Victorville City Council
July 15, 2025

Exhibit A

4.3.1.1 Obtain Regional Water Board concurrence with each Indoor Air Monitoring Report.

4.4 Reporting

4.4.1 Prepare and upload quarterly Monitoring Reports and associated electronic data submittals to GeoTracker through the Work Completion Date. Each report shall include iso-concentration maps for each chemical of concern in each media monitored and sampled, cumulative data tables, evaluations of hydraulic gradient, gradient maps, a summary of analytical results, trend plots, updates to the CSM, interpretations, recommendations, and conclusions. Approximately seven (7) monitoring reports are anticipated; if this number needs to be adjusted based on monitoring results, this will be done by consensus of the JET.

Monitoring Reports should be combined when necessary.

4.4.1.1 Obtain Regional Water Board concurrence with each Monitoring Report.

5. SITE CLOSURE

5.1 Remedial System and Well Decommissioning

5.1.1 Prepare and upload a Request for Site Closure Letter and associated electronic data submittals to GeoTracker.

5.1.1.1 Obtain Regional Water Board concurrence with the Request for Site Closure Letter.

5.1.2 Prepare and upload a Well Destruction and Site Closure Work Plan to GeoTracker. The work plan shall include the destruction of all permanent sampling point associated with the site, and
decommissioning of the SVE system.

5.1.2.1 Obtain Regional Water Board concurrence with the Well Destruction and Site Closure Work Plan.

5.1.3 Destroy selected extraction and/or groundwater/ soil vapor monitoring wells in accordance with the Well Destruction and Site Closure Work Plan.

5.1.4 Demobilize the system surface equipment and restore the site to pre- existing conditions in accordance with the Well Destruction and Site Closure Work Plan.

EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 City of Victorville
Agreement No.: D2410048
Project No. S0048

Exhibit A

5.1.5 Prepare and upload a Well Destruction and Site Closure Report and associated electronic submittals to GeoTracker that includes documented waste removal.

5.1.5.1 Obtain Regional Water Board concurrence with the Well Destruction and Site Closure Report.

A.3 SCHEDULE
Failure to provide items by the due dates indicated in the table below may constitute a material violation of this Agreement. The Project Manager may adjust the dates in the “Estimated Due Date” column of this table, but Critical Due Date adjustments may require an amendment to this Agreement. The Recipient must complete and submit all work in time to be approved by the Division prior to the Work Completion Date. As applicable for specific submittals, the Recipient must plan adequate time to solicit, receive, and address comments prior to submitting the final submittal. The Recipient must submit the final Reimbursement Request prior to the Final Reimbursement Request Date set forth on the Cover Page.

ITEM DESCRIPTION OF

SUBMITTAL

CRITICAL

DUE DATE

ESTIMATED

DUE DATE

COMPLETED
DATE
EXHIBIT A – SCOPE OF WORK AND SCHEDULE
A.2 WORK TO BE PERFORMED

BY RECIPIENT

2. SITE INVESTIGATION

2.1.1 Upload SI Work Plan to
GeoTracker
June 2025

2.3.1 Upload Groundwater
Monitoring Well Installation
Report and associated
electronic data submittals to
GeoTracker
September
2025

3. REMEDIAL ACTION

3.1.1 Upload RAP and associated
electronic data submittals to
GeoTracker
September
2025

EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 City of Victorville
Agreement No.: D2410048
Project No. S0048

Exhibit A

ITEM DESCRIPTION OF

SUBMITTAL

CRITICAL

DUE DATE

ESTIMATED

DUE DATE

COMPLETED
DATE
EXHIBIT A – SCOPE OF WORK AND SCHEDULE

3.2.2 Upload SVE Progress Reports
and associated electronic data
submittals to GeoTracker
Quarterly,
Begin
January
2025 and
through the
Work
Completion
Date

3.3.2 Upload Remediation Injection
Summary Report and
associated electronic data
submittals to GeoTracker
December
2025

3.4.1 Upload Remedial Action
Completion Report to
GeoTracker
August 2027

4. MONITORING

4.1.1 Upload Soil Vapor Well
Monitoring Report and
associated electronic data
submittals to GeoTracke
r
July 2026

4.2.1 Upload Groundwater
Monitoring Reports and
associated electronic data
submittals to GeoTracker
Quarterly,
Begin
January
2025 and
through the
Work
Completion
Date

4.3.1 Upload Indoor Air Monitoring
Reports and associated
electronic data submittals to
GeoTracker
January
2027
July 2027

4.4.1 Upload Monitoring Reports and
associated electronic data
submittals to GeoTracker
Quarterly,
Begin
January
2025 and
through the
Work
Completion
Date

EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 City of Victorville
Agreement No.: D2410048
Project No. S0048

Exhibit A

ITEM DESCRIPTION OF

SUBMITTAL

CRITICAL

DUE DATE

ESTIMATED

DUE DATE

COMPLETED
DATE
EXHIBIT A – SCOPE OF WORK AND SCHEDULE

5. SITE CLOSURE

5.1.1 Upload Request for Site
Closure Letter and associated
electronic data submittals to
GeoTracker
September
2027

5.1.2 Upload Well Destruction and
Site Closure Work Plan to
GeoTracker
November
2027

5.1.5 Upload Well Destruction and
Site Closure Report and
associated electronic data
submittals to GeoTracker
December
2027

2. Draft Project Report January 31,
2028

3. Final Project Report February 29,
2028

EXHIBIT B – SPECIFIC FUNDING PROVISIONS
B.6 REIMBURSEMENT

PROCEDURE

1. Reimbursement Requests Quarterly
4(f) Final Reimbursement Request March 31,
2028

The Recipient must deliver any request for extension of the Work Completion Date no less than 90 days prior to the Work Completion Date.

A.4 PROGRESS REPORTS
Recipient must submit a progress report to the Project Manager monthly by the seventh day of each month, beginning no later than 30 days after execution of this Agreement.

1. The progress reports must provide a brief description of the work performed, any accomplishments during the month, milestones achieved, sampling results (if applicable), and any problems encountered in the performance of the work under this Agreement. Recipient must document all contractor activities in progress reports.

2. Invoicing can be either monthly or quarterly. When invoicing monthly, the invoice should accompany the progress report. When invoicing quarterly, the EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 City of Victorville
Agreement No.: D2410048
Project No. S0048

Exhibit A
invoice must itemize charges for the work completed during the reporting period covered by the monthly progress reports for that quarter. The invoice cannot be paid prior to submission of (a) progress report(s) covering the invoice reporting period.

A.5 SPECIAL REPORTS

1. As a condition precedent to the Division’s determination of Project Completion and release of withheld Project Funds, if any, the Recipient must submit documentation satisfactory to the Division that the applicable regulatory agency has deemed the work complete.

2. Recipient must prepare and submit to the Project Manager a draft Project Report for review and comment.

3. Recipient must prepare a final Project Report that addresses, to the extent feasible, comments made by the Project Manager on the draft final Project Report. Submit one (1) reproducible master, and an electronic copy of the final.

EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 City of Victorville
Agreement No.: D2410048
Project No. S0048

Exhibit B
EXHIBIT B – SPECIFIC FUNDING PROVISIONS
B.1 ESTIMATED REASONABLE COST AND PROJECT FUNDS
The estimated reasonable cost of the total Project is set forth on the Cover Page of this Agreement, and is greater than or equal to the funding anticipated to be provided by the State Water Board under this Agreement. Subject to the terms of this Agreement, the State Water Board agrees to provide Project Funds not to exceed the amount of the Project Funding Amount set forth on the Cover Page of this Agreement.

B.2 DOUBLE PAYMENT PROHIBITION
Pursuant to Health and Safety Code, section 25299.50.6, subdivision (e)(2), the Recipient is prohibited from receiving Project Funds for any costs which the Recipient has been, or will be, paid by another source.

The Recipient must disclose to the State Water Board all moneys that the Recipient, an affiliate, or anyone acting on the Recipient’s behalf has received or may receive that are in any way related in whole or in part to the contamination that is the subject of this Agreement, no matter how the payment is characterized or the Recipient’s own belief as to whether the receipt of those moneys constitutes double recovery. Recipients must fully disclose all moneys received on a Non-Recovery From Other Sources Disclosure Certification so that the State Water Board can make its own independent determination of whether the receipt of those moneys constitutes double recovery.

