VICTORVILLE WATER DISTRICT BY THE NUMBERS
21 Toilets Repaired
Conservation Water Audits
Completed
New Toilet Repair Program
Pick Tickets Issued
from the Warehouse
Irrigation Retrofit
Program Participants
20 312
3,563
FY 2021
Revenues for Q1 of FY 2024 were $6,296,535 vs. $7,557,517 during the same quarter last year. This represents a decrease of 16.7%.
The District produced a total of 2,123.44 MG of water in Q1 of FY 2024 compared to 2,190.04 MG during Q1 of FY 2023, decrease of 3% . Water production refers to water pumped through District’s wells situated in underground aquifer and water deliveries from Mojave Water Agen- cy’s Regional Recharge and Recovery (R3) water conveyance system.
OUR STAFF:
Keith C. Metzler,
General Manager
Jenele Davidson,
Deputy City
Manager
Doug Mathews,
Director of Public
Works & Water
Shah Nawaz,
Provisional Assistant
Director of Public
Works and Water
Arnold Villarreal,
Water Supply
Manager
Sam Arvizu,
Water Distribution
Manager
Maria Villagomez,
Administrative
Secretary
Victorville
Water
District
Est.
08.15.2007
Attachment B
VWD Quarterly Operating
Results FY 2024 Q2
WATER
BUZZ
Oct.—Dec. 2023
FY 2024
Q2
Water News You Can Use
♦ Watering schedule for Sprinkler Irrigation: October - May: 9a.m. - 3 p.m. ♦ Need help programming your irrigation times? Contact us at 866-955-4426 or visit us at www.victorvilleca.gov/conserve ♦ The Toilet Repair Program has helped conserve over 11,022,296 gallons of water since its inception in July.
Highlights From this Quarter
The District By Numbers
Water Production – Groundwater & R3
Revenues from Potable and Recycled Water
Our Staff
PG
1 2
3 3
3IN THIS ISSUE...
A QUARTERLY UPDATE FROM THE
VICTORVILLE WATER DISTRICT
HIGHLIGHTS FROM THIS QUARTER
The District Engages in
Community Outreach Programs!
During the Fall season, District staff
engaged in community outreach programs. The
following are a few of the programs that District
staff attended.
High Desert Home Show
Conservation staff attended the annual High
Desert Home Show held Sept. 29 - Oct. 1. Staff
engaged with the community by providing
conservation tips and information.
Fall Festival
At the City's Annual Fall Festival event on October
7th, staff provided information about winterization,
conservation tips and answered general water
related questions. The Hydration Station provided
70 gallons of water to residents who attended the
event.
Oct.—Dec. 2023
WATER
BUZZ
FY 2024
Q2
A QUARTERLY UPDATE FROM THE
VICTORVILLE WATER DISTRICT
Leaks
Repaired
166
Service
Orders Completed
49 94 New Meters
Installed
38,509
Number of Water
Connections
VICTORVILLE WATER DISTRICT BY THE NUMBERS
21 Toilets Repaired
Conservation Water Audits
Completed
New Toilet Repair Program
Pick Tickets Issued
from the Warehouse
Irrigation Retrofit
Program Participants
20 270
1,665
FY 2021
Revenues for Q2 of FY 2024 were $8,429,616 vs. $7,075,407 during the same quarter last year. This represents an increase of 19.1%.
The District produced a total of 1,584.35 MG of water in Q2 of FY 2024 compared to 1,486.90 MG during Q2 of FY 2023, an increase of 6.6% . Water production refers to water pumped through the District’s wells situated in underground aquifer and water deliveries from Mojave OUR STAFF:
Keith C. Metzler,
General Manager
Jenele Davidson,
Deputy City
Manager
Doug Mathews,
Director of Public
Works & Water
Arnold Villarreal,
Water Supply
Manager
Sam Arvizu,
Water Distribution
Manager
Melissa Krejckant,
Public Works and
Water Administrative
Manager
Anne Darroch,
Senior Administrative
Analyst
Victorville
Water
District
Est.
08.15.2007
Item Number: 4
City Council / Board of Directors
Consent Calendar
Meeting of: May 7, 2024
Submitted By:
Carmen Cun, Finance Director / City Treasurer
Subject:
Payroll Demand Schedule No. 9A
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 9A for Payroll Period February 16, 2024, through March 1, 2024, in the amount of $2,165,902.92 covering Check Nos. 33904 through 33924, including Vendor checks. Please note employee Check No. 33913 has a live Check and an EFT Advice. Also included are Advice Nos. 310955 through 311493, per adopted budget for Fiscal Year 2023-2024 (period covering July 1, 2023, through June 30, 2024).
Fiscal Impact:
A total fiscal impact of $2,165,902.92 is authorized with this action. The attached report details the payments by check numbers.
Discussion:
I hereby certify that the claims or demands covered by the attached list of warrants have been audited as to the accuracy and availability of funds for payment thereof and that said claims or demands are accurate and the funds are available for payment thereof.
Attachments: A. Payroll Report PPE 030124
Attachment A
Payroll Report PPE 030124
City of Victorville Council Payroll Report
04/01/2024
Total Net
$346.41
$927.33
$1,699.72
$1,158.34
$364.20
$364.20
$364.20
$364.20
$2,627.73
$1,665.52
$452.75
($661.73)
$661.73
$1,170.02
$5.00
$50.00
$250.00
$100.00
$1,322.73
$422.31
$175.00
$661.73
14,491.39
33924 3664 03/08/2024
Checks Total
33922 13491 03/08/2024
33923 18154 03/08/2024
33920 1182 03/08/2024
33921 7912 03/08/2024
33918 787 03/08/2024
33919 1182 03/08/2024
33916 3866 03/08/2024
33917 240 03/08/2024
33915 3664 03/08/2024
33915 3664 03/08/2024
33913 2705 03/08/2024
33914 3765 03/08/2024
33911 3556 03/08/2024
33912 3853 03/08/2024
33909 3310 03/08/2024
33910 3614 03/08/2024
33907 3867 03/08/2024
33908 3554 03/08/2024
33905 3863 03/08/2024
33906 3865 03/08/2024
Check Number Employee ID Check Date
33904 3466 03/08/2024
Checks
City of Victorville
City Council Payroll Report
Payroll Period Beginning: February 16, 2024 through March 01, 2024 City of Victorville Council Payroll Report Page 2 of 15 04/01/2024 Check Number Employee ID Check Date Total Net
33913 2705 03/08/2024 $2,000.00
310955 3264 02/23/2024 $6,510.70
310956 3576 02/23/2024 $601.04
310957 1099 03/08/2024 $1,100.77
310958 3758 03/08/2024 $3,213.00
310959 3243 03/08/2024 $4,107.24
310960 2115 03/08/2024 $13,943.77
310961 3142 03/08/2024 $1,741.47
310962 3640 03/08/2024 $1,782.86
310963 3527 03/08/2024 $1,969.88
310964 3297 03/08/2024 $754.67
310965 3835 03/08/2024 $871.79
310966 3551 03/08/2024 $677.43
310967 3458 03/08/2024 $318.75
310968 3229 03/08/2024 $4,684.24
310969 3290 03/08/2024 $2,327.82
310970 1064 03/08/2024 $7,627.95
310971 3809 03/08/2024 $1,604.19
310972 3467 03/08/2024 $2,348.57
310973 3843 03/08/2024 $1,929.73
310974 3842 03/08/2024 $816.42
310975 1706 03/08/2024 $4,581.88
310976 2395 03/08/2024 $3,844.35
310977 3764 03/08/2024 $2,409.34
310978 2210 03/08/2024 $3,722.02
310979 3849 03/08/2024 $3,852.20
310980 3747 03/08/2024 $1,908.32
310981 3625 03/08/2024 $1,519.86
310982 2624 03/08/2024 $2,665.39
310983 3043 03/08/2024 $2,161.16
310984 3825 03/08/2024 $1,793.69
310985 3403 03/08/2024 $2,203.32
310986 1748 03/08/2024 $2,675.80
310987 3848 03/08/2024 $1,719.58
310988 3846 03/08/2024 $3,667.63
310989 3019 03/08/2024 $4,986.34
310990 3638 03/08/2024 $3,162.63
310991 3561 03/08/2024 $2,484.22
310992 3630 03/08/2024 $1,814.13
310993 2627 03/08/2024 $2,016.40
310994 2366 03/08/2024 $1,955.28
310995 3750 03/08/2024 $2,052.19
310996 2594 03/08/2024 $3,037.85
310997 3521 03/08/2024 $2,489.33
Advices
City of Victorville Council Payroll Report Page 3 of 15 04/01/2024 Check Number Employee ID Check Date Total Net
Advices
310998 2093 03/08/2024 $1,501.08
310999 3697 03/08/2024 $5,142.64
311000 1973 03/08/2024 $3,030.48
311001 2019 03/08/2024 $2,496.42
311002 3753 03/08/2024 $2,334.76
311003 3841 03/08/2024 $541.65
311004 2102 03/08/2024 $3,183.03
311005 2233 03/08/2024 $3,003.14
311006 3744 03/08/2024 $1,846.30
311007 2606 03/08/2024 $2,319.68
311008 3660 03/08/2024 $1,724.79
311009 3046 03/08/2024 $2,596.39
311010 1635 03/08/2024 $4,063.04
311011 3653 03/08/2024 $2,473.50
311012 3327 03/08/2024 $2,165.25
311013 3847 03/08/2024 $1,809.79
311014 3752 03/08/2024 $2,102.52
311015 3819 03/08/2024 $2,844.89
311016 3242 03/08/2024 $3,025.71
311017 2618 03/08/2024 $2,136.86
311018 3845 03/08/2024 $3,328.44
311019 2619 03/08/2024 $2,371.52
311020 2603 03/08/2024 $1,910.94
311021 2491 03/08/2024 $2,300.94
311022 2235 03/08/2024 $1,823.32
311023 2300 03/08/2024 $3,439.46
311024 3754 03/08/2024 $2,420.33
311025 2032 03/08/2024 $3,514.44
311026 3045 03/08/2024 $2,482.84
311027 3499 03/08/2024 $2,572.69
311028 3755 03/08/2024 $1,898.59
311029 3608 03/08/2024 $4,101.37
311030 3817 03/08/2024 $1,891.84
311031 3362 03/08/2024 $2,195.07
311032 2297 03/08/2024 $2,132.45
311033 2232 03/08/2024 $2,898.42
311034 1957 03/08/2024 $2,860.12
311035 3246 03/08/2024 $3,508.67
311036 3839 03/08/2024 $768.98
311037 2042 03/08/2024 $4,234.03
311038 3714 03/08/2024 $1,986.65
311039 3742 03/08/2024 $1,752.86
311040 3727 03/08/2024 $2,164.17
311041 2323 03/08/2024 $3,350.94
311042 1767 03/08/2024 $2,814.44
311043 3508 03/08/2024 $2,240.73
City of Victorville Council Payroll Report Page 4 of 15 04/01/2024 Check Number Employee ID Check Date Total Net
Advices
311044 3740 03/08/2024 $1,604.41
311045 2225 03/08/2024 $4,088.41
311046 3544 03/08/2024 $2,034.98
311047 3221 03/08/2024 $2,419.13
311048 1855 03/08/2024 $364.20
311049 3627 03/08/2024 $2,955.85
311050 3757 03/08/2024 $3,379.51
311051 1533 03/08/2024 $2,385.57
311052 2833 03/08/2024 $2,230.12
311053 2211 03/08/2024 $5,344.16
311054 3700 03/08/2024 $2,140.16
311055 1426 03/08/2024 $1,198.95
311056 3703 03/08/2024 $2,156.34
311057 2254 03/08/2024 $3,319.87
311058 3618 03/08/2024 $2,093.26
311059 3354 03/08/2024 $3,582.31
311060 3623 03/08/2024 $1,236.24
311061 3400 03/08/2024 $2,636.86
311062 3547 03/08/2024 $1,170.02
311063 3673 03/08/2024 $1,314.93
311064 3702 03/08/2024 $2,004.91
311065 2742 03/08/2024 $2,838.16
311066 3089 03/08/2024 $3,045.54
311067 3641 03/08/2024 $1,669.17
311068 3672 03/08/2024 $1,170.02
311069 3634 03/08/2024 $2,587.52
311070 2249 03/08/2024 $38,347.69
311071 3650 03/08/2024 $1,635.02
311072 3393 03/08/2024 $1,831.85
311073 3548 03/08/2024 $1,170.02
311074 3396 03/08/2024 $2,011.97
311075 3663 03/08/2024 $1,631.68
311076 3541 03/08/2024 $2,619.23
311077 2499 03/08/2024 $3,351.20
311078 3379 03/08/2024 $2,406.91
311079 3694 03/08/2024 $2,363.31
311080 3737 03/08/2024 $2,411.47
311081 2105 03/08/2024 $4,903.10
311082 3474 03/08/2024 $2,255.79
311083 2515 03/08/2024 $2,881.10
311084 3636 03/08/2024 $2,396.35
311085 2679 03/08/2024 $2,528.11
311086 3490 03/08/2024 $2,435.88
311087 3475 03/08/2024 $2,408.77
311088 2181 03/08/2024 $3,050.75
311089 3353 03/08/2024 $2,683.92
City of Victorville Council Payroll Report Page 5 of 15 04/01/2024 Check Number Employee ID Check Date Total Net
Advices
311090 3735 03/08/2024 $4,081.47
311091 3542 03/08/2024 $2,342.58
311092 3731 03/08/2024 $2,940.49
311093 1955 03/08/2024 $3,158.38
311094 1632 03/08/2024 $2,236.55
311095 3736 03/08/2024 $2,468.80
311096 3692 03/08/2024 $4,953.90
311097 3147 03/08/2024 $3,114.61
311098 3732 03/08/2024 $2,334.02
311099 3148 03/08/2024 $2,963.58
311100 3808 03/08/2024 $3,044.18
311101 3195 03/08/2024 $2,010.40
311102 3626 03/08/2024 $2,463.19
311103 3602 03/08/2024 $2,547.76
311104 3112 03/08/2024 $1,874.80
311105 1970 03/08/2024 $2,226.02
311106 1520 03/08/2024 $2,092.22
311107 2605 03/08/2024 $2,180.56
311108 3505 03/08/2024 $4,130.14
311109 2540 03/08/2024 $4,212.35
311110 2377 03/08/2024 $2,890.88
311111 1079 03/08/2024 $2,606.19
311112 2259 03/08/2024 $4,296.14
311113 2312 03/08/2024 $2,412.38
311114 3510 03/08/2024 $2,332.34
311115 3637 03/08/2024 $2,055.43
311116 3628 03/08/2024 $2,309.65
311117 3068 03/08/2024 $2,059.94
311118 3633 03/08/2024 $3,146.20
311119 3129 03/08/2024 $3,404.11
311120 3816 03/08/2024 $2,520.25
311121 1998 03/08/2024 $2,871.01
311122 2111 03/08/2024 $2,769.28
311123 3543 03/08/2024 $2,020.84
311124 3303 03/08/2024 $3,963.74
311125 3802 03/08/2024 $2,619.83
311126 3558 03/08/2024 $2,690.71
311127 1655 03/08/2024 $3,285.11
311128 3285 03/08/2024 $2,879.32
311129 1529 03/08/2024 $1,927.84
311130 3346 03/08/2024 $2,148.18
311131 1776 03/08/2024 $3,143.37
311132 3192 03/08/2024 $2,105.12
311133 2655 03/08/2024 $1,648.32
311134 3749 03/08/2024 $112.71
311135 2798 03/08/2024 $2,367.15
City of Victorville Council Payroll Report Page 6 of 15 04/01/2024 Check Number Employee ID Check Date Total Net
Advices
311136 2522 03/08/2024 $1,112.22
311137 3265 03/08/2024 $2,096.28
311138 1503 03/08/2024 $10,689.11
311139 2505 03/08/2024 $3,142.91
311140 3113 03/08/2024 $1,972.95
311141 1007 03/08/2024 $3,096.76
311142 3185 03/08/2024 $2,369.17
311143 3273 03/08/2024 $1,980.37
311144 3821 03/08/2024 $1,037.03
311145 1497 03/08/2024 $3,240.63
311146 3537 03/08/2024 $3,128.43
311147 2192 03/08/2024 $1,817.82
311148 3513 03/08/2024 $2,139.42
311149 3685 03/08/2024 $38.77
311150 2034 03/08/2024 $2,207.01
311151 2275 03/08/2024 $3,544.59
311152 3380 03/08/2024 $2,383.81
311153 3792 03/08/2024 $1,001.56
311154 3852 03/08/2024 $1,388.85
311155 3051 03/08/2024 $1,949.96
311156 1750 03/08/2024 $2,334.42
311157 2770 03/08/2024 $1,900.62
311158 2228 03/08/2024 $2,691.17
311159 3827 03/08/2024 $3,000.45
311160 3726 03/08/2024 $2,004.11
311161 3748 03/08/2024 $2,026.52
311162 3101 03/08/2024 $2,710.22
311163 3335 03/08/2024 $2,354.73
311164 3611 03/08/2024 $1,325.34
311165 3284 03/08/2024 $2,812.02
311166 3840 03/08/2024 $2,021.87
311167 3621 03/08/2024 $1,665.90
311168 2248 03/08/2024 $1,966.62
311169 3622 03/08/2024 $1,170.02
311170 3795 03/08/2024 $1,271.13
311171 1588 03/08/2024 $2,263.23
311172 3788 03/08/2024 $1,529.79
311173 2189 03/08/2024 $2,641.21
311174 3560 03/08/2024 $1,733.69
311175 3509 03/08/2024 $1,931.56
311176 3226 03/08/2024 $2,181.09
311177 1121 03/08/2024 $2,402.07
311178 3149 03/08/2024 $2,380.26
311179 1865 03/08/2024 $2,052.32
311180 3479 03/08/2024 $1,705.20
311181 1723 03/08/2024 $1,768.99
City of Victorville Council Payroll Report Page 7 of 15 04/01/2024 Check Number Employee ID Check Date Total Net
Advices
311182 3296 03/08/2024 $2,396.09
311183 3791 03/08/2024 $1,236.24
311184 3707 03/08/2024 $1,902.33
311185 3572 03/08/2024 $1,268.26
311186 2531 03/08/2024 $4,752.69
311187 1513 03/08/2024 $2,015.42
311188 3283 03/08/2024 $3,234.53
311189 2118 03/08/2024 $974.42
311190 3387 03/08/2024 $1,703.60
311191 3330 03/08/2024 $2,236.31
311192 2681 03/08/2024 $3,703.77
311193 2119 03/08/2024 $2,009.34
311194 1612 03/08/2024 $1,730.04
311195 3610 03/08/2024 $2,060.46
311196 3277 03/08/2024 $1,826.96
311197 3287 03/08/2024 $1,973.83
311198 3037 03/08/2024 $2,030.70
311199 1449 03/08/2024 $3,018.04
311200 2677 03/08/2024 $5,186.40
311201 3688 03/08/2024 $1,705.06
311202 3341 03/08/2024 $2,431.79
311203 1137 03/08/2024 $1,821.12
311204 3793 03/08/2024 $1,170.02
311205 2383 03/08/2024 $2,034.26
311206 3687 03/08/2024 $1,170.02
311207 3130 03/08/2024 $1,827.25
311208 2489 03/08/2024 $1,676.48
311209 3733 03/08/2024 $1,621.81
311210 3361 03/08/2024 $2,027.68
311211 3624 03/08/2024 $2,139.77
311212 3139 03/08/2024 $1,562.32
311213 3099 03/08/2024 $2,555.50
311214 2696 03/08/2024 $1,707.66
311215 3536 03/08/2024 $2,668.22
311216 3722 03/08/2024 $446.11
311217 1254 03/08/2024 $2,175.01
311218 3187 03/08/2024 $1,009.05
311219 3804 03/08/2024 $2,370.85
311220 2368 03/08/2024 $2,204.61
311221 3532 03/08/2024 $1,904.74
311222 3798 03/08/2024 $1,103.82
311223 3100 03/08/2024 $2,821.11
311224 3796 03/08/2024 $1,648.72
311225 3344 03/08/2024 $2,068.78
311226 1338 03/08/2024 $3,821.67
311227 2229 03/08/2024 $1,733.59
City of Victorville Council Payroll Report Page 8 of 15 04/01/2024 Check Number Employee ID Check Date Total Net
Advices
311228 3790 03/08/2024 $1,267.89
311229 1049 03/08/2024 $2,324.01
311230 1506 03/08/2024 $1,935.71
311231 3004 03/08/2024 $2,091.99
311232 3794 03/08/2024 $1,170.02
311233 1581 03/08/2024 $2,553.25
311234 1932 03/08/2024 $1,969.70
311235 3279 03/08/2024 $1,937.29
311236 3725 03/08/2024 $1,170.02
311237 2460 03/08/2024 $5,727.62
311238 3671 03/08/2024 $1,672.57
311239 2732 03/08/2024 $1,859.07
311240 3338 03/08/2024 $1,569.99
311241 2552 03/08/2024 $2,126.48
311242 2476 03/08/2024 $3,789.76
311243 2279 03/08/2024 $2,639.09
311244 3515 03/08/2024 $5,975.92
311245 3092 03/08/2024 $2,818.68
311246 3836 03/08/2024 $705.70
311247 3138 03/08/2024 $3,004.68
311248 3146 03/08/2024 $3,105.33
311249 2590 03/08/2024 $2,181.60
311250 2748 03/08/2024 $2,122.56
311251 3709 03/08/2024 $2,755.64
311252 2669 03/08/2024 $3,197.08
311253 2623 03/08/2024 $2,023.60
311254 2637 03/08/2024 $2,521.17
311255 2638 03/08/2024 $2,923.73
311256 3803 03/08/2024 $1,948.65
311257 3109 03/08/2024 $2,668.10
311258 2671 03/08/2024 $2,974.53
311259 2593 03/08/2024 $2,574.84
311260 3328 03/08/2024 $2,406.76
311261 3461 03/08/2024 $2,306.53
311262 2626 03/08/2024 $1,801.71
311263 3038 03/08/2024 $2,731.05
311264 3052 03/08/2024 $2,011.93
311265 2290 03/08/2024 $2,045.31
311266 3716 03/08/2024 $1,821.68
311267 3110 03/08/2024 $3,429.82
311268 2641 03/08/2024 $1,912.31
311269 2612 03/08/2024 $4,939.79
311270 3698 03/08/2024 $1,323.54
311271 2642 03/08/2024 $3,080.47
311272 3705 03/08/2024 $1,977.01
311273 3331 03/08/2024 $1,930.92
City of Victorville Council Payroll Report Page 9 of 15 04/01/2024 Check Number Employee ID Check Date Total Net
Advices
311274 2674 03/08/2024 $2,346.55
311275 3231 03/08/2024 $2,534.59
311276 3228 03/08/2024 $3,082.81
311277 2628 03/08/2024 $2,608.83
311278 3301 03/08/2024 $1,734.87
311279 2630 03/08/2024 $2,527.59
311280 3182 03/08/2024 $2,608.48
311281 2599 03/08/2024 $2,229.75
311282 2683 03/08/2024 $2,322.61
311283 2753 03/08/2024 $2,475.90
311284 2610 03/08/2024 $2,795.06
311285 3323 03/08/2024 $2,820.12
311286 1389 03/08/2024 $4,124.40
311287 2808 03/08/2024 $1,941.79
311288 2646 03/08/2024 $3,366.19
311289 3617 03/08/2024 $1,608.87
311290 2600 03/08/2024 $2,621.66
311291 2524 03/08/2024 $2,684.88
311292 2686 03/08/2024 $2,195.32
311293 2193 03/08/2024 $2,239.49
311294 3322 03/08/2024 $2,686.73
311295 3629 03/08/2024 $2,538.02
311296 3230 03/08/2024 $3,201.14
311297 1931 03/08/2024 $2,407.37
311298 2038 03/08/2024 $1,756.35
311299 2339 03/08/2024 $2,189.83
311300 2678 03/08/2024 $3,717.52
311301 3240 03/08/2024 $2,588.97
311302 3743 03/08/2024 $1,753.51
311303 3215 03/08/2024 $2,560.12
311304 3140 03/08/2024 $2,095.70
311305 3035 03/08/2024 $2,192.53
311306 3651 03/08/2024 $2,158.45
311307 3769 03/08/2024 $640.21
311308 3299 03/08/2024 $2,036.09
311309 1853 03/08/2024 $2,894.94
311310 3729 03/08/2024 $1,599.74
311311 2343 03/08/2024 $1,626.47
311312 3497 03/08/2024 $1,626.12
311313 3645 03/08/2024 $758.49
311314 3503 03/08/2024 $2,816.37
311315 3105 03/08/2024 $1,845.87
311316 3579 03/08/2024 $1,082.72
311317 3386 03/08/2024 $2,532.55
311318 3191 03/08/2024 $2,167.49
311319 2488 03/08/2024 $1,115.08
City of Victorville Council Payroll Report Page 10 of 15 04/01/2024 Check Number Employee ID Check Date Total Net
Advices
311320 3496 03/08/2024 $924.14
311321 3120 03/08/2024 $1,010.90
311322 3806 03/08/2024 $781.94
311323 3482 03/08/2024 $1,777.57
311324 3502 03/08/2024 $2,358.65
311325 3724 03/08/2024 $1,037.03
311326 3011 03/08/2024 $1,909.60
311327 3768 03/08/2024 $154.78
311328 3580 03/08/2024 $1,433.44
311329 3270 03/08/2024 $1,874.45
311330 3263 03/08/2024 $1,822.95
311331 3252 03/08/2024 $2,646.53
311332 3295 03/08/2024 $1,905.13
311333 3257 03/08/2024 $1,946.90
311334 3184 03/08/2024 $3,466.09
311335 3070 03/08/2024 $2,062.42
311336 3657 03/08/2024 $950.47
311337 3689 03/08/2024 $2,047.47
311338 3288 03/08/2024 $782.87
311339 3767 03/08/2024 $139.30
311340 1866 03/08/2024 $2,813.98
311341 3674 03/08/2024 $945.12
311342 3766 03/08/2024 $567.19
311343 3822 03/08/2024 $1,170.02
311344 1282 03/08/2024 $2,325.06
311345 3717 03/08/2024 $510.79
311346 3481 03/08/2024 $1,871.56
311347 2379 03/08/2024 $2,782.90
311348 3655 03/08/2024 $954.88
311349 3813 03/08/2024 $840.14
311350 3656 03/08/2024 $790.14
311351 3789 03/08/2024 $4,275.40
311352 3775 03/08/2024 $763.45
311353 2478 03/08/2024 $973.83
311354 1287 03/08/2024 $3,042.91
311355 3648 03/08/2024 $46.43
311356 3779 03/08/2024 $475.96
311357 2711 03/08/2024 $1,622.60
311358 3258 03/08/2024 $1,849.89
311359 3259 03/08/2024 $1,784.32
311360 3573 03/08/2024 $1,697.15
311361 3507 03/08/2024 $2,554.25
311362 3531 03/08/2024 $4,117.59
311363 3814 03/08/2024 $883.17
311364 3665 03/08/2024 $274.09
311365 3639 03/08/2024 $1,544.25
City of Victorville Council Payroll Report Page 11 of 15 04/01/2024 Check Number Employee ID Check Date Total Net
Advices
311366 3587 03/08/2024 $950.47
311367 3586 03/08/2024 $1,896.60
311368 3669 03/08/2024 $417.62
311369 3029 03/08/2024 $1,922.75
311370 3190 03/08/2024 $2,787.72
311371 1959 03/08/2024 $3,225.53
311372 3250 03/08/2024 $1,682.88
311373 3824 03/08/2024 $1,170.02
311374 3812 03/08/2024 $950.47
311375 3326 03/08/2024 $3,252.19
311376 3609 03/08/2024 $1,121.58
311377 3770 03/08/2024 $640.21
311378 3492 03/08/2024 $405.08
311379 3691 03/08/2024 $1,058.64
311380 3810 03/08/2024 $954.88
311381 3576 03/08/2024 $1,121.58
311382 3647 03/08/2024 $657.59
311383 3566 03/08/2024 $545.62
311384 3511 03/08/2024 $2,024.74
311385 3823 03/08/2024 $1,170.02
311386 3368 03/08/2024 $2,000.49
311387 2006 03/08/2024 $11,322.04
311388 3761 03/08/2024 $2,878.59
311389 2684 03/08/2024 $1,617.94
311390 3079 03/08/2024 $1,841.87
311391 1966 03/08/2024 $2,529.55
311392 3844 03/08/2024 $2,356.46
311393 3388 03/08/2024 $1,959.36
311394 2355 03/08/2024 $2,332.74
311395 3696 03/08/2024 $2,661.36
311396 3500 03/08/2024 $2,660.54
311397 3620 03/08/2024 $1,872.42
311398 3654 03/08/2024 $1,795.80
311399 2039 03/08/2024 $1,884.57
311400 3838 03/08/2024 $919.23
311401 3281 03/08/2024 $1,839.76
311402 3550 03/08/2024 $2,632.18
311403 3348 03/08/2024 $1,846.99
311404 3862 03/08/2024 $1,475.13
311405 3807 03/08/2024 $2,020.45
311406 3081 03/08/2024 $2,214.05
311407 3523 03/08/2024 $5,007.13
311408 3271 03/08/2024 $1,781.35
311409 3017 03/08/2024 $4,987.26
311410 3706 03/08/2024 $1,351.09
311411 3512 03/08/2024 $2,611.07
City of Victorville Council Payroll Report Page 12 of 15 04/01/2024 Check Number Employee ID Check Date Total Net
Advices
311412 2027 03/08/2024 $1,496.69
311413 2330 03/08/2024 $3,221.78
311414 2795 03/08/2024 $1,866.54
311415 3437 03/08/2024 $7,126.91
311416 3652 03/08/2024 $2,232.52
311417 3421 03/08/2024 $4,578.96
311418 3439 03/08/2024 $2,317.77
311419 3440 03/08/2024 $2,655.10
311420 3441 03/08/2024 $3,785.21
311421 3473 03/08/2024 $5,169.81
311422 3820 03/08/2024 $2,744.63
311423 3406 03/08/2024 $5,526.91
311424 3422 03/08/2024 $4,241.42
311425 3442 03/08/2024 $4,292.77
311426 3433 03/08/2024 $4,072.73
311427 3469 03/08/2024 $3,421.87
311428 3424 03/08/2024 $2,605.24
311429 3414 03/08/2024 $4,691.43
311430 3704 03/08/2024 $4,178.36
311431 3734 03/08/2024 $4,948.44
311432 3832 03/08/2024 $4,927.49
311433 3799 03/08/2024 $2,156.83
311434 3443 03/08/2024 $5,486.82
311435 3600 03/08/2024 $3,208.45
311436 3711 03/08/2024 $5,995.75
311437 3715 03/08/2024 $3,473.90
311438 3444 03/08/2024 $2,837.36
311439 3583 03/08/2024 $3,339.37
311440 3594 03/08/2024 $5,605.23
311441 1718 03/08/2024 $4,130.14
311442 3409 03/08/2024 $2,710.49
311443 3856 03/08/2024 $2,028.51
311444 3426 03/08/2024 $4,223.42
311445 3860 03/08/2024 $1,936.63
311446 3642 03/08/2024 $1,893.95
311447 3584 03/08/2024 $1,851.05
311448 3746 03/08/2024 $1,995.29
311449 3538 03/08/2024 $869.86
311450 3410 03/08/2024 $4,951.19
311451 3828 03/08/2024 $3,190.63
311452 3447 03/08/2024 $2,285.40
311453 3427 03/08/2024 $5,428.05
311454 3411 03/08/2024 $4,593.91
311455 3448 03/08/2024 $2,510.32
311456 3719 03/08/2024 $1,694.15
311457 3833 03/08/2024 $3,659.24
City of Victorville Council Payroll Report Page 13 of 15 04/01/2024 Check Number Employee ID Check Date Total Net
Advices
311458 3518 03/08/2024 $6,573.11
311459 3449 03/08/2024 $3,779.48
311460 3428 03/08/2024 $2,856.57
311461 3858 03/08/2024 $2,040.52
311462 3429 03/08/2024 $2,496.64
311463 3455 03/08/2024 $2,467.48
311464 3451 03/08/2024 $11,306.02
311465 3712 03/08/2024 $6,599.82
311466 3595 03/08/2024 $3,655.35
311467 3854 03/08/2024 $2,453.40
311468 3430 03/08/2024 $2,915.26
311469 3452 03/08/2024 $5,697.44
311470 3417 03/08/2024 $4,313.36
311471 3085 03/08/2024 $2,157.58
311472 3431 03/08/2024 $5,505.47
311473 3857 03/08/2024 $1,936.64
311474 3419 03/08/2024 $4,860.71
311475 3720 03/08/2024 $2,085.22
311476 3524 03/08/2024 $3,252.60
311477 3412 03/08/2024 $7,046.41
311478 3805 03/08/2024 $2,112.01
311479 3829 03/08/2024 $3,062.71
311480 3830 03/08/2024 $2,602.75
311481 3420 03/08/2024 $3,222.12
311482 3435 03/08/2024 $3,365.50
311483 3800 03/08/2024 $5,228.87
311484 3432 03/08/2024 $4,800.89
311485 3408 03/08/2024 $2,948.98
311486 3456 03/08/2024 $3,435.78
311487 3859 03/08/2024 $2,806.89
311488 3763 03/08/2024 $2,936.99
311489 3591 03/08/2024 $1,328.93
311490 3392 03/08/2024 $4,843.86
311491 3855 03/08/2024 $2,771.49
311492 3831 03/08/2024 $3,338.70
311493 3434 03/08/2024 $2,582.10
Advices Total 1,396,981.50
City of Victorville Council Payroll Report Page 14 of 15 04/01/2024 Check Date Total Gross
$2,673.09
$24.78
$233,067.22
$576.40
$65,828.39
$3,909.60
$49.96
$87,506.47
$285.42
$353,705.70
Confidential Garnishment 3/7/2024 $423.00
VV Firefighter's Union $6,380.00
Electronic Vendor Payments Total 754,430.03
PERS
Deferred Comp (457)
State Taxes
CASDU
3/7/2024
2/23/2024
3/8/2024
2/27/2024
3/25/2024
3/14/2024
3/11/2024
State Taxes 3/8/2024
Electronic Vendor Payments
Vendor
IRS
Deferred Comp (457)
Deferred Comp (401a)
2/22/2024
IRS 2/26/2024
IRS 3/8/2024
City of Victorville Council Payroll Report Page 15 of 15 04/01/2024 Item Number: 5
City Council / Board of Directors
Consent Calendar
Meeting of: May 7, 2024
Submitted By:
Carmen Cun, Finance Director / City Treasurer
Subject:
Commercial Demand Schedule No. 19
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 19 in the amount of $11,794,248.00, covering Electronic Fund Transfers No. 338821 through 338976 and Warrant No. 794881 through 795053 for 04/04/2024 through 04/17/2024 and Wire Transfers dated 04/11/2024 through 04/24/2024, per the adopted budget for Fiscal Year 2023-2024 for the period covering July 1, 2023 through June 30, 2024.
