. More typical work may include special inspections of road work and underground utility work. This may further include sampling and testing of PCC concrete, collecting soils samples, conducting in-place relative density testing for base, subbase & subgrade soils, and the testing of asphalt compaction. Documentation of services provided will include detailed daily field reports of special inspections of construction activities/observations with labeled photographs and results of material testing. Monthly progress reports and the necessary equipment to perform the observation and testing are expected for construction projects. All soils testing shall be conducted in accordance with ASTM Standards. All concrete testing shall be conducted in accordance with ASTM and/or ACI Standards. All technicians and special inspectors shall be certified to perform and conduct laboratory and field tasks assigned by the Consultant. Therefore, the Consultant is expected to be able to perform, coordinate, and manage the completion of tasks described in this Section. The following is a preliminary scope of services/work that covers a variety of tasks, including but not limited to the following:

EXHIBIT A
19/Consultant/Professional Services Provider Agreement/Fenagh, Inc., Project CC24-068-1 - Probing Material Compaction Adjacent to Structures
- Daily field reports
- Monthly summary reports
C Concrete/Masonry Special Inspection & Reporting Services The scope of work for concrete/masonry special inspection and reporting may include:
- Concrete/masonry Placement
- Concrete Sampling & Testing
- Mortar Sampling & Testing
- Grout Sampling & Testing
- Daily field reports
- Monthly summary reports
D Asphalt Concrete Special Inspection & Reporting Services The scope of work for asphalt concrete special inspection and reporting may include:
- Plant Inspection, Sampling of Aggregates
- Asphalt Sampling, Plant/Field
- Asphalt Laydown & Compaction Effort Observation
- Tack Application & Spread Rates
- Asphalt Compaction Testing
- Pavement Fabric Applications
- Smoothness Testing
- Daily field reports
- Monthly summary reports
E Pavement Evaluation, Analysis & Recommendations Services The scope of work for pavement evaluation, analysis, and recommendations may include:
- Coring, Sampling & Loging Soil Profile of Existing Pavement Structural Sections - Soil Sample Testing
- Structural Section Recommendations
- Surface Treatment Recommendations
- Quality Assurance Verification of Constructed Structural Section - Pavement Evaluation and Recommendation Report
F Standardized ASTM Laboratory Testing & Reporting Services The scope of work for laboratory testing and reporting may include but not be limited to:
- Soil Max Density & Optimum Moisture Content
- Soil Sand Equivalent
- Soil Gradation Sieve Analysis
- Aggregate Gradation Sieve Analysis
- Marshall Stability
- Marshal Density
- Asphalt Extraction-Solvent
- Sieve on Extracted Sample
- Theoretical Maximum Density
- Concrete Compressive Strength Testing
- R value

EXHIBIT A
20/Consultant/Professional Services Provider Agreement/Fenagh, Inc., Project CC24-068-1 the Preliminary Scope of Services described herein and be capable at a minimum of performing the additional tasks listed in this S ection. Sub-consultants, if required, shall have previous experience completing the tasks being performed by the sub-consultant.

A Project Engineer (PE)
The Consultant (PE) shall be a licensed engineer in responsible charge for all work as directed which may include quality assurance of field and laboratory work, certifying material test results, both laboratory and field comply with project specifications, reports of investigations or construction summaries, providing recommendations.

C Special Inspectors/Technicians
The Consultant shall provide experienced special inspectors and tec hnicians with certifications
issued by ACI, ICC, NICET and/or AASHTO to perform the respective field observations, sampling and test methods utilized. For construction projects, the inspector will provide quality assurance testing and observations of contractor’s work to ensure conformance to plans and specifications. The inspector shall be responsible for reporting any observations or field tests performed on materials that do not meet specification requirements (failed) immediately to the City project manager or public works inspector. Daily Field Report (DFR) containing observations of work performed, where (street, alignment, STA, etc.), with what equipment, any issues etc., with or without test results shall be provided. One (1) original signed hard copy of all DFRs shall be submitted at the close of the project in the final project report with one (1) digital copy. Digital DFRs & test results are due to the City within 24 hours. The inspector does not provide the contractor with directions on how to proceed with the work , only test results . Copies of certifications for special inspectors and technicians shall be provided to the City prior to the start of work. The Consultant shall obtain prior written approval from the City for replacement of team members for any reason.