B.3 VERIFIABLE DATA
Upon request by the Division, the Recipient must submit verifiable data to support deliverables specified in the Scope of Work. The Recipient’s failure to comply with this requirement may be construed as a material breach of this Agreement.

B.4 BUDGET COSTS
Budget costs are contained in the Project Cost Table below:

The maximum amount to be encumbered under this Agreement for the 2024-25 fiscal year ending June 30, 2025 shall not exceed FOUR HUNDRED EIGHTY-THREE THOUSAND THREE HUNDRED FIFTY-THREE DOLLARS ($483,353).

EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 City of Victorville
Agreement No.: D2410048
Project No. S0048

Exhibit B

ITEM DESCRIPTION TOTAL
1 Project Management $32,760
2 Site Investigation $69,722
3 Remedial Action $148,547
4 Monitoring $124,166
5 Site Closure $108,158
TOTAL $483,353
Available Site Contingency Adjustment $0
Less Ability To Pay $0
PROJECT FUNDING AMOUNT $483,353
B.5 LINE ITEM ADJUSTMENTS

1. Subject to the prior review and approved, in advance and in writing, by the Project Manager, adjustments between existing line items may be used to defray allowable direct costs up to fifteen percent (15%) of the total Project Funding Amount available in any Fiscal Year, including any amendment(s) thereto. Line item adjustments approved by the Project Manager must be de minimis, less than fifteen percent (15%) of the total Project Funding Amount available in any Fiscal Year, and may not include any changes to the Scope of Work. Except as provided for the Available Site Contingency Adjustment, line item adjustments in excess of fifteen percent (15%) or line item adjustments that result in a change to the scope of work will require an Agreement amendment. If the detailed budget includes an amount for the Recipient’s personnel costs, that amount is based on the hours, classifications, and rates submitted by the Recipient in its application. Any changes to the hours, classifications, and rates must be task-appropriate, within the item budget and line item adjustments allowed, and approved, in advance and in writing, by the Project Manager.

2. The Recipient may submit a request for an adjustment in writing to the Project Manager. Such adjustment may not increase or decrease the total funding amount available in any Fiscal Year. The Recipient shall submit a copy of the original Agreement budget sheet reflecting the requested changes and shall note proposed changes by striking out the original amount(s) followed with proposed change(s) in bold and underlined. Except as provided for the Available Site Contingency Adjustment, budget adjustments deleting a budget line item or adding a new budget line item shall require a formal amendment. The Division may also propose budget adjustments.

3. The sum of adjusted line items shall not exceed the total budget amount available in any Fiscal Year.

4. The Recipient shall not be entitled to any reimbursement from the Available Site Contingency Adjustment budget line item without prior approval in writing from the EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 City of Victorville
Agreement No.: D2410048
Project No. S0048

Exhibit B
Division. The Available Site Contingency Adjustment budget line item is available only for reasonable and necessary project costs, which for good cause, exceed the funds allotted for the Total Budgeted Costs, and must be approved by the Cleanup Fund Branch Assistant Deputy Director prior to use. The State Water Board may, at its discretion, require a formal Agreement amendment rather than use funds in the Available Site Contingency Adjustment budget line item.

B.6 REIMBURSEMENT PROCEDURE

1. No reimbursement under this Agreement will be made except upon receipt of an acceptable Reimbursement Request form duly executed by or on behalf of the Recipient. The Recipient’s authorized signatory or designee, who has been approved by the State Water Board, must execute all Reimbursement Request forms. A Reimbursement Request form must accompany all Reimbursement Requests. The Reimbursement Request form with original invoices or unmodified copies of original invoices shall be submitted to the State Water Board’s Project Manager on either a monthly or quarterly basis consistent with the invoicing schedule in this Agreement. The submittal must be made either through approved electronic means or at the following address:

Lucia Tropeano, Project Manager
State Water Resources Control Board
Division of Financial Assistance
SCAP
P. O. Box 944212
Sacramento, CA 94244-2120

2. The Project Costs requested must be for the remediation of harm or threat of harm to human health, safety, and the environment caused by existing or threatened surface or groundwater contamination. The State Water Board may pay eligible Project Costs of remediation actions that are reasonable and necessary. The Recipient may not receive reimbursement from the State Water Board for remediation actions that have been or will be paid or otherwise compensated from another source.

3. Reimbursement of any Project Costs shall be made only after receipt of a complete, adequately supported, properly documented, and accurately addressed Reimbursement Request. Reimbursement Requests must be itemized based on the line items specified in the Budget Costs in this Exhibit. Reimbursement Requests submitted in any other format than the one provided by the State Water Board will cause a Reimbursement Request to be disputed. In the event of a Reimbursement Request dispute, the State Water Board will notify the Recipient. Reimbursement will not be made until the dispute is resolved and a corrected Reimbursement Request submitted. Failure to use the address exactly as provided above may result in return of the Reimbursement Request to the Recipient. Reimbursement shall be deemed complete upon deposit of the reimbursement, properly addressed, postage EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 City of Victorville
Agreement No.: D2410048
Project No. S0048

Exhibit B
prepaid, in the United States mail. The State Water Board Project Manager has the responsibility for approving Reimbursement Requests.

4. Reimbursement Requests must contain the following information:
(a) The date of the request;
(b) The time period covered by the request, i.e., the term “from” and “to;” (c) The total amount requested;
(d) Original invoices or unmodified copies of original invoices supporting all requested costs;
(e) Physical, handwritten signature and date (in ink) of the Recipient’s authorized signatory or designee or an electronic signature and date signed by the Recipient’s authorized signatory or designee using a method approved by the State Water Board; and
(f) Final Reimbursement Request sh all be clearly marked “FINAL REIMBURSEMENT REQUEST” and submitted NO LATER THAN
MARCH 31, 2028.

5. Each invoice submitted with a Reimbursement Request shall contain the following information:
(a) The word “INVOICE” and a sequential invoice number should appear in a prominent location at the top of the page(s);
(b) The date of the invoice and the time period covered by the invoice, i.e., the term “from” and “to;”
(c) Printed name of the consultant or contractor;
(d) Business address of the consultant or contractor, including P.O. Box, City, State, and Zip Code;
(e) Printed name of the Recipient;
(f) The number of the Agreement upon which the invoice is based; (g) The site address (location) where the work was performed. (h) All subcontractor(s) invoices must be listed on the invoice; a copy of the subcontractor invoice should be attached to the consultant/contractor invoice. All subcontractor(s) must have current and active professional licenses, as applicable.
(i) Physical, handwritten signature and date (in ink) of Recipient’s authorized signatory or designee or an electronic signature and date signed by the Recipient’s authorized signatory or designee using a method approved by the State Water Board.
(j) An itemized account of the work for which the Recipient is seeking payment:

EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 City of Victorville
Agreement No.: D2410048
Project No. S0048

Exhibit B
A brief description of the work performed, including dates of performance and the name or initials of the person performing the work; The method of computing the amount due; (On cost reimbursable agreements, invoices must be itemized based on the tasks specified in the Budget.)
The total amount due; this should be in a prominent location in the lower right- hand portion of the last page and clearly distinguished from other figures or computations appearing on the invoice; the total amount due shall include all costs incurred by the Recipient under the terms of this Agreement; and Such other documents, certificates, instruments, opinion, or other writings as the State Water Board may reasonably request.

6. Recipient agrees that it will not submit any Reimbursement Requests that include any Project Costs until such costs have been incurred and are currently due and payable by the Recipient.

7. Recipient shall provide proof of payment to the consultant or contractor for each invoice submitted with a Reimbursement Request under this Agreement. If the recipient is not able to demonstrate proof of payment, the State Water Board, at its discretion, may issue two-party checks for the payment of costs identified in the Budget Costs in this Exhibit. The two-party checks will require the endorsement of both Recipient and the company providing the services.

8. Notwithstanding any other provision of this Agreement, no reimbursement shall be required at any time or in any manner which is in violation of or in conflict with federal or state laws, rules, or regulations, or which may require any rebates to the Federal Government, or any loss of tax-free status on state bonds, pursuant to any Federal statute or regulation.