Fiscal Impact:
The total fiscal impact for FY23-24 in the amount of $11,794,248.00 is authorized with this action. The attached report details the total funds paid to vendors.
Background:
Pursuant to the City’s Municipal Code (2.24.080) the attached demands were presented by the departments, audited by the Finance Department and subsequent warrants/wire transfers were issued. All were found to be in conformity to City policies and procedures and funds were budgeted or available to pay said demands. List of commercial warrants and wire transfers are now being presented to Council for approval.
Attachments: A. Commercial Demand Schedule No. 19 Check Register Summary ATTACHMENT A:
Commercial Demand Schedule No. 19 Check Register Summary
CITY OF VICTORVILLE
Report generated: 04/18/2024 08:46 Page 1User:
Program ID:
emesa
apchkrcn
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
338821 04/10/2024 EFT 021302 AAA CONTAINER SALES AND R 174.00 338822 04/10/2024 EFT 010537 ACCO ENGINEERED SYSTEMS, 3,060.00 338823 04/10/2024 EFT 000004 LITTLEFIELD, DAVID S. 375.00 338824 04/10/2024 EFT 010826 AIR EXPRESSWAY TOWING, IN 150.00 338825 04/10/2024 EFT 000165 ANIMAL EMERGENCY CLINIC 759.00 338826 04/10/2024 EFT 018562 BEST POWER EQUIPMENT, LLC 663.73 338827 04/10/2024 EFT 022271 ASHTON, STEVE 900.00
338828 04/10/2024 EFT 000205 ATLAS COPCO USA HOLDINGS 1,180.50 338829 04/10/2024 EFT 021548 BASE HILL, INC. 4,825.50
338830 04/10/2024 EFT 014084 BAUER COMPRESSORS, INC 72,333.71 338831 04/10/2024 EFT 000297 BECK OIL, INC. 70,404.87
338832 04/10/2024 EFT 015877 BOOT BARN, INC. 3,659.01
338833 04/10/2024 EFT 021414 CALAMP WIRELESS NETWORKS 462.50 338834 04/10/2024 EFT 003245 CALIFORNIA DEPARTMENT OF 441.00 338835 04/10/2024 EFT 022161 CALIFORNIA PPE RECON, INC 11,223.00 338836 04/10/2024 EFT 014820 CAL-STATE AUTO PARTS 161.51 338837 04/10/2024 EFT 028287 CASTELLON, STEPHANIE 157.50 338838 04/10/2024 EFT 016335 CHARTER COMMUNICATION HOL 17,754.71 338839 04/10/2024 EFT 018132 CLINICAL LABORATORY OF SA 48.00 338840 04/10/2024 EFT 000600 COLES BROS. 137.00
338841 04/10/2024 EFT 018812 COMTRONIX COMMUNICATIONS 1,069.81 338842 04/10/2024 EFT 015486 CONSOLIDATED ELECTRICAL D 13,706.57 338843 04/10/2024 EFT 029743 COUNTS UNLIMITED, INC. 460.00 338844 04/10/2024 EFT 000677 CRAFCO, INC. 720.59
338845 04/10/2024 EFT 022345 DIAMOND ENVIRONMENTAL SER 273.73 338846 04/10/2024 EFT 019279 DIAMOND SPEED PRODUCTS, I 527.06 338847 04/10/2024 EFT 000975 FRANKLIN TRUCK PARTS, INC 833.70 338848 04/10/2024 EFT 016134 FRONTIER COMMUNICATIONS C 7,445.41 338849 04/10/2024 EFT 003960 CENGAGE LEARNING, INC. 101.76 338850 04/10/2024 EFT 001063 GOODYEAR TIRE & RUBBER CO 581.28 338851 04/10/2024 EFT 001076 GRAINGER 1,623.93
338852 04/10/2024 EFT 006269 GREEN, DE BORTNOWSKY, LLP 6,500.00 338853 04/10/2024 EFT 001104 HAAKER EQUIPMENT CO. 472.49 338854 04/10/2024 EFT 021166 HARKEY, DAWN MARIE 150.00
338855 04/10/2024 EFT 000278 HI DESERT ALARM 114.45
338856 04/10/2024 EFT 001206 HITT PLUMBING INC. 120.00
338857 04/10/2024 EFT 014733 INTEGRATED ENGINEERS AND 17,732.26 338858 04/10/2024 EFT 018048 INDUSTRIAL CLERICAL RECRU 9,685.04 338859 04/10/2024 EFT 024922 INFOSEND, INC 2,769.85
338860 04/10/2024 EFT 001282 INLAND KENWORTH, INC. 293.08 338861 04/10/2024 EFT 021689 THINKNETIC MEDICAL CORPOR 295.00 338862 04/10/2024 EFT 020477 LIFE-ASSIST, INC. 468.60
338863 04/10/2024 EFT 017751 MICHAEL BAKER INTERNATION 305.50 338864 04/10/2024 EFT 022565 MIDWEST TAPE, LLC 7,500.00 338865 04/10/2024 EFT 001592 MOBILE OCCUPATIONAL SERVI 70.00 338866 04/10/2024 EFT 017743 PULICE, SAMUEL A. 4,756.60 338868 04/10/2024 EFT 001696 NIXON-EGLI EQUIPMENT COMP 154.32 338869 04/10/2024 EFT 017861 NYCANCO EMS PRODUCTS, INC 1,535.17 338870 04/10/2024 EFT 028213 O'REILLY AUTO PARTS 71.87
338871 04/10/2024 EFT 009123 PATTON SALES CORP. 686.87
338872 04/10/2024 EFT 001886 PRUDENTIAL OVERALL SUPPLY 252.68 338873 04/10/2024 EFT 018886 RDO EQUIPMENT CO. 29,019.98 CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
CITY OF VICTORVILLE
Report generated: 04/18/2024 08:46 Page 2User:
Program ID:
emesa
apchkrcn
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
338875 04/10/2024 EFT 002037 SAN BERNARDINO COUNTY 394,719.20 338876 04/10/2024 EFT 015670 SCORPION FIRE PROTECTION, 6,378.75 338877 04/10/2024 EFT 017252 SDC ENGINEERING, INC 874.32 338878 04/10/2024 EFT 019792 SEVEN60 WRAP & SIGNS 375.00 338879 04/10/2024 EFT 002123 SHERWIN WILLIAMS COMPANY 1,499.36 338880 04/10/2024 EFT 013743 SOUTHWEST LIFT & EQUIPMEN 2,548.63 338881 04/10/2024 EFT 001153 DS SERVICES OF AMERICA, I 686.43 338882 04/10/2024 EFT 017052 SUNRISE ENGINEERING, INC. 1,529.00 338883 04/10/2024 EFT 019341 MARTIN, ARMANDO JR. 4,000.00 338884 04/10/2024 EFT 017269 TOWN & COUNTRY TIRE INC 615.76 338885 04/10/2024 EFT 001169 AUTO PARTS DIRECT LLC 2,005.93 338886 04/10/2024 EFT 002419 UNDERGROUND SERVICE ALERT 1,032.61 338887 04/10/2024 EFT 029118 UNITED ROTARY BRUSH CORPO 1,275.64 338888 04/10/2024 EFT 015004 U.S. DEPARTMENT OF ENERGY 9,325.64 338889 04/10/2024 EFT 015079 VERIZON WIRELESS SERVICES 31,914.74 338890 04/10/2024 EFT 008430 CALMAT COMPANY 351.55
338891 04/10/2024 EFT 013434 VICTORVILLE GLASS CO., IN 71.88 338892 04/10/2024 EFT 002498 VICTOR VALLEY WASTEWATER 1,538,987.42 338893 04/10/2024 EFT 002554 WAXIE SANITARY SUPPLY 4,824.52 338894 04/10/2024 EFT 005698 WEST COAST ARBORISTS INC. 49,310.90 338895 04/10/2024 EFT 010274 HD SUPPLY CONSTRUCTION SU 656.85 338896 04/10/2024 EFT 022033 WOODARD & CURRAN, INC. 657,799.26 338897 04/10/2024 EFT 018845 Z GLOBAL INC. 4,518.10
338898 04/17/2024 EFT 002201 AAAE 3,495.00
338899 04/17/2024 EFT 010537 ACCO ENGINEERED SYSTEMS, 7,310.50 338900 04/17/2024 EFT 021759 ADVANTAGE SEALING SYSTEM, 656.95 338901 04/17/2024 EFT 000104 DANTIN ENTERPRISES, INC. 385.00 338902 04/17/2024 EFT 019363 ALL PROPEST CONTROL SERVI 70.00 338903 04/17/2024 EFT 000144 AMERICAN GREEN DEVELOPERS 12,092.00 338904 04/17/2024 EFT 018562 BEST POWER EQUIPMENT, LLC 442.96 338905 04/17/2024 EFT 000297 BECK OIL, INC. 38,759.11
338906 04/17/2024 EFT 015877 BOOT BARN, INC. 616.44
338907 04/17/2024 EFT 014954 BRIDGEPAY NETWORK SOLUTIO 2,366.30 338908 04/17/2024 EFT 022096 CALI AUTO GLASS 150.00
338909 04/17/2024 EFT 002720 CALIFORNIA TOOL & WELDING 1,270.50 338910 04/17/2024 EFT 014820 CAL-STATE AUTO PARTS 309.65 338911 04/17/2024 EFT 028287 CASTELLON, STEPHANIE 70.00 338912 04/17/2024 EFT 018132 CLINICAL LABORATORY OF SA 64.00 338913 04/17/2024 EFT 000600 COLES BROS. 137.00
338914 04/17/2024 EFT 015486 CONSOLIDATED ELECTRICAL D 2,073.67 338915 04/17/2024 EFT 000662 THE COUNSELING TEAM INTER 3,800.00 338916 04/17/2024 EFT 022345 DIAMOND ENVIRONMENTAL SER 210.63 338917 04/17/2024 EFT 012800 DKF SOLUTIONS GROUP, LLC 208.00 338918 04/17/2024 EFT 005295 DOKKEN ENGINEERING 7,496.06 338919 04/17/2024 EFT 019731 EL DORADO BROADCASTERS LL 1,200.00 338920 04/17/2024 EFT 000875 ENDURA STEEL, INC. 213.88
338921 04/17/2024 EFT 014106 ENGINEERING RESOURCES OF 4,830.00 338922 04/17/2024 EFT 015760 FASTENAL COMPANY 908.49
338923 04/17/2024 EFT 016767 KALMIKOV ENTERPRISES, INC 289.22 338924 04/17/2024 EFT 000975 FRANKLIN TRUCK PARTS, INC 208.56 338925 04/17/2024 EFT 015874 FRIENDS OF THE VICTORVILL 1,127.18 338926 04/17/2024 EFT 016134 FRONTIER COMMUNICATIONS C 449.78 CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
CITY OF VICTORVILLE
Report generated: 04/18/2024 08:46 Page 3User:
Program ID:
emesa
apchkrcn
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
338927 04/17/2024 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 289.07 338929 04/17/2024 EFT 001063 GOODYEAR TIRE & RUBBER CO 4,165.68 338930 04/17/2024 EFT 001076 GRAINGER 2,106.87
338931 04/17/2024 EFT 018938 HARRIS & ASSOCIATES, INC. 15,644.00 338932 04/17/2024 EFT 017752 HATTRIX INC. 332.73
338933 04/17/2024 EFT 000278 HI DESERT ALARM 608.27
338934 04/17/2024 EFT 008848 HI DESERT FIRE PROTECTION 382.63 338935 04/17/2024 EFT 018574 HITACHI ENERGY USA, INC. 80,279.25 338936 04/17/2024 EFT 021594 HERITAGE LANDSCAPE SUPPLY 3,136.18 338937 04/17/2024 EFT 024922 INFOSEND, INC 12,304.73
338938 04/17/2024 EFT 021689 THINKNETIC MEDICAL CORPOR 530.00 338939 04/17/2024 EFT 022659 LIGHTNING STEP TECHNOLOGI 2,500.00 338940 04/17/2024 EFT 015804 MISSION AMBULANCE, INC. 113,984.00 338941 04/17/2024 EFT 001592 MOBILE OCCUPATIONAL SERVI 20.00 338942 04/17/2024 EFT 019967 MOJAVE AUTO COLLISION 9,459.22 338943 04/17/2024 EFT 001595 MOJAVE BASIN AREA WATERMA 29,044.53 338944 04/17/2024 EFT 025693 MONTANO, JESUS 150.00
338945 04/17/2024 EFT 016352 MONTGOMERY, ROGER 315.00
338946 04/17/2024 EFT 016376 SHEPARD, MARSHALL 13,955.00 338947 04/17/2024 EFT 018223 NEW RESOURCES GROUP, INC. 68.43 338948 04/17/2024 EFT 018621 NTT AMERICA SOLUTIONS, IN 13,568.24 338949 04/17/2024 EFT 028213 O'REILLY AUTO PARTS 189.08 338950 04/17/2024 EFT 001789 PARKHOUSE TIRE, INC. 1,140.67 338951 04/17/2024 EFT 021374 PENCCO, INC 5,583.83
338952 04/17/2024 EFT 025260 PENWORTHY COMPANY, THE 1,424.76 338953 04/17/2024 EFT 022232 PERMA-BOUND BOOKS 92.11
338954 04/17/2024 EFT 013165 PETE'S ROAD SERVICE 1,155.04 338955 04/17/2024 EFT 001886 PRUDENTIAL OVERALL SUPPLY 807.75 338956 04/17/2024 EFT 020678 UNITED SAFETY SERVICES 659.00 338957 04/17/2024 EFT 001987 ROTARY CLUB - VICTORVILLE 161.67 338958 04/17/2024 EFT 020842 ALL PURPOSE FIRE EXT. COR 1,587.78 338959 04/17/2024 EFT 002037 SAN BERNARDINO COUNTY 3,052,585.00 338960 04/17/2024 EFT 015670 SCORPION FIRE PROTECTION, 1,873.95 338961 04/17/2024 EFT 002123 SHERWIN WILLIAMS COMPANY 1,492.96 338962 04/17/2024 EFT 010553 SPOK, INC. 12.83
338963 04/17/2024 EFT 017117 TORRES, CARLOS 320.00
338964 04/17/2024 EFT 017269 TOWN & COUNTRY TIRE INC 65.00 338965 04/17/2024 EFT 002790 TREADWELL, KENNETH R. 4,750.00 338966 04/17/2024 EFT 003089 UNITED RENTALS, INC. 27,029.81 338967 04/17/2024 EFT 014536 UNITED SITE SERVICES OF C 2,344.12 338968 04/17/2024 EFT 000095 UNIVAR SOLUTIONS USA INC. 6,065.64 338969 04/17/2024 EFT 027262 VALLEY CONSTRUCTION SUPPL 612.09 338970 04/17/2024 EFT 015079 VERIZON WIRELESS SERVICES 1,090.70 338971 04/17/2024 EFT 008430 CALMAT COMPANY 632.23
338972 04/17/2024 EFT 002505 VICTORVILLE DISPOSAL, INC 1,153,676.46 338973 04/17/2024 EFT 002862 V.V. TOW, INC. 293.00
338974 04/17/2024 EFT 002498 VICTOR VALLEY WASTEWATER 2,770.73 338975 04/17/2024 EFT 002554 WAXIE SANITARY SUPPLY 675.99 338976 04/17/2024 EFT 018845 Z GLOBAL INC. 502.00
794881 04/10/2024 PRINTED 999973 ALFONSO, MELISSA 13.79 794882 04/10/2024 PRINTED 016339 ALL STAR ELITE SPORTS 3,952.28 794883 04/10/2024 PRINTED 014878 ALLTECH INDUSTRIES, INC 1,605.17 CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
CITY OF VICTORVILLE
Report generated: 04/18/2024 08:46 Page 4User:
Program ID:
emesa
apchkrcn
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
794884 04/10/2024 PRINTED 024821 ALPHA OMEGA SEPTIC SERVIC 10,354.41 794885 04/10/2024 PRINTED 003042 APPLE VALLEY COMMUNICATIO 249.81 794886 04/10/2024 PRINTED 017968 AVCOM SERVICES, INC. 1,025.00 794887 04/10/2024 PRINTED 000290 BATTERY MART OF APPLE VAL 237.21 794888 04/10/2024 PRINTED 000294 BEAR VALLEY PARTY RENTALS 1,283.11 794889 04/10/2024 PRINTED 017353 BOUND TREE MEDICAL, LLC 4,475.98 794890 04/10/2024 PRINTED 022229 BRODART COMPANY 37.33
794891 04/10/2024 PRINTED 000380 BURRTEC WASTE INDUSTRIES 1,023.01 794892 04/10/2024 PRINTED 020755 MIKE CAPOSIO BUICK GMC, L 3,259.79 794893 04/10/2024 PRINTED 022829 CAT5 COMMERCE, LLC 239.26 794894 04/10/2024 PRINTED 022627 CHEA, HAV 62.82
794895 04/10/2024 PRINTED 018020 DIXON PEST CONTROL, INC. 496.00 794896 04/10/2024 PRINTED 014122 EUROFINS EATON ANALYTICAL 6,690.00 794897 04/10/2024 PRINTED 011371 GARDA CL NORTHWEST, INC. 3,115.60 794898 04/10/2024 PRINTED 001155 HESPERIA HOSE SUPPLY 44.89 794899 04/10/2024 PRINTED 015157 HOME EXPO FINANCIAL 94.46 794900 04/10/2024 PRINTED 027317 INDUSTRIAL MEDICAL SERVIC 2,185.00 794901 04/10/2024 PRINTED 999982 JACOBO, ELENA 36.00
794902 04/10/2024 PRINTED 999982 JOHN HARRISON CONTRACTING 87.30 794903 04/10/2024 PRINTED 022990 HONEGGER, JENNIFER 2,880.00 794904 04/10/2024 PRINTED 022928 EVOQUE GROUP, LLC 2,486.77 794905 04/10/2024 PRINTED 001953 KARAVARDANYAN, EDGAR 83.18 794906 04/10/2024 PRINTED 010135 KAT EQUIPMENT LEASING INC 968.00 794907 04/10/2024 PRINTED 018875 KONICA MINOLTA BUSINESS S 1,059.35 794908 04/10/2024 PRINTED 018875 KONICA MINOLTA BUSINESS S 2,437.63 794909 04/10/2024 PRINTED 010660 LOVELAND'S AUTOMOTIVE SER 1,321.19 794910 04/10/2024 PRINTED 004292 LU'S LIGHTHOUSE 424.01 794911 04/10/2024 PRINTED 022618 LUY, VI TRUNG 114.33
794912 04/10/2024 PRINTED 000361 MARK BROWN & ASSOCIATES, 330.00 794913 04/10/2024 PRINTED 021979 MRC GLOBAL INC. 540.05 794914 04/10/2024 PRINTED 001648 NAPA AUTO PARTS 1,669.81 794915 04/10/2024 PRINTED 003466 NESHEIWAT, FWAZ 13.30
794916 04/10/2024 PRINTED 022947 NEWCO DISTRIBUTORS 1,590.77 794917 04/10/2024 PRINTED 999987 OTTO AVIATION GROUP, LLC 8,118.76 794918 04/10/2024 PRINTED 999988 PEACE OFFICERS FOR A GREE 87.30 794919 04/10/2024 PRINTED 999988 PEREZ, IRIS 65.00
794920 04/10/2024 PRINTED 020977 PATINO, JACOB 136.92
794921 04/10/2024 PRINTED 014567 PET HUB, INCORPORATED 3,775.00 794922 04/10/2024 PRINTED 017946 RAILWORKS TRACK SERVICE, 1,831.00 794923 04/10/2024 PRINTED 003150 ROBERTSON'S 2,822.56
794924 04/10/2024 PRINTED 002746 ROTO ROOTER PLUMBERS 13,838.00 794925 04/10/2024 PRINTED 020899 RUSH TRUCK CENTERS OF CAL 2,189.45 794926 04/10/2024 PRINTED 002037 SAN BERNARDINO COUNTY 5,625.90 794927 04/10/2024 PRINTED 002071 SAN BERNARDINO CO SOLID W 265,267.81 794928 04/10/2024 PRINTED 022652 SMITH, JARRET 41.36
794929 04/10/2024 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 155,204.29 794930 04/10/2024 PRINTED 011303 SPORTSENGINE, INC. 369.00 794931 04/10/2024 PRINTED 022223 ADVANCED SYSTEMS TECHNOLO 335.14 794932 04/10/2024 PRINTED 024609 STAPLES BUSINESS ADVANTAG 1,550.79 794933 04/10/2024 PRINTED 002236 STATE WATER RESOURCES CON 2,316.00 794934 04/10/2024 PRINTED 002269 SUNLAND FORD 2,392.67
794935 04/10/2024 PRINTED 002204 SOUTHWEST GAS CORPORATION 59,838.48 CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
CITY OF VICTORVILLE
Report generated: 04/18/2024 08:46 Page 5User:
Program ID:
emesa
apchkrcn
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
794936 04/10/2024 PRINTED 999992 TESLA 927.01
794937 04/10/2024 PRINTED 022678 TICOR TITLE CO 111.60
794939 04/10/2024 PRINTED 013754 TURBOSCAPE, INC. 3,287.20 794940 04/10/2024 PRINTED 022706 RED BARN MEDIA, INC. 77.50 794941 04/10/2024 PRINTED 002879 VICTOR VALLEY TRANSIT AUT 137.50 794942 04/10/2024 PRINTED 001147 WAGE WORKS 616.50
794943 04/10/2024 PRINTED 020097 WAREHOUSE-LIGHTNING.COM L 12,571.55 794944 04/10/2024 PRINTED 029510 WEST END MATERIAL SUPPLY 1,307.69 794945 04/10/2024 PRINTED 018223 NEW RESOURCES GROUP, INC. 1,372.75 794946 04/10/2024 PRINTED 002017 SAFEWAY SIGN CO. 9,123.04 794947 04/10/2024 PRINTED 022999 AF VICTORVILLE LLC 124.35 794948 04/10/2024 PRINTED 022997 BU, HUA 120.00
794949 04/10/2024 PRINTED 023010 CINNAMON BAY CAPITAL 96.99 794950 04/10/2024 PRINTED 023006 CRUZ, JUDITH 49.03
794951 04/10/2024 PRINTED 023014 FIGUEROA, ALEJANDRO 402.68 794952 04/10/2024 PRINTED 023013 FIRST AMERICAN TITLE CO 11.01 794953 04/10/2024 PRINTED 023001 HOUSE HELPERS LLC 36.13 794954 04/10/2024 PRINTED 023005 IBRAHIM EBAID, DAVID M. 34.91 794955 04/10/2024 PRINTED 023002 JN REALTY INVESTMENTS LLC 55.52 794956 04/10/2024 PRINTED 023000 MERCADO FAMILY REVOCABLE 25.18 794957 04/10/2024 PRINTED 023008 MURILLO, JESUS 33.80
794958 04/10/2024 PRINTED 019845 RICHMOND AMERICAN HOMES 84.79 794959 04/10/2024 PRINTED 019845 RICHMOND AMERICAN HOMES 85.71 794960 04/10/2024 PRINTED 023003 SOSA GONZALEZ, JOSE 67.54 794961 04/10/2024 PRINTED 022998 STEPNEY, TAYLOR 63.58
794962 04/10/2024 PRINTED 010697 STURKIE, MATTHEW B. 62.41 794963 04/10/2024 PRINTED 023009 T. MAUS GRADING AND PAVIN 433.54 794964 04/10/2024 PRINTED 021673 TAREK EL SHEIKH 68.28
794965 04/10/2024 PRINTED 022996 THOMAS-SMITH, CARLENE M. 250.00 794966 04/10/2024 PRINTED 023012 TICOR TITLE CO 229.79
794967 04/10/2024 PRINTED 023011 TITLE FORWARD OF CALIFORN 138.70 794968 04/10/2024 PRINTED 023004 TJIOE, SIOE L. 32.67
794969 04/10/2024 PRINTED 022993 USA STRATEGIC PROPERTY MA 1,226.70 794970 04/17/2024 PRINTED 006716 AIRGAS USA, LLC 23.12
794971 04/17/2024 PRINTED 015507 UNIVERSAL PROTECTION SERV 32,033.70 794972 04/17/2024 PRINTED 014878 ALLTECH INDUSTRIES, INC 525.00 794973 04/17/2024 PRINTED 028123 A.M. ORTEGA 14,394.69
794974 04/17/2024 PRINTED 020042 ANGEL ROCK AND SAND 4,149.60 794975 04/17/2024 PRINTED 022009 LOPEZ, OMAR 735.00
794976 04/17/2024 PRINTED 004381 BAKER, FRANK 55.00
794977 04/17/2024 PRINTED 029736 BAZE KELLY 150.00
794978 04/17/2024 PRINTED 000309 BEST BUY CO., INC. 689.73 794979 04/17/2024 PRINTED 019571 MJ AUTO GLASS INC. 758.85 794980 04/17/2024 PRINTED 000256 BSN SPORTS, INC. 1,835.09 794981 04/17/2024 PRINTED 000380 BURRTEC WASTE INDUSTRIES 2,856.51 794982 04/17/2024 PRINTED 000380 BURRTEC WASTE INDUSTRIES 135,120.38 794983 04/17/2024 PRINTED 000380 BURRTEC WASTE INDUSTRIES 820.82 794984 04/17/2024 PRINTED 001723 BUSINESS TELECOM PRODUCTS 310.12 794985 04/17/2024 PRINTED 001723 BUSINESS TELECOM PRODUCTS 366.12 794986 04/17/2024 PRINTED 999975 CRAFT, STACEY 164.00
794987 04/17/2024 PRINTED 017562 STATE OF CALIFORNIA DEPT. 840.00 794988 04/17/2024 PRINTED 017562 STATE OF CALIFORNIA DEPT. 840.00 CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
CITY OF VICTORVILLE
Report generated: 04/18/2024 08:46 Page 6User:
Program ID:
emesa
apchkrcn
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
794989 04/17/2024 PRINTED 000787 DEPARTMENT OF CONSERVATIO 7,980.16 794990 04/17/2024 PRINTED 012732 CALPORTLAND COMPANY 737.06 794991 04/17/2024 PRINTED 014097 CANON SOLUTIONS AMERICA, 279.51 794992 04/17/2024 PRINTED 000618 CDW GOVERNMENT, INC. 25,390.30 794993 04/17/2024 PRINTED 013168 COLLINS, LILIANA 85.28 794994 04/17/2024 PRINTED 019431 CONSTANT AND ASSOCIATES, 12,906.00 794995 04/17/2024 PRINTED 021496 DG INVESTMENT INTERMEDIAT 3,933.78 794996 04/17/2024 PRINTED 014721 CORE & MAIN LP 1,784.73 794997 04/17/2024 PRINTED 018141 CR&R INCORPORATED 508.50 794998 04/17/2024 PRINTED 017796 DAN'S LAWNMOWER CENTER 251.11 794999 04/17/2024 PRINTED 000764 ELLIOTT, RYAN 52.20
795000 04/17/2024 PRINTED 015832 DIXON, NATHAN 160.00
795001 04/17/2024 PRINTED 022422 ERNIE'S AUTO SERVICE CORP 278.39 795002 04/17/2024 PRINTED 014122 EUROFINS EATON ANALYTICAL 7,390.00 795003 04/17/2024 PRINTED 015318 FARWEST CORROSION CONTROL 144.80 795004 04/17/2024 PRINTED 004581 FLEETPRIDE 166.55
795005 04/17/2024 PRINTED 011371 GARDA CL NORTHWEST, INC. 56.61 795006 04/17/2024 PRINTED 001074 GRAHAM EQUIPMENT 105.49 795007 04/17/2024 PRINTED 020022 THE GREATER HIGH DESERT C 200.00 795008 04/17/2024 PRINTED 007552 GROOVELABS LLC 4,084.51 795009 04/17/2024 PRINTED 017053 HIGH DESERT LOCK & SAFE, 177.73 795010 04/17/2024 PRINTED 001155 HESPERIA HOSE SUPPLY 510.41 795011 04/17/2024 PRINTED 022905 HOPE THE MISSION 34,064.85 795012 04/17/2024 PRINTED 001229 HOWARDS MUFFLER SERVICE, 503.11 795013 04/17/2024 PRINTED 027317 INDUSTRIAL MEDICAL SERVIC 285.00 795014 04/17/2024 PRINTED 012506 KEWANNA SCREEN PRINTING, 1,686.02 795015 04/17/2024 PRINTED 018875 KONICA MINOLTA BUSINESS S 4,396.51 795016 04/17/2024 PRINTED 018875 KONICA MINOLTA BUSINESS S 2,054.55 795017 04/17/2024 PRINTED 021978 LAW OFFICE OF PETER KIEL 1,162.00 795018 04/17/2024 PRINTED 015232 LOGICALIS, INC 2,048.06 795019 04/17/2024 PRINTED 017054 LOOPNET, INC. 238.00
795020 04/17/2024 PRINTED 010660 LOVELAND'S AUTOMOTIVE SER 1,506.11 795021 04/17/2024 PRINTED 004292 LU'S LIGHTHOUSE 8,149.33 795022 04/17/2024 PRINTED 021161 CAR WASH PARTNERS, LLC. 408.00 795023 04/17/2024 PRINTED 021760 MOLINAR, ANDREW 320.00 795024 04/17/2024 PRINTED 022212 MWI VETERINARY SUPPLY CO. 2,076.11 795025 04/17/2024 PRINTED 021195 MYTHICS, INC. 2,253.70 795026 04/17/2024 PRINTED 001648 NAPA AUTO PARTS 3,861.06 795027 04/17/2024 PRINTED 021023 NEWMAN - HARRISON, SUSAN 150.00 795028 04/17/2024 PRINTED 015663 PADILLA & ASSOCIATES, INC 1,563.79 795029 04/17/2024 PRINTED 020257 PARK PLACE TECHNOLOGIES 4,464.49 795030 04/17/2024 PRINTED 009123 PATTON SALES CORP. 212.32 795031 04/17/2024 PRINTED 021906 PLAYAWAY PRODUCTS LLC 823.65 795032 04/17/2024 PRINTED 014355 QUINN COMPANY 119.02
795033 04/17/2024 PRINTED 022609 RAFTELIS FINANCIAL CONSUL 1,312.50 795034 04/17/2024 PRINTED 022897 RENTAFENCE.COM, INC. 2,134.94 795035 04/17/2024 PRINTED 021758 ROBERT HALF INTERNATIONAL 27,452.00 795036 04/17/2024 PRINTED 003150 ROBERTSON'S 1,256.71
795037 04/17/2024 PRINTED 002041 SAN BERNARDINO COUNTY TRA 17,804.00 795038 04/17/2024 PRINTED 022974 SHENKMAN & HUGHES PC 32,315.48 795039 04/17/2024 PRINTED 009118 SIVERLING, VANCE 31.64 795040 04/17/2024 PRINTED 018884 FIRST STREET PARENT, INC. 375.10 CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
CITY OF VICTORVILLE
Report generated: 04/18/2024 08:46 Page 7User:
Program ID:
emesa
apchkrcn
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
795041 04/17/2024 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 212,709.38 795042 04/17/2024 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 197,072.06 795043 04/17/2024 PRINTED 024609 STAPLES, INC. 616.72
795044 04/17/2024 PRINTED 004812 STERICYCLE INC. 1,173.30 795045 04/17/2024 PRINTED 002269 SUNLAND FORD 132.58
795046 04/17/2024 PRINTED 022989 TVH PARTS CO. 222.94
795047 04/17/2024 PRINTED 022597 TREETOP PRODUCTS, LLC. 3,750.76 795048 04/17/2024 PRINTED 014914 ULINE SHIPPING SUPPLY SPE 712.42 795049 04/17/2024 PRINTED 022188 UNITED WATER WORKS, INC. 1,056.78 795050 04/17/2024 PRINTED 002475 VESD CAFETERIA 706.34
795051 04/17/2024 PRINTED 020421 VOHNE LICHE KENNELS, INC. 750.00 795052 04/17/2024 PRINTED 029510 WEST END MATERIAL SUPPLY 193.97 795053 04/17/2024 PRINTED 022275 GASKELL TEP LLC 90,608.12 325 CHECKS CASH ACCOUNT TOTAL 9,222,260.50 .00
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
DATE OF WIRE ACCOUNT NAME DESCRIPTION AMOUNT WELLS FARGO BANK CONF #
04/11/24 BANK OF AMERICA
ESCROW #09187119-918-GKD
MEASURE P LAND
ACQUISITION 3106-261-15 THRU
3106-216-18 $ 75,000.00 FED:0411I1B7033R001472
04/22/24 VV ELEC REV 2022A Principal and Interest payment $ 774,844.25 04/24/24 VV ELEC REV 2022B Principal and Interest payment $ 1,722,143.25 Total: $ 2,571,987.50
Item Number: 6
City Council / Board of Directors
Consent Calendar
Meeting of: May 7, 2024
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Full Reduction of Faithful Performance Security for Case No. EWTR21-00264 Recommendation:
That the Honorable City Council approve the full release of the Water Faithful Performance Security for Case No. EWTR21-00264.