EXHIBIT A
21/Consultant/Professional Services Provider Agreement/Fenagh, Inc., Project CC24-068-1

For field inspectors/tec hnicians engaged in construction projects, the Consultant shall provide a unit price for all direct and indirect costs for each classification. The maximum billable time for a technician to arrive at a project site and perform no work due to cancellation shall be two (2) hours. The billable time for a workday shall be at a minimum of two (2) hours. ALL EQUIPMENT & LABOR REQUIRED

TO ENGAGE IN THE INSPECTION, SAMPLING, AND TESTING ( VEHICLE, TOOLS, TESTING

For example, t he Fee S chedule hourly unit price for a special inspector /technician engaged in construction inspection activities for a project shall include a unit cost to perform the following:
- Soils Inspector – earthwork/soils, daily field reports, observation, sampling, and relative density field testing of all placed, cut, fill, trench backfill, structure cut/fill soils and aggregates including vehicle, all tools, testing apparatus(s), and reporting/communication equipment. - Asphalt Inspector – asphalt concrete mixtures, daily field reports, observations, sampling and field testing of all placed asphalt including vehicle, all tools, testing apparatus(s), and reporting/communication equipment.
- Concrete Inspector – cem ent concrete mixtures, daily field reports, o bservation, sampling, and testing of concrete mixtures including vehicle, all tools, testing apparatus(s), and reporting/communication equipment.
- Shotcrete Inspector – c ement concrete mixtures, daily field reports, o bservation, sampling, and testing of shotcrete mixtures including vehicle, all tools, testing apparatus(s), and reporting/communication equipment.

For laboratory work, ALL EQUIPMENT, MATERIALS & LABOR REQUIRED TO PERFORM LABORATORY WORK SHALL BE INCLUDED IN THE COST PER UNIT PRICE.

EXHIBIT A
22/Consultant/Professional Services Provider Agreement/Fenagh, Inc., Project CC24-068-1 representative; please submit the list of technician(s) available and their resumes prior to the start of work.

7. CONSTRUCTION SUPPORT
A. Meetings – The Consultant may be required to attend pre -construction meetings and additional meetings when requested by the City.

9. INFORMATION AVAILABLE FROM THE CITY
The project plans & specifications will be sent to the consultant when a request for a quote is issued.

Project specific material submittals will be available upon request from the City Project Manager during construction.

EXHIBIT A
23/Consultant/Professional Services Provider Agreement/Fenagh, Inc., Project CC24-068-1 24 Consultant/Professional Services Provider Agreement/FENAGH, INC., Project CC24-068-1

EXHIBIT B
F

EE SCHEDULE
S
ee Attachment
Attn: Ms. Celeste Calderon
City of Victorville - Finance Division
14343 Civic Drive, 2nd Floor
Victorville, CA 92393
9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com
REQUEST FOR QUALIFICATIONS CC24-068

ON-CALL GEOTECHNICAL AND

ENGINEERING TESTING SERVICES

FEE SCHEDULE

EXHIBIT B
25/Consultant/Professional Services Provider Agreement/FENAGH, INC., Project CC24-068-1 9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com
9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com