9. Notwithstanding any other provision of this Agreement, the Recipient agrees that the State Water Board may retain ten percent (10%) of the amount specified in this Agreement until “Final Project Summary” from local regulatory agency of the Project is received. Any retained amounts due to the Recipient will be promptly disbursed to the Recipient, without interest, upon completion of the Project.

B.7 REVERTING FUNDS AND DISENCUMBRANCE
In the event the Recipient does not submit Reimbursement Requests for all funds encumbered under this Agreement by the Final Reimbursement Request Date, any remaining funds revert to the State. The State Water Board may notify the Recipient that the project file is closed, and any remaining balance will be disencumbered and unavailable for further use under the Agreement.

EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 City of Victorville
Agreement No.: D2410048
Project No. S0048

Exhibit C
EXHIBIT C – GENERAL TERMS AND CONDITIONS 2019-NOV

1. DEFINITIONS. Unless otherwise specified in this Agreement, each capitalized term used in this Agreement has the following meaning:
• “Agreement” means this agreement, incl uding all exhibits and attachments hereto.
• “Cover Page” means the front page of this Agreement. • “Days” means calendar days unless otherwise expressly indicated. • “Deputy Director” means the Deput y Director of the Division. • “Division” means the Divis ion of Financial Assistance of the State Water Board or any other division or unit of the State Water Board authorized to administer this Agreement.
• “Event of Default” means the occurr ence of any of the following events:
a) A representation or warranty made by or on behalf of the Recipient in this Agreement or in any document furnished by or on behalf of the Recipient to the State Water Board pursuant to this Agreement shall prove to have been inaccurate, misleading or incomplete in any material respect; b) Failure by the Recipient to observe and perform any covenant, condition, or provision in this Agreement, which failure shall continue for a period of time, to be determined by the Division;
c) Initiation of proceedings seeking arrangement, reorganization, or any other relief under any applicable bankruptcy, insolvency, or other similar law; the appointment of or taking possession of the Recipient’s property by a receiver, liquidator, assignee, trustee, custodian, conservator, or similar official; the Recipient’s entering into a general assignment for the benefit of creditors; the initiation of resolutions or proceedings to terminate the Recipient’s existence, or any action in furtherance of any of the foregoing; d) A determination pursuant to Gov. Code section 11137 that the Recipient has violated any provision in Article 9.5 of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code; or e) Loss of the Recipient’s rights, licenses, permits, or privileges necessary for the Project, or the occurrence of any material restraint on the Recipient’s enterprise by a government agency or court order.
• “Final Reimbursement Request Date” means the date set forth as such on the Cover Page of this Agreement, after which date, no further reimbursements or disbursements may be requested.

EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 City of Victorville
Agreement No.: D2410048
Project No. S0048

Exhibit C
• “Fiscal Year” means the period of twelve (12) months terminating on June 30 of any year.
• “GAAP” means generally accepted accountin g principles, the uniform accounting and reporting procedures set forth in publications of the American Institute of Certified Public Accountants or its successor, or by any other generally accepted authority on such procedures, and includes, as applicable, the standards set forth by the Governmental Accounting Standards Board or its successor, or the Uniform System of Accounts, as adopted by the California Public Utilities Commission for water utilities.
• “Material Obligation” means an obligation of the Recipient that is material to this transaction.
• “Party Contact” means, fo r the Recipient, the Authorized Representative of the Recipient or any designee of the Authorized Representative, and, for the State Water Board, the Division staff set forth in Section 2 of this Agreement. • “Project” means the Project funded by this Agreement as described in Exhibits A and B and in the documents incorporated by reference herein. • “Project Completion” means, as determined by the Division, that the Project is complete to the reasonable satisfaction of the Division. • “Project Costs” means the incurred costs of the Recipient which are eligible for funding under this Agreement, pursuant to applicable statutes, policy, regulations, or guidelines.
• “Project Funding Amount” means the maximum amount payable under this Agreement, as set forth on the Cover Page.
• “Project Funds” means all moneys disburse d to the Recipient by the State Water Board for eligible Project Costs pursuant to this Agreement. • “Project Manager” means the person des ignated by the State Water Board to manage performance of this Agreement. The Project Manager is set forth on the Cover Page.
• “Records Retention End Date” means the last date that the Recipient is obligated to maintain records related to this Agreement and is set forth on the Cover Page of this Agreement.
• “Regional Water Quality Control Board” or “Regional Water Board” means the appropriate Regional Water Quality Control Board.

EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 City of Victorville
Agreement No.: D2410048
Project No. S0048

Exhibit C
• “Reimbursement Period” means the period during which Project Funds may be disbursed.
• “Reimbursement Request” means the Recipient’s request for Project Funds from the State Water Board as set forth in Exhibit B.
• “State” means State of California.
• “State Water Board” means the Stat e Water Resources Control Board. • “Work Completion” means the Recipient’s submittal of all work set forth under Exhibit A for review and approval by the Division.
• “Work Completion Date” means the date set forth on the Cover Page of this Agreement and is the last date on which Project Costs may be incurred under this Agreement.
• “Year” means calendar year unless otherwise expressly indicated.

2. ACCESS, INSPECTION, AND PUBLIC RECORDS. The Recipient must ensure that the State Water Board, the State Auditor, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times through the Records Retention End Date or useful life of the Project, whichever is longer. The Recipient acknowledges that, except for a subset of information regarding archaeological records and personally identifiable information, the Project records and locations may be public records, including but not limited to all of the submissions accompanying the application, all of the documents incorporated into this Agreement by reference, and all reports, Reimbursement Requests, and supporting documentation submitted hereunder.

3. ACCOUNTING AND AUDITING STANDARDS; FINANCIAL MANAGEMENT SYSTEMS. The Recipient must maintain GAAP-compliant project accounts, including GAAP requirements relating to the reporting of infrastructure assets.

Without limitation of the requirement to maintain Project accounts in accordance with GAAP, the Recipient must:
(a) Establish an official file for the Project which adequately documents all significant actions relative to the Project;
(b) Establish separate accounts which will adequately and accurately depict all amounts received and expended on the Project, including all Project Funds received under this Agreement;
EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 City of Victorville
Agreement No.: D2410048
Project No. S0048

Exhibit C
(c) Establish separate accounts which will adequately depict all income received which is attributable to the Project, specifically including any income attributable to Project Funds disbursed under this Agreement;
(d) Establish an accounting system which will accurately depict final total costs of the Project if authorized under this Agreement;
(e) Establish such accounts and maintain such records as may be necessary for the State to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations; and (f) If the Recipient uses its own employees, equipment, or resources for any phase of the Project, accounts will be established which reasonably document all employee hours charged to the Project and the associated tasks performed by each employee.

4. AMENDMENT. No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by both the Recipient and the Deputy Director or designee and approved as required.

5. ASSIGNABILITY. This Agreement is not assignable by the Recipient, either in whole or in part, without the consent of the State Water Board. Amendment of the Agreement may be required.

6. AUDIT. The Division may call for an audit of financial information relative to the Project if the Division determines that an audit is desirable to assure program integrity or if an audit becomes necessary because of State or federal requirements. If an audit is called for, the audit must be performed by a certified public accountant independent of the Recipient and at the cost of the Recipient.

The audit must be in the form required by the Division. The Recipient must return, or ensure the return of, any audit disallowances within 30 days.

7. BONDING. Where construction contractors are used, the Recipient must not authorize construction to begin until each contractor has furnished a performance bond in favor of the Recipient in the following amounts: faithful performance (100%) of contract value; labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00.

8. COMPETITIVE BIDDING. Recipient must adhere to any applicable State law or local ordinance for competitive bidding and applicable labor laws. If Recipient is a private entity, any construction contracts related in any way to the Project must be let by competitive bid procedures which assure award of such contracts to the lowest responsive and responsible bidders. Recipient must not award a construction contract until a summary of bids and identification of the selected lowest responsible bidder is submitted to and approved in writing by the Division.

EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 City of Victorville
Agreement No.: D2410048
Project No. S0048

Exhibit C
Recipient must provide a full explanation if Recipient is proposing to award a construction contract to anyone other than the lowest responsible bidder.