Fiscal Impact:
There is no fiscal impact resulting from this item.
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:
Case No. EWTR21-00264 is a scattered single-family residential home located within unincorporated San Bernardino County and the Victorville Water District service area.
The Developer, Zab, LLC, was required to install 608-linear feet water main extension on Sunset Road for the Victorville Water District to provide water services. As a public improvement, the Developer provided bonds as security for the water improvements.
At the May 2, 2023, regular City Council meeting, an 80-percent release of the Water Faithful Performance Security was approved, and the water improvements were accepted by the City.
At the November 7, 2023, regular City Council meeting, the full release of the Water Labor and Materials Security was approved for Case No. EWTR21-00264, in accordance with Victorville Municipal Code Section 17.64.070(3).
3 6
0 1
Discussion:
Per Victorville Municipal Code Section 17.64.070(4), the remaining 20-percent of the Faithful Performance Security was held for a one-year warranty period that ended on May 2, 2024. Therefore, staff recommends the full release of the Water Faithful Performance Security as there are no outstanding warranty items.
Staff remains available for any questions the Council may have.
Attachments: A. Vicinity Map
B. Securities Table
C. Existing Securities
Attachment A
Vicinity Map
Attachment B
Securities Table
Securities Table
Water Bond Totals:
Developer:
Zab, LLC
16502 Walnut St., #C
Hesperia, CA 92345
Faithful Performance Security
Water Improvements – 72453378
Labor & Materials Security
Water Improvements – 72453378
Amount of ORIGINAL Security: $64,835.10 Amount of ORIGINAL Security: $32,418.00 Amount of Security CURRENTLY: $12,967.10 Amount of Security CURRENTLY: $0.00 Amount of Security being REDUCED: $12,967.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $0.00 Amount of Security REMAINING: $0.00
Attachment C
Existing Securities
Item Number: 7
City Council / Board of Directors
Consent Calendar
Meeting of: May 7, 2024
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Reduction of Securities for Tract Map No. 16774
Recommendation:
That the Honorable City Council approve the full release of the LMAD, Landscape Maintenance Assessment District, Faithful Performance Security for Tract Map No. 16774.
Fiscal Impact:
There is no fiscal impact associated with this item.
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. 16774 (Tract 16774) is a 150-lot single-family housing subdivision located at the northwest corner of La Mesa Road and Peña Road. FHII, LLC, also known as Frontier Homes (Developer), entered into a Subdivision Improvement Agreement (SIA) with the City on March 16, 2021. Per the SIA and the conditions of approval, the Developer is required to install public improvements such as LMAD, monumentation, grading, streets, sewer, storm drain, and water systems.
At the April 18, 2023, regular City Council Meeting, the release of 80% of the Faithful Performance security for the LMAD Improvements was approved due to the required public improvements being completed.
3 6
0 2
At the November 7, 2023, regular City Council Meeting, the full release of the Water, Sewer, Drainage, and LMAD Labor & Materials Securities was approved for Tract Map No. 16774, per Victorville Municipal Code Section 17.64.070(3).
Discussion:
Per Victorville Municipal Code Section 17.64.070(4), the remaining 20-percent of the Faithful Performance Security are to be held for a one-year warranty period. There are no outstanding warranty items for the LMAD improvements on La Mesa Road and Peña Road at this time. Thus, staff recommends the full release of the Landscape Maintenance Assessment District (LMAD) Faithful Performance Security due to the warranty period ending on April 18, 2024.
Staff is available for any questions the Council may have.
Attachments: A. Vicinity Map
B. Securities Table
C. Existing Securities
Attachment A
Vicinity Map
Attachment B
Securities Table
Securities Table
Water, Sewer, Drainage, Street, LMAD, & Monumentation Bond Totals:
Faithful Performance Security
Water Improvements – No. 0791244 Labor & Materials Security Water Improvements – No. 0791244
Amount of ORIGINAL Security: $742,511.00 Amount of ORIGINAL Security: $371,255.50 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 – No. 0791243 Labor & Materials Security Sewer Improvements – No. 0791243
Amount of ORIGINAL Security: $804,680.25 Amount of ORIGINAL Security: $402,340.13 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 – No. 0799544 Labor & Materials Security Drainage Improvements – No. 0799544
Amount of ORIGINAL Security: $40,001.50 Amount of ORIGINAL Security: $0.00 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 – No. 0791242 Labor & Materials Security Street Improvements – No. 0791242
Amount of ORIGINAL Security: $2,335,876.88 Amount of ORIGINAL Security: $1,167,938.44 Amount of Security CURRENTLY: $934,350.75 Amount of Security CURRENTLY: $1,167,938.44 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $934,350.75 Amount of Security REMAINING: $1,167,938.44
Developer:
FH II, LLC, a California Limited Liability Company
2151 E. Convention Center Way, Suite 222
Ontario, CA 91764
Faithful Performance Security
LMAD Improvements – No. 0799543 Labor & Materials Security LMAD Improvements – No. 0799543
Amount of ORIGINAL Security: $350,833.92 Amount of ORIGINAL Security: $175,416.96 Amount of Security CURRENTLY: $70,166.78 Amount of Security CURRENTLY: $0.00 Amount of Security being REDUCED: $70,166.78 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $0.00 Amount of Security REMAINING: $0.00 Faithful Performance Security
Monumentation Improvements – No. 0799545
Amount of ORIGINAL Security: $16,500.00
Amount of Security CURRENTLY: $16,500.00
Amount of Security being REDUCED: $0.00
Amount of Security REMAINING: $16,500.00
Attachment C
Existing Securities
Item Number: 8
City Council / Board of Directors
Consent Calendar
Meeting of: May 7, 2024
Submitted By:
Andre de Bortnowsky, City Attorney
Subject:
Settlement Agreement between the City of Victorville and Janet Kwan Recommendation:
That the Honorable City Council approve the Citation Settlement Agreement by and between Janet Kwan and the City of Victorville in regard to Citation No. 23357 and authorize the City Manager to sign the Citation Settlement Agreement.
Fiscal Impact:
The City recovered initial abatement costs of $3,452.66 on July 30, 2021. This amount was allocated to the account as reflected below:
Account No. Description Amount
1004030-44350 Code Compliance – Cost Recovery $3,452.66 The City has recovered the sum of $50,820.00 in fines and a sum of $665.48 in additional cost recovery (the “Settlement Amount”). This amount was allocated to the accounts as reflected below:
Account No. Description Amount
1004030-44350 Code Compliance – Cost Recovery $665.48
Account No. Description Amount
1004030-47140 Code Compliance – Admin Citations $50,820.00 Background:
On December 17, 2019, the City of Victorville (“City”) adopted Ordinance No. 2400 amending the Victorville Municipal Code (“VMC”) to include section 13.150.060. VMC 3 6
0 9
section 13.150.060 became effective on January 1, 2020 and provides an administrative citation and fine structure for excess cannabis cultivation within the City limits. The State of California allows for the cultivation of up to six (6) cannabis plants at a residential property. VMC section 13.150.060(c) prohibits cultivation of cannabis in excess of six (6) allowable cannabis plants.
In recent history, the City’s Police and Code Compliance Departments have encountered excess cannabis cultivation operations inside residential homes. A typical excess cannabis cultivation within the City has ranged from approximately 200 to 2,000 cannabis plants being cultivated inside a residential home. These excess cannabis cultivation operations result in substantial damage to the interior of the home. Although the prohibition of excess cannabis cultivation applies to commercial properties within City limits as well as homes, the majority of these types of illegal cannabis cultivation operations occur inside residential properties.
The City’s Police and Code Compliance Departments investigate excess cannabis cultivation operations. These departments issue citations to the property owner or responsible party. The City’s Building Department, along with the Police and Code Compliance Departments, work to secure the residence, record building and safety violations present at the property that are the result of the excess cannabis cultivation, stabilize the utilities, and remove the cannabis from the home. The City incurs abatement costs related to the work completed by City departments stemming from the cannabis removal and securing the residential or commercial structure.
The administrative citation and fine process defined in VMC section 13.150.060 is one way the City combats excessive cannabis cultivations within its City limits. Enforcement of the City’s excess cannabis cultivation ordinance is intended to protect the health, welfare, and safety of the City’s residents from the public nuisance conditions associated with these properties.
Discussion:
Janet Kwan owned residential property in the City of Victorville at 12496 Los Pinos St. (“Property”). An excess cannabis cultivation operation was found inside the Property in February 2020. The City issued citation No. 23357 for the violation of VMC Section
13.150.060(c). The City’s Code Compliance, Police, and Building Departments abated the dangerous conditions present at the Property.
Pursuant to closed session discussions on February 20, 2024, Ms. Kwan has accepted the terms of the settlement agreement wherein she agreed to pay to the City the sum of $50,820.00 and the City will waive the penalties, interest or other fees that have accrued since the issuance of the citation. Ms. Kwan has sold the Property and the City has entered into a property compliance agreement with the buyer of the Property to ensure that any outstanding code violations are timely remediated. 3 6
0 9
Staff and the City Attorney’s office recommend approval of the attached Citation Settlement Agreement as it is consistent with the City Council direction given to staff during the Closed Session portion of its February 20, 2024 meeting.
Attachments: Attachment A - Citation Settlement Agreement
Item Number: 9
City Council / Board of Directors
Consent Calendar
Meeting of: May 7, 2024
Submitted By:
Andre de Bortnowsky, City Attorney
Subject:
Settlement Agreement between the City of Victorville and Don Ha Recommendation:
That the Honorable City Council approve the Citation Settlement Agreement by and between Don Ha and the City of Victorville in regard to Citation Nos. 28161 and 30391 and authorize the City Manager to sign the Citation Settlement Agreement.
Fiscal Impact:
The City will recover the total sum of $22,440.00 in fines and cost recovery on the Citations (the “Settlement Amount’). The Settlement Amount will be paid commencing with an initial payment of $4,488 paid within 15 days of the full execution and ratification of the attached Citation Settlement Agreement. The balance of the Settlement Amount is to be paid to the City in 11 monthly payments on the first day of each month, commencing on June 1, 2024, and ending on April 1, 2025 in the amount of $1,632.00 monthly.
The City will recover its abatement costs of $4,596.43. This amount will be allocated to the account as reflected below:
Account No. Description Amount
1004030-44350 Code Compliance – Cost Recovery $4,596.43 The City will recover the sum of $17,843.57 in fines on the Citations 28161 and 30391.
This amount will be allocated to the account as reflected below:
Account No. Description Amount
1004030-47140 Code Compliance – Admin Citations $17,843.57 3 6
1 0
Background:
On December 17, 2019, the City of Victorville (“City”) adopted Ordinance No. 2400 amending the Victorville Municipal Code (“VMC”) to include section 13.150.060. VMC section 13.150.060 became effective on January 1, 2020 and provides an administrative citation and fine structure for excess cannabis cultivation within the City limits. The State of California allows for the cultivation of up to six (6) cannabis plants at a residential property. VMC section 13.150.060(c) prohibits cultivation of cannabis in excess of six (6) allowable cannabis plants.
In recent history, the City’s Police and Code Compliance Departments have encountered excess cannabis cultivation operations inside residential homes. A typical excess cannabis cultivation within the City has ranged from approximately 200 to 2,000 cannabis plants being cultivated inside a residential home. These excess cannabis cultivation operations result in substantial damage to the interior of the home. Although the prohibition of excess cannabis cultivation applies to commercial properties within City limits as well as homes, the majority of these types of illegal cannabis cultivation operations occur inside residential properties.
The City’s Police and Code Compliance Departments investigate excess cannabis cultivation operations. These departments issue citations to the property owner or responsible party. The City’s Building Department, along with the Police and Code Compliance Departments, work to secure the residence, record building and safety violations present at the property that are the result of the excess cannabis cultivation, stabilize the utilities, and remove the cannabis from the home. The City incurs abatement costs related to the work completed by City departments stemming from the cannabis removal and securing the residential or commercial structure.
The administrative citation and fine process defined in VMC section 13.150.060 is one way the City combats excessive cannabis cultivations within its City limits. Enforcement of the City’s excess cannabis cultivation ordinance is intended to protect the health, welfare, and safety of the City’s residents from the public nuisance conditions associated with these properties.
Discussion:
Don Ha owns a residential property in the City of Victorville at 15834 Iron Canyon Lane, in the City of Victorville (“Property”). An excess cannabis cultivation operation was found inside the Property in April 2021. The City issued citation Nos. 28161 and 30391 for the violation of VMC Section 13.150.060(c) and related property maintenance violations . The City’s Code Compliance, Police, and Building Departments abated the dangerous conditions present at the Property. Pursuant to Closed Session discussions on February 6, 2024, Mr. Ha has accepted the terms of the settlement agreement wherein he agreed to pay to the City the sum of $22,440.00 and the City will waive the penalties, interests or other fees that have accrued since the issuance of the citation. Mr. Ha has brought the Property up to code and has finalized all the building permits issued in connection with the renovation of the Property.
3 6
1 0
Staff and the City Attorney’s office recommend approval of the attached Citation Settlement Agreement as it is consistent with the City Council direction given during the Closed Session portion of its February 6, 2024 meeting.
Attachments: A. Citation Settlement Agreement
Item Number: 10
City Council / Board of Directors
Consent Calendar
Meeting of: May 7, 2024
Submitted By:
Carmen Cun, Finance Director / City Treasurer
Subject:
Quarterly Investment Report as of March 31, 2024
Recommendation:
That the City Council/Board of Directors receive and file the attached Quarterly Investment Report as of March 31, 2024.
Fiscal Impact:
There is no fiscal impact associated with this item. This is a report of cash and investments held by the City to be provided quarterly to the City Council/Board of Directors to receive and file.
Strategic Plan Goal:
Goal A. Financial Sustainability - Foster fiscal health through disciplined long-term planning by adhering to our three (3) investment policy criteria: safety, liquidity, and yield.
Background:
The City Treasurer is to provide the City Council/Board of Directors a quarterly report of investments, as stated in California Government Code Section 53646.
Discussion:
In accordance with the City’s Investment Policy and California Government Code Section 53646, the City Treasurer shall prepare a Quarterly Investment Report, with interim reports as may be requested by the City Council/Board of Directors or deemed as appropriate by the City Treasurer. This report shall include a management summary that provides a status of the current investment portfolios.
Below is a summary of the City’s investment performance for the previous five fiscal years, the average yield of the previous five fiscal years, and the average yield for the current fiscal year as of the current quarter. A large portion of the City’s funds are held in 3 6
1 4
Local Agency Investment Fund (LAIF) accounts and are classified as cash since the City can access these funds at any time. The majority of the funds held in the Trustee Accounts are reserve funds for the City’s bond issuances and are required to be held with the trustee until the bond’s final maturity date. The detail of these investments can be found in the Quarterly Investment Reports. Staff is available to answer any questions the City Council/Board of Directors may have.
Average Annual Yield: Past 5 Fiscal Years, 5-Year Avg, and Current Fiscal Year Avg
Fiscal Year:
Investment Type
2018/19 2019/20 2020/21 2021/22 2022/23
5-Year
Avg
Current
FY Avg
LAIF/Bank Accounts
(Cash) 2.10% 1.71% 0.54% 0.34% 3.35% 1.61% 4.82%
Trustee Accounts
(Bond Reserve
Funds)
2.14% 0.85% 0.13% 0.48% 4.15% 1.55% 5.20%
Attachments: A. Quarterly Investment Report as of March 31, 2024
Item Number: 11
City Council / Board of Directors
Consent Calendar
Meeting of: May 7, 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 March.
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
Atachment A
Fire Department Newsleter
Item Number: 12
City Council / Board of Directors
Consent Calendar
Meeting of: May 7, 2024
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Minutes of the April 2, 2024, Regular City Council Meeting Recommendation:
That the Honorable City Council approve the minutes of the Regular City Council Meeting held on April 2, 2024.
Fiscal Impact:
There is no fiscal impact as a result of this action.
Attachments: A. Minutes of the April 2, 2024, Regular City Council Meeting Attachment A
Minutes of the April 2,
2024, Regular City
Council Meeting
City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
VICTORVILLE CITY COUNCIL
VICTORVILLE LIBRARY BOARD OF TRUSTEES
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
THE CITY AS HOUSING ASSETS SUCCESSOR
JOINT POWERS FINANCING AUTHORITY
VICTORVILLE WATER DISTRICT
Regular Meeting Minutes
Tuesday, April 2, 2024
6:00 p.m. Regular Session
6:00 p.m. Regular Session
Call to Order
Roll Call
Present: Council Member Gomez, Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
Absent: None
Also Present:
City Manager Keith C. Metzler, Deputy City Manager Sophie Smith, Deputy City Manager Jenele Davidson, City Clerk
Jennifer Thompson, City Attorney Andre de Bortnowsky
Invocation: Pastor Jairo Gaziria from Calvary Chapel Victorville
Pledge of Allegiance: Police Lieutenant Marc Bracco
City Clerk Presents Agenda/Revisions to Agenda
Agenda presented with no revisions reported.
Conflict of Interest Declarations
There we no conflicts of interest reported.
Introduction to Public Comments
City Clerk Thompson provided an opening statement regarding public comments.
Public Comments
The following people spoke:
Al Cutillo spoke on general items
Maria Robabaugh spoke on general items
Brendan O’Brien spoke on general items
Roo McMahon spoke on general items
Kareema Abdul Khabir spoke on general items
Cresenciana Rios spoke on general items
PUBLIC HEARING(S)
1. Kern River Interconnect Project
Recommendation:
That the Honorable City Council:
(1) Open and conduct a public hearing, receiving testimony regarding the proposed capital improvement project;
(2) Close the Public Hearing;
(3) Approve the Notice of Exemption and authorize staff to file the notice with the Office of Planning and Research and the County clerk; and (4) Award a construction contract to Arizona Pipeline Company, in the amount of $709,024.79 for Kern River Interconnect Project.
Questions ensued
The Chair opened the Public Hearing
There were no speakers
The Chair closed the Public Hearing
Motion was made to approve staff recommendations for points 3 and 4
Moved: Council Member Jones
Seconded: Council Member Irving
Comments ensued
Motion passed 4-1
Ayes: Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
Noes: Council Member Gomez
2. Old Town Septic to Sewer Conversion Project
Recommendation:
That the Honorable City Council:
(1) Open and conduct a public hearing, receiving testimony regarding the proposed capital improvement project (CIP);
(2) Close the Public Hearing;
(3) Approve the Notice of Exemption and authorize staff to file the notice with the Office of Planning and Research and the County Clerk; and (4) Award a construction contract to Kerns, Inc., in the amount of $724,223 for the Old Town Septic to Sewer Conversion Project.
The Chair opened the Public Hearing
Blanca Gomez spoke in opposition
The Chair closed the Public Hearing
Motion was made to approve staff recommendations for points 3 and 4
Moved: Mayor Pro Tem Harriman
Seconded: Council Member Irving
Motion passed 4-1
Ayes: Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
Noes: Council Member Gomez
CONSENT CALENDAR
3. Reduction of Securities for Tract Map No. 18100
Recommendation:
That the Honorable City Council:
(1) Approve the full release of the Water, Sewer, and Monumentation Faithful Performance Securities for Tract Map No. 18100; and
(2) Approve the full release of the Water and Sewer Labor & Materials Securities for Tract Map No. 18100.
4. Reduction of Securities for Tract Map No. 16828
Recommendation:
That the Honorable City Council approve the full release of the Water and Sewer Faithful Performance and Labor & Materials Securities for Tract Map No. 16828.
5. Reduction of Securities for Tract Map No. 16774
Recommendation:
That t he Honorable City Council approve the full release of the Water, Sewer, and Drainage Faithful Performance Securities for Tract Map No. 16774.
6. Payroll Demand Schedule No. 8A
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 8A for Payroll Period January 19, 2024, through February 2, 2024, in the amount of $1,986,246.37 covering Check Nos. 33864 through 33880, including Vendor checks. Please note employee Check No. 33869 has a live Check and an EFT Advice. Also included are Advice Nos. 309896 through 310425, per adopted budget for Fiscal Year 2023-2024 (period covering July 1, 2023, through June 30, 2024).
7. Commercial Demand Schedule No. 17
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 17 in the amount of $4,325,991.11, covering Electronic Fund Transfers No. 338402 through 338568 and Warrant No. 794503 through 794706 for 03/13/2024 through 03/20/2024, per the adopted budget for Fisc al Year 2023- 2024 for the period covering July 1, 2023 through June 30, 2024.
8. Fire Department Newsletter
Recommendation:
That the Honorable Council review and file the attached Fire Department Newsletter.
9. Minutes of the February 20, March 5, and March 19, 2024, Regular City Council Meetings
Recommendation:
That the Honorable City Council approve the minutes of the Regular City Council Meetings held on February 20, March 5, and March 19, 2024.
Motion was made to approve staff recommendations for Consent Calendar items 3 through 9
Moved: Council Member Jones
Seconded: Council Member Irving
Motion passed 5-0 with Council Member Gomez voting no on item 9
Ayes: Council Member Gomez, Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
WRITTEN COMMUNICATIONS
10. Wellness Center Project Closeout
Recommendation:
That the Honorable City Council approve the following:
(1) Phase 2 Supplemental Work Order No. 12 for the Wellness Center Construction Contract with Angeles Contractor Inc., (ACI) resulting in an increase of $127,940.99;
(2) Phase Supplemental Work Order No. 13 for the Wellness Center Construction Contract with Angeles Contractor Inc., (ACI) resulting in a decrease of $329,281.03;
(3) Phase 2 Supplemental Work Order No. 14 for the Wellness Center Construction Contract with ACI r esulting in an increase not to exceed $552,778.85;
(4) Phase 2 Supplemental Work Order No. 15 for the Wellness Center Construction Contract with ACI resulting in an increase not to exceed $240,510.18;
(5) Phase 2 Supplemental Work Order No. 16 for the Well ness Center Construction Contract with ACI resulting in an increase not to exceed $1,198,712.91;
(6) Amendment No. 2 with CMC Architects resulting in an increase not to exceed $242,170 and to extend the term through June 30, 2024;
(7) Amendment No. 2 with Pacifica Services, Inc., resulting in an increase not to exceed $36,549.11 and to extend the term through April 30, 2024; (8) Amendment No. 2 to the General Services Provider Standard Agreement with Connect Homes resulting in a decrease of $311,211;
(9) Ac cept as complete and approve the Notice of Completion for Wellness Center Phase 1 Construction Contract with ACI and authorize the City Manager to execute the Notice of Completion; and
(10) Accept as complete and approve the Notice of Completion for Wellne ss Center Phase 2 Construction Contract with ACI and authorize the City Manager to execute the Notice of Completion.
Questions ensued
Motion was made to approve staff recommendations
Moved: Mayor Becerra
Seconded: Council Member Irving
Comments ensued
Motion passed 4-1
Ayes: Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
Noes: Council Member Gomez
11. Purchase Agreement By and Between the City of Victorville and Brentwood Mortgage 147, LLC
Recommendation:
That the Honorable City Council:
(1) Approve the Standard Offer, Agreement and Escrow Instructions for the purchase of real estate by and between the City of Victorville and Brentwood Mortgage 147, LLC, for the acquisition of Assess or Parcel Numbers (APNs) 3106-261-15, 3106-261-16, 3106-261-17, and 3106-261-18; (2) Adopt Resolution No. 24- 021 Amending the Annual Budget for Fiscal Year 2023-2024 Approving an Additional Appropriation of the Measure P Fund for the Purchase of Real Property for a Police Station and Civic Plaza; and (3) Authorize the City Manager to execute all transactional related documents to effectuate the acquisition.
Questions ensued
Motion was made to approve staff recommendations
Moved: Council Member Jones
Seconded: Mayor Pro Tem Harriman
Comments ensued
Motion passed 4-1
Ayes: Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
Noes: Council Member Gomez
12. Award of a Standard Construction Agreement for Building 686 Interior Renovations, Project #CC24-061
Recommendation:
That the Southern California Logistics Airport Authority (“SCLAA”) Board of Directors approve the Award of a Standard Construction Agreement to Bob Walters Jr. Construct ion Inc., in the amount not to exceed $385,600 for Building 686 Interior Renovations, Project #CC24-061.
Questions ensued
Motion was made to approve staff recommendation
Moved: Council Member Jones
Seconded: Mayor Pro Tem Harriman
Comments ensued
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
13. Citywide Landscaping Beautification and Upkeep
Recommendation:
Any action is at the discretion of your Honorable City Council
Questions ensued
Motion was made to approve mailing ballots to LMAD property owners 1-4 for a protest vote
Moved: Council Member Jones
Seconded: Mayor Pro Tem Harriman
Comments ensued
Motion passed 4-1
Ayes: Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
Noes: Council Member Gomez
14. Appointment to the Community Services Advisory Committee
Recommendation:
That Your Honorable City Council appoint Alyson Mehrhof to serve on the Community Services Advisory Committee, as recommended by Mayor Becerra.
Question ensued
Motion was made to approve staff recommendation
Moved: Mayor Becerra
Seconded: Council Member Gomez
Comments ensued
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
15. Renaming of the Green Tree Bridge to the Brian Gengler Overpass
Recommendation:
Any action is at the discretion of Your Honorable City Council.
Questions ensued
Motion was made to approve the renaming of Green Tree Bridge to the Brian Gengler Overpass and adding a brass plaque
Moved: Mayor Becerra
Seconded: Mayor Pro Tem Harriman
Comments ensued
Motion passed 4-1
Ayes: Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
Noes: Council Member Gomez
16. Display Case for Awards
Recommendation:
Any action is at the discretion of Your Honorable City Council.
Questions ensued
Motion was made to approve t
he purchase of a display case for City awards to
be placed in the front lobby of Victorville City Hall
Moved: Mayor Pro Tem Harriman
Seconded: Mayor Becerra
Comments ensued
Motion passed 4-1
Ayes: Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
Noes: Council Member Gomez
17. City Manager Reports
City Manager Keith C. Metzler announced Animal Care and Control is hosting animal adoption events at Home Depot on April 6th, 2024, from 9:00 a.m. to 12:00 p.m. and at Costco on April 13 th, 2024, from 10:00 a.m. to 1:00 p.m. He also announced new plans were submitted for a Dutch Bros. on Palmdale Rd and Cantina St.
18. Discussion and Possible Action Regarding Upcoming Agenda Items
Motion was made to agendize an item at the soonest possible meeting for discussion and possible action to request staff to provide an update on the Old Town Specific Plan and the Strategic Plan as it relates specifically to lighting in Old Town.
Moved: Council Member Jones
Seconded: Mayor Becerra
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
19. Reports from Council Members
Council Member Jones reported on her attendance to the V ictor Valley Wastewater Reclamation Authority meeting, as well as a meeting with Senator Wilk to tour the Wellness Center. Council Member Jones reported on giving the invocation at the Victor Valley Rescue Mission event. She also reported on her involvement as a judge at the Quinceanera Expo.
Mayor Pro Tem Harriman expressed his gratitude to the Public Works department.
Council Member Gomez reported on her involvement with the community.
Mayor Becerra reported on her attendance to the Cal Cities Forum in Adelanto.
She also reported CONFire was granted the contract to serve all of San Bernardino County as the new provider for ambulance services.
Adjournment
Mayor Becerra adjourned the meeting at 8:31 p.m.
Attest:
_____________________ _________________________ Elizabeth Becerra, Mayor Jennifer Thompson, City Clerk
Item Number: 13
City Council / Board of Directors
Written Communications
Meeting of: May 7, 2024
Submitted By:
Jenele Davidson, Deputy City Manager
Subject:
Citywide Community Facilities District (CFD) Presentation Recommendation:
This item is for informational purposes only and does not require City Council action.
Fiscal Impact:
There is no fiscal impact at this time. Once the CFD is formed and Special Taxes begin, two separate funds will be created, one for the Citywide CFD – Public Safety and one for the Citywide CFD – Maintenance. Moving forward, future residential and non-residential properties would be required to annex into the Citywide CFD as part of their project conditions.
Strategic Plan Goal:
The City Council adopted the updated Strategic Plan with seven overarching goals to be completed between 2023 and 2026 and various strategies aimed to achieve these goals.
Goal A is Financial Sustainability and Strategy 5 is focused on exploring the potential creation of a Community Facilities District (CFD) or other financing mechanisms for installation, operation and maintenance of various public improvements. This item and presentation are the first step in establishing a CFD to finance operations for public safety and maintenance services. Implementing a Citywide CFD will help alleviate the financial burden on the General Fund by addressing future impacts of new development on public safety and maintenance services.
Background:
The City’s Strategic Plan was last updated in August 2023, outlining goals for the next three years. Among them, Goal A is Financial Sustainability, was carried forward from the 2020 Strategic Plan and intended to ensure fiscal health through disciplined long-term planning, cost control, increased revenues, and cost recovery. As staff continue to evaluate the City’s needs and expense obligations for each of the funds it manages, 3 5
9 5
unique funding mechanisms are analyzed to determine the feasibility of using other financial instruments to accomplish the City's financial goals.
In December 2021, staff began exploring CFDs and the possibility of forming a district within the City to require new development to mitigate the cost associated with the provision of additional municipal services attributable to such development. A CFD falls under the Mello-Roos Community Facilities Act of 1982 (Mello-Roos Act) and is a special tax district formed when a property owner(s) within a geographic area agree to impose a tax to fund infrastructure improvements and/or services.