FEE SCHEDULE
Standard Discounted
* FIELD INSPECTION SERVICES National Code Rate/Hour Rate/Hour Steel Visual Welding $155.00
Steel Visual Bolting $155.00
Nondestructive - UT, MT, PT $155.00
Steel Visual/NDT Combination $155.00
Concrete ACI Sampling $155.00 $105.00
Concrete ACI Sampling $155.00 $95.00
Concrete ICC/ACI-II (Rebar/Placement) $155.00 $105.00
Concrete PT $155.00
Masonry $155.00 $105.00
Fireproofing (Thickness/Density) $155.00
Firestopping/Fire-safing $155.00
Soil Technician w/Nuclear Gauge and/or Sand Cone $155.00 $110.00 Asphalt Technician w/Nuclear Gauge $155.00 $110.00
Roofing & Weatherproofing/Waterproofing $155.00
Structural Wood Framing $155.00
Shotcrete $155.00
Fiber Reinforced Concrete (FRP) $155.00
Multi-Disciplined Inspector $155.00
Specialty Inspector where certification not above is required $155.00 Quality Control Manager $160.00
ASNT Level III $180.00
Laboratory Technician/Sample Runner $155.00
Project Coordinator $155.00
Technician Typist $155.00
**PROFESSIONAL SERVICES
Principal Engineer (Civil/Structural) $330.00 $225.00
Geotechnical Engineer $250.00 $180.00
Consulting Engineer (Envelope) $300.00
Associate Engineer, Licensed $230.00
Project Geologist $230.00 $150.00
Project Manager $230.00 $80.00
Staff Engineer $230.00 $150.00
Field Inspection Manager $205.00 $80.00
Laboratory Manager $155.00 $70.00

SPECIAL SERVICES
Portable and Mobile Laboratories, Concrete and Soils QOR *** Off-Site Structural Steel or Precast Fabrication $190.00 $95.00 * Epoxy Bolt Proof Load/Pull Testing $140.00
* Expansion Anchor Proof Load/Torque Testing $140.00
* Coring, 1 Person (including equipment) $330.00 $250.00 * Coring, 2 Persons (including equipment) $430.00 $350.00 Engineering Project Research QOR
Floor Flatness Testing FF/FL $300.00
Floor Flatness Testing FF/FL - Report Fee $505.00
Measuring Moisture Vapor Emission Rate (Calcium Chloride) - $100/Kit ASTM F1869 $120.00 Relative Humidity Testing - ($100/kit) ASTM F2170 $120.00 GPR (Ground Penetrating Radar) $355.00
Concrete Crack Gauge Monitoring $355.00
Water Penetration of Windows, Skylights, Doors and Curtain Walls by Uniform or Cyclic Pressure ASTM E1105 $2,890.00 Air and Water Infiltration Leakage Testing AMMA 501.2 $2,890.00 Electronic Leak Detection of Roof (Vector Mapping) QOR
Fireproof Density and Adhesion/Cohesion Inspection Kit $105.00 Administration, Accounting, Special Projects, Notary, Certified Payroll $130.00 $30.00 Concrete/Grout/Mortar Mix Design Review (less than 48 hours notice - $500) $355.00 Welding Procedure Review (less than 48 hours notice - $500) $355.00 Welder Qualification Test Record AWS $1,040.00
Geotechnical Pad Letter (less than 48 hours notice - $2,000) $1,540.00 Final Letter (less than 48 hours notice - $2,000) $1,540.00 Expert Witness Court appearance, per day $2,440.00
FEE SCHEDULE - CITY OF VICTORVILLE RFQ CC24-068 2/23/2024

PERSONNEL FEES AND BASIS OF CHARGES

INSPECTIONS, ENGINEERING & SPECIAL SERVICES
* Field inspection services will be billed in accordance with minimums shown on Basis of Charges. **Professional engineering services and laboratory technician services will be billed at actual time. *** All plant inspections are located within 50 miles of the project location. Steel shops will be AISC certified and concrete plants will be PIC certified. **** Two inspections performed by the same inspector during a site visit will be billed at the combination rate. ***** Three or more inspections performed by the same inspector during a site visit will be billed at the multi-disciplined rate.