9. COMPLIANCE WITH APPLICABLE LAWS, RULES, AND REQUIREMENTS.

The Recipient must, at all times, comply with and require its contractors and subcontractors to comply with all applicable federal and State laws, rules, guidelines, regulations, and requirements and with provisions of the adopted environmental mitigation plan, if any, for the useful life of the Project.

10. COMPUTER SOFTWARE. The Recipient certifies that it has appropriate systems and controls in place to ensure that State funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws.

11. CONFLICT OF INTEREST. The Recipient certifies that it, its owners, officers, directors, agents, representatives, and employees are in compliance with applicable State and federal conflict of interest laws and will remain in compliance for the useful life of the Project. Any service provider or contractor with which the Recipient contracts must not have any role or relationship with the Recipient, that, in effect, substantially limits the Recipient's ability to exercise its rights, including cancellation rights, under the contract, based on all the facts and circumstances.

Public entities are required to have adopted conflict of interest codes and may be required to provide documentation of those codes to the Division.

12. DATA MANAGEMENT. The Recipient will undertake appropriate data management activities so that Project data can be incorporated into statewide data systems.

13. DEBARRED, DISQUALIFIED, OR EXCLUDED CONTRACTORS. The Recipient must not contract or allow subcontracting with excluded parties. The Recipient must not contract with any party who is debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which this funding is authorized. For any work related to this Agreement, the Recipient must not contract with any individual or organization on the State Water Board’s List of Disqualified Businesses and Persons that is identified as debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which funding under this Agreement is authorized. The State Water Board’s List of Disqualified Businesses and Persons is located at
http://www.waterboards.ca.gov/water_issues/programs/enforcement/fwa/dbp.sht ml

14. DRUG-FREE WORKPLACE. The Recipient certifies that it will provide a drugfree workplace in compliance with the Drug-Free Workplace Act (Gov. Code. §§ 8350- 8357). The Recipient shall publish a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 City of Victorville
Agreement No.: D2410048
Project No. S0048

Exhibit C
substance is prohibited in the Recipient’s workplace and specifying the actions to be taken against employees for violations of the prohibition. The Recipient shall establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace, the Recipient’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, and penalties that may be imposed upon employees for drug abuse violations. The Recipient shall provide that every employee who works on the Project receives a copy of the Recipient’s drug-free workplace policy statement and agrees to abide by the terms of the statement as a condition of employment on the Project.

15. ENVIRONMENTAL CLEARANCE. No work that is subject to California Environmental Quality Act (CEQA) or the National Environmental Policy Act (NEPA) may proceed under this Agreement until the State Water Board has provided approval to proceed. Upon receipt and review of the Recipient’s environmental documents, the State Water Board shall make the appropriate environmental findings before determining whether to approve construction or implementation funding for the Project under this Agreement. Providing approval for such construction or implementation funding is fully discretionary. The State Water Board may require changes in the scope of work or additional mitigation as a condition to providing construction or implementation funding under this Agreement. Recipient shall not perform any work subject to CEQA and/or NEPA before the State Water Board completes its environmental review and specifies any changes in scope or additional mitigation that may be required. Proceeding with work subject to CEQA and/or NEPA without approval by the State Water Board shall constitute a breach of a material provision of this Agreement. If this Project includes modification of a river or stream channel, the Recipient must fully mitigate environmental impacts resulting from the modification. The Recipient must provide documentation that the environmental impacts resulting from such modification will be fully mitigated considering all of the impacts of the modification and any mitigation, environmental enhancement, and environmental benefit resulting from the Project, and whether, on balance, any environmental enhancement or benefit equals or exceeds any negative environmental impacts of the Project.

16. FINAL REIMBURSEMENT REQUEST. The Recipient agrees to ensure that its final Reimbursement Request is received by the Division no later than the Final Reimbursement Request Date, unless prior approval has been granted by the Division. If the final Reimbursement Request is not received timely, the undisbursed balance of this Agreement may be deobligated.

17. FRAUD AND MISUSE OF PUBLIC FUNDS. All requests for disbursement must be accurate and signed by the Recipient or its Authorized Representative under penalty of perjury. All costs submitted pursuant to this Agreement must only be for the work or tasks set forth in this Agreement. The Recipient must not submit any EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 City of Victorville
Agreement No.: D2410048
Project No. S0048

Exhibit C
invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., match costs).

Any costs for which the Recipient is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other cost is improper and will not be compensated. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements and, notwithstanding any other section in this Agreement, the termination of this Agreement requiring the immediate repayment of all funds disbursed hereunder. Additionally, the Deputy Director of the Division may request an audit and refer the matter to the Attorney General’s Office or the appropriate district attorney’s office for criminal prosecution or the imposition of civil liability.

18. FUNDING CONTINGENCY. The State Water Board’s disbursement of funds hereunder is contingent on the Recipient’s compliance with the terms and conditions of this Agreement. The State Water Board's obligation to disburse funds is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason, including but not limited to failure of the federal or State government to appropriate funds necessary for disbursement of funds, the State Water Board shall not be obligated to make any disbursements to the Recipient under this Agreement. If this Agreement’s funding for any fiscal year expires due to reversion or is reduced, substantially delayed, or deleted by the Budget Act, by Executive Order, or by order or action of the Department of Finance, the State Water Board has the option to either cancel this Agreement with no liability accruing to the State Water Board, or offer an amendment to the Recipient to reflect the reduced amount. This provision shall be construed as a condition precedent to the obligation of the State Water Board to make any disbursements under this Agreement. Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for disbursement over any other entity. If any disbursements due the Recipient under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the State Water Board that such disbursement will be made to the Recipient when sufficient funds do become available, but this intention is not binding.

19. GOVERNING LAW. This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

20. RECIPIENT’S SHARE. The Recipient agrees that it will provide for the payment of its full share, if any share is required, of Project Costs and that all costs connected with the Project will be timely paid by the Recipient.

21. INDEMNIFICATION AND STATE REVIEWS. The parties agree that review or approval of Project plans and specifications by the State Water Board is for administrative purposes only, including conformity with application and eligibility criteria, and expressly not for the purposes of design defect review or construction EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 City of Victorville
Agreement No.: D2410048
Project No. S0048

Exhibit C
feasibility, and does not relieve the Recipient of its responsibility to properly plan, design, construct, operate, and maintain the Project. To the extent permitted by law, the Recipient agrees to indemnify, defend, and hold harmless the State Water Board and any trustee, and their officers, employees, and agents for the Bonds, if any (collectively, "Indemnified Persons"), against any loss or liability arising out of any claim or action brought against any Indemnified Persons from and against any and all losses, claims, damages, liabilities, or expenses, of every conceivable kind, character, and nature whatsoever arising out of, resulting from, or in any way connected with (1) the Project or the conditions, occupancy, use, possession, conduct, or management of, work done in or about, or the planning, design, acquisition, installation, or construction, of the Project or any part thereof; (2) the carrying out of any of the transactions contemplated by this Agreement or any related document; (3) any violation of any applicable law, rule or regulation, any environmental law (including, without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water Pollution Control Act, the Clean Air Act, the Toxic Substances Control Act, the Occupational Safety and Health Act, the Safe Drinking Water Act, the California Hazardous Waste Control Law, and California Water Code Section 13304, and any successors to said laws), rule or regulation or the release of any toxic substance on or near the Project; or (4) any untrue statement or alleged untrue statement of any material fact or omission or alleged omission to state a material fact necessary to make the statements required to be stated therein, in light of the circumstances under which they were made, not misleading with respect to any information provided by the Recipient for use in any disclosure document utilized in connection with any of the transactions contemplated by this Agreement, except those arising from the gross negligence or willful misconduct of the Indemnified Persons. The Recipient must also provide for the defense and indemnification of the Indemnified Parties in any contractual provision extending indemnity to the Recipient in any contract let for the performance of any work under this Agreement, and must cause the Indemnified Parties to be included within the scope of any provision for the indemnification and defense of the Recipient in any contract or subcontract. To the fullest extent permitted by law, the Recipient agrees to pay and discharge any judgment or award entered or made against Indemnified Persons with respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The provisions of this section survive the term of this Agreement.