The Mello-Roos Act authorizes the City to establish a CFD to finance certain public services through the levy of a special tax. The services that can be financed by a CFD under the Mello-Roos Act include the following:
•Police protection services, including, but not limited to, criminal justice (limited to providing services for jails, detention facilities, and juvenile halls). •Fire protection and suppression services, ambulance and paramedic services. •Recreation program services, library services, maintenance services for elementary and secondary school sites and structures, and the operation and maintenance of museums and cultural facilities (these services can be funded only with a registered voter election or a non-residential district). •Maintenance and lighting of parks, parkways, streets, roads, and open spaces. •Flood and storm protection services, including, but not limited to, the operation and maintenance of storm drainage systems, plowing and removal of snow, and sandstorm protection systems.
•Services with respect to removal or remedial action for the cleanup of any hazardous substance released or threatened to be released into the environment. •Maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the local agency or by another local agency (by agreement).
To a degree, this is very comparable to the annexation requests we routinely facilitate on behalf of developers when they choose to self-impose and seek to be a part of maintenance assessment districts such as a Landscape Maintenance Assessment District (LMAD). The tax must have a reasonable relationship to the improvements and/or services the district will fund. With limited experience with CFDs, staff determined it would be best to retain the services of an experienced consulting firm to help better understand the process and evaluate the feasibility of citywide CFD.
After extensive evaluation as part of the procurement process, the City brought on Webb Municipal Finance, LLC in July 2022, to help the City navigate the feasibility of a Citywide CFD, the formation process and annexation process.
Additionally, in August 2022 staff proactively began adding a development condition requiring that, should a Citywide CFD be formed, new developments must annex into the 3 5
9 5
City’s CFD. The written condition included among the conditions of approval for new development reads as follows:
“The proposed development is required to mitigate its ongoing economic impacts that require the provision of additional municipal services. To mitigate ongoing economic impacts created by new development, the City is preparing to form a Community Facilities District (CFD) to fund the ongoing costs of City services permitted by the CFD, including such services as public safety, street/sidewalk maintenance, and other eligible service impacts. Once formed, the City CFD will have established a uniform, standardized City-wide rate structure that will apply to new developments as a condition of development approval. If the City forms said CFD prior to the recordation of a final map or issuance of a building permit for the proposed development, the Developer shall annex the subject site into the CFD or shall establish a funding mechanism to provide an ongoing source of funds for the additional services comparable to the uniform standardized City-wide rate established in the CFD Resolution and associated Financial Impact Analysis report.”
The use of a Citywide CFD for new development only, particularly a CFD maintenance levy, will allow the City to collect a dedicated form of revenue to cover the lifelong economic impacts of such development. The most impactful example used to illustrate lifelong economic impacts may be neighborhood streets. For existing residential tracts, neighborhood streets require maintenance to help maintain a roadway’s life expectancy by conducting maintenance such as crack sealing, slurry seals, or pavement overlays, with the intent that such maintenance efforts can help avoid a more costly reconstruction effort.
Considering the aforementioned neighborhood roadway maintenance effort, the maintenance of the entire roadway system, which includes neighborhood streets is paid for from either Gas Tax or Measure I funds. As our Community grows, and more streets are built, the lifelong maintenance effort for those new roads will cost an amount we believe is exponentially greater than the growth rate for Gas Tax and Measure I funds.
Said differently, the new roads built by new development will have to compete for a finite amount of money generated in Gas Tax/Measure I that must also be spent to maintain the already existing (+/-) 450 miles of roadway found in the City.
Discussion:
Today’s presentation is to bring forward the feasibility of a Citywide Annexable CFD with two components, a maintenance services component and a public safety services component. Through our CFD consultant, Webb Municipal Finance, staff is presenting an alternative funding source for future City services related to:
•Landscaping – Hardscape and Softscape
•Streets/Roads
•Parks
•Drainage – Catch Basins, Under Sidewalk and Box Culverts 3 5
9 5
•Traffic Signals – 25% not included in the Street Lighting Assessment District •Graffiti Abatement
•Public Safety – Police, Fire and Code Enforcement (excluding animal services) The maintenance services and public safety services special taxes would apply to both residential and non-residential properties and the assessment will be collected through the annual property tax collection process. Each development will have a unique assessment based on their development’s design.
Attachment A is an example residential property tax breakdown, based on an average home price of $423,000. With the addition of the two proposed special tax components, combined with the other existing property tax assessments, the annual property tax rate is still under the 2% property effective tax rate cap. It is important to note that, in the case of residential development, annexation into the Citywide CFD would be in lieu of annexation into other existing maintenance assessments districts for landscaping, drainage and park maintenance.
As part of this exercise, Webb Municipal Finance has put together two sample project cost sheets for a residential development with 319 single family homes and for a 66-acre non-residential property. Residential developments are assessed on a per unit basis for single family homes and non-residential developments are assessed based on a per-acre rate. Attachment B highlights the associated costs based on the development design for the aforementioned sample projects.
Our consultant, Webb Municipal Finance, is here to present the analysis that has been conducted, answer any questions the Council may have and receive feedback before finalizing the proposed Citywide CFD.
The next step in establishing the Citywide CFD will be to identify a project/developer to form the annexable CFD, which we expect to bring to the Council for consideration in the coming months.
Staff and the consultant are available for any questions the Council may have.
Attachments: A. Residential Property Tax Assessment Example B. Development CFD Assessment Cost Sheet Examples
ATTACHMENT A
$423,000
$423,000
1.0000% $4,230.00
0.0250% $105.75
0.0480% $203.04
0.1125% $114.37
0.0550% $232.64
City of Victorville
Proposed Public Safety & Maintenance CFD
ETR Table
I. Home Prices and Combined Tax Rates: Average Home
V
alue(1)
Ad-Valorem Tax Rate
Victorville Community College Measure JJ Victor Valley
Union HS Bond
Mojave Water Bond Debt #1(2)
Mojave Water Bond Debt #2
Victor Elementary Bond
0.0544% $230.11
$5, 115.91
$19.46
$525.35
$689.79
$1,234.60
$6,350.51
Subtotal GO Bond Debt 1.2949%
Victorville Citywide SLAD
Proposed Victorville Public Safety CFD Tax(3)
Proposed Victorville Maintenance Tax(3)
Subtotal Special Assessments and Taxes
Total Annual Property Taxes
Annual Prop. Tax Rates as % of Home Price 1.50%
(1) Average Home Value is based on the median sales price per Redfin.com. (2) Mojave Water Bond Debt #1 is assessed at 0.1125% of land assessed value only. (3) New proposed special taxes for public safety and maintenace.
AT
TACHMENT B
319-Unit, Single Family
Residential Development
CFD Cost Sheet
CITY OF VICTORVILLE Draft
CFD No. XXXX-X (Maintenance Services)
Services to be Maintained by CFD
Total Units 319
Gross Acres
Exempt Acres -
Net Acres
Development Type Residential
Development Specific Services
Landscaping - Direct Costs Measure Unit Cost Qty Total Per Unit Landscaping- Hardscape and Softscape SF $1.19 34,810 $41,423.90 $129.86 Total $41,423.90 $129.86
Traffic Signals - Direct Costs Measure Unit Cost Qty Total Per Unit Traffic Signal EA $3,367.00 - $0.00 $0.00
Total $0.00 $0.00
Streets - Direct Costs Measure Unit Cost Qty Total Per Unit Pavement Management SF $0.160 697,751 $111,640.16 $349.97 Total $111,640.16 $349.97
Parks Measure Unit Cost Qty Total Per Unit
Neighborhood Acre $27,000.00 0.50 $13,500.00 $42.32 Total $13,500.00 $42.32
Drainage - Direct Costs Measure Unit Cost Qty Total Per Unit Catch Basin/Under Sidewalk Drains/Box Culverts DU $25.25 319 $8,054.75 $25.25 Total $8,054.75 $25.25
Total Development Specific Services $174,618.81 $547.39 Network Services
Parks Measure Unit Cost Qty Total Per Unit
Park System Maintenance Acre $27,000.00 - $0.00 $0.00 Total $0.00 $0.00
Trails Measure Unit Cost Qty Total Per Unit
Parks LF $4.47 - $0.00 $0.00
Total $0.00 $0.00
Graffiti Measure Unit Cost Qty Total Per Unit
Abatement DU $4.20 319.00 $1,339.80 $4.20
Total $1,339.80 $4.20
Total Network Services $1,339.80 $4.20
Total Costs $175,958.61 $551.59
Administration Expense* $8,797.93 $27.58
Reserve Fund (10%) $17,595.86 $55.16
Contingency (10%) $17,595.86 $55.16
Auditor-Controller Fees $95.70 $0.30
Total Per Unit $220,043.96 $689.79
Grand Total $220,043.96 $689.79
Per Acre $0.00
66-Acre
Commercial Development
CFD Cost Sheet
CITY OF VICTORVILLE Draft
CFD No. XXXX-X (Maintenance Services)
Services to be Maintained by CFD
Total Units
Gross Acres
Exempt Acres -
Net Acres 66.40
Development Type Non-Residential
Development Specific Services
Landscaping - Direct Costs Measure Unit Cost Qty Total Per Unit Landscaping- Hardscape and Softscape SF $1.19 52,000 $61,880.00 $0.00 Total $61,880.00 $0.00
Traffic Signals - Direct Costs Measure Unit Cost Qty Total Per Unit Traffic Signal EA $3,367.00 2.00 $6,734.00 $0.00 Total $6,734.00 $0.00
Streets - Direct Costs Measure Unit Cost Qty Total Per Unit Pavement Management SF $0.160 295,400 $47,264.00 $0.00
Total $47,264.00 $0.00
Parks Measure Unit Cost Qty Total Per Unit
Neighborhood Acre $27,000.00 - $0.00 $0.00
Total $0.00 $0.00
Drainage - Direct Costs Measure Unit Cost Qty Total Per Unit Catch Basin/Under Sidewalk Drains/Box Culverts DU $25.25 - $0.00 $0.00 Total $0.00 $0.00
Total Development Specific Services $115,878.00 $0.00
Network Services
Parks Measure Unit Cost Qty Total Per Unit
Park System Maintenance Acre $27,000.00 - $0.00 $0.00 Total $0.00 $0.00
Trails Measure Unit Cost Qty Total Per Unit
Parks LF $4.47 - $0.00 $0.00
Total $0.00 $0.00
Graffiti Measure Unit Cost Qty Total Per Unit
Abatement DU $4.20 - $0.00 $0.00
Total $0.00 $0.00
Total Network Services $0.00 $0.00
Total Costs $115,878.00 $0.00
Administration Expense* $5,793.90 $0.00
Reserve Fund (10%) $11,587.80 $0.00
Contingency (10%) $11,587.80 $0.00
Auditor-Controller Fees $0.00 $0.00
Total Per Unit $144,847.50 $0.00
Grand Total $144,847.50 $0.00
Per Acre $2,423.82
Item Number: 14
City Council / Board of Directors
Written Communications
Meeting of: May 7, 2024
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Approval of Agreement with David Evans & Associates, Inc. for Professional Services and Data Collection
Recommendation:
That the Honorable City Council:
(1) Approve a Consultant / Professional Services Provider Agreement with David Evans & Associates, Inc., in the amount not to exceed $100,000.00 for performing sewer feasibility studies and general sewer assistance; and
(2) Approve a Purchase Order for data collection in an amount not to exceed $5,600.00 for conducting after project completion counts for the 2019 Safe Routes to Schools project.
Fiscal Impact:
This action will result in fiscal impact of $105,600.00. The projects are funded by the Sewer Fund (425) and Measure I Fund (250). An additional appropriation is not required.
There are sufficient funds available in the budgets to cover the planned expenses. Please refer to the budget account numbers, descriptions, and the available budget amounts shown below:
Account Number Account Description Amount Available
4254500-52300 Sewer Engineering –
Contract Services $109,086.01
2504511-52300 Measure I Engineering –
Contract Services $25,000.00
Sewer feasibility studies are development driven and developers are required to provide a deposit as part of the entitlement process. The total cost of sewer feasibility studies are fully paid for by the developer prior to the site being entitled. Sewer feasibility studies requested by City Staff would be funded from the Sewer Fund. 3 5
6 5
Strategic Plan Goal:
This item aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. Sewer feasibility studies are part of the City’s development process for the installation of new sewer infrastructure by analyzing the demand and confirming the required size of future sewer infrastructure.
Background:
David Evans & Associates, Inc. (DEA) has worked closely with the City since 2014 to complete a variety of tasks related to the City’s sewer collection system. In 2016, DEA completed the sewer master plan for the City. The master plan preparation involved creating the City’s sewer hydraulic model. DEA has maintained and updated the model since then and provided training to Engineering staff on using the hydraulic model.
In 2014, the City issued a Request for Proposals (RFP) for a sewer master plan update to include the development of a sewer system model to be utilized to evaluate future development needs. Four responses were received for that RFP. Following review, Hall & Foreman, a subsidiary to David Evans & Associates (DEA), was found to be the most qualified firm. On November 4, 2014, the City Council approved a Consultant/Professional Services Provider Agreement with Hall & Foreman, to update the Sewer Master Plan and evaluate sewer high maintenance locations in an amount not to exceed $298,194.00.
In October of 2017, the City directly solicited a proposal from DEA for an expansion of services based upon the recent experience with the firm for the preparation of the Sewer Master Plan in accordance with Victorville Municipal Code (VMC) Section 2.28.280(c).
On March 6, 2018, the City Council approved a Consultant/Professional Services Provider Agreement with DEA, in an amount not to exceed $45,900.00, to prepare sewer feasibility studies and to provide on-call sewer engineering services. A sewer feasibility study is required for proposed development projects of a significant size to determine if the existing sewer collection system is adequate, or if sewer mains need to be increased in size, or extended to carry the increased wastewater flows from the development.
On April 28, 2020, the City Council approved another Consultant/Professional Services Provider Agreement with DEA in an amount not to exceed $75,000.00 for the same scope of work.
The agreement with DEA was last amended in 2023 to extend the term of contract by another year, which ended this year on March 4, 2024. Currently, we are extending the contract with DEA on a month-to-month basis due to the ongoing need to prepare sewer feasibility studies until a new contract is established.
For the past ten years DEA has been a very responsive and reliable consultant who can provide the requested professional services, including general sewer planning and engineering assistance on an as-needed basis.
The current ongoing tasks authorized under the existing engineering services contract will be carried over to the new agreement with the City Council’s approval. The consultant 3 5
6 5
has been paid for the services completed to date, and any remaining balance will be carried over to the new agreement.
The following tasks will be carried over to the new agreement:
•Complete sewer feasibility study for the Dog Treat Manufacturing Plant proposed on Hesperia Road, south of Nisqualli Road
•Complete sewer feasibility study for The Court (99-unit condominiums) proposed on the northwest corner of 1st Avenue and Silica Road
As stated in the Fiscal Impact section of this report, sewer feasibility studies are development driven and developers are required to provide a deposit as part of the entitlement process. The total cost of sewer feasibility studies are fully paid for by the developer prior to the site being entitled. Sewer feasibility studies requested by City staff would be funded from the Sewer Fund.
Furthermore, in 2014, DEA provided consulting services to the City for the design of the “City of Victorville Interagency Safe Routes to School Project” (Project). DEA also assisted the City in securing Cycle 1 Active Transportation Program (ATP) funds by conducting “before” traffic counts at each of the 10 school sites to be improved by the Project. ATP guidelines require “before” and “after” traffic counts to be able to evaluate the impact of the improvements being funded by the program. The Project was completed in February 2020; however, “after” traffic counts could not be conducted due to pandemic school closures. After obtaining full grant reimbursement, the City in coordination with Caltrans, submitted a “Completion Report” in compliance with grant guidelines without “after” counts. This year, Caltrans has requested the City conduct the “after” counts and update the completion report accordingly.
Discussion:
The City currently has another Consultant/Professional Services Provider Agreement with DEA for the design of the SCLA 1-million gallon reclaimed water reservoir project for an amount not to exceed $308,480.00. The design agreement for the tank was approved by the City Council on December 7, 2021 and will not expire until January 6, 2026. Work on this design project is ongoing. If approved by the City Council, the cumulative total of the two agreements and purchase order with DEA will be $414,080.00.
VMC Section 2.28.280(c) allows a department head to recommend professional service or consulting contracts with qualified consultants on file with the City through an informal process if approved by the City Manager. The City Engineer requested permission of the City Manager to continue services with DEA based upon their past performance. The City Manager approved the request for a continuance of their services. DEA has provided sewer feasibility study services as discussed in the background portion of this staff report since 2018. They have performed the services requested of them very well. They have demonstrated their professional qualifications and competence in providing requested professional services and have created, maintained, and updated the City’s sewer hydraulic model since 2016.
3 5
6 5
Engineering staff requested and received a proposal for the continuation of their services.
Engineering and Purchasing staff have carefully reviewed the proposal and concurred that their hourly rates are reasonable and in accordance with current rates for similar engineering services.
Engineering staff is recommending the approval of a new agreement with a one (1) year term with an option to extend it by four (4) additional one-year periods. The estimated amount of the contract is $100,000.00 based on actual costs over the last two years. The services will be used only on an as-needed basis when a sewer feasibility study is required.
Furthermore, due to DEA’s familiarity with the counts conducted in 2014 for the Safe Routes To School project completed in 2020, Engineering staff reached out to DEA and obtained a proposal, dated March 18, 2024, to conduct after project counts. The counts are required to be conducted in accordance with the ATP Interim Count Guidelines for the completed project. Engineering staff is recommending the issuance of a purchase order in an amount to exceed $5,600.00 to perform the counts and provide the data to report to Caltrans.
Staff recommends that the City Council approve a Consultant/Professional Services Provider Agreement with David Evans & Associates, Inc., in an amount not to exceed $100,000.00, for sewer feasibility studies and sewer engineering services and issue a purchase order for data collection in an amount not to exceed $5,600.00.
Staff remains available for any questions Council may have.
Attachments: A. Consultant/Professional Services Provider Agreement B. SRTS Counts Proposal
ATTACHMENT A
1 Consultant/Professional Services Provider Agreement/David Evans & Associates, Inc./Project ESC24- 080
CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT
BY AND BETWEEN
THE CITY OF VICTORVILLE
AND
DAVID EVANS & ASSOCIATES, INC.
FOR
ON-CALL SEWER ENGINEERING SERVICES,
PROJECT ESC24-080
THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), dated this __________________ day of ______________, 20___, for reference purpose only, is made and entered into by and between THE CITY OF VICTORVILLE, a municipal corporation located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, and David Evans & Associates, a State of Oregon corporation, hereinafter referred to as “Consultant.” City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.”
RECITALS:
WHEREAS, the City requires Consultant/Professional Services Provider Agreement for On-Call Sewer Engineering Services; and
WHEREAS, Consultant represents that it is fully qualified to perform the consulting and/or 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, 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 Sewer Engineering Services; and
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein.
Section 2. SCOPE OF SERVICES
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.
2 Consultant/Professional Services Provider Agreement/David Evans & Associates, Inc./Project ESC24- 080
Section 3. COMPENSATION
The City s
hall pay to Consultant a sum not to exceed One Hundred Thousand and 00/100 Dollars ($100,000.00) for faithful performance of the services to be rendered under this Agreement, subject to the Proposal provisions of Section 4, below. 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 “ A”, below; (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. In addition, any and all reimbursements shall be made in accordance with any City policy governing same.
Section 4. COST PROPOSAL
The City s
hall pay Consultant as provided in the Cost Proposal, attached hereto as Exhibit “A” and incorporated as part of this Agreement by this reference. The provisions of Exhibit “ A” notwithstanding, in order to receive payments, Consultant shall be required to submit to the City detailed monthly invoices which include, if applicable, 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. Provided that services have been satisfactorily rendered, invoices shall be paid by the City approximately thirty (30) working days following receipt of Consultant’s invoice.
Se ction 5 . RESERVED
Section 6. TERM OF AGREEMENT
This Agreement shall be for an Initial Term of One (1) year, commencing on the date of full execution of the Agreement (the “Commencement Date”) and expiring on One (1) years from the Commencement Date (the “Termination Date”) (the “Term”), unless terminated earlier pursuant to Section 21 of this Agreement. From and after the Termination Date, and upon subsequent Agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 21 below.
This Agreement may be extended for Four (4) additional one-y ear periods (hereinafter “Option Periods”), at the option of the City, subject to satisfactory performance as determined by the City. The 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 Cons ultant 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
It is
the express intention of the Parties that Consultant is an independent contractor and not an employee, agent, joint venture, or partner of the City. Nothing in this Agreement shall be 3 Consultant/Professional Services Provider Agreement/David Evans & Associates, Inc./Project ESC24- 080
interpreted or construed as creating or establishing the relationship of employer and employee between the City a nd Consultant or any employee or agent of Consultant . Both P arties acknowledge that Consultant is not an employee for state or federal tax purposes or any other purpose. Consultant shall retain the right to perform services for others during the term of this Agreement.
Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS OF
CONSULTANT
a. C
onsultant represents and acknowledges the following:
(
1) The City is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. (
3) The services described in this Agreement can be performed without the use of City equipment, materials, tools, or facilities, unless otherwise provided under a separate Agreement.
(
4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.
(
5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other such compensation to any person employed by Consultant to perform the services described in this Agreement. (
6) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City. b. The Cit
y represents and acknowledges the following:
(
1) Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement. (
2) The City will not hire, supervise, or pay any employees or assistants working for Consultant pursuant to this Agreement. Nothing contained in this Agreement shall prevent the City from hiring Consultant’s employees or assistants after termination of this Agreement.
(3) Nothing in this Agreement shall be interpreted to imply that Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(
4) It is the sole responsibility of Consultant to set the hours in whic h C
onsultant performs or plans to perform the services set forth in this Agreement. (
5) Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement. 4 Consultant/Professional Services Provider Agreement/David Evans & Associates, Inc./Project ESC24- 080
(6) Unless deemed necessary under certain circumstances, Consultant is not required to perform the services set forth in this Agreement at City Hall or on City -owned property.
(7) Other than attendance at required public meetings and public hearings, and complying with the provisions of the Proposal set forth in Exhibit A and any procedural requirements set forth by law, Consultant is not required to perform the services set forth in this Agreement in any particular order or sequence.
(
8) Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.
Section 9. 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 10. LICENSES AND PERMITS
C
onsultant represents that it has obtained and will maintain at all times during the Initial Term ( and during the Option Period, if applicable) of this Agreement 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; WARRANTY
a. C
onsultant 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 Fredy A. Bonilla, PE, City Engineer, or his designee. b. B
y 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 b e pr
ovided;
(
3) Has carefully considered how the services and related work should be performed; and
(4) Ful
ly understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement. 5 Consultant/Professional Services Provider Agreement/David Evans & Associates, Inc./Project ESC24- 080
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 Fredy A. Bonilla, PE, City Engineer, or his designee.
Section 13. CONFLICTS OF INTEREST
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. 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. 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. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.
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.
Section 15. C OMMERCIAL GENERAL AND AUTOMOBILE LIABILITY
INSURANCE
a. Consultant shall procure and maintain at its own expense, during the I nitial Term of this Agreement (and during the Option Period, if applicable) , Commercial G eneral Liability Insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the
acts or omissions of the Consultant or its offi cers, employees, servants, volunteers, and agents and independent contractors.
b. Consultant shall further procure and maintain, at its own expense, during the Initial Term of this Agreement, (and during the Option Period, if applicable), 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, servants, volunteers, agents and independent contractors in performing the services required by this Agreement.
Section 16. WORKERS' COMPENSATION INSURANCE
a. Consultant shall procure and maintain at its own expense, during the I nitial Term of this Agreement ( and during the Option Period, if applicable), W orkers' Compensation Insurance, providing coverage as required by the California State Workers' Compensation Law.
b. If any class of employees employed by the Consultant pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Consultant 6 Consultant/Professional Services Provider Agreement/David Evans & Associates, Inc./Project ESC24- 080
shall provide adequate insurance for the protection of such employees to the satisfaction of the City.
Section 17. PROFESSIONAL LIABILITY INSURANCE
a. Professional Liability Insurance or Errors and Omissions insurance as appropriate to Consultant’s profession shall be required and 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 $1,000,000 per claim and in the aggregate must be provided.
Section 18. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation and Professional Liability, shall be endorsed to name the City and its officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.
Section 19. WAIVER OF SUBROGATION RIGHTS
Consultant shall require the carriers of all required insurance policies, with exception to Professional Liability, to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, and independent contractors and subcontractors.
Each policy of insurance shall be endorsed to reflect such waiver.
Section 20. PROOF OF INSURANCE COVERAGE; REQUIRED
ENDORSEMENTS
a. Consultant shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Agreement and furnish to the City Clerk certificates of insurance evidencing the required coverage, and policy endorsements at least one (1) business day prior to the commencement of any services to be performed under this Agreement.
b. The policies and certificates of insurance shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non -payment, ten (10) days advance written notice shall be given.
c. Each policy and certificate of insurance shall be endorsed to provide that the policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.
d. Each policy and certificate of insurance shall be endorsed to provide that the policy will be maintained throughout the Initial Term (and during the Option Period, if applicable), of this Agreement.
e. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this contract, the C onsultant’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 7 Consultant/Professional Services Provider Agreement/David Evans & Associates, Inc./Project ESC24- 080
20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant ’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.”
Section 21. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the Cit y 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 accordan ce 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.
8 Consultant/Professional Services Provider Agreement/David Evans & Associates, Inc./Project ESC24- 080
(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 tha t 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.
Section 24. REPORTS
Upon request by Fredy A. Bonilla, PE, City Engineer, or his designee 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 25. RECORDS
a. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Fredy A. Bonilla, PE, City Engineer, or his designee, to evaluate the cost and the performance of such services.
b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
c. Fredy A. Bonilla, PE, City Engineer, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to Fredy A. Bonilla, PE, City Engineer, or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.
Section 26. RESERVED
Section 27. CONFIDENTIALITY; 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 of the Agreement.
9 Consultant/Professional Services Provider Agreement/David Evans & Associates, Inc./Project ESC24- 080
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 Fredy A. Bonilla, PE, City Engineer, or his designee, 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 Fredy A. Bonilla, PE, City Engineer, or his designee, 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 Fredy A. Bonilla, PE, City Engineer, or his designee. Such materials may be used, reused or otherwise disposed of by the City without the permission of Consultant.
e. Consultant’s covenants under this Section 27 shall survive the termination of this Agreement.
Section 28. PRINCIPAL REPRESENTATIVES
a. Robert Ki lpatrick, P .E., T.E., Senior Project Manager , 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, P .E., City Engineer, or his designee 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.
c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.
Section 29. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES
a. This Agreement may be modified or amended only by a written instrument signed by both Parties.
b. During the I nitial Term, 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 On-Call Sewer Engineering Services , 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 30. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous Agreement s, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
10 Consultant/Professional Services Provider Agreement/David Evans & Associates, Inc./Project ESC24- 080
b. This Agreement contains all of the covenants and Agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or Agreements have been made by or on behalf of any Party, except those covenants and Agreements in this Agreement.
c. No Agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.
Section 31. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.
Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Notwithstanding the foregoing, the Parties agree that Exhibit “A” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Consultant/Professional Services Standard Provider Agreement and Exhibit “A” the terms of this Consultant/Professional Services Standard Provider Agreement shall control and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this Consultant/Professional Services Standard Provider Agreement.
Section 32. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To the City: Fredy A. Bonilla, P.E., City Engineer
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Consultant: Robert Kirkpatrick, P.E., T.E,
Senior Project Manager,
David Evans & Associates, Inc.
14297 Cajon Avenue, Suite 101
Victorville, CA 92392
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.
11 Consultant/Professional Services Provider Agreement/David Evans & Associates, Inc./Project ESC24- 080
Section 33. 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 34. REVIEW BY ATTORNEYS
Each Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.
Section 35. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver consti tute a continuing or subsequent waiver of the same provision.
c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.
Section 36. ASSIGNMENT
This Agreement shall not be assigned by either Party without prior written consent of the other Party.
Section 37. CARE OF WORK
The performance of services by 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.
Section 38. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 39. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. 12 Consultant/Professional Services Provider Agreement/David Evans & Associates, Inc./Project ESC24- 080
Section 40. GENDER
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 41. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 42. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 43. DEFAULT
a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder.
b. The Party claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein.
c. Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.
Section 44. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
13 Consultant/Professional Services Provider Agreement/David Evans & Associates, Inc./Project ESC24- 080
Section 45. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 46. ATTORNEYS’ FEES
In the event any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement, or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
Section 47. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Consultant , approved by the City ’s Risk Manager, and executed by the authorized City personnel or Mayor.
Section 48. REPRESENTATIONS OF PARTIES AND PERSONS
EXECUTING AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 49. COUNTERPARTS
This Agreement may be executed by the P arties 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)
14 Consultant/Professional Services Provider Agreement/David Evans & Associates, Inc./Project ESC24- 080
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
THE CITY OF VICTORVILLE DAVID EVANS & ASSOCIATES, INC.
By:______________________________ By:_____________________________ Elizabeth Becerra, Robert Kilpatrick, P.E., T.E.,
Mayor Senior Project Manager
Dated: ___________________________ Dated:__________________________
ATTEST
By:______________________________
Jennifer Thompson,
City Clerk
Dated:___________________________
THE CITY OF VICTORVILLE
By: _______________________________
Sandra Bostick,
Risk Manager
Dated:______________________________
APPROVED AS TO STANDARD FORM:
By: ____________________________
Andre de Bortnowsky,
City Attorney
Dated:__________________________
15 Consultant/Professional Services Provider Agreement/David Evans & Associates, Inc./Project ESC24- 080
EXHIBIT A
SCOPE OF SERVICES/COST PROPOSAL
18484 Outer Highway 18 North Suite 225 Apple Valley California 92307 Telephone: 760.524.9100 Facsimile: 760.524.9101 February 20, 2024
Mr. Victor J. Fajardo, Senior Civil Engineer
Mr. Dennis Lee, Assistant Engineer II
City of Victorville
14434 Civic Drive
Victorville, CA 92392
Re: Proposal to Provide Professional Engineering Services On-Call Sewer Engineering Services for the City of Victorville, California Dear Mr. Fajardo and Mr. Lee:
David Evans and Associates, Inc. (DEA) is pleased to present this proposal to provide on-call Sewer Engineering Services to the City of Victorville. It is our understanding that the City desires a three-year on-call services contract with a qualified engineering firm that specializes in water resources, to perform sewer feasibility studies as-needed, and provide general sewer planning assistance on an ongoing and as- requested basis.
DEA is thoroughly familiar with the content of the 2016 Sewer Master Plan (SMP), the recommendations given therein, and any improvements made to the system since completion of the SMP, and to operate the Sewer Model (InfoSewer).
Attached is an outline of our Qualifications, a detailed work plan, and engineering fees for our services.
Should you have any questions, please do not hesitate to contact me at [email protected] or (425) 586-9751 or Robert Kilpatrick at [email protected] or (760) 524-9115.
Sincerely,
David Evans and Associates, Inc.
Rodney Langer, PE
Project Manager
EXHIBIT A, SCOPE OF SERVICES/COST PROPOSAL, PROJECT ESC24-080 16/Consultant/Professional Services Provider Agreement/David Evans & Associates, Inc./Project ESC24-080
SECTION 1: STAFF QUALIFICATIONS
The following is an outline of the primary DEA staff that will perform the services to the City of Victorville for the requested work. Additional staff positions will be provided as needed for a specific task order.
1. RODNEY LANGER, PE – PROJECT MANAGER
Rodney has 35 years of experience in planning, design, and construction observation of water and wastewater system facilities. He has extensive successful experience in all components of municipal water and sewer systems, including completion of comprehensive and facility plans, storage facilities, transmission/distribution mains, pump and lift stations, and collector and interceptor systems. Areas of significant experience are comprehensive system planning and wastewater pump and lift stations. Rodney is very capable in the management and preparation of feasibility studies, engineering reports, cost estimates, plans and specifications.
2. ZACK WORLEY, PE – PROJECT ENGINEER
Zack is a civil engineer with 11 years of experience in all phases of civil engineering and utility operations. His extensive water and wastewater experience includes planning, funding, budgeting, contract document preparation, services during construction, operations and operations management, and inspection. Zack incorporates sustainability and environment-friendly alternatives while keeping a keen sensitivity to budget.
3. RYAN WILLIAMS, EIT – STAFF ENGINEER
Ryan has 10 years of focused experience in hydraulic modeling of sewer and water infrastructure systems. He is extremely skilled in utilizing various modeling software including InfoSewer. His skill set has been instrumental in the development of numerous planning level documents including feasibility studies and master planned development studies. He is also skilled in developing infrastructure (pipeline) improvement plans for approval through multiple agencies.