ALL EQUIPMENT, MATERIALS, & LABOR REQUIRED ARE INCLUDED IN THE COST PER UNIT PRICE

INSPECTING

TESTING

ENGINEERING
All fees subject to Basis of Charges

EXHIBIT B
26/Consultant/Professional Services Provider Agreement/FENAGH, INC., Project CC24-068-1 9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com

FEE SCHEDULEINSPECTING

TESTING

ENGINEERING

GENERAL
MINIMUM HOURLY CHARGES – INSPECTION
Technician personnel and the following minimum charges are contractual commitment:

Job Cancel/Show-up time 2 Hours
0-2 Hours 2 Hours
2-4 Hours 4 Hours
4-6 Hours 6 Hours
6-8 Hours 8 Hours
Reinspection time 1.25 x quoted hourly rate

WORKING HOURS AND PREMIUM TIME
Regular workday is the first 8 hours between 6:00 am and 6:00 pm Monday through Friday. Premium time is as follows:

Overtime, Weekdays and Saturdays (first 8 hours) 1.5 x quoted hourly rate Overtime Saturdays (over 8 hours) and Sundays (first 8 hours) 2 x quoted hourly rate Overtime Sundays (over 8 hours) and Holidays 3 x quoted hourly rate Shift differential, swing and graveyard - (Work performed between 2:00 pm and 4:00 am) 1.5 x quoted hourly rate MISCELLANEOUS CHARGES - Only Where Applicable
Notary Services Fee $25.00/each
Facsimile Charges. Plus $1.00/page (n/c for cover page) $5.00 minimum Parking Fees (If required) At Cost
Outside Services Cost Plus 20%
Sample Pickup $40.00/Per Sample
$100/Per Trip
Weekend Sample Pickup $75.00/hour
EZ Cure Boxes (Thermostatically Controlled Curing Boxes) QOR Returned Check Fee $100.00
Expedited Dispatch Request (inspections scheduled less than 12 hours notice) 1.5 X quoted hourly rate TESTS

LIMIT OF LIABILITY

INSURANCE

PAYMENT
Testing fees shown include normal time for performing test. Samples requiring special preparation will be charged at the laboratory technician rate. Fees for tests not listed will be quoted upon request. There will be a minimum charge of $100.00 for any engineering report. Please note some tests maybe tested by sub consultants. Samples delivered to the laboratory after 3:00pm or samples needing results within 24 hours will incur a 50% mark-up.

Invoices will be submitted monthly or bimonthly for services performed during the preceding month and are payable on receipt. Attorney’s fees or other costs incurred in collecting any delinquent amount shall be paid by client. Visa, MasterCard and American Express payments are accepted however fees will apply. Visa and MasterCard payments require an additional 3% on top of the amount of the invoice being paid. American Express payments require an additional 4% on top of the amount of the invoice being paid.

The total liability of Fenagh, LLC is limited to the contract dollar value.

For the waiver of subrogation if required by client, a 3% Fenagh administrative fee will be added to all gross billings/revenue in addition to the 3% Project Management fee.

BASIS OF CHARGES
Fees for tests and inspection include cost of technician, normal equipment and regular reports. Engineering services other than supervisory will be charged at applicable rates. Fees for special projects, services overseas, or elsewhere in the United States, will be quoted on request. With prior notification to Client; charges are subject to change at any time. Fenagh reserves the right to adjust the rates quoted in this contract based upon any CPI/state mandated increases and/or changes in any industry requirements.

All fees subject to Basis of Charges

EXHIBIT B
27/Consultant/Professional Services Provider Agreement/FENAGH, INC., Project CC24-068-1 9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com