22. INDEPENDENT ACTOR. The Recipient, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State Water Board.

EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 City of Victorville
Agreement No.: D2410048
Project No. S0048

Exhibit C

23. INSPECTION. Throughout the useful life of the Project, the State Water Board shall have the right to inspect the Project area to ascertain compliance with this Agreement.

24. INTEGRATION. This Agreement constitutes the complete and final agreement between the parties. No oral or written understanding or agreement not incorporated in this Agreement shall be binding on either party.

25. LIENS. The Recipient must not make any pledge of or place any lien on the Project or Project assets except upon consent of the Division.

26. NO DISCRIMINATION. The Recipient must comply with Government Code section 11135 and the implementing regulations (Cal. Code Regs, tit. 2, § 11140 et seq.), including, but not limited to, ensuring that no person is unlawfully denied full and equal access to the benefits of, or unlawfully subjected to discrimination in the operation of, the Project on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation as such terms are defined under California law, for as long as the Recipient retains ownership or possession of the Project. If Project Funds are used to acquire or improve real property, the Recipient must include a covenant of nondiscrimination running with the land in the instrument effecting or recording the transfer of such real property.

The Recipient must comply with the federal American with Disabilities Act of 1990 and implementing regulations as required by Government Code section 11135(b).

The Recipient’s obligations under this section shall survive the term of this Agreement. During the performance of this Agreement, Recipient and its contractors and subcontractors must not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family care leave, or genetic information, gender, gender identity, gender expression, or military and veteran status. The Recipient, its contractors, and subcontractors must ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. The Recipient, its contractors, and subcontractors must comply with the provisions of the Fair Employment and Housing Act and the applicable regulations promulgated thereunder. (Gov. Code, §12990, subds. (a)-(f) et seq.; Cal. Code Regs., tit. 2, § 7285 et seq.) Such regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. The Recipient, its contractors, and subcontractors must give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. The Recipient must include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.

EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 City of Victorville
Agreement No.: D2410048
Project No. S0048

Exhibit C

27. NO THIRD-PARTY RIGHTS. This Agreement creates no rights in and grants no remedies to any third party as a beneficiary of this Agreement.

28. NO OBLIGATION OF THE STATE. Any obligation of the State Water Board herein contained shall not be an obligation, debt, or liability of the State and any such obligation shall be payable solely out of the moneys encumbered pursuant to this Agreement.

29. NON-WAIVER. Nothing in this Agreement shall affect or impair the Recipient’s obligation to undertake work under this Agreement or shall affect or impair the right of the State Water Board to bring suit to enforce such work. No delay or omission of the State Water Board in the exercise of any right arising upon an Event of Default shall impair any such right or be construed to be a waiver of any such Event of Default. The State Water Board may exercise from time to time and as often as shall be deemed expedient by the State Water Board, any remedy or right provided by law or pursuant to this Agreement. Any waiver of rights by the State Water Board with respect to a default or other matter arising under this Agreement at any time shall not be considered a waiver of rights with respect to any other default or matter.

30. OTHER FUNDING SOURCES; INCOME RESTRICTIONS. If funding for Project Costs is made available to the Recipient from sources other than this Agreement, the Recipient must notify the Division. The Recipient may retain such funding up to an amount which equals the Recipient's contribution to Project costs. To the extent allowed by requirements of other funding sources, excess funding must be remitted to the State Water Board. The Recipient agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Recipient as related to this Agreement must be paid by the Recipient to the State Water Board, to the extent that they are properly allocable to costs for which the Recipient has been reimbursed by the State Water Board under this Agreement.

31. PERMITS AND AUTHORIZATIONS. Recipient must procure all permits, licenses and other authorizations necessary to accomplish the work contemplated in this Agreement, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. Signed copies of any such permits or licenses must be submitted to the Division before any construction or implementation begins.

Any contractors, outside associates, or consultants required by the Recipient in connection with the services covered by this Agreement shall be limited to such individuals or firms as were specifically identified and agreed to during negotiations for this Agreement, or as are specifically authorized by the State Water Board’s Project Manager during the performance of this Agreement. Any substitutions in, or additions to, such contractors, associates, or consultants, shall be subject to the prior written approval of the State Water Board’s Project Manager.

EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 City of Victorville
Agreement No.: D2410048
Project No. S0048

Exhibit C

32. PREVAILING WAGES. If applicable, the Recipient agrees to be bound by all applicable provisions of State Labor Code regarding prevailing wages. If applicable, the Recipient must monitor all agreements subject to reimbursement from this Agreement to ensure that the applicable prevailing wage provisions of the State Labor Code are being met. Division of Industrial Relations (DIR) requirements may be found at: http://www.dir.ca.gov/lcp.asp. For more information, please refer to DIR’s Public Works Manual at:
http://www.dir.ca.gov/dlse/PWManualCombined.pdf.

33. PRIOR COSTS. No costs incurred prior to the Eligible Work Start Date are eligible for reimbursement.

34. PROFESSIONALS. The Recipient agrees that only licensed professionals will be used to perform services under this Agreement where such services are called for.

All technical reports required pursuant to this Agreement that involve planning, investigation, evaluation, design, or other work requiring interpretation and proper application of engineering, architectural, or geologic sciences, shall be prepared by or under the direction of persons registered to practice in California pursuant to Business and Professions Code sections 5536.1, 6735, 7835, and 7835.1. As required by these laws, completed technical reports must bear the signature(s) and seal(s) of the registered professional(s) in a manner such that all work can be clearly attributed to the professional responsible for the work.

35. RECORDS, INSPECTION, AUDITS, AND INTERVIEWS; RECORDS RETENTION.

The Recipient must maintain separate books, records and other material relative to the Project and retain such books, records, subcontracts, and other material until at least the Records Retention End Date set forth on the Cover Page of this Agreement. The Recipient must require that such books, records, and other material are subject at all reasonable times (at a minimum during normal business hours) to inspection, copying, and audit by the State Water Board, the Department of Finance, the California State Auditor, the Bureau of State Audits, or any authorized representatives of the aforementioned, including federal funding agencies and their auditors, if any. The Recipient must allow and must require its contractors to allow interviews during normal business hours of any employees who might reasonably have information related to such records. The Recipient agrees to include a similar duty regarding audit, interviews, and records retention in any contract or subcontract related to the performance of this Agreement. The provisions of this section survive the term of this Agreement.

36. RELATED LITIGATION. Under no circumstances may the Recipient use funds from any reimbursement under this Agreement to pay costs associated with any litigation the Recipient pursues against the State Water Board or any Regional Water Board.

Regardless of the outcome of any such litigation, and notwithstanding any conflicting language in this Agreement, the Recipient agrees to complete the Project funded by this Agreement or to repay all of the disbursed funds plus interest.

EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 City of Victorville
Agreement No.: D2410048
Project No. S0048

Exhibit C

37. REMEDIES. The State Water Board may enforce its rights under this Agreement by any judicial proceeding, whether at law or in equity. None of the remedies available to the State Water Board shall be exclusive of any other remedy, and each such remedy shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. The State Water Board may exercise any remedy, now or hereafter existing, without exhausting and without regard to any other remedy. Any dispute of the Recipient is limited to the rights and remedies provided to the Recipient under this Agreement and is subject to the procedures provided to the Recipient under this Agreement.

38. REPORTS - AS NEEDED. The Recipient must provide expeditiously any reports, data, and information reasonably required by the Division, including but not limited to material necessary or appropriate for evaluation of the funding program or to fulfill any reporting requirements of the State or federal government.

39. RESPONSIBILITY FOR WORK. The Recipient shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Recipient shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project, including, but not limited to, payment disputes with contractors and subcontractors. The State Water Board will not mediate disputes between the Recipient and any other entity concerning responsibility for performance of work.

40. RIGHTS IN DATA. The Recipient agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Agreement are subject to the rights of the State as set forth in this section. The State shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Recipient may copyright the same, except that, as to any work which is copyrighted by the Recipient, the State reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do so, and to receive electronic copies from the Recipient upon request. The Recipient may disclose, disseminate and use in whole or in part, any final form data and information received, collected, and developed under this Agreement, subject to appropriate acknowledgement of credit to the State Water Board for financial support. The Recipient shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so.