EXHIBIT A, SCOPE OF SERVICES/COST PROPOSAL, PROJECT ESC24-080 17/Consultant/Professional Services Provider Agreement/David Evans & Associates, Inc./Project ESC24-080
SECTION 2: WORK PLAN
DEA understands the importance of this contract for the City of Victorville (City). We have a clear understanding of the processes needed to prepare and process successful applications for approval. This is reflected in our approach to the work process presented.
Below is a general approach outlining the framework by which DEA will approach this project. ◼ Listen and understand the specifics of each project. As each project is proposed, DEA will meet with the City staff and other stakeholders, listen to the goals, scope and schedule of the project and from that input DEA would prepare a detailed project approach for the successful preparation of the applications for the selected projects. ◼ Work closely with the City staff. DEA will function as an extension of the City staff. DEA will keep the City informed of the status and progress of the project through meetings and electronic communications.
◼ Maintain Team coordination. DEA will emphasize close team coordination by the exchange of ideas and information through meetings, telephone, e-mails and memos will keep the channels of communication open and contribute to a successful project. ◼ Utilize QA/QC Procedures. DEA has procedures that are utilized for the Quality Assurance and Quality Control of design projects prior to submittal for reviews or approvals. These procedures include in-house reviews to determine that the appropriate design methodology is being utilized at the beginning and throughout the project.
◼ Keep the project on schedule. DEA will stay on schedule through the use of meetings at regular intervals and will recommend or take corrective action to identify delays and define a resolution for the delay. Correcting delays may require incorporating and augmenting staff and/or modifying scope and utility design, and/or utilizing design-build options to bring the project back on schedule.
Scope of Work
DEA will provide engineering services as-needed, including, but not limed to, the following tasks:
Task 1: Operate and Maintain the Sewer Model
As requested, DEA will review operations and field data provided by the City, and identify and correct apparent network anomalies. Identify discrepancies between field conditions (such as pipe material and condition) and model results and evaluate appropriate fixes and provide summary memorandum of the reconciliation and calibration process. Provide information to Operations for troubleshooting the system in the field, when necessary. As requested, DEA will notify the City when the model needs to be updated or corrected, and provide the city with a cost proposal for the specific work to be done.
Task 2: Prepare Sewer Feasibility Studies
In certain cases of proposed residential and commercial developments, the City will solicit a specific time and cost proposal from DEA to perform feasibility studies to confirm that the existing sewer system is adequate to serve the demand of the proposed development and to determine any necessary and or recommended upgrades to the system, and areas of concern. The work in the preparation of the feasibility studies includes the following;
2.1 - Develop Sewer Demand Estimate
Based on land use information, sewer demand factors and/or sewer demand assumptions stated in the Sewer Master Plan, as appropriate, DEA will prepare an estimate of the sewer demands for the subject development.
EXHIBIT A, SCOPE OF SERVICES/COST PROPOSAL, PROJECT ESC24-080 18/Consultant/Professional Services Provider Agreement/David Evans & Associates, Inc./Project ESC24-080
2.2 - Perform Hydraulic Analysis
Utilizing the City’s sewer model and the demands developed in Task 2.1; DEA will perform hydraulic analysis for the proposed development.
2.3 - Prepare Feasibility Study Report
DEA will prepare a Feasibility Study Report documenting the results of Tasks 2.1 and 2.2 and submit DRAFT report to the City in PDF. DEA will incorporate comments from the City and submit a final Feasibility Study Report in PDF. The final report will be stamped by a Registered Civil Engineer in the State of California.
Task 3: Perform Other Sewer Engineering Duties as Requested As requested, DEA will perform other specialized sewer engineering services as requested by the City (including sewer design analysis and consultation) and mutually agreeable to both parties. The City will solicit a specific time and cost proposal from the consultant as needed.
Task 4: Staff training
As requested, DEA will provide training to City staff on the usage of InfoSewer modeling software, to assist in the review of the sewer studies. The City can provide the training location and facility. The consultant shall provide any support materials. The City will solicit a specific time and cost proposal from the consultant as needed.
EXHIBIT A, SCOPE OF SERVICES/COST PROPOSAL, PROJECT ESC24-080 19/Consultant/Professional Services Provider Agreement/David Evans & Associates, Inc./Project ESC24-080
5 SECTION 3: COST PROPOSAL
The following represents the hourly billing rates, broken down by staff description for engineering and support services, for all classifications of positions potentially used on a given task order assignment.
Task specific time and cost proposals will be provided upon request from the City Engineer, as work is needed.
Schedule of Hourly Billing Rates
Rates Effective through March 30, 2025*
Office Staff:
Project Manager $270.00
Professional Engineer $225.00
Civil Designer $160.00
Project Assistant $125.00
Reimbursable Expenses:
Client shall pay the costs, for any applicable governmental fees, title company charges, subconsultant fees, outside vendor reproduction costs, in -house reproduction costs, and delivery or messenger services incurred on Client’s behalf.
*rates subject to annual increase
EXHIBIT A, SCOPE OF SERVICES/COST PROPOSAL, PROJECT ESC24-080 20/Consultant/Professional Services Provider Agreement/David Evans & Associates, Inc./Project ESC24-080
ATTACHMENT B
18484 Outer Highway 18 North, Apple Valley, CA 92308
March 18, 2024
Mr. Fredy Bonilla
Assistant City Engineer
City of Victorville
14343 Civic Drive
Victorville, CA 92308
Re: Proposal to Provide Traffic Engineering Services
Safe Route to School ATP Project – Traffic Counts
City of Victorville
Dear Mr. Bonilla:
David Evans and Associates, Inc. (DEA) is pleased to present this letter proposal to conduct “after” pedestrian and bicycle counts at the ten school sites included in the Cycle 1 ATP SRTS project in the City of Victorville and Adelanto. As required for the close-out of the ATP project, the City of Victorville is requesting conducting of the after counts. Work for the project includes the preparation of a letter report that will present the before and after traffic counts.
DEA has assigned Jim Daisa, TE as the Project Manager who will provide overall project management, supervision of the project team, and administrative control. Jim has over 40 years of transportation planning experience.
Assisting Jim in this project will be Rob Kilpatrick, PE/TE. Both Jim and Rob have extensive traffic engineering and transportation planning experience. Jim’s management approach will incorporate the skills he has learned on managing numerous large projects with multiple disciplines and team members.
Attached is a detailed scope of services and engineering fees for the preparation of the traffic counts and letter report. If the scope and fee are acceptable, they can be used as an attachment to the City’s standard agreement that DEA has used in the past with the City.
We look forward to the opportunity to work with you on this project. Should you have any questions, please do not hesitate to contact me at [email protected] or (760) 524-9115.
Sincerely,
David Evans and Associates, Inc.
Robert A. Kilpatrick, P.E., T.E.
Senior Project Manager / Senior Associate
March 18, 2024
City of Victorville
SRTS Project Counts
David Evans and Associates, Inc. Page | 1
SECTION 1: SCOPE OF WORK
Task 1 – Project Management/Meetings
This task includes technical and administrative management of the traffic study and participation in internal and external meetings (via phone or Zoom) and/or communication with the project team and/or City of Victorville staff as needed. This task is proposed with a maximum of eight (8) of Project Manager time. If workhours expended approaches said limit Client shall be notified and mutual agreement shall be reached for additional services.
Task 2 – Traffic Counts
DEA will, with the assistance of Newport Traffic Studies, will conduct pedestrian and bicycle counts at the following school sites:
1. Puesta Del Sol Elementary School
2. Mojave Vista Elementary School
3. Village Elementary School
4. Liberty Elementary School
5. Eagle Ranch Elementary School
6. Mesa Linda Middle School
7. Morgan Kincaid Elementary School
8. Adelanto Elementary School
9. Westside Elementary School
10. Columbia Middle School
1. Task 3 – Traffic Count Summary Report
DEA will prepare a traffic study report presenting the before and after counts. The report will include the findings of counts and the necessary exhibits and figures. Work included in this task is the submittal of the draft traffic study report to the City for review, integrating responses to one round of City comments on the draft, and preparing and submitting the final traffic study report to the City.
SECTION 2: ENGINEERING FEES
The following is an outline of the Engineering Fees for the above outlined scope of work. The Fee Breakdown by task, workhours, and hourly rates is attached to this proposal.
Task 1 – Project Management/Meetings $1,600.00 Task 2 – Traffic Counts $1,200.00
Task 3 – Traffic Count Summary Report $2,800.00
Total Fee $5,600.00
Any formal presentations, attendance at public hearings, responses to comments, etc., will be performed as extra work (if authorized by the City) on a time and materials basis using our current standard rate schedule.
Item Number: 15
City Council / Board of Directors
Written Communications
Meeting of: May 7, 2024
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Establish a Four-Way Stop Control for the Intersection of Bear Valley Road and Monte Vista Road
Recommendation:
That the Honorable City Council adopt Resolution No. 24-031, establishing a four-way stop control for the intersection of Bear Valley Road and Monte Vista Road.
Fiscal Impact:
There will be no fiscal impact resulting from the recommended action.
Strategic Plan Goal:
This item aligns with “Goal B – Public Safety” in the City of Victorville Strategic Plan 2023- 2026. Establishing a four-way stop controlled intersection at Bear Valley Road and Monte Vista Road aims to enhance public safety that supports a thriving and growing community.
Background:
Stop signs are a stop control device installed to notify motorists they must come to a complete stop to make sure an intersection is safely clear of other vehicular traffic or pedestrians before passing through the intersection of two or more roads. A multi-way stop control such as a 4-way stop sign is a useful safety measure at intersections when certain traffic conditions exist. In the California Manual on Uniform Traffic Control Devices (CA MUTCD) Section 2B.07 Multi-Way Stop Applications, a warrant methodology is outlined based upon the use of an engineering study to justify the installation of a multi- way stop.
Condition A of the CA MUTCD guidance justifies installation of a multi-way stop control as an interim measure where arrangements are being made for construction of a traffic signal. Condition B of the guidance further justifies the installation of a multi-way stop control if crashes exceed a specified amount in a short-term period and are considered 3 5
9 9
correctable through the installation of a multi-way stop control. Condition C lists a threshold where vehicle traffic from each road exceeds specific minimum volumes per hour over an eight-hour period. Lastly, Condition D specifies that where no single criterion of A, B, and C are satisfied, but where the crash experience warrant and minimum values warrant are met to 80 percent of the minimum values, a multi-way stop is justified. Any one of the four warrants must be satisfied to justify the installation of multi-way stop control devices.
The California Vehicle Code Section 21352 and 21355, allows local authorities to erect and maintain any stop sign when determined necessary for the public safety and the orderly and efficient use of the roadway by the public.
The Right-of-Way at the intersection of Bear Valley Road and Monte Vista Road is split between the City of Victorville (City) on the east side and the County of San Bernardino (County) on the west side. Furthermore, Bear Valley Road is designated as Duncan Road on the County’s side. Therefore, coordination with the County Department of Public Works will be required for the installation of a four-way stop control.
Discussion:
Engineering staff conducted a study for a Multi-Way Stop control at the intersection of Bear Valley Road and Monte Vista Road. Engineering staff determined that a multi-way stop control was warranted under Section 2B.07 Multi-Way Stop Applications Condition C. Engineering Staff also conducted a Traffic Signal Warrant study and determined that the installation of a traffic signal is justified under Warrant 1 per CA MUTCD Section 4C.01. Therefore, the installation of multi-way stop control is further warranted under Condition A of the Multi-way Stop Control Warrants as an interim measure for the construction of a traffic signal subject to future funding availability.
Engineering staff contacted the County to propose the installation of a multi-way stop control at the intersection of Bear Valley Road and Monte Vista Road. The County has agreed to install a multi-way stop control in their right-of-way upon approval of a resolution to establish a four-way stop at the intersection of Bear Valley Road and Monte Vista Road.
Pursuant to Section 12.40.010 and 12.40.030 of the Victorville Municipal Code, staff recommends that the City Council adopt Resolution No. 24-031 to establish a four-way stop control at the intersection of Bear Valley Road and Monte Vista Road.
Staff is available for any questions the Council may have.
Attachments: A. Resolution No. 24-031
B. Vicinity Map
ATTACHMENT A
RESOLUTION NO. 24-031
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING
TRAFFIC REGULATIONS OF CERTAIN STREETS WITHIN THE CITY BY
ESTABLISHING A FOUR-WAY STOP AT THE INTERSECTION OF BEAR VALLEY
ROAD AND MONTE VISTA ROAD
THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
Section 1: Pursuant to Sections 12.40.010 of the Victorville Municipal Code, the following intersection is designated as a four-way stop controlled intersection:
INTERSECTION APPROACHES
Bear Valley Road (City of Victorville) East
Monte Vista Road (City of Victorville) South
Duncan Road (County of San Bernardino) West
Monte Vista (County of San Bernardino) North
Section 2: Pursuant to Section 12.40.030 of the Victorville Municipal Code, the Superintendent of Streets is hereby authorized and directed to erect signs and install markings as required.
Section 3: All resolutions or parts thereof heretofore passed which are in conflict with the provisions of this Resolution are hereby rescinded.
ATTACHMENT B
Item Number: 16
City Council / Board of Directors
WRITTEN COMMUNICATION(s)
Meeting of: May 7, 2024
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Bear Valley Road Overhead at BNSF Railroad Project Closeout Recommendation:
That the Honorable City Council take the following actions related to the Bear Valley Road Overhead at BNSF Railroad Project (BVOH):
(1) Adopt Resolution No. 24-032 to amend the Fiscal Year 2023/24 budget to reflect an additional appropriation of $828,722.24 from Fund 352 and additional expenses in the amount of $828,722.24 from Fund 352;
(2) Approve Contract Change Order Nos. 2, 3, & 4 to Riverside Construction Company, Inc. in the amount not to exceed of $678,722.24; and
(3) Approve Amendment No. 2 to the Consultant / Professional Services Provider Agreement for construction management services with Parsons Transportation Group, Inc., in an amount not to exceed $150,000.00.
Fiscal Impact:
The recommended actions require an additional appropriation of $828,722.24 from Fund 352, Road Development Impact Fees (DIF), and will result in an expense of the same amount from account 3524500-55315-60014. Resolution No. 24-032 (Attachment A) has been prepared to amend the FY 2023/2024 budget accordingly. The estimated available cash balance in Fund 352 is shown in Table 1 below.
Table 1
Account Fund Available Cash
Balance
352 $6,218,198
3 6
0 3
Strategic Plan Goal:
This project aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026 by increasing the level of service to motorists and pedestrians crossing the BNSF railroad that use the Bear Valley Road Bridge.
Background:
The Bear Valley Road Overhead at BNSF Railroad project widened both sides of the bridge on Bear Valley Road over the BNSF Railroad to provide standard lane widths and shoulders, and to accommodate a double east-bound left turn lane from Bear Valley Road to Ridgecrest Road. A right turn lane from westbound Bear Valley Road to Ridgecrest Road has also been constructed. The road approaches to the bridge have also been widened from Industrial Boulevard to east of Ridgecrest Road. The traffic signal poles at both intersections have been replaced to accommodate the widened road. The project also included sidewalk and adequate width for future bike lanes to cross over the bridge.
Please refer to Attachment B, a map and aerial view of the Project.
On November 7, 2017, the City Council approved an Overpass Agreement with BNSF Railway Co. (BNSF). Through this agreement, BNSF permitted the construction to widen the bridge and granted easements to the City. The agreement requires that the City compensate for any tasks performed by BNSF related to construction in the BNSF right of way or affecting the railroad traffic.
On June 18, 2019, the City Council approved a Project Funding Agreement with the San Bernardino County Transportation Authority (SBCTA). On July 24, 2020, Federal Highway Bridge Program (HBP) grant funds were authorized by Caltrans Local Assistance and the Federal Highway Administration (FHWA) for construction in the amount of $5,540,111.68.
On December 15, 2020, the City Council amended a Consultant / Professional Services Provider Agreement with Dokken Engineering for design support during construction for a total amount not to exceed of $246,875. Furthermore, the City Council approved a budget amendment per Resolution 20-110 to appropriate and expense $139,448 of Road DIF funds for this service.
On May 18, 2021, the City Council approved Amendment No. 1 to the Project Funding Agreement with SBCTA, which increased both the City and SBCTA funding commitments to the project based on a higher construction cost estimate.
Also, on May 18, 2021, the City Council approved a Consultant / Professional Services Agreement with Parsons Transportation Group, Inc., for the Bear Valley Road Overhead at BNSF Railroad Project construction management in an amount not to exceed of $1,613,726.04.
On June 15, 2021, the City Council approved Fiscal Year (FY) 2021/22 Budget including the appropriation and expenditure of $5,540,112 of Federal Highway Improvement 3 6
0 3
Program (HIP) grant fund, $2,284,803 Federal HPB funds, and $1,500,000 of Road DIF funds for the project.
On September 7, 2021, the City Council awarded a construction contract to Riverside Construction Company (Riverside) in the amount not to exceed of $9,818,512.60.
Construction for this project was expected to be completed in August of 2023, barring unforeseen delays.
On June 21, 2022, the City Council approved FY 2022/23 Budget including the appropriation and expenditure of $2,408,173 of Road DIF funds for the project.
On June 27, 2022, the Federal Highway Improvement Program (HIP) grant funds were authorized by Caltrans Local Assistance and FHWA in the amount of $2,117,110.08.
These funds were programmed in accordance with the agreement between the City and SBCTA.
On June 20, 2023, a budget amendment including the revenue and expense of $1,768,829 of Federal Bridge NHPP grant funds authorized by Caltrans Local Assistance was approved by the City Council. Additionally, Contract Change Order No. 1 authorizing payment to the contractor in the amount of $1,501,900 for project overruns caused by BNSF monitoring, inspection and delays was approved.
On October 17, 2023, Amendment No. 1 to the Consultant / Professional Services Provider Agreement with Parsons Transportation Group (Parsons) in the amount of $260,000 was approved by the City Council due to project construction overruns and delays.
Discussion:
The BVOH Project was substantially completed in January 2024, after all construction related activities were finalized. Subsequently, Riverside submitted a Time Impact Analysis with a request for additional compensation to the consultant construction management firm representing the City, Parsons. The total compensation requested was in the amount of $1,340,000 to close out the project. Parsons reviewed the request and concluded what reasonable costs incurred by the contractor were compensable and fair to both parties. Riverside Construction agreed to a final payment of $778,621.72. The amount of $99,899.48 remains available from the previous contract change order that was authorized by the City Council on June 20, 2023, therefore, the total amount required to close the project is $687,722.24. The attached Change Orders prepared by the consultant construction manager and reviewed by Engineering staff are referenced in Attachment C to address the following items.
During the course of construction for every project it is typical to experience variations in the actual quantity of work performed in comparison to the bid item quantities listed in the contract bid schedule. Quantity overruns, work deleted, or less quantity installed than the quantity listed in the bid as a result to changes authorized or directed during construction are paid or deducted at contract unit prices. The net cost for quantity adjustments 3 6
0 3
including increases, reductions, and eliminated quantities totaled $207,065.25, as indicated in Contract Change Oder No. 2, please refer to Attachment C. There is no negotiation of work paid at contract unit prices; therefore, the contractor will receive full compensation for this work.
The City issued a change order to the contractor for deductions of costs incurred by the City during the course of work. City staff from Public Works and Traffic Engineering responded to several issues that came up during construction after normal construction working hours or the weekends that the contractor was responsible for addressing but could not respond to in a sufficient time to mitigate the issues. As a result, the City will deduct $8,221.76, as indicated in Contract Change Order No. 3, from the amount due to the contractor (please refer to Attachment C).
The contractor submitted an extension of time request due to delayed work outside of their control. These delays were principally driven by the BNSF submittal review process.
BNSF required, reviewed, and approved all the contractor’s work plans for every stage of construction within their right-of-way, resulting in weeks of standby time. Everything associated with the widening of the bridge was within their right-of-way; therefore, all the work could not proceed without their approval and oversight. The project specifications allowed the contractor to submit a request for home and field office overhead costs when forced to delay work due to items outside of their control. The contractor submitted a request for $959,874.93 in home and office overhead costs. After a careful review of the request, the amount was reduced to $479,878.75 as indicated in Contract Change Order No. 3 and considered fair compensation for the additional four months the contractor has had to work on the project due to delays caused by BNSF (please refer to Attachment C).
Table 2 represents the current funding plan for the project which includes the federal grant funds, the proposed construction contract change orders in the amount of $687,722.24, and construction management agreement amendment in the amount of $150,000.
Table 2
Funding Plan
Total
Construction
Cost
Federal HBP
2754500
Federal HIP
257502N
Federal
Bridge NHPP
2754500
City Road DIF
3524500
Construction
Contract $11,320,412.60 $4,875,298.28 $1,604,190.90 $1,547,479.27 $3,293,444.15 Change Order $687,722.24 $0.00 $0.00 $0.00 $687,722.24
Construction
Management $1,918,408.18 $664,813.40 $512,919.18 $221,349.73 $259,325.87 Con. Mang.
Amendment $150,000.00 $0.00 $0.00 $0.00 $150,000.00
Construction
Support $246,875.00 $0.00 $0.00 $0.00 $246,875.00
Construction
Total $14,323,418.02 $5,540,111.68 $2,117,110.08 $1,768,829.00 $4,897,367.26 3 6
0 3
The total federal funding for the construction of this project is $9,426,050.76, which is about 66% of the total construction cost. The federal funds have a minimum match requirement of 11.47% and the minimum match is $1,221,244.80. Only part of the project was eligible for federal funding. The Federal HBP and Bridge NHPP funded the bridge and road approaches to approximately 500-feet from the ends of the bridge. The road approach construction extends approximately 1,000 feet east and west from the ends of the bridge. The remainder of the project costs are funded by the Federal HIP and City Road DIF, Fund No. 352. The total Road DIF contribution to the project is estimated to be $4,897,367.26.
Engineering staff submitted a HBP cost change request to Caltrans for additional grant funding. This submission was due in part to the project delays that resulted in the home and office overhead cost change order request from the contractor. HBP funding is limited and there is no guarantee additional funds will be made available to the City. Furthermore, the matching requirement would still be applicable. The City may receive up to $733,667 of additional grant funding based upon the matching requirement for both construction and construction management services.
The probability of receiving additional grant funding for construction costs is better than construction management costs. The grant programs include a maximum percentage of 15% for this service based upon the construction cost. The cost of construction with the approval of the change orders will be $11,999,135; 15% of this cost is $1,799,870. The Parsons agreement amendment will increase the total management cost paid to them alone to $2,068,408. This will be more than 15% maximum, approximately 17%.
Therefore, the receipt of additional construction management grant funds may not occur at all.
If additional funds are allocated to one of the grants, a budget amendment will be presented to City Council to appropriate and expense the funds for the project. The funds received will be reimbursed to Road DIF, the funds proposed herein to pay the construction contract change order and construction management agreement amendment. If no additional grant funds are received, no additional action will be required.
Staff recommends that the City Council adopt Resolution No. 24-032 to amend the Fiscal Year 2023/2024 budget to reflect an additional appropriation of $828,722.24 from Road DIF, Fund 352, an additional expense of $828,722.24 and approve Contract Change Order Nos. 2, 3, & 4 in an amount not to exceed $687,722.24 for the BVOH Project for Riverside Construction Co., and approve an agreement amendment in the amount not to exceed of $150,000 to Parsons Transportation Group for construction management services associated with the Project.
Staff remains available for any questions the Council may have.
Attachments: A. Resolution No. 24-032
B. Project Map and Aerial View
C. Construction Contract Change Orders
3 6
0 3
D. Parsons Transportation Group Agreement Amendment No. 2 3 5
7 5
ATTACHMENT A
3 5
7 5
RESOLUTION NO. 24-032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2023-2024;
APPROVING AN ADDITIONAL APPROPRIATION OF ROAD DIF FUNDS
TO INCREASE THE BUDGET FOR THE BEAR VALLEY ROAD BRIDGE
OVER BNSF RAILROAD PROJECT
WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expenditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2023-2024; and WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 6, 2023, and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and WHEREAS, the Bear Valley Road Bridge Over BNSF Railroad Project is listed in the Capital Improvement Projects for fiscal year 2023-2024; and WHEREAS, the after preparation of the budget, staff recognized the need to appropriate funds in the amount of Eight Hundred Twenty-Eight Thousand, Seven Hundred Twenty-Two Dollars and Twenty-Four Cents ($828,722.24) for construction and construction management costs; and
WHEREAS, the City Manager or his designee will provide all necessary justification for the budget amendment as an attachment to this resolution or in the associated City Council agenda report; and
WHEREAS, the City Council wishes to amend the annual budget as set forth in this Resolution and recognize the associated increase in expenditures.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the annual budget for the fiscal year 2023-2024 for the City of Victorville is hereby amended to reflect an increase in the Bear Valley Road Bridge Over BNSF Railroad Project Road DIF expenditure account 3524500-55315-60014 in the amount of Eight Hundred Twenty-Eight Thousand, Seven Hundred Twenty-Two Dollars and Twenty-Four Cents ($828,722.24) as described in the corresponding Agenda Item Staff Report for Council Meeting of May 7, 2024.
Account Description Adjustment
3524500-55315-60014 Bear Valley Road Bridge Over
BNSF Railroad - Expense $828,722.24
3 5
7 5
SECTION 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments, offices and subsidiary districts of the City.
SECTION 3. That this Resolution becomes effective immediately upon its adoption.
ATTACHMENT B
Bridge Widening
New Sidewalks and Road Surface
Fill
Parcels
Source: ESRI 2013 11/18/2013; Created By: jamesh
8 0 250 500 750 1,000
Feet
Federal Project Number BHLS-5380 (026)
Bear Valley Road Overhead at BNSF Railroad
City of Victorville, San Bernardino County, California
Project Map and Aerial View
ATTACHMENT C
3200 East Guasti Road, Suite 200 Ontario California 91764 Office: +1 909 218 3600 / parsons.com
February 28, 2024
A
ttention: City of Victorville
Subject: Closeout Contract Change Order Memo
Bear Valley Road Overhead Bridge at BNSF Railroad Project, Project No. CC21-102 ITEM OVERVIEW:
Riverside Construction has requested the amount of approximately $1,340,000 to close out the Bear Valley Overhead at BNSF project, which constitutes to 130 WD of claimed compensable delays in Time Impact Analysis (TIA) #1, #2, #3, and #4, outstanding extra work bill (EWB) payments for work related to Reinforced Concrete Box (RCB) construction, Potential Claim Record (PCR) #1, and cost increases due to delay related to the roadway grinding and overlay operations (Calmex).
The costs are summarized in the table below:
Item Amount Brief Description
TIA #1-4 $959,874.93 Compensable time request for delays associated with unprecedented BNSF submittals, excessive review time by BNSF, right-of-way delays due to BNSF not providing track closures to complete the work, man-made buried objects
while performing bridge foundations, and delays to the
paving operations
RCB EWBs $184,140.36 Extra work bills for the portion of RCB work performed prior to deletion of the bid items
PCR #1 $81,204.47 Reconstruction cost of bridge approach slab Calmex EWBs $114,602.61 Additional operational and material costs incurred for roadway grinding and paving due to delays
Total: $1,339,822.37
Par
sons has reviewed these items and arrived that the following are reasonable costs incurred by Riverside Construction.
Parsons met with Riverside and they were agreeable to resolving these items at the following payment amounts:
Item Amount Proposed Payment Method
TIA #1-4 $479,878.75 CCO #4
RCB EWBs $184,140.36 Authorized work bid item, Increased in CCO #2 PCR #1 $0.00 CCO #4
Calmex EWBs $114,602.61 Authorized work bid item, Increased in CCO #2 Total: $778,621.72
2 ITEM DETAILS
TIA #1-4
TIA #1-4 represents BNSF delays during the submittal process (#1), BSNF delays during bridge construction and delays due to encountering manmade buried objects during bridge foundation work (#2), and delays to the stage 1 (#3) and stage 3 (#4) paving operations. The start of the project had to be delayed by multiple months in order to accommodate the BSNF submittal review process, which includes multiple work plans, lift plans, and other submittals which were unprecedented prior to this project. The review process required many revisions, delaying the start of the bridge widening work. In addition, BNSF frequently didn’t schedule requested track closures and BNSF frequently failed to provide scheduled track closures, which ranged from delays of several hours to not providing any available work time while Riverside’s crews and their subcontractors were on site ready to work. Claimed delays to stage 1 paving are found to not be justifiable as these delays were caused by reconstruction of an incorrectly build approach slab. They delays to stage 3 paving are justifiable as these were caused by a roadway redesign which was ongoing at the time when paving was to start.
Of the 130 compensable working days requested, Parsons identified 75 justifiable working days of delay. The reduction is due to not accepting any delays for stage 1 paving and not accepting the delays on days where extra work at force account payment was made (overhead is included in the markups).
In review of the daily cost, Parsons identified requested lump sum bid item extensions which were not justifiable, including construction staking, progress schedule, develop water supply, traffic control system, job site management, and implement storm water pollution plan. The exclusion of these items reduced the compensable delay daily amount. In reference to the attached delay cost submittal, the 75 compensable delays days at the reduced daily cost equate to the following:
Exhibit Description Amount
A Extension of Lump Sum Items $25,446.75
B Extended Home Office Overhead $80,321.25
C Extended Field Office Overhead $311,669.25
D Other direct impacts (shoring materials) $62,441.50
Total: $479,878.75
RCB Extra Work Bills
Extra work bills have been submitted for actual work performed. Additional funds need to be added to the Authorized Work item in order to pay these extra work bills. These EWBs total $184,140.36 and are reflected in the Authorized Work increase shown in draft CCO #2.
PCR #1
Parsons does not recommend making payment on PCR#1, which is related to the reconstruction of the incorrectly built approach slab. This issue is documented in the project correspondence and is considered to be Riverside’s responsibility.
Calmex Extra Work Bills
Extra work bills have been submitted for actual cost increases due to project delay. Additional funds need to be added to the Authorized Work item in order to pay these extra work bills. These EWBs total $114,602.61 and are reflected in the Authorized Work increase shown in draft CCO #2.
3 SUMMARY
Parsons finds that a final proposed payment in the amount of $778,621.72 is reasonable to resolve the remaining issues on this project. Riverside Construction has indicated that they would be agreeable to this amount. Draft closeout CCOs #2, #3, and #4 are included to show the total construction contract amount if the City was to proceed with this payment amount.
Current Construction Contract Amount: $11,320,412.60
New Construction Contract Amount: $11,999,134.84
Additional Amount Required for Construction: $678,722.24 Si
ncerely,
Ser
ge Sinevod, PE
Resident Engineer
TO:
PROJECT TITLE :
PROJECT NUMBER :
CHANGE ORDER No. :
DATE :
9,818,512.60$
1,501,900.00$
11,320,412.60$
207,065.25$
11,527,477.85$
280
By reason of this order, the time of completion will be adjusted as follows: Zero (0) Days City of Victorville
CHANGE ORDER
Bear Valley Road Overhead Bridge at BNSF
Riverside Construction Company, Inc.
4225 Garner Road
Riverside, CA 92502
CC21-102
2 February 28, 2024
You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract.
Description of work to be done, estimate of quantities, and prices to be paid: Segregate between additional work at current or revised contract unit prices, agreed lump sum price, and time & materials. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
See sheet 3 of this Contract Change Order.
Estimated Cost: Decrease: Increase: $207,065.25 This Change Order is not valid until signed by the City Engineer The original Contract Amount was
Net change by previously authorized Change Orders
The Contract Amount prior to this Change Order was
The Contract Amount will be increased by this Change Order in the maximum amount of The new Contract Amount including this Change Order will be The Contract Time will be increased by zero (0) working days The Contract Time therefore is (Working Days)
Change Requested by: Engineer
Change Order #3
Sheet 1 of 3
CONTRACTOR :
Date
PROJECT RE :
Date
SUBMITTED BY :
Date
AUTHORIZED BY :
Date
THIS CHANGE ORDER CONSTITUTES FULL, FINAL, AND COMPLETE COMPENSATION TO THE CONTRACTOR FOR
ALL COSTS, EXPENSES, OVERHEAD, PROFIT, AND ANY DAMAGES OF EVERY KIND THAT THE CONTRACTOR MAY
INCUR IN CONNECTION WITH THE ABOVE REFERENCED CHANGES IN THE WORK, INCLUDING ANY IMPACT ON
THE REFERENCED WORK OR ON ANY OTHER WORK UNDER THE CONTRACT, ANY CHANGES IN THE
SEQUENCES OF ANY WORK, ANY DELAY TO ANY WORK, ANY DISRUPTION OF ANY WORK, ANY RESCHEDULING OF ANY WORK, AND ANY OTHER EFFECT ON ANY OF THE WORK UNDER THIS CONTRACT. BY THE EXECUTION
OF THIS CHANGE ORDER, THE CONTRACTOR ACCEPTS THE CONTRACT PRICE CHANGE AND THE CONTRACT
COMPLETION DATE CHANGE, IF ANY, AND EXPRESSLY WAIVES ANY CLAIMS FOR ANY ADDITIONAL COMPENSATION, DAMAGES OR TIME EXTENSIONS, IN CONNECTION WITH THE ABOVE-REFERENCED CHANGES.