FEE SCHEDULE
9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com

INSPECTING

TESTING

ENGINEERING
Standard Discounted
CONCRETE National Standard Rate/Each Rate/Each
Compressive Strength of Cylindrical Concrete Specimens (6x12) ASTM C39 $60.50 Compressive Strength of Cylindrical Concrete Specimens (4x8) ASTM C39 $60.50 $25.00 Compressive Strength of Cylindrical Concrete Specimens (over 3500 psi) ASTM C39 $93.50 Compressive Strength of Cylindrical Concrete Specimens (over 6000 psi) ASTM C39 $126.50 Cylinder molds. 6” x 12” and 4" x 8" (Per Case) ASTM C470 $66.00 Compressive Strength of Lightweight Insulating Concrete ASTM C495 $71.50 Obtaining and Testing Sawed Beams and Drilled Cores of Concrete (cores) ASTM C42 $165.00 Flexural Toughness of Fiber Reinforced Concrete (Round Panel) ASTM C1550 $330.00 Flexural Strength of Concrete (Using Simple Beam with Third-Point Loading) ASTM C78 $231.00 Length Change of Hardened Hydraulic-Cement Mortar and Concrete (Shrinkage 1 Sample) ASTM C157 $110.00 Shotcrete Nozzleman Qualification ACI 506, ASTM C42 and C1140 $330.00 Shotcrete Pre-Qualification Cores ACI 506, ASTM C42 and C1140 $82.50 Shotcrete Production Cores ASTM C1140 $82.50
Coefficient of Thermal Expansion AASHTO T336 $396.00
Determining Density of Structural Lightweight Concrete (Cylinders) ASTM C567 $357.50 Standard Specification for Concrete Made by Volumetric Batching and Mixing ASTM C685 $852.50 Cement Quality Sampling $643.50
Physical Testing of Gypsum, Gypsum Plasters and Gypsum Concrete ASTM C472 $55.00 Splitting Tensile Strength of Cylindrical Concrete Specimens ASTM C496 $275.00 Static Modulus of Elasticity and Poisson's Ratio of Concrete in Compression ASTM C469 $286.00 Grab Sample, Sealing and Storing in a Humidity and Temperature Controlled Room $220.00 Density of Hydraulic Cement ASTM C188 $286.00
Testing of Controlled Low Strength Material (CLSM) Test Cylinders ASTM D4832 $220.00 GFRC Pull Test PCI $550.00
GFRC Flexural Test PCI $550.00
Foaming Agents for Use in Producing Cellular Concrete Using Preformed Foam (Cell-Crete) ASTM C796 $65.00 Petrographic Analysis $3,850.00

MASONRY
Compressive Testing of Grout (Masonry) ASTM C1019 $93.50 $45.00 Compressive Strength of Hydraulic Cement Mortars Using 2" Cube Specimens ASTM C109 $137.50 $75.00 Compressive Strength of Masonry Prisms ASTM C1314 $137.50 $75.00 Testing Concrete Masonry Units and Related Units (Core Compression) CBC 2105A.4 $192.50 $125.00 Compressive Strength of Molded Masonry Mortar Cylinders and Cubes (2" Sample) ASTM C780 A7.6 $165.00 $65.00 Testing Concrete Masonry Units (CMU) and Related Units (Full Unit) ASTM C140 $275.00 Linear Drying Shrinkage of Concrete Masonry Units (Per Unit) ASTM C426 $275.00 Masonry Core Shear Testing $275.00
Testing Concrete Masonry Units (Absorption, Moisture Content, Unit Weight) ASTM C140 $440.00 Brick and Clay Tile (modulus of rupture, compression, saturation coefficient, suction rate, efflorescence)* ASTM C67 $1,100.00 Mortar Molds. 2” x 4”. Single Use $137.50
Mortar or Grout, Stored and Cured, Not Tested (including mold) $137.50