41. STATE WATER BOARD ACTION; COSTS AND ATTORNEY FEES. In the event of litigation between the parties hereto arising from this Agreement, it is agreed that each party shall bear its own costs and attorney fees.

EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 City of Victorville
Agreement No.: D2410048
Project No. S0048

Exhibit C

42. STATUS QUO. If any action to enforce any right or exercise any remedy shall be brought and either discontinued or determined adversely to the State Water Board, then the State Water Board shall be restored to its former position, rights, and remedies as if no such action had been brought.

43. TERMINATION, IMMEDIATE REPAYMENT, AND INTEREST: This Agreement may be terminated by written notice at any time, at the option of the State Water Board, if:
a. the Recipient has received funds as a result of a material misrepresentation in the funding application or other submitted document; or b. upon violation by the Recipient of any material provision of this Agreement after such violation has been called to the attention of the Recipient and after failure of the Recipient to bring itself into compliance with the provisions of this Agreement within a reasonable time as established by the State Water Board.

In the event of such termination, the Recipient agrees, upon demand, to immediately repay to the State Water Board an amount equal to the amount of Project Funds disbursed to the Recipient prior to such termination. In the event of termination, interest shall accrue on all amounts due at the highest legal rate of interest from the date that notice of termination is mailed to the Recipient to the date of full repayment by the Recipient.

44. TIMING. Time is of the essence. The Recipient must expeditiously proceed with and complete the Project. Failure to proceed according to the timelines set forth in this Agreement may require the Recipient to repay to the State Water Board all disbursed Project Funds.

45. TRAVEL AND PER DIEM. No work or travel outside the State of California is permitted under this Agreement unless the Division provides prior written authorization. No work or travel outside the United States of America is authorized.

Failure to comply with this restriction may constitute an Event of Default and result in termination of this Agreement. Any reimbursement for necessary travel and per diem shall be set pursuant to and at rates not to exceed those set by the California Department of Human Resources at
http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. as of the date costs are incurred by the Recipient.

46. UNDISBURSED FUNDS. The Recipient is not entitled to interest earned on undisbursed funds.

47. UNENFORCEABLE PROVISION; SEVERABILITY. In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 City of Victorville
Agreement No.: D2410048
Project No. S0048

Exhibit C
agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

48. UNION ACTIVITIES: The Recipient hereby acknowledges the applicability of Government Code sections 16645 through 16649 to this Agreement. The Recipient certifies that none of the Project Funds will be used to assist, promote, or deter union organizing. If the Recipient incurs costs or makes expenditures to assist, promote, or deter union organizing, the Recipient will maintain records sufficient to show that no reimbursement from Project Funds has been sought for these costs and the Recipient shall provide those records to the Attorney General upon request.

49. VENUE. Any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California.

50. WAIVER AND RIGHTS OF THE STATE WATER BOARD. Any waiver of rights by the State Water Board with respect to a default or other matter arising under this Agreement at any time shall not be considered a waiver of rights with respect to any other default or matter.

51. WATER CONSERVATION AND EFFICIENCY PROGRAMS: The Recipient acknowledges that it has appropriate water conservation and efficiency programs in place, and that this provision constitutes a condition of this Agreement. A web link with examples of water conservation and efficiency programs is available at:
http://www.waterboards.ca.gov/waterrights/water_issues/programs/drought/cons ervation.shtml.

52. WATER DIVERSION AND USE: To the extent applicable, the Recipient has complied with, and shall continue to comply with, the requirements of Water Code, division 2, part 5.1, section 5100 et seq. for filing statements of water diversion and use.

53. WITHHOLDING OF DISBURSEMENTS AND REIMBURSEMENTS.

Notwithstanding any other provision of this Agreement, the State Water Board may withhold all or any portion of the Project Funds upon the occurrence of any of the following events:
a) Failure of the Recipient to maintain reasonable progress on the Project as determined by the Division;
b) Commencement of litigation or a judicial or administrative proceeding related to the Project, or Recipient that the State Water Board determines may impair the timely satisfaction of Recipient’s obligations under this Agreement; c) Any investigation by State, local, or federal investigators or auditors, or a grand jury, relating to the Recipient’s financial management, accounting procedures, or internal fiscal controls;
EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 City of Victorville
Agreement No.: D2410048
Project No. S0048

Exhibit C
d) A material adverse change in the condition of the Recipient, or the Project, that the Division reasonably determines would materially impair the Recipient’s ability to satisfy its obligations under this Agreement, or any other event that the Division reasonably determines would materially impair the Recipient’s ability to satisfy its obligations under this Agreement; e) The Recipient’s material violation of, or threat to materially violate, any provision of this Agreement;
f) Suspicion of fraud, forgery, embezzlement, theft, or any other misuse of public funds by the Recipient or its employees, or by its contractors or agents directly or indirectly regarding the Project;
g) An event requiring notice under this Agreement; or
h) An Event of Default or an event that the Division determines may become an Event of Default.

EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 City of Victorville
Agreement No.: D2410048
Project No. S0048

Exhibit D
EXHIBIT D – SPECIAL CONDITIONS
D.1 ADDITIONAL REPRESENTATIONS AND WARRANTIES
The Recipient has not made any untrue statement of a material fact in its application for this financial assistance or omitted to state in its application a material fact that makes the statements in its application not misleading.

The Recipient agrees to fulfill all assurances, declarations, representations, and commitments in its application, accompanying documents, and communications filed in support of its request for funding under this Agreement.

The execution, delivery, and performance by Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date of execution of this Agreement by the Recipient, or result in any breach or default under any contract, obligation, indenture, or other instrument to which Recipient is a party or by which Recipient is bound as of the date of execution of this Agreement by the Recipient.

Any financial statements or other financial documentation of Recipient previously delivered to the State Water Board as of the date(s) set forth in such financial statements or other financial documentation: (a) are materially complete and correct; (b) present fairly the financial condition of the Recipient; and (c) have been prepared in accordance with GAAP. Since the date(s) of such financial statements or other financial documentation, there has been no material changes in the financial condition of the Recipient.

The Recipient legally possesses property access rights to any real or personal property necessary for the purposes of this Agreement for which the Recipient does not legally possess all real or personal property rights. The Recipient has disclosed to the State Water Board all proceedings, actions, or offers of which the Recipient has knowledge or belief that may in any way affect the Recipient’s ability to access or legally possess all of the property necessary for the purpose of this Agreement, including any proceedings, actions, or offers to lease, purchase, or acquire by eminent domain any of the real or personal property related to or necessary for the Project.

The Recipient and its principals, contractors, and subcontractors, to the best of the Recipient’s knowledge and belief, are not presently debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in any work overseen, directed, funded, or administered by the State Water Board program for which this grant funding is authorized; nor have they engaged or permitted the performance of services covered by this Agreement from parties that are debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which this grant funding is authorized.

EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 City of Victorville
Agreement No.: D2410048
Project No. S0048

Exhibit D
D.2 NOTICE
The Recipient shall promptly notify the State Water Board of events or proposed changes that could affect the scope, budget, or work performed under this Agreement.

The Recipient agrees that no substantial change in the scope of the Project will be undertaken until written notice of the proposed change has been provided to the State Water Board, and the State Water Board has given written approval for such change.

The Recipient shall notify the State Water Board at least ten (10) working days prior to any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by the State Water Board’s representatives. The Recipient shall promptly notify the State Water Board in writing of completion of work on the Project.