WE, THE UNDERSIGNED CONTRACTOR, HAVE GIVEN CAREFUL CONSIDERATION TO THE CHANGE PROPOSED
AND HEREBY AGREE, IF THIS PROPOSAL IS APPROVED, THAT WE WILL ACCEPT AS FULL PAYMENT THEREFORE THE PRICE SHOWN ABOVE.
Fredy Bonilla, City Engineer
Elizabeth Becerra, Mayor
Ryan Camp, Riverside Project Manager
Serge Sinevod, Resident Engineer
Change Order #3
Sheet 2 of 3
Increase Bid Items:
ITEM NO ITEM DESCRIPTION UNIT UNIT PRICE Increase Quantity Increase Amount % Increase 4 RAILROAD INSPECTION DAY 250.00$ 74.00 78,958.00$ 17.21% 29 IMPORTED BORROW CY 19,000.00$ 11,346.00 136,152.00$ 59.72% 35 ASPHALT CONC (TYPE C) TON 8,080.00$ 334.69 26,775.20$ 4.14% 36 GEOSYNTHETIC PVMNT INTERLAYER (PAVING MAT) SY 21,060.00 $ 1,767.00 7,068.00$ 8.39% 37 COLD PLANE ASPHALT CONC PAVMENT SY 21,060.00$ 5,347.00 21,388.00$ 25.39% 38 SOIL NAIL LF 1,782.00$ 48.00 3,264.00$ 2.69% 61 PREPARE CONC BRDIGE DECK SURFACE SF 10,236.00$ 138.00 276.00$ 1.35% 62 (F) TREAT BRDIGE DECK SF 10,236.00$ 138.00 276.00$ 1.35% 63 FURN BRIDGE DECK TREATMENT MATERIAL GAL 114.00$ 26.00 3,900.00$ 22.81% 69 SLOPE PAVING (CONCRETE) CY 140.00$ 4.00 3,400.00$ 2.86% 78 MINOR CONC (CURB AND GUTTER) CY 205.00$ 34.95 14,853.75$ 17.05% 97 HANDRAILING LF 196.00$ 0.50 92.50$ 0.26% 109 AUTHORIZED WORK LS 400,000.00$ 0.61 243,289.70$ 60.82% Increase Subtotal: 539,693.15$
Decrease Bid Items:
ITEM NO ITEM DESCRIPTION UNIT UNIT PRICE Decrease Quantity Decrease Amount Decrease % 3 RAILROAD FLAGGING DAY 250.00$ (12.00) (15,840.00)$ ‐1.71% 22 ROADWAY EXCAVATION CY 9,200.00$ (28.50) (570.00)$ ‐0.31% 30 FIBER ROLLS LF 18,665.00$ (1,429.00) (3,143.80)$ ‐7.66% 48 DRILL AND GROUT DOWEL LF 1,234.00$ (155.00) (12,400.00)$ ‐12.56% 74 MINOR CONC (CROSS GUTTER) CY 55.00$ (1.00) (630.00)$ ‐1.82% 80 MINOR CONC (SIDEWALK) CY 320.00$ (17.00) (9,520.00)$ ‐5.31% 81 MINOR CONC (CURB RAMP) CY 50.00$ (15.90) (9,301.50)$ ‐31.80% 82 REMOVE CONC CURB LF 795.00$ (83.00) (1,162.00)$ ‐10.44% 83 REMOVE CONC CROSS GUTTER SF 970.00$ (6.00) (36.00)$ ‐0.62% 84 REMOVE CONC SIDEWALK SY 1,570.00$ (46.00) (920.00)$ ‐2.93% 86 REMOVE CONC (CURB AND GUTTER) LF 4,175.00$ (181.00) (1,810.00)$ ‐4.34% 90 TEMPORARY FENCE LF 1,805.00$ (91.00) (1,365.00)$ ‐5.04% 92 PAVEMENT MARKER (RETROREFLECTIVE) EA 620.00$ (15.00) (75.00)$ ‐2.42% 102 REMOVE GUARDRAIL
LF 125.00$ (23.00) (529.00)$ ‐18.40% 103 REMOVE HANDRAILING LF 175.00$ (10.00) (120.00)$ ‐5.71% 104 THERMOPLASTIC TRAFFIC STRIPE LF 27,470.00$ (506.00) (303.60)$ ‐1.84% 106 REMOVE PAINTED TRAFFIC STRIPE LF 25,120.00$ (1,910.00) (1,146.00)$ ‐7.60% 107 REMOVE PAINTED PAVEMENT MARKING SF 360.00$ (180.00) (720.00)$ ‐50.00% Decrease Subtotal: (59,591.90)$
Eliminate Bid Items:
ITEM NO ITEM DESCRIPTION UNIT UNIT PRICE Deleted Quantity Deleted Amount Deleted % 13 PORTABLE DELINEATOR EA 48.00$ (57.00) (2,736.00)$ ‐100% 19 WORK AREA MONITORING (BRIDGE) LS. 5,250.00$ (1.00) (5,250.00)$ ‐100% 32 PERMANENT EROSION CNTRL ESTABLISHMENT WRK LS. 35,000.00 $ (1.00) (35,000.00)$ ‐100% 34 SLURRY SEAL TON 1,400.00$ (26.00) (36,400.00)$ ‐100% 46 (F) STRUCTURAL CONC, BOX CULVERT CY 1,100.00$ (119.00) (130,900.00)$ ‐100% 57 (F) BAR REINF STEEL (BOX CULVERT) LBS 1.20$ (25,000.00) (30,000.00)$ ‐100% 68 REMVOE HEADWALL EA 2,400.00$ (2.00) (4,800.00)$ ‐100% 91 RELOCATE FENCE LF 65.00$ (430.00) (27,950.00)$ ‐100% Eliminate Subtotal: (273,036.00)$
CCO Total: 207,065.25$
Increase the following Bid Items, as the actual quantity was more than the Engineer's estimate. No adjustment to the bid item unit prices for these items will be made in accordance with Section 9‐1.06B, "Increases of More Than 25 Percent," of the Standard Specifications.
Decrease the following Bid Items, as the actual quantity was less than the Engineer's estimate. No adjustment to the bid item unit prices will be made in accordance with Section 9‐1.06C, "Decreases of More Than 25 Percent," of the Standard Specifications.
Eliminate the following Bid Items, as they were not used. In accordance with Section 9‐1.06D, "Eliminated Items," of the Standard Specifications, the adjustment due to the elimination of these items is zero.
TO:
PROJECT TITLE :
PROJECT NUMBER :
CHANGE ORDER No. :
DATE :
9,818,512.60$
1,708,965.25$
11,527,477.85$
(8,221.76)$
11,519,256.09$
280
Change Requested by: Engineer
This Change Order is not valid until signed by the City Engineer The original Contract Amount was
Net change by previously authorized Change Orders
The Contract Amount prior to this Change Order was
The Contract Amount will be increased by this Change Order in the maximum amount of The new Contract Amount including this Change Order will be The Contract Time will be increased by zero (0) working days The Contract Time therefore is (Working Days)
By reason of this order, the time of completion will be adjusted as follows: Zero (0) Days City of Victorville
CHANGE ORDER
Bear Valley Road Overhead Bridge at BNSF
Riverside Construction Company, Inc.
4225 Garner Road
Riverside, CA 92502
CC21-102
3 February 28, 2024
You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract.
Description of work to be done, estimate of quantities, and prices to be paid: Segregate between additional work at current or revised contract unit prices, agreed lump sum price, and time & materials. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
Adjustment in Compensation at Lump Sum
Contractor accepts an adjustment in compensation at lump sum in the amount of a $8,221.76 decrease for miscellaneous deductions related to costs incurred by the City for keeping electrical traffic systems active during construction, which is the Contractor's resposibility, and for salvaged traffic signal equipment damaged by the Contractor.
Estimated Cost: Decrease: $8,221.76 Increase: __________ Change Order #3
Sheet 1 of 2
CONTRACTOR :
Date
PROJECT RE :
Date
SUBMITTED BY :
Date
AUTHORIZED BY :
Date
Fredy Bonilla, City Engineer
Elizabeth Becerra, Mayor
Ryan Camp, Riverside Project Manager
Serge Sinevod, Resident Engineer
THIS CHANGE ORDER CONSTITUTES FULL, FINAL, AND COMPLETE COMPENSATION TO THE CONTRACTOR FOR
ALL COSTS, EXPENSES, OVERHEAD, PROFIT, AND ANY DAMAGES OF EVERY KIND THAT THE CONTRACTOR MAY
INCUR IN CONNECTION WITH THE ABOVE REFERENCED CHANGES IN THE WORK, INCLUDING ANY IMPACT ON
THE REFERENCED WORK OR ON ANY OTHER WORK UNDER THE CONTRACT, ANY CHANGES IN THE
SEQUENCES OF ANY WORK, ANY DELAY TO ANY WORK, ANY DISRUPTION OF ANY WORK, ANY RESCHEDULING OF ANY WORK, AND ANY OTHER EFFECT ON ANY OF THE WORK UNDER THIS CONTRACT. BY THE EXECUTION
OF THIS CHANGE ORDER, THE CONTRACTOR ACCEPTS THE CONTRACT PRICE CHANGE AND THE CONTRACT
COMPLETION DATE CHANGE, IF ANY, AND EXPRESSLY WAIVES ANY CLAIMS FOR ANY ADDITIONAL COMPENSATION, DAMAGES OR TIME EXTENSIONS, IN CONNECTION WITH THE ABOVE-REFERENCED CHANGES.
WE, THE UNDERSIGNED CONTRACTOR, HAVE GIVEN CAREFUL CONSIDERATION TO THE CHANGE PROPOSED
AND HEREBY AGREE, IF THIS PROPOSAL IS APPROVED, THAT WE WILL ACCEPT AS FULL PAYMENT THEREFORE THE PRICE SHOWN ABOVE.
Change Order #3
Sheet 2 of 2
TO:
PROJECT TITLE :
PROJECT NUMBER :
CHANGE ORDER No. :
DATE :
9,818,512.60$
1,700,743.49$
11,519,256.09$
479,878.75$
11,999,134.84$
355
Change Requested by: Engineer
This Change Order is not valid until signed by the City Engineer The original Contract Amount was
Net change by previously authorized Change Orders
The Contract Amount prior to this Change Order was
The Contract Amount will be increased by this Change Order in the maximum amount of The new Contract Amount including this Change Order will be The Contract Time will be increased by seventy five (75) working days The Contract Time therefore is (Working Days)
By reason of this order, the time of completion will be adjusted as follows: Seventy five (75) Days City of Victorville
CHANGE ORDER
Bear Valley Road Overhead Bridge at BNSF
Riverside Construction Company, Inc.
4225 Garner Road
Riverside, CA 92502
CC21-102
4 February 28, 2024
You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract.
Description of work to be done, estimate of quantities, and prices to be paid: Segregate between additional work at current or revised contract unit prices, agreed lump sum price, and time & materials. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
Adjustment in Compensation at Lump Sum
Contractor accepts an adjustment in compensation at lump sum in the amount of $479,878.75 as full and final compensation to resolve Time Impact Analysis #1, #2, #3, and #4 and to resolve Potential Claim Record #1. Contractor agrees that payment of this amount constitutes full and final payment to close out the project and agrees to not submit any claims or requests for additional payment associated with this project.
Estimated Cost: Decrease: Increase: $479,878.75___ Change Order #4
Sheet 1 of 2
CONTRACTOR :
Date
PROJECT RE :
Date
SUBMITTED BY :
Date
AUTHORIZED BY :
Date
Fredy Bonilla, City Engineer
Elizabeth Becerra, Mayor
Ryan Camp, Riverside Project Manager
Serge Sinevod, Resident Engineer
THIS CHANGE ORDER CONSTITUTES FULL, FINAL, AND COMPLETE COMPENSATION TO THE CONTRACTOR FOR
ALL COSTS, EXPENSES, OVERHEAD, PROFIT, AND ANY DAMAGES OF EVERY KIND THAT THE CONTRACTOR MAY
INCUR IN CONNECTION WITH THE ABOVE REFERENCED CHANGES IN THE WORK, INCLUDING ANY IMPACT ON
THE REFERENCED WORK OR ON ANY OTHER WORK UNDER THE CONTRACT, ANY CHANGES IN THE
SEQUENCES OF ANY WORK, ANY DELAY TO ANY WORK, ANY DISRUPTION OF ANY WORK, ANY RESCHEDULING OF ANY WORK, AND ANY OTHER EFFECT ON ANY OF THE WORK UNDER THIS CONTRACT. BY THE EXECUTION
OF THIS CHANGE ORDER, THE CONTRACTOR ACCEPTS THE CONTRACT PRICE CHANGE AND THE CONTRACT
COMPLETION DATE CHANGE, IF ANY, AND EXPRESSLY WAIVES ANY CLAIMS FOR ANY ADDITIONAL COMPENSATION, DAMAGES OR TIME EXTENSIONS, IN CONNECTION WITH THE ABOVE-REFERENCED CHANGES.
WE, THE UNDERSIGNED CONTRACTOR, HAVE GIVEN CAREFUL CONSIDERATION TO THE CHANGE PROPOSED
AND HEREBY AGREE, IF THIS PROPOSAL IS APPROVED, THAT WE WILL ACCEPT AS FULL PAYMENT THEREFORE THE PRICE SHOWN ABOVE.
Change Order #4
Sheet 2 of 2
ATTACHMENT D
Consultant/Professional Services Provider Agreement/Parsons Transportation Group, Inc./Project BM20-034- 2/Amendment 2
AMENDMENT NUMBER: TWO
TO
CONSULTANT/PROFESSIONAL SERVICES PROVIDER
AGREEMENT
BY AND BETWEEN
CITY OF VICTORVILLE
AND
PARSONS TRANSPORTATION GROUP, INC.
FOR
CONSTRUCTION MANAGEMENT SERVICES FOR
THE BEAR VALLEY OVERHEAD AT BNSF RAILROAD PROJECT,
PROJECT BM21-034-2
THIS AMENDMENT (the “Amendment”) is made and entered into this ____ day of _______, 2024, by and between the City of Victorville, a municipal corporation, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California (hereinafter referred to as “City”), and Parsons Transportation Group, Inc. , a State of Illinois corporation, hereinafter referred to as “Consultant”, City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties”.
Recitals
1. WHEREAS, the City has a Consultant/Professional Services Provider Agreement (hereinafter referred to as the “Original Agreement”) with the Consultant to provide Construction Management Services for the Bear Valley Overhead at BNSF Railroad Project; and
2. WHEREAS, on or about July 25, 2023, a Letter of Agreement was issued to the Original Agreement to continue services on a month-to month basis until the work is completed; and
3. WHEREAS, on or about November 1, 2023, Amendment One (1) was issued to the Original Agreement to increase Section 3., Compensation by $260,000.00, thereby revising the total cumulative not to exceed sum from $1,658,408.18 to $1,918,408.18; revise Section 6., Term of Agreement to expire December 31, 2023; and
4. WHEREAS, it is the desire of the Parties to issue Amendment Two (2) to the Original Agreement to increase Section 3., Compensation by $150,000.00, thereby revising the total cumulative not to exceed sum from $1,918,408.18 to $2,068,408.18. Work will continue on a month-to-month basis until the work is completed; and
5. NOW THEREFORE, in consideration of the covenants, conditions, and promises contained herein and for such other good and valuable consideration, receipt of which is hereby acknowledged, the Parties are willing to amend the Original Agreement as stated below.
Consultant/Professional Services Provider Agreement/Parsons Transportation Group, Inc./Project BM20-034- 2/Amendment 2
Contract Amendment
Section 3. – COMPENSATION – is amended as follows:
“The City shall pay to Consultant a sum not to exceed Two Million Sixty-eight Thousand Four Hundred Eight and 18 /100 dollars ($ 2,068,408.18) for faithful performance of the services to be rendered under this Agreement, subject to the Fee Schedule provisions of Section 4, below.”
Except as amended herein, t he terms and conditions of the O riginal Agreement and all previous amendments remain in full force and effect.
(SIGNATURES ON NEXT PAGE)
Consultant/Professional Services Provider Agreement/Parsons Transportation Group, Inc./Project BM20-034- 2/Amendment 2
IN WITNESS WHEREOF, the parties hereto have caused the Amendment to the Original Agreement to be entered as of the dates written below.
PARTY OF THE FIRST PART PARTY OF THE SECOND PART
THE CITY OF VICTORVILLE PARSONS TRANSPORTATION GROUP,
INC.
By:_______________________________ By:________________________________ Elizabeth Becerra, Chris Johnson,
Mayor Vice President
Dated:______________________________ Dated:______________________________
ATTEST
By:_________________________________
Jennifer Thompson,
City Clerk
Dated:_______________________________
THE CITY OF VICTORVILLE
By:________________________________
Sandra Bostick,
Risk Manager
Dated:______________________________
APPROVED AS TO STANDARD FORM
By:______________________________
Andre de Bortnowsky,
City Attorney
Dated:_____________________________
Item Number: 17
City Council / Board of Directors
Written Communications
Meeting of: May 7, 2024
Submitted By:
Doug Mathews, Director of Public Works and Water
Subject:
Consideration of Resolution Nos. VWD 24-002 and VWD 24-003 - Resolutions of the Board of Directors of the Victorville Water District initiating proceedings to fix, levy, and collect standby charges for Water Improvement District Number One (WID1) and for Water Improvement District Number Two (WID2) for Fiscal Year 2024-2025.
Recommendation:
That the Honorable Victorville Water District Board of Directors:
(1) Approve Resolution No. VWD 24-002 authorizing the Victorville Water District to initiate proceedings to fix, levy, and collect standby Charges for Water Improvement District One for Fiscal Year 2024-2025;
(2) Approve Resolution No. VWD 24-003 authorizing the Victorville Water District to initiate proceedings to fix, levy, and collect standby Charges for Water Improvement District Two for Fiscal Year 2024-2025; and (3) Set May 21, 2024, as the date for the Public Hearing for the purpose of hearing arguments for and against determinations to fix, levy, and collect water standby charges as set forth in the aforementioned resolutions.
Fiscal Impact:
The proposed resolutions authorize the District to have Water Improvement District Number One and Water Improvement District Number Two standby charges for Fiscal Year 2024-2025 (tax roll year 2024) assessed by the County Assessor. These charges are currently estimated to result in revenue per district in the amount of $90,300 and $337,980 respectively.
The District will incur a small expense from processing the required notices and publishing the required Notice of Public Hearing (NOPH), estimated to be under $7,000. These expenses were budgeted in the current Fiscal Year in the account listed below. •4100030-52300 – Water Administration, Contract Services 3 5
9 0
Strategic Plan Goal:
This item aligns with Goal A, “Financial Sustainability” of the City’s Strategic Plan. A large portion of standby fees collected provide a revenue source that is pledged to an outstanding bond. The remaining portion helps pay for the operating costs to maintain the water system. The collection of the standby fee also helps to maintain water rates as low as possible.
Background:
Each year the District must take steps, in compliance with California Water Code Section 31031 et seq. and Government Code Section 6066, to levy and collect standby charges.
These steps include:
(1) initiating proceedings to fix, levy, and collect water standby charges for the Fiscal Year (establishing a hearing date, etc.);
(2) notifying the general public of the Public Hearing with publications in the newspaper on two separate dates;
(3) mailing notices of the hearing to the affected parcel owners; and (4) conducting the Public Hearing.
Water Improvement District Number One (WID1)
Since 1975, WID1 (formerly known as the Victor Valley Water District) has assessed a water standby charge. This charge, authorized by California Water Code Section 31031, may not exceed $10.00 per acre per year for each acre of land, or ten dollars per year for each parcel of land less than an acre. For example: 0.2 acres = $10.00; 5.0 acres = $50.00; and 5.2 acres = $60.00. By means of the proposed Resolution No. VWD 24-002, the District is initiating the process to fix, levy, and collect this charge (at the same rate as last year) as to all parcels within WID1 for which water service facilities have been constructed within close proximity thereto (660 feet). Any parcel of land which is connected to and obtains water from the District’s water system, as well as any governmental or public agency, is exempt from the assessment.
Water Improvement District Number Two (WID2)
Since 1969, WID2 (formerly known as the Baldy Mesa Water District) has assessed a water standby charge. This charge, authorized by California Water Code Section 31032.1, may not exceed $30.00 per acre per year for each acre of land, or $30.00 per year for each parcel of land less than an acre. The proposed charge remains unchanged at $15.00 rather than the allowable maximum of $30.00 and is prorated based on the number of acres in excess of one acre. For example: 0.2 acres = $15.00; 5.0 acres =$75.00; and 5.2 acres = $78.00. By means of the proposed Resolution No. VWD 24- 003, the District is initiating the process to fix, levy, and collect this charge (at the same rate as last year) as to all parcels within WID2 for which water service facilities have been financed and constructed. All governmental or public agencies are exempt from the assessment.
3 5
9 0
Discussion:
Standby charges must be assessed annually, on an uninterrupted basis, in order to maintain the previously fixed assessment rate. The proposed resolutions do not change the rate or calculation by which these charges are assessed. If standby charges are discontinued, they may not be reinstated in a subsequent year, except as noted in California Government Code Section 53753 and in compliance with notice, protest, and hearing procedures applicable to increased assessments under Proposition 218.
The revenues from the water standby charge directly offset WID1’s actual cost to maintain facilities, including water mains, which are immediately available to provide water service to those parcels. For WID2, the revenues directly offset the actual cost of financing water infrastructure capital facilities within the Water Improvement District. These revenues are pledged to the debt service on the issuance of a Certificate of Participation (bond).
Provisions of the LAFCO consolidation action requires debt incurred in one Water Improvement District to be paid by the rate payers of that same Water Improvement District.
Staff recommends that the Board of Directors approve Resolution Nos. VWD 24-002 and VWD 24-003 authorizing the Victorville Water District to initiate proceedings to fix, levy, and collect standby charges for Water Improvement Districts 1 and 2 for Fiscal Year 2024- 2025 and set May 21, 2024, as the date for the Public Hearing.
Staff remains available for any questions or comments the Board may have.
Attachments: A. Resolution No. VWD 24-002
B. Resolution No. VWD 24-003
C. Water Code Sections 31031 through 31032.9
D. Notice of Public Hearing on Water Standby Charges- WID 1 E. Notice of Public Hearing on Water Standby Charges- WID 2
ATTACHMENT A
RESOLUTION NO. VWD 24-002
VICTORVILLE WATER DISTRICT
RESOLUTION NO. VWD 24-002
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE VICTORVILLE WATER
DISTRICT INITIATING PROCEEDINGS TO FIX, LEVY, AND COLLECT STANDBY
CHARGES FOR WATER IMPROVEMENT DISTRICT NUMBER ONE FOR FISCAL YEAR 2024-2025
THE BOARD OF DIRECTORS OF THE VICTORVILLE WATER DISTRICT HEREBY FINDS, RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:
WHEREAS, the Board of Directors is authorized and empowered by State Water Code Section 31031 et seq. to fix, levy, and collect water standby charges within Water Improvement District Number One (the “Improvement District”); and WHEREAS, it is the intention of the Board of Directors to initiate proceedings to fix, levy, and collect water standby charges, pursuant to Section 31031 et seq. of the State Water Code (hereinafter the “Water Code”); and
WHEREAS, since 1975 the Improvement District (formerly known as the Victor Valley Water District) has imposed and collected water standby charges pursuant to Resolutions of the Board of Directors, determining the properties which receive benefit from the presence of the Improvement District’s water service facilities within close proximity thereto; and
WHEREAS, the Improvement District’s standby charge is established and imposed exclusively to fund the proportionate share of the maintenance and operation expenses of water service facilities which have been constructed and are within close proximity to the benefiting properties; and
NOW, THEREFORE, the Board of Directors of the District hereby proposes to fix, levy, and collect a standby charge for all affected properties within the Improvement District, as follows:
SECTION 1 That a water standby charge is hereby fixed in an amount not to exceed ten dollars ($10) per acre per year for each acre of land, or ten dollars ($10) per year for each parcel of land less than an acre within the District for all properties within the Improvement District to which water service facilities have been constructed within close proximity thereto for any purpose by the Improvement District, whether the water service is actually used or not.
SECTION 2 That the water standby charge shall apply to all properties within the Improvement District, which are within six hundred and sixty (660) feet from an existing Improvement District water facility. The water standby charge within such lands shall be computed only as to that portion of the acreage of the particular parcel, which is within such six hundred and sixty (660) feet from Improvement District facilities. No property beyond such distance shall be connected to the water system without specific action by the Board of Directors of the District or by the extension of Improvement District lines thereto.
SECTION 3 That any parcel of land which is connected to and obtains water service from the District’s water system and all parcels owned by a governmental or public agency are exempted from said water standby charges.
SECTION 4 That any parcel of land subject to the water standby charge which is subsequently connected to and obtains water service from the Improvement District’s water system shall no longer be subject to the water standby charge from the time connection is made and water service provided, but will thereafter be subject to payment of the District’s water rates. No pro-ration of annual standby charges will be made.
SECTION 5 That the District Secretary (the “Secretary”) shall file with the San Bernardino County Auditor in the time and manner required by law and specified by the County Auditor a copy of such written report with a statement endorsed thereon over the signature of the Secretary that such report has been finally adopted by this Board of Directors and the County Auditor shall enter the amount of such assessments against the respective lots or parcels of land as they appear on the most recent assessment roll, pursuant to Section 31032.4 of the Water Code.
SECTION 6 That the County Tax Collector shall include the amount of such assessments on bills for taxes levied against the respective lots and parcels of land, and thereafter, the amount of such assessments shall be collected at the same time and in the same manner and by the same persons, as together with and not separately from, the general taxes for the District, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties, pursuant to Water Code Section 31032.6.
SECTION 7 That staff is hereby authorized and directed to prepare and file with the Secretary a written report (the “Report”) which shall contain a description of each parcel of real property and the amount of the water standby charges for each parcel for the Fiscal Year 2024-2025.
SECTION 8 That the time and place of Public Hearing to hear and consider all objections or protests to the Report, pursuant to Section 31032.3 of the Water Code, is hereby fixed as follows:
Tuesday, May 21, 2024, commencing at 6:00 p.m.
City of Victorville Council Chambers
14343 Civic Drive
Victorville, CA 92392
SECTION 9 That the Secretary is hereby authorized and directed to cause notice of the filing of the Report and the time and place of Public Hearing to be published and mailed, pursuant to Section 31032.2 of the Water Code.
SECTION 10 That a copy of the Report will be available for inspection at City Hall, located at 14343 Civic Drive, Victorville, California. In addition, it will be made available on the City’s website at
www.victorvilleca.gov/government/legally-required-postings.
SECTION 11 That the Director of Public Works and Water, District Counsel, and Staff for the Improvement District are hereby authorized and directed to take any necessary and appropriate action to provide for the proposed establishment of the water standby assessments in accordance with this Resolution.
SECTION 12 That the findings and determinations set forth hereinabove are hereby adopted to take effect immediately, with the standby charges levied and to be collected for Fiscal Year 2024-2025 as set forth hereinabove.
ATTACHMENT B
RESOLUTION NO. VWD 24-003
VICTORVILLE WATER DISTRICT
RESOLUTION NO. VWD 24-003
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE VICTORVILLE WATER
DISTRICT INITIATING PROCEEDINGS TO FIX, LEVY AND COLLECT STANDBY
CHARGES FOR WATER IMPROVEMENT DISTRICT NUMBER TWO FOR FISCAL YEAR 2024-2025
THE BOARD OF DIRECTORS OF THE VICTORVILLE WATER DISTRICT HEREBY FINDS, RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:
WHEREAS, the Board of Directors is authorized and empowered by State Water Code, Section 31031 et seq. to fix, levy and collect water standby within Water Improvement District Number Two (the “Improvement District”); and
WHEREAS, it is the intention of the Board of Directors to initiate proceedings to fix, levy, and collect water standby charges, pursuant to Section 31032.1 of the State Water Code (hereinafter the “Water Code”); and
WHEREAS, since 1969 the Improvement District (formerly known as the Baldy Mesa Water District) has imposed and collected water standby charges pursuant to Resolutions of the Board of Directors; and
WHEREAS, the Improvement District’s standby charge is established and imposed to finance the proportionate share of the capital costs and maintenance and operation expenses of water service facilities which have been constructed and made available to properties within the Improvement District; and
NOW, THEREFORE, the Board of Directors of the District hereby proposes to fix, levy, and collect a standby charge for all properties within the Improvement District, as follows:
SECTION 1 That a water standby charge is hereby fixed in an amount not to exceed fifteen dollars ($15) per acre per year for each acre of land, or fifteen dollars ($15) per year for each parcel of land less than an acre for all properties within the Improvement District to which water service facilities have been constructed for any purpose by the Improvement District, whether the water service is actually used or not.
SECTION 2 That all parcels owned by a governmental or public agency are exempted from said water standby charges.
SECTION 3 That no pro-ration of annual standby charges will be made.
SECTION 4 That the District Secretary (the “Secretary”) shall file with the San Bernardino County Auditor in the time and manner required by law and specified by the County Auditor a copy of such written report with a statement endorsed thereon over the signature of the Secretary that such report has been finally adopted by this Board of Directors and the County Auditor shall enter the amount of such assessments against the respective lots or parcels of land as they appear on the most recent assessment roll, pursuant to Section 31032.4 of the Water Code.
SECTION 5 That the County Tax Collector shall include the amount of such assessments on bills for taxes levied against the respective lots and parcels of land, and thereafter, the amount of such assessments shall be collected at the same time and in the same manner and by the same persons, as together with and not separately from, the general taxes for the District, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties, pursuant to Water Code Section 31032.6.
SECTION 6 That staff is hereby authorized and directed to prepare and file with the Secretary a written report (the “Report”) which shall contain a description of each parcel of real property and the amount of the water standby charges for each parcel for the Fiscal Year 2024-2025.
SECTION 7 That the time and place of Public Hearing to hear and consider all objections or protests to the Report, pursuant to Section 31032.3 of the Water Code, is hereby fixed as follows:
Tuesday, May 21, 2024, commencing at 6:00 p.m.
City of Victorville Council Chambers
14343 Civic Drive
Victorville, CA 92392
SECTION 8 That the Secretary is hereby authorized and directed to cause notice of the filing of the Report and the time and place of the Public Hearing to be published and mailed, pursuant to Section 31032.2 of the Water Code.
SECTION 9 That a copy of the Report will be available for inspection at City Hall, located at 14343 Civic Drive, Victorville, California. In addition, it will be made available on the City’s website at
www.victorvilleca.gov/government/legally-required-postings.
SECTION 10 That the Director of Public Works and Water, District Counsel, and Staff for the Improvement District are hereby authorized and directed to take any necessary and appropriate action to provide for the proposed establishment of the water standby assessments in accordance with this Resolution.
SECTION 11 That the findings and determinations set forth hereinabove are hereby adopted to take effect immediately, with the standby charges levied and to be collected for Fiscal Year 2024-2025 as set forth hereinabove.
ATTACHMENT C
Water Code Sections 31031
through 31032.9
WATER CODE
31031.
A district may, pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code, fix, on or before the first day of July in each calendar year, a water standby or availability charge. The water standby or availability charge shall not exceed ten dollars ($10) per acre per year for each acre of land, or ten dollars ($10) per year for each parcel of land less than an acre within the district to which water is made available for any purpose by the district, whether the water is actually used or not, unless the standby charge is imposed pursuant to the Uniform Standby Charge Procedures Act (Chapter 12.4 (commencing with Section 54984) of Part 1 of Division 2 of Title 5 of the Government Code). The board of directors of a district which fixes such a charge may establish schedules varying such charge according to the land uses and the degree of availability or quantity of use of such water to the affected lands, and may restrict such charge to lands lying within one or more improvement districts within such district. If the procedures set forth in this section as it read at the time a standby or immediate availability charge was established were followed, the board of directors may, by resolution, continue the charge in successive years at the same rate. If new, increased, or extended assessments are proposed, the board shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code.
31032.
In case any water standby charge remains unpaid on the first day of the month before the month in which the board of supervisors of the county in which the district or any part thereof is located is required by law to levy the amount of taxes required for county purposes, a 6 percent penalty thereon shall accrue. The amount of the unpaid standby charge plus the said penalty shall be added to and become a part of the annual tax levied upon the land to which water for which the standby charge is unpaid was available and same shall constitute a lien on that land.