AGGREGATES (SOILS AND CONCRETE)
Determining Sieve Analysis of Fine and Coarse Aggregates (Coarse Only) ASTM C136 $165.00 $100.00 Sieve Analysis of Fine and Coarse Aggregates (Fine Only) ASTM C136 $220.00 $154.00 Sieve Analysis of Fine and Coarse Aggregates (Wash Included) ASTM C117 $275.00 $192.50 Sieve Analysis of Fine and Coarse Aggregates (200 Wash Only) ASTM C117 $220.00 $192.50 Evaluating Cleanness of Coarse Aggregate $275.00 $225.00 Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate ASTM C88 $192.50 $125.00 Unit Weight of Aggregate $137.50 $100.00
Clay Lumps and Friable Particles in Aggregates ASTM C142 $165.00 $125.00 Flat Particles, Elongated Particles or Flat and Elongated Particles in Coarse Aggregate ASTM D4791 $275.00 $175.00 Organic Impurities in Fine Aggregates for Concrete ASTM C40 $247.50 $175.00 Density, Relative Density(Specific Gravity), and Absorption of Coarse Aggregate ASTM C127 $247.50 $175.00 Density, Relative Density(Specific Gravity), and Absorption of Fine Aggregate ASTM C128 $247.50 $175.00 Resistance of Degradation of Small Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine ASTM C131 $550.00 $425.00
Percentage of Crushed Particles/Standard Test Method for Determining the Percentage of Fractured Particles in Coarse Aggregate ASTM D5821 $275.00
$200.00
Uncompacted Void Content of Fine Aggregate (as Influenced by Particle Shape, Surface Texture, and Grading) ASTM C1252/AASHTO T304A $275.00
$200.00
Sand Equivalent Value of Soils and Fine Aggregate ASTM D2419 $192.50 $110.00 Flakiness Index of Coarse Aggregate $192.50
Durability Index (Fine) ASTM D3744 $302.50 $250.00
Durability Index (Coarse) ASTM D3744 $302.50 $250.00
Durability Index (Fine and Coarse) ASTM D 3744 $313.50 $250.00 Lightweight Particles in Aggregate ASTM C123/AASHTO T113 QOR Resistance of Rock to Wetting and Drying CRD-C169 $440.00 *Unusual sample preparation for brick specimen will be charged at the established hourly rate.

LAB CONCRETE AND MASONRY TESTS
All fees subject to Basis of Charges

EXHIBIT B
28/Consultant/Professional Services Provider Agreement/FENAGH, INC., Project CC24-068-1