D.3 FRAUD, WASTE, AND ABUSE
The Recipient shall prevent fraud, waste, and the abuse of Project Funds, and shall cooperate in any investigation of such activities that are suspected in connection with this Agreement. The Recipient understands that discovery of any evidence of misrepresentation or fraud related to Reimbursement Requests, invoices, proof of payment of invoices, or other supporting information, including but not limited to double or multiple billing for time, services, or any other eligible cost, may result in an administrative action by the State Water Board and/or referral to the Attorney General’s Office or the applicable District Attorney’s Office for appropriate action. The Recipient further understands that any suspected occurrences of false claims, misrepresentation, fraud, forgery, theft, or any other misuse of Project Funds may result in withholding of reimbursements and/or the termination of this Agreement requiring the immediate repayment of all funds disbursed hereunder. A person who knowingly makes or causes to be made any false statement, material misrepresentation, or false certification in any submittal may be subject to a civil penalty, criminal fine, or imprisonment. (Wat. Code, § 13490 et seq.)
D.4 CONTRACTORS AND CONSULTANTS
Any contractors, outside associates, or consultants required by the Recipient in connection with the services covered by this Agreement shall be limited to such individuals or firms as were specifically identified and agreed to during negotiations for this Agreement, or as are specifically authorized by the State Water Board’s Project Manager during the performance of this Agreement. Any substitutions in, or additions to, such contractors, associates, or consultants, shall be subject to the prior written approval of the State Water Board’s Project Manager.

EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 City of Victorville
Agreement No.: D2410048
Project No. S0048

Exhibit D
D.5 CONDITIONS PRECEDENT TO REIMBURSEMENT
The State Water Board’s obligation to make a reimbursement of the proceeds of this Agreement to the Recipient is subject to and conditioned upon the State Water Board's receipt of each of the following:

1. Copy of executed agreement(s) for response work acceptable to the State Water Board; (Subcontractor(s) must meet all licensing and certification requirements for the work being performed, including, but not limited to, having current and active license(s) issued by the California State Contractors License Board.)

2. Copies of permits from regulatory agencies necessary to conduct response actions;

3. Copies of invoices as identified in Exhibit B;

4. Such other documents, certificates, instruments, opinion, or other writings as the State Water Board may reasonably request;

5. The Recipient has provided proof of payment of the Ability to Pay Obligation, if any, in accordance with D.7; and

6. A complete, adequately supported, properly documented and accurately addressed invoice package.

D.6 DISENCUMBRANCE AND TERMINATION

1. In addition to the relevant provisions of Exhibit C, the State Water Board, at its discretion, may disencumber Project Funds or terminate this Agreement if:
(a) An invoice package seeking reimbursement under this Agreement, or provide proof of payment of the Ability to Pay Obligation, if any, in accordance with D.7, is not received within six (6) months of the effective date of this Agreement; (b) The Recipient does not perform response actions, seek reimbursement under this Agreement, or provide proof of payment of the Ability to Pay Obligation, if any, in accordance with D.7, with due diligence; or
(c) The Recipient is not in compliance with any applicable requirements contained in chapter 6.75 of the Health and Safety Code.

2. The State Water Board’s authority to te rminate this Agreement under any of the Agreement’s termination provisions is not subject to the Dispute provisions in this Agreement.

EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 City of Victorville
Agreement No.: D2410048
Project No. S0048

Exhibit D
D.7 SCAP ABILITY TO PAY
To receive a Site Cleanup Subaccount grant, Responsible Parties must lack sufficient financial resources to pay for the required response actions. The State Water Board has determined that the Responsible Parties have Zero Ability to Pay for the costs of the Project, based on the proposed scope of work and budget provided for the period from the Eligible Work Start Date to the Work Completion Date and all available financial information for the Responsible Parties.

D.8 DISPUTES
The parties shall deal in good faith and attempt to resolve potential disputes informally.

If the dispute persists, the Recipient shall submit to the Deputy Director of the Division of Financial Assistance a written demand for a final decision. The decision of the Deputy Director, or his or her authorized representative, shall be reduced to writing and a copy thereof furnished to the Recipient and to the State Water Board’s Executive Director. The decision of the Deputy Director shall be final and conclusive unless, within thirty (30) calendar days of the date of the Division decision, the State Water Board’s Executive Director receives a written appeal. The Recipient’s written appeal shall be fully supported by any factual information the Recipient desires to be considered in the decision. The Executive Director’s decision shall be final and conclusive, unless determined by a court of competent jurisdiction to have been fraudulent, capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. Pending final decision of a dispute hereunder, the Recipient shall continue to fulfill and comply with all the terms, provisions, commitments, and requirements of this Agreement. This clause does not preclude consideration of legal questions, provided that nothing herein shall be construed to make final the decision of the State Water Board, or any official or representative thereof, on any question of law.

D.9 STATE CROSS-CUTTERS
Recipient represents that, as applicable, it complies and covenants to maintain compliance with the following for the term of the Agreement:

The California Environmental Quality Act (CEQA), as set forth in Public Resources Code section 21000 et seq. and in the CEQA Guidelines at title 14, division 6, chapter 3, section 15000 et seq.

If applicable, Public Works Contractor Registration with Department of Industrial Relations requirements, including requirements set forth in sections 1725.5 and 1771.1 of the Labor Code.

If applicable, Delta Plan Consistency Findings requirements, including the requirements of Water Code section 85225 and California Code of Regulations, title 23, section 5002.

EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 City of Victorville
Agreement No.: D2410048
Project No. S0048

Exhibit D
If applicable, Charter City Project Labor Requirements, including the requirements of Labor Code section 1782 and Public Contract Code section 2503.

The Recipient agrees that it will, at all times, comply with and require its contractors and subcontractors to comply with directives or orders issued pursuant to Division 7 of the Water Code, Health and Safety Code sections 25187, 25187.1, 25296.10, or 101480, Health and Safety Code sections 25355.5 or 25358.3 as those sections read before January 1, 2024, Health and Safety Code sections 78870 or 79055 as those sections read effective January 1, 2024, and any other directive or order issued pursuant to regulatory authority over the Project.

D.10 COMPETITIVE BIDDING AND BONDING WAIVER
The State Water Board may waive any competitive bidding or bonding requirement in this Agreement that is not otherwise required by any applicable State law or local ordinance for competitive bidding or bonding or applicable labor laws.

D.11 EXECUTIVE ORDER N-6- 22 — RUSSIAN SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State Water Board determine Recipient is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. The State Water Board shall provide Recipient advance written notice of such termination, allowing Recipient at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State Water Board.

The Recipient represents that the Recipient is not a target of economic sanctions imposed in response to Russia’s actions in Ukraine imposed by the United States government or the State of California. The Recipient is required to comply with the economic sanctions imposed in response to Russia’s actions in Ukraine, including with respect to, but not limited to, the federal executive orders identified in California Executive Order N-6-22, located at https://www.gov.ca.gov/wp- content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf and the sanctions identified on the United States Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and- country-information/ukraine-russia-related-sanctions). The Recipient is required to comply with all applicable reporting requirements regarding compliance with the EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 City of Victorville
Agreement No.: D2410048
Project No. S0048

Exhibit D
economic sanctions, including, but not limited to, those reporting requirements set forth in California Executive Order N-6-22 for all Recipients with one or more agreements with the State of California with an aggregated value of Five Million Dollars ($5,000,000) or more. Notwithstanding any other provision in this Agreement, failure to comply with the economic sanctions and all applicable reporting requirements may result in termination of this Agreement.

For Recipients with an aggregated agreement value of Five Million Dollars ($5,000,000) or more with the State of California, reporting requirements include, but are not limited to, information related to steps taken in response to Russia’s actions in Ukraine, including but not limited to:

1. Desisting from making any new investments or engaging in financial transactions with Russian institutions or companies that are headquartered or have their principal place of business in Russia;

2. Not transferring technology to Russia or companies that are headquartered or have their principal place of business in Russia; and

3. Direct support to the government and people of Ukraine.

EXHIBIT A, SCOPE OF WORK/FEE SCHEDULE, PROJECT ESC26-005 Ninyo & Moore | Project Name | Proposal No. | Date CA14