If a district collects taxes pursuant to Chapter 2 (commencing with Section 31700) of Part 7 of this division, the amount of tax attributable to unpaid water standby charges, and the penalty thereon, shall be stated on the tax bill separately from all other taxes.
If a district collects taxes pursuant to Chapter 3 (commencing with Section 31730) of Part 7 of this division, it shall provide each person whose property is subject to taxation for unpaid water standby charges, and the penalty thereon, with a tax bill stating the amount of such charges and penalty separately.
In such case and at least fifteen (15) days before the first day of the month in which said board of supervisors is required by law to levy the amount of taxes required for county purposes, the board of directors of the district shall furnish in writing to the board of supervisors and to the county auditor, respectively, a description of each and every parcel of land within the district upon which a standby charge remains unpaid, together with the amount of said unpaid charge plus said penalty on each said parcel of land. Whenever land in two or more counties is included in a district, the board of directors of the district shall furnish in writing to the board of supervisors and to the county auditor of each of said counties, respectively, a description of each and every parcel within said county upon which a standby charge remains unpaid, together with the amount of said unpaid standby charge plus penalty thereon.
31032.1.
A district may, pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code, fix, as an alternative to the charge prescribed by Section 31031, in each fiscal year, water standby or availability assessments of not to exceed thirty dollars ($30) per acre per year for each acre of land, or thirty dollars ($30) per year for each parcel of land less than an acre within the district to which water is made available for any purpose by the district, whether the water is actually used or not, unless the standby charge is imposed pursuant to the Uniform Standby Charge Procedures Act (Chapter 12.4 (commencing with Section 54984) of Part 1 of Division 2 of Title 5 of the Government Code). The board of directors of a district that fixes the assessment may establish schedules varying the assessment according to the land uses and the degree of availability or quantity of use of water to the affected lands, and may restrict the assessment to lands lying within one or more improvement districts within the district. If the procedures set forth in this section as it read at the time a standby charge was established were followed, the board of directors may, by resolution, continue the charge pursuant to this section in successive years at the same rate. If new, increased, or extended assessments are proposed, the board shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code.
A district may elect to have the assessments for the fiscal year collected on the tax roll in the same manner, by the same persons and at the same time as, together with and not separately from, its general taxes. In that event, it shall cause a written report to be prepared and filed with the secretary which report shall contain a description of each parcel of real property and the amount of the assessment for each parcel for the year.
31032.2.
The secretary shall cause notice of the filing of the report and of a time and place of hearing thereon to be published, pursuant to Section 6066 of the Government Code, prior to the date set for hearing, in a newspaper of general circulation printed and published within the district, if there is one and if not then in such paper printed and published in the county, and shall cause a notice in writing of the filing of the report to be mailed to each person to whom any parcel or parcels of real property described in such report is assessed in the last equalized assessment roll available on the date the report is prepared, at the address shown on the assessment roll or as known to the secretary.
31032.3.
At the time stated in the notice, the board shall hear and consider all objections or protests, if any, to the report referred to in the notice and may continue the hearing from time to time. Upon the conclusion of the hearing, the board may adopt, revise, change, reduce or modify an assessment or overrule any or all objections. The board shall make its determination upon each assessment as described in the report which determination shall be final. The board may make appropriate adjustments that may be necessary as a result of the equalization of the assessment roll subsequent to the filing of the report.
31032.4.
On or before t he 10th day of August of each year following such final determination, the secretary shall file with the county auditor a copy of the report with a statement endorsed thereon over his signature that it has been finally adopted by the board and the auditor shall enter the amounts of the assessment against the respective lots or parcels of land as they appear on the current assessment roll. If a district collects taxes pursuant to Chapter 3 (commencing with Section 31730), Part 7 of this division, the secretary shall file the report with the collector.
31032.5.
The amount of the assessments shall constitute a lien against the lot or parcel of land against which the assessment has been imposed as of noon on the first Monday in March immediately preceding the date of levy.
31032.6.
The county tax collector or district collector shall include the amount of the assessments on bills for taxes levied against the respective lots and parcels of land.
Thereafter the amount of the assessments shall be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the district, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties. All laws applicable to the levy, collection and enforcement of general taxes of the district, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to such assessments.
31032.7.
In the event a district does not elect to collect such assessments with the general taxes of the district, it may issue separate bills payable in the time and manner designated by the board.
31032.8.
A district may provide for a basic penalty of not more than 6 percent for nonpayment of the assessment within the time and in the manner prescribed by it, and in addition may provide for a penalty of not exceeding one-half of 1 percent per month for nonpayment of the assessment and basic penalty. It may provide for collection of the penalties herein provided for.
31032.9.
Any district may make the election specified in Section 31032.1 with respect only to delinquent assessments and may do so by preparing and filing the written report, giving notice and holding the hearing therein required only as to such delinquencies.
ATTACHMENT D
Mailed Notice of Public Hearing
on Water Standby Charges -
WID 1
CITY OF
VICTORVILLE
760.955.5000
FAX 760.236.0013
[email protected]
http://victorvilleca.gov
14343 Civic Drive
P.O. Box 5001
Victorville, California 92393-5001
NOTICE OF PUBLIC HEARING ON WATER STANDBY CHARGES
Since 1975, Victorville Water District, Water Improvement District Number One (the " District", formerly known as the Victor Valley Water District) has charged water standby charges (the " Charges"). These Charges, not to exceed Ten Dollars ($10.00) for each acre of land, or Ten Dollars ($10.00) for each parcel of land less than an acre within the District, are authorized by Section 31031 of the State Water Code. The District is fixing, levying, and collecting these Charges (at the same rate as last year) as to all parcels within the District for which water service facilities have been constructed within close proximity thereto.
1. THE DISTRICT BOARD OF DIRECTORS MADE THE FOLLOWING DETERMINATIONS for Fiscal Year 2024-2025.
a. All properties within the District which are within six hundred and sixty (660) feet of an existing District facility and not presently connected to the District’s water system, unless specifically exempted by the Board of Directors, will be charged. b. The 2024-2025 Charges will be Ten Dollars ($10.00) for each acre of land, or Ten Dollars ($10.00) for each parcel of land less than an acre within the District.
2. A WATER STANDBY ASSESSMENT REPORT (“Report”) has been prepared and filed with the District Secretary. The Report contains a description of each parcel of real property and the amount of the Charges for each parcel for the Fiscal Year 2024-2025. The Report is available for inspection at City Hall, located at 14343 Civic Drive, Victorville, California. The Report will also be available on the City’s website at www.victorvilleca.gov/government/legally-required-postings.
3. A PUBLIC HEARING ON WATER STANDBY ASSESSMENTS will be held before the District Board of Directors at City Hall, located at 14343 Civic Drive, Victorville, California, on Tuesday, May 21, 2024, at 6:00 p.m., or as soon thereafter as the matter may be heard. At this hearing, the Board of Directors shall hear and consider all comments regarding the assessments. At the conclusion of the Public Hearing, the Board may adopt, revise, or reduce an assessment.
Any person may appear at the Public Hearing in person and be heard on the proposed item. If you are unable, or do not desire to attend the Public Hearing, you may submit written comments in favor of or in opposition to the item to the City Clerk via email to [email protected] no later than 4:00 p.m. on May 21, 2024; or by mail, to City Clerk, 14343 Civic Drive, Victorville, CA 92392.
Any persons wishing to challenge the decision on the above item in court may be limited to raising only those issues they or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the City of Victorville at, or prior to, the Public Hearing.
4. NOTE: All Charges will be entered upon the annual tax statement levied upon the land subject to the standby charge and the same will constitute a lien on that land and collected in the same manner as general taxes pursuant to Section 31032.6 of the State Water C ode. DO NOT SEND PAYMENT TO THE DISTRICT OFFICE.
THIS NOTICE IS GIVEN pursuant to State Water Code Section 31032.2.
ATTACHMENT E
Mailed Notice of Public Hearing
on Water Standby Charges -
WID 2
CITY OF
VICTORVILLE
760.955.5000
FAX 760.236.0013
[email protected]
http:// victorvilleca.gov
14343 Civic Drive
P.O. Box 5001
Victorville, California 92393-5001
NOTICE OF PUBLIC HEARING ON WATER STANDBY CHARGES
Since 1969, Victorville Water District, Water Improvement District Number Two (the " District", formerly known as the Baldy Mesa Water District) has charged water standby charges (the " Charges"). These Charges, not to exceed Thirty Dollars ($30.00) per year for each acre of land, or Thirty Dollars ($30.00) per year for each parcel of land less than an acre within the District, are authorized by Section 31032.1 of the State Water Code. The District is fixing, levying, and collecting these Charges (at the same rate as last year) as to all parcels within the District for which water service facilities have been financed and constructed.
1. THE DISTRICT BOARD OF DIRECTORS MADE THE FOLLOWING DETERMINATIONS for Fiscal Year 2024-2025.
a. All properties within the District, unless specifically exempted by the Board of Directors, will be charged.
b. The 2024-2025 Charges will be Fifteen Dollars ($15.00) for each acre of land or Fifteen Dollars ($15.00) for each parcel for land less than an acre within the District.
2. A WATER STANDBY ASSESSMENT REPORT (“Report”) has been prepared and filed with the District Secretary. The Report contains a description of each parcel of real property and the amount of the Charges for each parcel for the Fiscal Year 2024-2025. The Report is available for inspection at City Hall, located at 14343 Civic Drive, Victorville, California. The Report will also be available on the City’s website at www.victorvilleca.gov/government/legally-required-postings.
3. A PUBLIC HEARING ON WATER STANDBY ASSESSMENTS will be held before the District Board of Directors at City Hall, located at 14343 Civic Drive, Victorville, California, on Tuesday, May 21, 2024, at 6:00 p.m., or as soon thereafter as the matter may be heard. At this hearing, the Board of Directors shall hear and consider all comments regarding the assessments. At the conclusion of the Public Hearing the Board may adopt, revise, or reduce an assessment.
Any person may appear at the Public Hearing in person and be heard on the proposed item. If you are unable, or do not desire to attend the Public Hearing, you may submit written comments in favor of or in opposition to the item to the City Clerk via email to [email protected] no later than 4:00 p.m. on May 21, 2024; or by mail, to City Clerk, 14343 Civic Drive, Victorville, CA 92392.
Any persons wishing to challenge the decision on the above item in court may be limited to raising only those issues they or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the City of Victorville at, or prior to, the Public Hearing.
4. NOTE: All Charges will be entered upon the annual tax statement levied upon the land subject to the standby charge and the same will constitute a lien on that land and collected in the same manner as general taxes pursuant to Section 31032.6 of the State Water C ode. DO NOT SEND PAYMENT TO THE DISTRICT OFFICE.
THIS NOTICE IS GIVEN pursuant to State Water Code Section 31032.2.
Item Number: 18
City Council / Board of Directors
Written Communications
Meeting of: May 07, 2024
Submitted By:
C. Eric Ray, Airport Director
Subject:
Approve Amendment Three to the General Services Provider Standard Agreement for Qualified Fence Contractor, Project CC23-028
Recommendation:
That the Southern California Logistics Airport Authority Board of Directors:
(1) Approve Amendment Three to the General Services Provider Standard Agreement to Dantin Enterprises Inc., DBA All American Fence Erectors, for Qualified Fence Contractor, Project CC23-028, increasing the total not to exceed compensation by $50,000 to $175,000.
Fiscal Impact:
This Amendment requires no additional budget appropriation. Funds of $360,000 are currently budgeted in Airport Operations Account 4500125-52440 for Infrastructure Repairs. $234,192.09 has been spent or encumbered to date on Infrastructure Repairs, leaving an available budget amount of $125,807.91, which is sufficient to accommodate the proposed Amendment Three increase of $50,000.
The budget is outlined below:
Current Budget
Revenue Expense
4500125-52440 Infrastructure Repairs 0 $125,807.91
Strategic Plan Goal:
Goal E. Invest in Infrastructure: Amendment Three provides for Airport infrastructure to be maintained.
5 9
3 Background:
As required by the TSA and FAA (CFR 139.335), the Southern California Logistics Airport (“SCLA”) follows Federal guidelines to restrict access to the Airfield Operations Area (“AOA”). SCLA utilizes badge-controlled access gates and perimeter fencing as part of its plan to restrict access to the AOA. The AOA comprises approximately 2100 acres, with fencing and badge-controlled buildings surrounding the entire AOA. Additional fencing is installed outside the AOA along Air Expressway and other areas in the vicinity of the Airport.
Portions of fencing that surround the AOA exist near roadways that are accessible to the public at all hours. When a vehicle collides with the fence that protects the AOA, the breach must be secured by the SCLA Operations team and the SCLA’s contracted security provider until the breach is repaired. Restoring an AOA fence breach becomes a top priority when an incident occurs, and having a qualified fencing contractor on call to perform the work is critical to maintaining AOA access restriction continuity.
At the start of fiscal year 2023-2024, the SCLA issued Amendment One to All American Fence Erectors (“All American”) to perform fence repair and installation services for a not to exceed amount of $100,000. A budgeted and planned fence relocation project was completed in July of 2023, and based on historical fence expenses, staff felt confident that the remaining funds on Amendment One would be sufficient to handle unplanned fence work for the rest of the 2023-2024 fiscal year. However, multiple traffic incidents occurred since July 2023 that breached fencing along Air Expressway and the AOA, which necessitated staff in January 2024 to request Amendment Two to the Agreement with All American to increase the not to exceed compensation amount to $125,000. Staff felt confident that this amount was sufficient to handle unexpected expenses for the remainder of the fiscal year.
However, further unprecedented incidents have since occurred that require fence repairs to be made that will bring the total compensation amount paid to All American near the $125,000 amount, thus leaving insufficient funds on the Agreement should a major incident occur before July 2024. Staff seeks to proactively amend the current Agreement amount to avoid a potential emergency where a fence breach needs repairs but the remaining funds on the Agreement are not sufficient to accommodate the repairs.
Discussion:
The requested Amendment Three compensation increase amount of $50,000 is within the City Manager’s authority to approve. However, Amendment Three brings the total compensation to $175,000, which requires the approval of the Southern California Logistics Airport Authority Board of Directors. Amendment Three presented herein is compliant with City of Victorville Municipal Code §2.28.060. Staff recommends that the Honorable Southern California Logistics Airport Authority Board of Directors approve Amendment Three to the General Services Provider Standard Agreement with All American for Qualified Fence Contractor, Project CC23-028, in the amount not to exceed $175,000.
5 9
3 Staff remains available for any questions or comments you may have.
CER/see
Attachments: Attachment A – Site Map
Attachment B – General Services Provider Standard Agreement Amendment Three
ATTACHMENT A
SITE MAP
26A
31A
31B
31C
1 2
5 6
6A
8 10
12 15A 14A 14B
14C14D15B
16 17E
17A 17C
18 19
20A
21B
22B22A
23A
23B
23C
24A
24B
25B
26B
26C 27
28 29A
29B
29C
30 4
3 7
9 11
13 17B
17D
20B
21A
24C
25A
26D
771
747746756
Pump
House
2 868869
720 744
739
738
733
732
734731
723
724
Fire
Dept
700
ATC
692
691
695
717
728
683
681
678676
682 A
B
C
685
A
B
C879
MILLION
AIR
GSE
867
867A
686
GE
560
562
553652
DR
PEPPER
FUEL
FARM
Pump
House
1 888889
STORAGE AREA
WASTE WATER
PLANT
FORGE SITE
GLIDE SLOPE / AWOS
VOR
LOCALIZER
SCLA AOA FENCE SITE MAP
ATTACHMENT B
GENERAL SERVICES PROVIDER
STANDARD AGREEMENT
AMENDMENT THREE
General Services Provider Standard Agreement/ Dantin Enterprises Inc. dba All American Fence Erectors/Project CC23- 028/Amendment 3 Page 1 of 3
AMENDMENT NUMBER: THREE
TO
GENERAL SERVICES PROVIDER STANDARD AGREEMENT
BY AND BETWEEN
THE SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
AND
DANTIN ENTERPRISES, INC. DBA
ALL AMERICAN FENCE ERECTORS
FOR
QUALFIED FENCE CONTRACTOR, PROJECT CC23-028
THIS AMENDMENT (the “Amendment”) is made and entered into this ____ day of _______ 2024, by and between the Southern California Logistics Airport Authority, a joint powers authority, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California (hereinafter referred to as “SCLAA”), and All American Fence Erectors, a California corporation, hereinafter referred to as “Service Provider.” The SCLAA and Service Provider are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties”.
Recitals
1. WHEREAS, SCLAA has a General Services Provider Standard Agreement (hereinafter referred to as the “Original Agreement”) with the Service Provider to provide a Qualified Fence Contractor; and
2. WHEREAS, on or about May 12, 2023, Amendment One (1) was issued to the Original Agreement to amend Section 3., Compensation, to revise the total annual not to exceed sum from $50,000.00 to $100,000.00; Section 4., Fee Schedule is amended to include additional services as set forth in the Service Provider’s Bid Proposal; and Section 6., Term of the Agreement is amended to exercise Option 1 of 4 one-year periods, amending the term to commence July 1, 2023 and expire June 30, 2024; and
3. WHEREAS, on or about January 22, 2024, Amendment Two (2) was issued to the Original Agreement to increase Section 3., Compensation by $25,000, thereby increasing the total annual not to exceed sum from $100,000.00 to $125,000.00; and
4. WHEREAS, it is the desire of the Parties to issue Amendment Three (3) to the Original Agreement to increase Section 3., Compensation by $50,000, thereby increasing the total annual not to exceed sum from $125,000.00 to $175,000.00; and
5. 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 are willing to amend the Original Agreement as stated below.
General Services Provider Standard Agreement/ Dantin Enterprises Inc. dba All American Fence Erectors/Project CC23- 028/Amendment 3 Page 2 of 3
Contract Amendment
Section 3. – COMPENSATION – is amended as follows:
“The SCLAA shall pay a total annual sum not to exceed One Hundred Seventy-five Thousand and 00/100 dollars ($175,000.00) for the services to be rendered by Service Provider pursuant to this Agreement, subject to the provisions of Section 4, below.”
Except as amended herein, the terms and conditions of the Original Agreement and all previous amendments remain in full force and effect.
(SIGNATURES ON NEXT PAGE)
General Services Provider Standard Agreement/ Dantin Enterprises Inc. dba All American Fence Erectors/Project CC23- 028/Amendment 3 Page 3 of 3
IN WITNESS WHEREOF, the parties hereto have caused the A mendment to the Original Agreement to be entered as of the dates written below.
PARTY OF THE FIRST PART PARTY OF THE SECOND PART
SOUTHERN CALIFORNIA LOGISTICS DANTIN ENTERPRISES, INC. DBA
AIRPORT AUTHORITY ALL AMERICAN FENCE ERECTORS
By: ______________________________ By: __________________________ Elizabeth Becerra, Justin Noss,
Authority Chairman Vice President
Dated: ___________________________ Dated: _______________________
ATTEST
By: ______________________________
Jennifer Thompson,
Authority Secretary
Dated:______________________________
By: ________________________________
Sandra Bostick,
Authority Risk Manager
Dated:______________________________
APPROVED AS TO STANDARD FORM
By: ______________________________
Andre de Bortnowsky,
Authority Legal Counsel
Dated:_____________________________
Item Number: 19
City Council / Board of Directors
Written Communications
Meeting of: May 7, 2024
Submitted By:
Donna Meester, Director of Community Services
Subject:
Award of Construction Agreement with Shade Structures, Inc. DBA USA Shade & Fabric Structures, for the Brentwood Shade Structure Purchase and Installation, Project ESC24- 094, CMAS Contract Number 4-22-11-1011
Recommendation:
That the Honorable City Council approve a Construction Agreement in the amount not to exceed $151,603.54 with Shade Structures, Inc. DBA USA Shade & Fabric Structures for the Brentwood Shade Structure Purchase and Installation, Project ESC24-094.
Fiscal Impact:
Acting in accordance with the staff recommendation will result in a fiscal impact of $151,603.54. The Prop 68 Per Capita Grant provided by the State of California will help fund 65% of this project. The remainder of the project will be funded from Measure P (Fund 105) and the General Fund (Fund 100). Below is a summary of the allocation of funds.
Strategic Plan Goal:
The City of Victorville Strategic Plan 2023-2026 identifies multi-year strategic goals and various strategies to work toward achieving those goals. The Brentwood Park Shade Structure Project assists in achieving the following: Goal E, Invest in Infrastructure, create a healthy and livable community by maintaining the city’s assets through investment in infrastructure and innovations; Strategy 7, implement priority projects identified in the Parks and Recreation Master Plan.
Account Funds
2706050-55070-81012 $97,601.17
1056050-55070-81012 $50,000.00
1006050-55070-81012 $4,002.37
Total $151,603.54
3 6
1 1
Background:
In December 2020, Council adopted the City’s Park and Recreation Master Plan (Master Plan). The Master Plan recommends the addition of shade and shade structures at City parks to protect the community from rising temperatures in the summer months.
The City was previously awarded a Prop 68 Per Capita Grant for improvements at Brentwood Park. In February 2023, our Parks Division was forced to cut down numerous diseased trees at Brentwood Park (Attachment A) leaving the community with no shade near the new playground area (also funded by the Prop 68 Per Capita Grant).
In January 2024, staff reached out to Shade Structures, Inc. DBA USA Shade & Fabric Structures and Miracle Playground Sales for quotes. During the process, Shade Structures, Inc., was found to have a cooperative agreement (co-op) with the California Municipal Award Schedules (CMAS).
CMAS offers a wide variety of commodities, non-IT Services, and information technology products and services at prices which have been assessed to be fair, reasonable, and competitive. The CMAS Program creates a pool of suppliers that an agency can solicit offers from. When utilized correctly, CMAS streamlines the procurement process. This form of procurement differs from the competitive bid process. CMAS contracts are established using products, services, and prices from already existing, competitively assessed and cost compared multiple award contracts.
The products, services, and prices are primarily from the federal General Services Administration (GSA) multiple award schedule program, but not exclusively. To these products, services, and prices, we add California contract terms and conditions, procurement codes and policies, and establish a totally independent California contract.
The contracts are utilized statewide by both California state and local government agencies under delegated authority from the Department of General Services. This assists Agencies with making best value purchasing decisions accordingly.
Discussion:
In January 2024, Shade Structures Inc. provided a proposal and informed staff that they were a part of a co-op agreement through CMAS. This information was submitted and confirmed by the Purchasing Division of the Finance Department. Purchases through a cooperative purchasing arrangement, specifically with CMAS, are allowed in accordance with Section 2.28.120(a)(2) of the Victorville Municipal Code.
The proposal includes the furnishing, delivery, and installation of three fabric shade structures at Brentwood Park. A photo of the park site with proposed shade structure placement, as well as a photo of the contemplated shade structure, have been included as Attachment A. The proposal, which staff believe is fair and responsive to the project needs, can be found in Exhibit A of the attached Construction Agreement (Attachment B). 3 6
1 1
Staff recommends that the City Council award a Construction Agreement to Shade Structures, Inc. DBA USA Shade & Fabric Structures for the Brentwood Shade Structure Purchase and Installation, Project ESC24-094, in the amount not to exceed $151,603.54.
Staff is available for questions.
Attachments: A. Photos
B. Construction Agreement
Attachment A
Attachment B
1 Construction Agreement/Shade Structures, Inc. dba SA Shade & Fabric Structures/Project ESC24- 094
CONSTRUCTION AGREEMENT
BY AND BETWEEN
THE CITY OF VICTORVILLE
AND
SHADE STRUCTURES, INC. DBA
USA SHADE & FABRIC STRUCTURES
FOR
FURNISH, DELIVER, AND INSTALL FABRIC PANEL PLAYGROUND
EQUIPMENT SHADE STRUCTURE, PROJECT ESC24-094,
CMAS CONTRACT NUMBER 4-22-11-1011
THIS CONSTRUCTION AGREEMENT (the “Agreement”) dated this __________________ day of ______________, 2024, for reference purpose only, is made and entered into by and between the City of Victorville, a municipal corporation located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, and USA Shade & Fabric Structures, a Delaware corporation, hereinafter referred to as the “Contractor”. The City and the Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”
RECITALS:
WHEREAS, the City requires Furnish, Deliver, and Install Fabric Panel Playground Equipment Shade Structure, Project ESC24-094 (the Project); and
WHEREAS, the Fabric Panel Playground Equipment Shade Structure has been made available through the California Multiple Award Schedule (CMAS) under the contract number 4 -22-11-1011 which is in affect through September 30, 2027 and attached herein as Exhibit B; and
WHEREAS, in light of the facts set forth above, the City desires to retain Contractor in connection with Furnish, Deliver, and Install Fabric Panel Playground Equipment Shade Structure; and
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth herein.
Section 2. TERM OF AGREEMENT
This Agreement shall commence within Fifteen ( 15) Calendar Days after issuance of Notice to Proceed (the “Commencement Date”) and shall terminate upon completion of the Project One Hundred Twenty (120) Calendar Days after Commencement Date (the “Termination Date”), unless sooner terminated in accordance with the provisions of this Agreement (the “Term”).
From and after the Termination Date, and upon subsequent agreement by the Parties, this 2 Construction Agreement/Shade Structures, Inc. dba SA Shade & Fabric Structures/Project ESC24- 094
Agreement may continue on a month- to-month basis until terminated pursuant to Section 3 below.
Section 3. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of s uch termination or suspe nsion. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.
Section 4. CONTRACT DOCUMENTS; PRIORITY
a. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference .
Said Contact Documents are intended to be correlative and constitute Contractor’s performance obligations:
1. This Agreement.
2. Exhibits A & B.
3. Faithful Performance and Payment Bond.
b. Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of precedence (from highest to lowest), as set forth in Subsection 4.a above shall control.
Section 5. CONTRACTOR’S OBLIGATIONS
Contractor shall complete the Project as specifically set forth in the Contract Documents.
Contractor shall furnish, at its own cost and expense, all labor, services, material, tools, equipment, supplies, transportation, and any other items and facilities necessary therefore, as provided in the Contract Documents.
Section 6. COMPENSATION
The Contractor agrees to receive and accept the following amount, not to exceed One Hundred Fifty-one Thousand Six Hundred Three and 54/100 Dollars ($151,603 .54), as full compensation for furnishing; all materials, doing all the work contemplated and embraced in this contract, all loss or damage arising out of the nature of the work aforesaid, the action of the elements, any unforeseen difficulties or obstructions w hich may arise or be encountered in the execution of the work until its acceptance by the City, and for all risks of every description connected with the work, all expenses incurred by or in consequence of the suspension or discontinuance of work well and faithfully completing the whole work, thereof, according to the requirements of the agreement documents and to the satisfaction of Donna Meester, Director of 3 Construction Agreement/Shade Structures, Inc. dba SA Shade & Fabric Structures/Project ESC24- 094
Community Services, or her designee, to wit: See Exhibit “A”, Scope of Work.
Section 7. COST PROPOSAL FORMS
The City shall pay Contractor as provided in the Cost Proposal Forms, attached hereto as Exhibit “A”, and incorporated herein by this reference as though set forth in full, subject to approval of the City, when applicable.
Section 8. PREVAILING WAGES
a. 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. Contractor and its 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, Furnish, Deliver, and Install Fabric Panel Playground Equipment Shade Structure, and any other work or services described in or encompassed by California Labor Code (“Labor Code”) Sections 1720 through 1720.9, 1771, and 1772. Contractor 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 Contractor 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 Contractor Not Determinative. For purposes of this Agreement, Contractor and its subcontractors shall be subject to and shall com ply 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 Contractor.
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 and the terms of Exhibit “A” of this Agreement, the provisions of this Section shall control and nothing herein shall be considered as an acceptance of the terms of Contractor ’s Scope of Services, scope of work, bid proposal, cost proposal, and/or fee schedule which conflict with the provisions of this Section.
d. Payroll Records. Contractor and its 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 Construction Agreement/Shade Structures, Inc. dba SA Shade & Fabric Structures/Project ESC24- 094
(1) Contractor and Subcontractor Obligations. Contractor and each 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) Contractor or 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, Contractor or subcontractor has ten days in which to comply with the requirements of this section. If Contractor or subcontractor fails to do so within the ten- day period, Contractor or 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 Contractor.
(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. Contractor 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, Contractor is required to post all Job Site notices, including prevailing wage rates and other notices, as required by regulation.
g. Other Labor Requirements . Contractor 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. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor shall require the same of all its 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 Construction Agreement/Shade Structures, Inc. dba SA Shade & Fabric Structures/Project ESC24- 094
(1) Pursuant to Labor Code section 1775, the Contractor and any subcontractor 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 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 Contractor.
(2) Pursuant to Labor Code Section 1813, Contractor or subcontractor 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 Contractor or 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, the Agreement for this Project is subject to compliance monitoring and enforcement by the DIR.
j. DIR Registration . Pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Agreement, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code Sections 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this Agreement is entered in to and maintain registration for the duration of the Project.
Section 9. W ORKERS’ COMPENSATION INSURANCE
Contractor shall procure and maintain, at its own expense, during the Term of this Agreement, workers’ compensation insurance, providing coverage as required by the California State Workers’ Compensation Law. If any class of employees employed by Contractor is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City.
In conformance with current statutory requirements of Section 1860 et seq., of the Labor Code of the State of California, the undersigned confirms the following as their certification:
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.
Section 10. NOTICE TO PROCEED
No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City.
Contractor shall commence work pursuant to the Contract Documents as directed by the City in the Notice to Proceed, and to diligently execute the same to completion within the time limits set forth 6 Construction Agreement/Shade Structures, Inc. dba SA Shade & Fabric Structures/Project ESC24- 094
in the Contract Documents.
Section 11. COMPLIANCE WITH LAWS
Contractor shall comply with all local, state, and federal laws and regulations applicable to the performance of the work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses shall be held or obtained by the Contractor at its sole expense.
Section 12. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY
INSURANCE
Contractor shall procure and maintain at its own expense, during the term of this Agreement, com mercial general liability insurance, of not less than Two Million Dollars ($2,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers, and agents and independent contractors.
Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) Combined Single Lim it, covering any vehicle(s) utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the services required by this Agreement.
Section 13. COURSE OF CONSTRUCTION/INLAND MARINE INSURANCE
Contractor, and or any of its subcontractors, suppliers, vendors, employees, or person whom it performing any work under this agreement shall purchase, and maintain insurance to the full contract and insurable value thereof commonly referred to as a Course of Construction, Builders’ Risk, or an Inland Marine policy that offers “Installation” coverage for all materials, supplies, equipment, and property obtained by, or for Contractor, which is to become part of the work while such equipment and property is stored at the jobsite, at temporary locations, or while in transit to the project from such temporary locations. Contractor, and or any of its subcontractors, suppliers, vendors, employees, or person whom is performing any work under this agreement shall also be responsible for insuring their owned, leased/rented or borrowed equipment. Insurance should also include a Loss Payee, and a Waiver of Subrogation Endorsement(s) in favor of the City of Victorville.
Section 14. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers, and agents and independent contractors, including, without limitation, the City Attorney, are named as Additional Insureds.
7 Construction Agreement/Shade Structures, Inc. dba SA Shade & Fabric Structures/Project ESC24- 094
Section 15. WAIVER OF SUBROGATION RIGHTS
Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its officers, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
Section 16. PROOF OF INSURANCE COVERAGE; REQUIRED PRIOR TO
COMMENCEMENT OF SERVICES
a. Contractor shall secure from a good and responsible company or companies authorized to do insurance business in the State of California the policies of insurance required by this Agreement and furnish to the City Clerk certificates of said insurance at least one (1) day prior to the commencement of any services to be performed under this Agreement.
b. The certificates of insurance shall bear an endorsement whereby it is provided that, in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of non -payment, ten (10) days’ advance written notice shall be given.
c. The certificates of insurance shall bear an endorsement whereby it is provided that the respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.
d. The certificates of insurance shall indicate that the respective insurance policy will be maintained throughout the Term of this Agreement.
e. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.”
Section 17. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 18. INDEMNIFICATION
Notwithstanding the limits of any insurance, Contractor shall indemnify the City, its officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or 8 Construction Agreement/Shade Structures, Inc. dba SA Shade & Fabric Structures/Project ESC24- 094
liabilities arising or alleged to arise from the negligence or willful misconduct of the City its officials, officers, agents, volunteers or employees, and in connection therewith:
a. Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
b. Contractor will promptly pay any judgment rendered against the City, its officials, officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officials, volunteers, officers, agents, and employees harmless there from;
c. In the event the City, its officials, officers, agents, volunteers or employees is made a Party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City;
d. Contractor's duty to defend and indemnify as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time;
The Contractor's indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.