FEE SCHEDULE
9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com

INSPECTING

TESTING

ENGINEERING
Standard Discounted
SOILS National Code Rate/Each Rate/Each
Direct Shear Test of Soils Under Consolidated Drained Conditions ASTM D3080 $467.50 $375.00 Caltrans Corrosivity Package $467.50 $375.00
Resistivity and pH Measurements of Soil and Water $220.00 $175.00 Determining Field and Laboratory Resistivity and pH Measurements for Soil and Water $220.00 $175.00 Soils and Waters for Sulfate Content $165.00 $100.00
Soils and Waters for Chloride Content $165.00 $100.00
Swell Test Under 60psf Surcharge (per SNV Amendments to IBC) ASTM D2435 (Modified) $192.50 Particle-Size Analysis of Soils (with Hydrometer) ASTM D422 $605.00 $500.00 Pore Water Extraction and Determination of the Soluble Salt Content of Soils by Refractometer ASTM D4542 $605.00 $550.00 Standard Test Method for Particle-Size Analysis of Soils (without Hydrometer) ASTM D422 $495.00 $375.00 Liquid Limit, Plastic Limit, and Plasticity Index of Soils ASTM D4318 $440.00 $350.00 Laboratory Compaction Characteristics of Soil Using Modified/Standard Effort ASTM D1557/D698 $440.00 $175.00 Field Density Test for Compaction $220.00
Hydrometer Only ASTM D422 $495.00 $350.00
pH of Soils ASTM D4972 $495.00 $350.00
Determining the Resistance "R" Value of Treated and Untreated Bases, Subbases, and Basement Soils by the Stabilometer ASTM D2844 $660.00 $247.50
Laboratory Determination of Water(*moisture) Content of Soil and Rock by Mass ASTM D2216 $220.00 Density of Soil in Place by the Drive-Cylinder Method ASTM D2937 $137.50 Expansion Index of Soils ASTM D4829 $412.50 $225.00
Hydraulic Conductivity of Saturated Porous Materials Using a Flexible Wall Permeameter (Permeability) ASTM D5084 $495.00 Lab Compaction Characteristics of Soil 1 Point Proctor (Check Point) ASTM D698/D1557 $247.50 $175.00 Maximum Index Density and Unit Weight of Soils Using a Vibratory Table ASTM D4253 $330.00 Minimum Index Density and Unit Weight of Soils and Calculation of Relative Density ASTM D4254 $330.00 Density of Hydraulic Cement ASTM C188 $302.50
Volatile Organic Content EPA 8260B QOR
Semi Volatile Organics by GC/Ms (Basic Target List) EPA 8270C QOR Total Organic Carbon ASTM 2974/EPA 5310Bm QOR
ICP Metals Concentration EPA 6020 - CAM/CCR 17 QOR
Total Extractable Petroleum Hydrocarbons: TPH, MTBE, Benzene,Toluene, Ethylbenzene, Zylenes, %SS EPA 8015B QOR ICP Metals Concentration EPA 6020 QOR
pH EPA 9045D $495.00
Sequential Batch Extraction of Waste with Acidic Extraction Fluid ASTM D5284 QOR Chromium Soluble EPA 7196A QOR
Moisture, Ash and Organic Matter of Peat and Other Organic Soils (Organic Content) ASTM D2974 $275.00 Universal Soil Classification System (USCS) Test ASTM D2487 $440.00 California Bearing Ratio Test ASTM D1883 $440.00
Unconfined Compressive Strength of Cohesive Soil ASTM D2166 $275.00 ASPHALT National Code
Bituminous Material Content of Asphalitic Concrete Mixtures By The Nuclear Method $990.00 Quantitative Extraction of Bitumen from Bituminous Paving Mixtures (Solvent) ASTM D2172 $825.00 $412.50 Determining Low Temperature Performance Grade (PG) of Asphalt Binders ASTM 6816 QOR Thickness/Height of Compacted Bituminous Paving Mixture Specimens (Cores) ASTM D3549 $275.00 $225.00 Bituminous Mixtures Utilizing Four Inch Marshall Apparatus $357.50 Method of Prep of Bituminous Mixture Test Specimens ASTM D6926 $275.00 Bulk Specific Gravity and Density of Compacted Bituminous Mixtures (LTMD) ASTM D1188 and D2726 $990.00 Indirect Tensile (IDT) Strength of Bituminous Mixtures (TSR) ASTM D6931 QOR Mechanical Size Analysis (Coarse and Fine) of Extracted Aggregate ASTM D5444 $385.00 $300.00 Marshall Stability and Flow of Bituminous Mixtures ASTM D6927 $990.00 $192.50 Theoretical Maximum Specific Gravity and Density (Rice) ASTM D2041 $385.00 $154.00 Swell of Bituminous Mixtures $385.00
Moisture Vapor Susceptibility of Bituminous Mixtures/Moisture or Volatile Distillates in Asphalt ASTM D1461 $935.00 Preperation of HMA Superpave Gyratory Compaction AASHTO T312 $990.00 Determination of Voids in Compacted Bituminous Mixtures $495.00 Determination of Asphalt Content of Bituminous Paving Mixtures by the Ignition Method ASTM D6307 $440.00 $325.00 Determination of Asphalt Binder Content of Asphaltic Concrete Mixtures (RAP) by the Ignition Method $440.00 $325.00 Determination of Correction Factor of Bituminous Paving Mixtures by the Ignition Method ASTM D6307 $440.00 $325.00 Determination of Asphalt and Moisture Contents of Bituminous Mixtures by Microwave Oven $440.00 $325.00 Effect of Water on Compressive Strength of Compacted Bituminous Mixtures (Set of 6) ASTM D1075 $2,200.00 Compressive Strength of Bituminous Mixtures ASTM D1074 $275.00 * Unusual sample preparation (dried clays, saturated clays, etc.) and all other tests for treated or untreated soils, aggregate subbase and aggregate base will be charged at established rates for laboratory technician.
** Does not include sample preparation or sieve analysis

LAB SOILS AND ASPHALT TESTS
All fees subject to Basis of Charges

EXHIBIT B
29/Consultant/Professional Services Provider Agreement/FENAGH, INC., Project CC24-068-1