Section 19. REPORTS
Upon request by Donna Meester, Director of Community Services, or her designee, Contractor shall prepare and submit reports concerning Contractor's performance of the work required by this Agreement.
Section 20. RECORDS
a. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Donna Meester, Director of Community Services, or her designee, to evaluate the cost and the performance of such services.
9 Construction Agreement/Shade Structures, Inc. dba SA Shade & Fabric Structures/Project ESC24- 094
b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles . Donna Meester, Director of Community Services, or her designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
c. Donna Meester, Director of Community Services, or her designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid t o Contractor hereunder shall be retained by Contractor and made available to Donna Meester, Director of Community Services , or her designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.
Section 21. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both Parties.
Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Agreement.
b. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement and the Contract Documents.
c. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.
Section 23. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.
Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Notwithstanding the foregoing, the Parties agree that Exhibit “A” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Construction Agreement and Exhibit “A” the terms of this Construction Agreement shall control and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this Construction Agreement.
10 Construction Agreement/Shade Structures, Inc. dba SA Shade & Fabric Structures/Project ESC24- 094
Section 24. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To the City: Donna Meester, Director of Community Services, Community Services Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Contractor: Rob Blakely, Senior Vice President
Shade Structures, Inc. dba
USA Shade & Fabric Structures
P.O. Box 3467
Coppell, TX 75019
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 25. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer or employee of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
Section 26. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Agreement and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Agreement based on such consultation.
Section 27. CARE OF WORK
Contractor must adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by the City, except those losses or damages as may be caused by the City’s own negligence. The performance of the work by Contractor or the payment of money by the City shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor.
11 Construction Agreement/Shade Structures, Inc. dba SA Shade & Fabric Structures/Project ESC24- 094
Section 28. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 29. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.
Section 30. GENDER; PLURAL
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 31. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 32. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 33. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 34. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 35. ATTORNEY'S FEES
Should any litigation, specifically including but not limited to, arbitration and other non- judicial resolution of disputes be commenced between the Parties to this agreement concerning 12 Construction Agreement/Shade Structures, Inc. dba SA Shade & Fabric Structures/Project ESC24- 094
this agreement or the rights and duties of either i n relation thereto, the Parties prevailing in such litigation or other proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney fees in such litigation where the proceeding which, if not agreed upon by the Parties, shall be determined by the court or other entity in which such litigation or other proceeding is brought.
Section 36. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Contractor , approved by the City’s Risk Manager, and executed by the authorized City personnel or Mayor.
Section 37. REPRESENTATIONS OF PARTIES AND PERSONS
EXECUTING AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 38. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.
(END OF THIS PAGE)
13 Construction Agreement/Shade Structures, Inc. dba SA Shade & Fabric Structures/Project ESC24- 094
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
THE CITY OF VICTORVILLE SHADE STRUCTURES, INC. DBA
USA SHADE & FABRIC STRUCTURES
By:_______________________________ By:_________________________________ Eliabeth Becerra, Rob Blakely,
Mayor Senior Vice President
Dated:______________________________ Dated:______________________________
ATTEST
By:________________________________
Jennifer Thompson,
City Clerk
Dated:_____________________________
THE CITY OF VICTORVILLE
By:________________________________
Sandra Bostick,
Risk Manager
Dated:______________________________
APPROVED AS TO STANDARD FORM
By:________________________________
Andre de Bortnowsky,
City Attorney
Dated:_____________________________
14 Construction Agreement/Shade Structures, Inc. dba SA Shade & Fabric Structures/Project ESC24- 094
EXHIBIT A
SCOPE OF WORK/COST PROPOSAL
See Attachment
www.usa-shade.com | 800-966-5005
Brentwood Park Playground Shade
3/21/2024
Pricing valid for 30 days
CMAS Proposal
Proposal Prepared For:
City of Victorville
14973 Joshua Street
Victorville, CA 92394
AZ: 289388 CA: 989458 LA: 61718 NV:78724
NM: 383826 TN: 68712 DIR: 1000003533
EXHIBIT A, SCOPE OF WORK/COST PROPOSAL, PROJECT ESC24-094 15/Construction Agreement/Shade Structures, Inc. dba SA Shade & Fabric Structures/Project ESC24-094 Date: 3/21/2024
Purchaser: Contact: Sales Rep:
Project Name: Phone: Phone:
Quote No: Email: Email:
PO No: Fax: Fax:
Contact: Contact: Contact:
Phone Phone Phone
Email: Email: Email:
Fax: Fax: Fax:
CORPORATE ADDRESS: REMITTANCE ADDRESS:
2580 Esters Blvd., Suite 100 P.O. Box 734158
DFW Airport, TX 75261 Dallas, TX 75373-4158
SOUTHERN CALIFORNIA: NORTHERN CALIFORNIA: ARIZONA: LAS VEGAS:
1085 N. Main Street, Suite C 927 Enterprise Way, Suite A 2452 W. Birchwood Ave, Suite 112 6225 S. Valley View Blvd., Suite I Orange, CA 92867 Napa, CA 94558 Mesa, AZ 85202 Las Vegas, NV 89118 NOTE: This message is intended only for the use of the individual to whom it is addressed, and contains information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any unauthorized disclosure, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by phone and return the original message to the applicable address above.
MAILING ADDRESS:
P.O. Box 3467
Coppel, TX 75019
(760) 995-6043 (714) 427-6981 (760) 995-6043
[email protected] [email protected] [email protected] 92394 92867 92392
Eddie Gleason Construction Dept. Eddie Gleason
Victorville Orange Victorville
CA CA CA
City of Victorville SOUTHERN CALIFORNIA Brentwood Park
14973 Joshua Street 1085 N. Main Street, Suite C 14026 Hook Blvd (214) 905-9514
Billing Information: Shipping Information: Jobsite Information:
Brentwood Park Playground Shade (760) 995-6043 (760) 250-7824 CA1122AD00681-R3 [email protected] [email protected] Proposal for USA SHADE & Fabric Structures
Project Information: Sales Information:
City of Victorville Eddie Gleason Ashley Donde
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 EXHIBIT A, SCOPE OF WORK/COST PROPOSAL, PROJECT ESC24-094 16/Construction Agreement/Shade Structures, Inc. dba SA Shade & Fabric Structures/Project ESC24-094 Structure Pricing
UNIT IMAGE
Unit Quantity: 2 Foundations By USA Shade
Unit Type: Full Hip Cantilever Grout Installation N/A
Structure Size: 18ft x 27ft Footing Type: Drilled Pier
USA Shade Model
Number 202 Base Attachment: Recessed Base Plate
Entry Height: 10ft Anchor Bolts: Included
No of Columns: 2 each Concrete Cutting: N/A
No of Fabric Tops: 1 each Dirt Removal: Included
Fabric Type: Colourshade_FR Surface Type: Dirt
Fabric Color: Blue NOTES
Steel Finish: Coastal Primer w/ Powder
Coating
Steel Color: Custom Green
Electrical Provisions: N/A
Cable/HDW Finish: Galvanized
Concept No:
UNIT IMAGE
Unit Quantity: 1 Foundations By Client Responsible
Unit Type: Full Hip Cantilever Grout Installation N/A
Structure Size: 10ft x 20ft Footing Type: Drilled Pier
USA Shade Model
Number 202 Base Attachment: Recessed Base Plate
Entry Height: 10ft Anchor Bolts: Included
No of Columns: 2 each Concrete Cutting: N/A
No of Fabric Tops: 1 each Dirt Removal: N/A
Fabric Type: Colourshade_FR Surface Type: Wood Chips
Fabric Color: Blue NOTES
Steel Finish: Coastal Primer w/ Powder
Coating
Steel Color: Custom Green
Electrical Provisions: N/A
Cable/HDW Finish: Galvanized
Concept No:
UNIT DETAILS
Includes reinforced panels along the ridge and rafter
for high wind and sand conditions
Area 1 & 3
UNIT DETAILS
Includes reinforced panels along the ridge and rafter
for high wind and sand conditions
Area 2
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 EXHIBIT A, SCOPE OF WORK/COST PROPOSAL, PROJECT ESC24-094 17/Construction Agreement/Shade Structures, Inc. dba SA Shade & Fabric Structures/Project ESC24-094
QTY UNIT TOTAL
2 Each $22,030.76
1 Each $6,987.34
148 PER SFT $1,266.88
$8,500.00
$38,784.98
$3,393.69
6 EACH $8,577.42
12 PER CY $2,928.96
456 PER HR $49,868.16
120 PER HR $16,285.20
8 PER HOUR $874.88
36 PER HR $6,166.08
3 PER LOAD $3,083.13
1 PER DAY $2,141.06
1 PER WEEK $770.78
1 PER WEEK $2,141.06
1 PER WEEK $2,141.06
24 PER HR $6,474.48
1 $2,972.60
$5,000.00
TOTAL $151,603.54
INCLUDED EXCLUDED INCLUDED EXCLUDED
Payment & Performance Bond $2,972.60
$8.56
Scissor Lift $770.78
$109.36
Rebar Cage
Ready Mix Concrete
Laborer, Journeyman
Ironworker, Journeyman
Project Management
Site Assessment
FABRIC REINFORCEMENTS
FULLHIPCANTIS27X18X10 Full Cantilever Hip 10ft x 20ft x 10ft $6,987.34 Sealed Drawings & Calculations
Wind Load 115 mph
Dirt Removal and Disposal
Concrete Pump
Reach Fork up to 8k
Skid Steer with Auger
ENGINEERING REQUIREMENTS NOTES
NSP (Non Specifically Priced) Overnight / Per Diem
USA SHADE reserves the right to implement a surcharge for significant increases in raw materials, including the following, but not limited to: fuel, steel, fabric, and concrete. Proposal pricing is only valid for 30 days due to the fluctuation in pricing. Due to recent significant increases experienced in raw steel and fabric materials, it may be necessary to order, invoice, and receive payments for steel and fabric as soon as final sizing can be determined.
Crane: should a crane be required and direct access not available, additional costs will incur by way of a Change Order Revised Foundations: pricing based on standard drilled pier foundations; if existing site conditions and/or constraints require revised foundations (i.e. spread footing), additional costs will incur by way of a Change Order Undergrounds: existing underground utilities, irrigation, etc. to be relocated/capped by others – USA Shade will provide Dig Alert only 5 psf
Electronic
1 DSA Submittal & Fees
INCLUSIONS / EXCLUSIONS
INSTALLATION - MISCELLANEOUS
Snow Load
Drawing Size
No. of Sealed Drawings
Calculations Required
Priced per CMAS Contract Number 4-22-11-1011
ENGINEERING REQUIREMENTS
Yes
Building Code CBC 2022
Engineering $269.77
PART NUMBER
FULLHIPCANTIS27X18X10
DESCRIPTION
Full Cantilever Hip 18ft x 27ft x 10ft
Shipping and Handling
Sales Tax
Reinforced Ridge & Rafter Panels
UNIT PRICE
$11,015.38
CMAS PRICING
Taxable Subtotal
8.75%
$1,429.57
$244.08
$109.36
$135.71
$171.28
$1,027.71
$2,141.06
$2,141.06
$2,141.06
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Prevailing Wage / Certified Payroll
Union Wages
Temporary Fencing
Water and Electrical
Landscape Repair
Demolition (Existing Structures)
Special Inspection Fees
Payment and Performance Bonds
Design and Engineering of Structure
Design and Engineering of Foundation
Reactions and Loads for attachment to Walls, Rooftops, or Other Foundation Location and Elevation Survey
Permit Submittal
Permit Fee
EXHIBIT A, SCOPE OF WORK/COST PROPOSAL, PROJECT ESC24-094 18/Construction Agreement/Shade Structures, Inc. dba SA Shade & Fabric Structures/Project ESC24-094 1)
2)
3)
4)
Proposal: The above proposal is valid for 15 days from the date first set forth above. After 15 days, we reserve the right to increase prices due to the rise in cost of raw materials, fuel, or other cost increases. When applicable, USA SHADE & Fabric Structures reserves the right to implement a surcharge for significant increases in raw materials, including, but not limited to; fuel, steel, and concrete. Due to the duration of time between proposals, contracts, and final installation, USA SHADE & Fabric Structures reserves the right to implement this surcharge, when applicable.
Purchase: By executing this proposal, or submitting a purchase order pursuant to this proposal (which shall incorporate the terms of this agreement specifically by reference) which is accepted by USA SHADE & Fabric Structures (the “Company”), the purchaser identified above (“you” or the “Purchaser”) agrees to purchase Shade Structures brand shade structures (“Structures”) and the services to be provided by the Company, as detailed in the “Structure Pricing” and “General Scope of Work” sections of this agreement, above, or in the relevant purchase order accepted by the Company, for use by Purchaser or for installation by Company or Purchaser on behalf of a third-party who will be the ultimate owner of the Structures (the ultimate owner of a Structure, whether Purchaser or a third-party, being the “Owner”).
Short Ship Claims: Purchaser has 15 days from receipt of the structures to file a short ship report in writing to its sales representative. Company will not honor claims made after this time.
Standard Exclusions: Unless specifically included under the “General Scope of Work” section above, this agreement does not include, and Company will not provide, services, labor, or materials for any of the following work: (a) removal and disposal of any materials containing asbestos or any hazardous materials as defined by the EPA; (b) moving Owner’s property around the installation site; (c) repair or replacement of any Purchaser or Owner-supplied materials; (d) repair of concealed underground utilities not located on prints supplied to Company by Owner during the bidding process, or physically staked out by Owner, and which are damaged during construction during normal course of construction. 6) Barricades and public security requirements are not included. 7) Unless specifically included in this proposal, this agreement does not include, and Company will not provide, services, labor, or materials for any of the f
ollowing work: (a) removal and disposal of any materials containing asbestos or any hazardous materials as defined by the EPA; (b) moving Owner’s property around the installation site; (c) repair or replacement of any Purchaser or Owner-supplied materials; or (d) repair of damage to existing surfaces that may occur when construction equipment and vehicles are being used in the normal course of construction. 8) Pricing for foundation design is based on drilled pier footings. In the event the geotechnical report requires an alternate configuration, any additional co
sts incurred will be submitted to the client by a Change Order. 9) Digging of our foundations will not be constrained by any existing concrete or utilities. USA SHADE will not be responsible for moving or repairing any u
nderground utility lines such as electrical, telephone, gas, water, or sprinkler lines that may be encountered during installation. 10) Any additional costs incurred as a result of hard rock conditions requiring extra equipment, utility removal or repair, resulting in delay, will result in ad
ditional charges unless they are detailed on as-built site drawings provided to USA SHADE or marked on the ground and communicated to USA SHADE in writing prior to installation.
GENERAL TERMS & CONDITIONS AND WARRANTY
Construction Assumptions
1) The designated area for our structures will be accessible by drive-up for unloading of our trucks and equipment, including personnel man-lifts, forklifts, e
tc. Should a crane be required and direct access not available, additional costs for such will be submitted by a Change Order. 2) Our pricing is based on the ability to perform all of our work with clear, sequential, and continuous access without interruption during normal daytime wo
rking hours. We have assumed one mobilization for the installation of foundations, steel and fabric; if additional mobilizations are required, there will be an additional charge. We will require exclusive access to the area for our work during the construction process. 3) Our pricing does not include daily site delays accessing the work areas. USA SHADE will submit a Change Order for any delays caused by other trades wh
ich interfere or cause us to stop working.
4) We will require site sanitary facilities and refuse containers by others within 200 feet of our work. 5) USA SHADE will leave its work and materials in a clean condition at the conclusion of our work. www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 EXHIBIT A, SCOPE OF WORK/COST PROPOSAL, PROJECT ESC24-094 19/Construction Agreement/Shade Structures, Inc. dba SA Shade & Fabric Structures/Project ESC24-094 5)
6)
7)
8)
9)
10)
11)
12) Concealed Conditions: ”Concealed conditions” include, without limitation, water, gas, sprinkler, electrical and sewage lines, post tension cables, and steel rebar. This agreement is based solely on observations the Company was able to make either by visual inspection or by drawings and/or plans submitted by Owner at the time this agreement was bid. If additional Concealed Conditions are discovered once work has commenced, which were not visible at the time this proposal was bid, Company will stop work and indicate these unforeseen Concealed Conditions to Purchaser or Owner so that Purchaser and Company can execute a Change Order for any additional work. In any event, any damage caused by or to unforeseen Concealed Conditions is the sole responsibility of the Purchaser and Company shall not be held liable for any such damage. Soil conditions are assumed to be soil that does not contain any water, hard rock (such as limestone, caliche, etc.), rocks larger than 4 inches in diameter, or any other condition that will require additional labor, equipment and/or materials not specified by the Purchaser or Owner in the bidding process. Any condition requiring additional labor, equipment, and/or materials to complete the drilling or concrete operations will require a Change Order before Company will complete the process. Price quotes are based on a drilled pier footing. Any variation will incur additional charges (i.e. spread footings, concrete mat, sand, water, landfill, etc.). Costs for footing and installation do not include any allowance for extending below frost lines (the additional costs for which vary by geographical region).
Insurance Requirements: Company is not required to provide any insurance coverage in excess of Company’s standard insurance. A copy of the Company’s standard insurance is available for your review prior to acceptance of the Company’s proposal.
Payment: Terms of payment are defined in the “Pricing Details” section and are specific to this contract. For purposes of this agreement, “Completion” is defined as being the point at which the Structure is suitable for its intended use, the issue of occupancy consent, or a final building department approval is issued, whichever occurs first. Progress billing and payment will be required. All payments must be made to Shade Structures, Inc., P.O. Box 734158, Dallas, TX 75373-4158. Company may use all remedies available to it under current laws including, but not limited to, filing of liens against the property and using a collection agency or the courts to secure the collection of the outstanding debt.
Lien Releases: Upon request by Owner, Company will issue appropriate partial lien releases as corresponding payments are received from Purchaser, but prior to receiving final payment from Purchaser or Owner. Company will provide a full release of liens upon receipt of final payment. In accordance with state laws, Company reserves the right to place a lien on the property if final payment has not been received 10 days prior to the filing deadline for liens.
Site Plan Approval, Permit/s, Permit Fees, Plans, Engineering Drawings, and Surveying : Site plan approval, permits, permit fees, plans, engineering drawings, and surveying are specifically excluded from this agreement and the Services unless specified under the “General Scope of Work”. The Company does not in any way warrant or represent that a permit or site plan approval for construction will be obtained. Sealed engineered drawings that are required but not included in the “General Scope of Work” will result in an additional cost to Purchaser.
Manufacturing & Delivery: Manufacturing lead-time from Company’s receipt of the “Notice To Proceed” is approximately 6 to 8 weeks for standard structures, and 8 to 12 weeks for custom structures. Delivery is approximately 1 week thereafter. Delivery of structures may be prior to or at start of assembly. Please note that these timelines do not include approval or permitting timeframes.
Returned Product, Deposits, and/or Cancelled Order: Within the first 45 days after shipment from our facility, all returned product(s) and cancelled orders are subject to a 50% restocking fee. No returns are available following this 45 day period. All deposits are non-refundable. All expenses incurred (engineering, site surveys, shipping, handling, etc.) are the responsibility of the Purchaser, up to notice of cancellation.
Bonding Guidelines: If Purchaser will use or provide the Structures and Services for an Owner other than Purchaser (including, without limitation, as a subcontractor of Purchaser), Purchaser will include the following statement in Purchaser’s contract with Owner:
“The manufacturer’s warranty for the Shade Structures brand shade structures is a separate document between USA SHADE & Fabric Structures and the ultimate owner of the Shade Structures brand shade structures, which will be provided to the ultimate owner at the time of completion of the installation and other services to be provided by USA SHADE & Fabric Structures. Due to surety requirements, any performance and/or payment bond will cover only the first year of the USA SHADE & Fabric Structures warranty.” www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 EXHIBIT A, SCOPE OF WORK/COST PROPOSAL, PROJECT ESC24-094 20/Construction Agreement/Shade Structures, Inc. dba SA Shade & Fabric Structures/Project ESC24-094 13)
14)
15)
•
•
•
•
• Sewing thread is warranted for ten years.
All steel surface finishes are warranted for one year.
Shadesure™, Colourshade® FR, eXtreme 32™, Commercial 95™, SaFRshade™, and Monotec 370™ fabrics all carry a ten year limited manufacturer’s warranty against failure from significant fading, deterioration, breakdown, outdoor heat, cold, or discoloration. Should the fabric need to be replaced under the warranty, the Company will manufacture and ship a new replacement fabric at no charge for the first six years, thereafter pro-rated at 20% per year over the remaining four years. The following are exceptions to the preceding warranty terms:
o Shadesure™ fabrics in Red, Yellow, Atomic Orange, Electric Purple, Zesty Lime, Cinnamon, Olive, and Mulberry carry a five year pro-rated o Fabric tops attached to Coolbrella™ structures carry a three year warranty; o Individual fabric tops measuring greater than 40’ in length are covered by a non-prorated five year warranty; o Precontraint 502™ waterproof membrane is subject to an eight year pro-rated warranty.
Changes in the Work: During the course of this project, Purchaser may order changes in the work (both additions and deletions). Additionally, an approving agency may require changes in the work from the original design or engineering quoted and provided by the Company (both additions and deletions.) The cost of these changes will be determined by the Company, and a Change Order form must be completed and signed by both the Purchaser and the Company, which will detail the “General Scope of the Change Order”. Should any Change Order be essential to the completion of the project, and the Purchaser refuses to authorize such Change Order, then Company will be deemed to have performed its part of the project, and the project and services will be terminated. Upon such termination, Company will submit a final billing to Purchaser for payment, less a labor allowance for work not performed but including additional charges incurred due to the stoppage. No credit will be allowed for materials sold and supplied, which will remain the property of the Purchaser.
Indemnification: To the fullest extent permitted by law, Purchaser shall indemnify, defend, and hold harmless the Company and its consultants, agents, and employees or any of them from and against claims, damages, losses and expenses, including, but not limited to, attorneys’ fees related to the installation of the Structure or performance of the services, provided that such claim, damage, loss, or expense is attributable to bodily injury to, sickness, disease, or death of a person, or to injury to or destruction of tangible property, but only to the extent caused by the negligent acts or omissions of the Purchaser or its agents, employees, or subcontractors, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in Section 15.
Statement of Limited Warranty:
The structural integrity of all supplied steel is warranted for ten years.
If assembly is provided by the Company, workmanship of the structure is covered for one year, including labor for the removal of any failed part, disassembly (if necessary), cost of shipping, and reassembly. www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 EXHIBIT A, SCOPE OF WORK/COST PROPOSAL, PROJECT ESC24-094 21/Construction Agreement/Shade Structures, Inc. dba SA Shade & Fabric Structures/Project ESC24-094 •
•
•
•
•
•
•
•
•
•
•
Commercial 95™ and SaFRshade™ are registered trademarks of Gale Pacific USA Inc.
Monotec 370™ is a registered trademark of PRO-KNIT Industries Pty. Ltd.
Precontraint 502™ is a registered trademark of Serge Ferrari North America, Inc. o workmanship related to assembly not provided by the Company or its agents; o fabric curtains, valances, and flat vertical panels;
o fabric tops installed on structures that were not engineered and originally supplied by the Company.
THE COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, LIQUIDATED, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS
OF REVENUE, PROFIT, USE OR GOODWILL, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, ARISING
OUT OF A BREACH OF THIS WARRANTY OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT OR SERVICE. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE FOR ANY PRODUCT OR SERVICE PROVIDED BY THE COMPANY.
THE FOREGOING LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR THE COMPANY’S PRODUCTS AND SERVICES, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT. SELLER SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR PERFORMANCE OR TRADE USAGE. PURCHASER, BY ACCEPTANCE AND USE OF THIS
LIMITED WARRANTY, WAIVES ANY RIGHTS IT WOULD OTHERWISE HAVE TO CLAIM OR ASSERT THAT THIS LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.
Colourshade ® and eXtreme 32™ are registered trademarks of Multiknit Pty. Ltd.
These limited warranties do not cover defects and/or damages caused by:
o normal wear and tear;
o misuse, willful or intentional damage, vandalism, contact with chemicals, cuts and Acts of God (i.e. tornado, hurricane, micro/macros burst, earthquake, wildfires, etc.);
o ice, snow or wind loads in excess of the designed load parameters engineered for the supplied structures; o use, maintenance, neglect, repair, and/or service inconsistent with the Company’s written care and maintenance instructions, provided with the order.
The limited warranties explicitly exclude:
All warranty claims covering Company supplied structures, products, and services must be submitted by Purchaser or Owner in writing to the Company within thirty days from the date of discovery of the alleged defect and must include a detailed description and applicable photographs of the alleged defect or problem. Warranty claims should be submitted by email to [email protected].
Purchaser or Owner agrees that venue for any court action to enforce these limited warranties shall be in the City or County of Dallas in the State of Texas, USA.
These limited warranties are void if:
o the supplied structures, products, services and/or labor are not paid for in full; o the structures are not assembled in strict compliance with USA SHADE specifications; o any changes, modifications, additions, or attachments are made to the structures in any way, without prior written approval from the Company.
Specifically, no signs, objects, fans, light fixtures, etc. may be hung from the structures, unless specifically engineered by the Company.
General Limited Warranty Terms and Conditions
These limited warranties are effective from the date of sale, or, if assembly is provided by the Company, upon receipt by Company from Purchaser of a completed and signed “Customer Checklist and Sign-off” form.
In its sole discretion, the Company will repair and or/replace defective structures, products or workmanship, or refund that portion of the price related to the defective product, labor, or service rendered.
The Company reserves the right, in cases where certain fabric colors have been discontinued, to offer the Purchaser or Owner a choice of available alternative colors to replace the warranted fabric. The Company does not guarantee that any particular color will be available for any period of time, and reserves the right to discontinue any color for any reason, without recourse by the Purchaser or Owner of the discontinued fabric color.
Should the Purchaser or Owner sell the structures to another party, the warranty cannot be transferred to the new owner without a complete and thorough on-site inspection performed by a Company representative. Please contact the Company at [email protected] for more details. www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 EXHIBIT A, SCOPE OF WORK/COST PROPOSAL, PROJECT ESC24-094 22/Construction Agreement/Shade Structures, Inc. dba SA Shade & Fabric Structures/Project ESC24-094 16) Assembly/Installation:
•
•
•
•
•
•
17)
18)
19)
20)
21)
22)
23)
24)
25)
26) Assignment: Purchaser may not assign this agreement, by operation of law or otherwise, without the prior written consent of Company. The agreement shall be binding upon and insure to the benefit of the Company and the Purchaser, and their successors and permitted assigns.
Delegation: Subcontractors: The services and the manufacturing and assembly of the structures may be performed by subcontractors under appropriate agreements with the Company.
Force Majeure: Impracticability: The Company shall not be charged with any loss or damage for failure or delay in delivering or assembling of the structures when such failure or delay is due to any cause beyond the control of the Company, due to compliance with governmental regulations or orders, or due to any Acts of God, strikes, lockouts, slowdowns, wars, or shortages in transportation, materials or labor.
Dispute Resolution: Any controversy or claim arising out of or related to this agreement must be settled by binding arbitration administered in Dallas, TX by a single arbitrator selected by the parties or by the American Arbitration Association, and conducted in accordance with the construction industry arbitration rules. Judgment upon the award may be entered in any court having jurisdiction thereof.
Entire Agreement; No Reliance: This agreement represents and contains the entire agreement between the parties. Prior discussion or verbal representations by the parties that are not contained in this agreement are not part of this agreement. Purchaser hereby acknowledges that it has not received or relied upon any statements or representations by Company or its agents which are not expressly stipulated herein, including without limitation any statements as to the structures, warranties, or services provided hereunder.
No Third-Party Beneficiaries: This agreement creates no third-party rights or obligations between Company and any other person, including any Owner who is not also a Purchaser. It is understood and agreed that the parties do not intend that any third party should be a beneficiary of this agreement.
Governing Law: The agreement will be construed and enforced in accordance with the laws of the State of Texas.
If the requested services require Company access to Owner’s premises, Company will be provided access to the Owner’s premises free and clear of debris, automobiles, or other interference Monday ~ Friday during the hours of 8:00am to 6:00pm, and Company will have access to water and electrical facilities during installation. Additional charges will apply if utilities are not easily accessible. Where applicable, all vehicles will be moved prior to Company’s crew beginning any installation.
Company will not be responsible for moving or repairing any underground utility lines such as electrical, telephone, gas, water, or sprinkler lines that may be encountered during installation.
Any additional costs incurred as a result of hard rock conditions requiring extra equipment, utility removal or repair resulting in delay will result in additional charges unless they are detailed on as-built site drawings provided to Company or marked on the ground and communicated to Company in writing prior to fabrication and installation.
Installation/Assembly on-site: Where installation/assembly is part of the services, Purchaser must provide the Company with a detailed drawing prepared by or for the Owner showing exactly where the structures are to be assembled as well as detailing any obstacles or other impediments that may cause the assembly process to be more difficult. Any fixture(s), e.g., playground, pools, etc., that the structures are to be assembled over must also be detailed, along with their peak heights (if applicable).
Site/Use Review by Purchaser: Company relies on the Purchaser to determine that the structures ordered are appropriate and safe for the Owner’s installation site and/or intended use. Company is not responsible for damages or injuries resulting from collisions by moving objects or persons with the structure post(s). Company can recommend, or supply at additional cost, padding for posts from a third party manufacturer.
Preparatory Work: Where installation/assembly is part of the services and in the event that the foundation or job site is not suitable or ready for assembly to begin on the scheduled day, a Delay of Order notification must be sent to Company at least 4 working days prior, in order to allow Company to reschedule the project. In the event that Company is not notified and incurs an expense in attempting to execute the assembly, a re-mobilization charge may be charged to Purchaser before Company will reschedule the assembly.
Company will notify Purchaser of the scheduled assembly date. Owner agrees to have an owner representative meet the assembly crew at the job site on the scheduled assembly date to verify the exact location where the structure(s) is to be placed.
Labor for the removal, assembly, and/or freight charges will only be covered by Company in instances where the structures supplied and installed by Company are determined by the Company to be defective. In all cases where structures are not installed by Company, all labor for the removal, assembly, and/or freight of the structures will be the Purchaser’s responsibility.
Installation prices are based on a single mobilization charge. If additional mobilizations are required, there will be additional charges. www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 EXHIBIT A, SCOPE OF WORK/COST PROPOSAL, PROJECT ESC24-094 23/Construction Agreement/Shade Structures, Inc. dba SA Shade & Fabric Structures/Project ESC24-094 PURCHASER: SELLER:
City of Victorville Shade Structures, Inc. DBA USA Shade Signature: Signature:
By: (Print) By: (Print)
Title: Title:
Date: Date:
Executed to be effective as of the date executed by the Company:
NOTE: FOR ANY PURCHASE EQUAL TO OR EXCEEDING $100,000.00 USD, NO WORK, OTHER THAN PRE-WORK, SHALL BE UNDERTAKEN WITHOUT A MUTUALLY ACCEPTABLE AND SIGNED CONSTRUCTION CONTRACT.
NOTE: All purchase orders and contracts should be drafted in the name of Shade Structures, Inc.
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 EXHIBIT A, SCOPE OF WORK/COST PROPOSAL, PROJECT ESC24-094 24/Construction Agreement/Shade Structures, Inc. dba SA Shade & Fabric Structures/Project ESC24-094 15 Construction Agreement/Shade Structures, Inc. dba SA Shade & Fabric Structures/Project ESC24- 094
EXHIBIT B
CMAS AGREEMENT DETAILS
See Attachment
Item Number: 20
City Council / Board of Directors
Written Communications
Meeting of: May 7, 2024
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Discussion and Possible Action to expand the purchasing rules for the local vendor preference to High Desert companies as long as Victorville companies are not participating
Recommendation:
Any action is at the discretion of Your Honorable City Council.
Fiscal Impact:
There is no fiscal impact associated with this item.
Background:
At the City Council meeting of April 16, 2024, it was moved by Mayor Pro Tem Harriman and unanimously approved to agendize an item for discussion and possible action to expand the purchasing rules relating to the local vendor preference to High Desert companies as long as Victorville companies are not participating.
Discussion:
This item is being presented to Council so that Council can further discuss and determine if they wish to expand the purchasing rules for the local vendor preference to High Desert companies as long as Victorville companies are not participating.
Staff remains available for any questions or comments you might have.
Attachments: A. Victorville Municipal Code Section 2.28.160
ATTACHMENT A