FEE SCHEDULE
9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com

INSPECTING

TESTING

ENGINEERING
Standard Discounted
METALS MATERIALS MECHANICAL TESTS National Code Rate/Each Rate/Each Mechanical Testing of Steel Products (General Tensile) ASTM A370 $357.50 Fillet Weld Break Test for Qualification (Welding) AWS B4.0 $137.50 Tension Testing of Metallic Materials (Welding Coupon Tensile) ASTM E8, B557 and AWS B4.0 $357.50 Mechanical Testing of Steel Products (Couplers) ASTM A370 $357.50 Impact Testing of Miniaturized Charpy V-Notch Specimens, Notched Bar Impact Testing of Metallic Materials ASTM E2248 and ASTM E23 QOR
Testing, Practices, and Terminology for Chemical Analysis of Steel Products ASTM A751 $330.00 Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #3-#8 ASTM A370 and E290 $302.50 Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #9-#11 ASTM A370 and E290 $330.00 Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #14+ ASTM A370 and E290 QOR Mechanical Testing of Steel Products, Standard Specification for Steel Wire, Plain, for Concrete Reinforcement ASTM A370, A82 and A185 $330.00
Guided Bend Test for Ductility of Welds, Mechanical Testing of Welds ASTM E190 and AWS B4.0 $192.50 Determining the Mechanical Properties of Externally and Internally Threaded Fasteners, Anchor Bolts Only (Tension and Yield) ASTM F307, F1554 and F606 $385.00
Rockwell Hardness of Metallic Materials ASTM E18 $110.00 Proof Test for Carbon and Alloy Steel (Nuts Only) ASTM A194 or A563 $247.50 Radiographic Examination of Metallic Castings/Weldments ASTM E94, E1030 and E1032 QOR Macroetching Metals and Alloys ASTM E340, E381 and AWS $247.50 Determining the Mechanical Properties of Externally and Internally Threaded Fasteners, Washers, Direct Tension Indicators, and Rivets (HSB Assemblies) ASTM F606 $275.00 Mechanical Testing of Steel Products (Terminators Tensile) ASTM A370 $275.00 Steel Strand, Uncoated Seven-Wire for Prestressed Concrete ASTM A416 and A1061 $1,100.00

OTHER MATERIALS MECHANICAL TESTS
Strength for Sewn or Bonded Seams of Geotextiles ASTM D4884 $440.00 Tearing Strength of Fabrics by the Tongue (Single Rip) Procedure ASTM D2261 $440.00 Breaking Strength and Elongation of Textile Fabrics (Grab Test) ASTM D5034 $385.00 Tensile Properties of Fiber Reinforced Polymer Matrix Composite Bars (FRP) ASTM D3039 $880.00 Moisture Content of Non-Typical Materials ASTM C566 $275.00 Aluminum Oxide Content ASTM C25 $825.00
Viscosity of Non-Typical Materials ASTM D2196 $495.00
Plastic Ultimate Tensile ASTM D638 $385.00

FIREPROOFING
Thickness and Density of Sprayed Fire-Resistive Material (SFRM) ASTM E605 $275.00 Cohesion/Adhesion of Sprayed Fire-Resistive Materials (Test Kit Only) ASTM E736 $110.00

CONTACT INFORMATION
Arizona: 1746 E. Madison Street, Suite 5 • Phoenix, AZ 85034 • P 480.867.6877 Nevada: 3842 E. Post Road, Suite B • Las Vegas, NV 89120 • P 702.449.2132 New England: 12 Tech Cir • Natick, MA 01760 • P 617.938.3774 New York: 54-21 73rd Place • Maspeth, NY 11378 • P 516.423.3482 Northern California: 3942 Valley Avenue, Suite A • Pleasanton, CA 94566 • P 925.403.4747 Southern California: 9070 Center Avenue • Rancho Cucamonga, CA 91730 • P 909.587.6374 Texas: 3709 Promontory Point Drive, Suite 210 • Austin, TX 78744 • P 925.403.4747

LAB METALS AND OTHER MATERIALS TESTS
All fees subject to Basis of Charges

EXHIBIT B
30/Consultant/Professional Services Provider Agreement/FENAGH, INC., Project CC24-068-1

Victorville City CouncilMarch 5, 2024

Victorville City Council
March 5, 2024