Schedule of Fees
Hourly Charges for Personnel
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist .............................................. $ 210 Senior Engineer/Geologist/Environmental Scientist ................................................................................................ $ 200 Senior Project Engineer/Geologist/Environmental Scientist .................................................................................... $ 195 Project Engineer/Geologist/Environmental Scientist ............................................................................................... $ 185 Senior Staff Engineer/Geologist/Environmental Scientist ....................................................................................... $ 170 Staff Engineer/Geologist/Environmental Scientist ................................................................................................... $ 155 GIS Analyst ............................................................................................................................................................... $ 130 Technical Illustrator/CAD Operator .......................................................................................................................... $ 110 Field Staff
Certified Asbestos/Lead Technician ........................................................................................................................ $ 195 Field Operations Manager ........................................................................................................................................ $ 130 Nondestructive Examination Technician (UT, MT, LP) ........................................................................................... $ 125 Supervisory Technician ............................................................................................................................................ $ 120 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing) ............................................. $ 115 Senior Technician ..................................................................................................................................................... $ 110 Technician ................................................................................................................................................................ $ 110 Administrative Staff
Information Specialist ............................................................................................................................................... $ 90 Geotechnical/Environmental/Laboratory Assistant .................................................................................................. $ 95 Data Processor ......................................................................................................................................................... $ 75 Other Charges
Concrete Coring Equipment (includes technician) .............................................................................................. $ 190/hr Anchor Load Test Equipment (includes technician) ............................................................................................ $ 190/hr GPR Equipment ................................................................................................................................................... $ 180/hr Inclinometer .......................................................................................................................................................... $ 100/hr Hand Auger Equipment ....................................................................................................................................... $ 80/hr Rebar Locator (Pachometer) ............................................................................................................................... $ 25/hr Vapor Emission Kit ............................................................................................................................................... $ 65/kit Nuclear Density Gauge ........................................................................................................................................ $ 15/hr X-Ray Fluorescence ............................................................................................................................................ $ 70/hr PID/FID................................................................................................................................................................. $ 25/hr Air Sampling Pump .............................................................................................................................................. $ 10/hr Field Vehicle ......................................................................................................................................................... $ 15/hr Expert Witness Testimony ................................................................................................................................... $ 450/hr Direct Expenses ..................................................................................................................................... Cost plus 15 % Special equipment charges will be provided upon request.

Notes
Technicians and special inspectors, are charged at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours. Overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays.

Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable.

The terms and conditions are included in Ninyo & Moore’s Work Authorization and Agreement form.

Ninyo & Moore | 2024 Laboratory Testing

Schedule of Fees for Laboratory Testing

SOILS CONCRETE
Atterberg Limits, D 4318, CT 204 ............................................................. $ 170 Compression Tests, 6x12 Cylinder, C 39 ................................................... $ 35 California Bearing Ratio (CBR), D 1883 ................................................... $ 550 Concrete Mix Design Review, Job Spec ..................................................... $ 300 Chloride and Sulfate Content, CT 417 & CT 422 .................................... $ 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI ............................... $ 850 Consolidation, D 2435, CT 219 ................................................................. $ 300 Concrete Cores, Compression (excludes sampling), C 42 ........................ $ 120 Consolidation, Hydro-Collapse only, D 2435 ........................................... $ 150 Drying Shrinkage, C 157 .............................................................................. $ 400 Consolidation – Time Rate, D 2435, CT 219 ........................................... $ 200 Flexural Test, C 78 ....................................................................................... $ 85 Direct Shear – Remolded, D 3080 ............................................................ $ 350 Flexural Test, C 293 ..................................................................................... $ 85 Direct Shear – Undisturbed, D 3080 ......................................................... $ 300 Flexural Test, CT 523 ................................................................................... $ 95 Durability Index, CT 229 ............................................................................ $ 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI ................ $ 275 Expansion Index, D 4829, IBC 18-3 ......................................................... $ 190 Lightweight Concrete Fill, Compression, C 495 ......................................... $ 80 Expansion Potential (Method A), D 4546 ................................................. $ 170 Petrographic Analysis, C 856 ....................................................................... $ 2,000 Geofabric Tensile and Elongation Test, D 4632 ...................................... $ 200 Restrained Expansion of Shrinkage Compensation ................................... $ 450 Hydraulic Conductivity, D 5084 ................................................................. $ 350 Splitting Tensile Strength, C 496 ................................................................. $ 100 Hydrometer Analysis, D 6913, CT 203 ..................................................... $ 220 3x6 Grout, (CLSM), C 39 ............................................................................. $ 55 Moisture, Ash, & Organic Matter of Peat/Organic Soils .......................... $ 120 2x2x2 Non-Shrink Grout, C 109 ................................................................. $ 55 Moisture Only, D 2216, CT 226 ................................................................ $ 35 Moisture and Density, D 2937 ................................................................... $ 45 ASPHALT Permeability, CH, D 2434, CT 220 ........................................................... $ 300 Air Voids, T 269 ............................................................................................ $ 85 pH and Resistivity, CT 643 ........................................................................ $ 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality) ............................. $ 4,500 Proctor Density D1557, D 698, CT 216, AASHTO T-180 ....................... $ 220 Asphalt Mix Design Review, Job Spec ........................................................ $ 180 Proctor Density with Rock Correction D 1557.......................................... $ 340 Dust Proportioning, CT LP-4 ........................................................................ $ 85 R-value, D 2844, CT 301 ........................................................................... $ 375 Extraction, % Asphalt, including Gradation, D 2172, CT 382 .................... $ 250 Sand Equivalent, D 2419, CT 217 ............................................................ $ 125 Extraction, % Asphalt without Gradation, D 2172, CT 382 ........................ $ 150 Sieve Analysis, D 6913, CT 202 ............................................................... $ 145 Film Stripping, CT 302 .................................................................................. $ 120 Sieve Analysis, 200 Wash, D 1140, CT 202 ............................................ $ 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366 .......................... $ 225 Specific Gravity, D 854 .............................................................................. $ 125 Marshall Stability, Flow and Unit Weight, T 245 ......................................... $ 240 Thermal Resistivity (ASTM 5334, IEEE 442) ........................................... $ 925 Maximum Theoretical Unit Weight, D 2041, CT 309 .................................. $ 150 Triaxial Shear, C.D, D 4767, T 297 ........................................................... $ 550 Moisture Content, CT 370 ............................................................................ $ 95 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt ................ $ 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 ............. $ 1,000 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt ....................... $ 35 0 Slurry Wet Track Abrasion, D 3910 ............................................................. $ 150 Triaxial Shear, U.U., D 2850 ..................................................................... $ 250 Superpave, Asphalt Mix Verifi cation (incl. Aggregate Quality) .................. $ 4,900 Unconfined Compression, D 2166, T 208 ................................................ $ 180 Superpave, Gyratory Unit Wt., T 312 .......................................................... $ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324 ................................. $ 1,000 MASONRY Unit Weight sample or core, D 2726, CT 308 ............................................. $ 100 Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67 ........... $ 70 Voids in Mineral Aggregate, (VMA) CT LP-2 .............................................. $ 90 Brick Compression Test, C 67 .................................................................. $ 55 Voids filled with Asphalt, (VFA) CT LP-3 ..................................................... $ 90 Brick Efflorescence, C 67 .......................................................................... $ 55 Wax Density, D 1188 ................................................................................... $ 140 Brick Modulus of Rupture, C 67 ................................................................ $ 50 Brick Moisture as received, C 67 .............................................................. $ 45 AGGREGATES Brick Saturation Coefficient, C 67 ............................................................. $ 60 Clay Lumps and Friable Particles, C 142 .................................................... $ 180 Concrete Block Compression Test, 8x8x16, C 140 ................................. $ 70 Cleanness Value, CT 227 ............................................................................ $ 180 Concrete Block Conformance Package, C 90 ......................................... $ 500 Crushed Particles, CT 205 ........................................................................... $ 175 Concrete Block Linear Shrinkage, C 426 ................................................. $ 200 Durability, Coarse or Fine, CT 229 .............................................................. $ 205 Concrete Block Unit Weight and Absorption, C 140 ................................ $ 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 ....................... $ 180 Cores, Compression or Shear Bond, CA Code ....................................... $ 70 Flat and Elongated Particle, D 4791 ............................................................ $ 220 Masonry Grout, 3x3x6 prism compression, C 39 .................................... $ 45 Lightweight Particles, C 123 ......................................................................... $ 180 Masonry Mortar, 2x2 cube compression, C 109 ...................................... $ 35 Los Angeles Abrasion, C 131 or C 535 ....................................................... $ 200 Masonry Prism, half size, compression, C 1019 ...................................... $ 120 Material Finer than No. 200 Sieve by Washing, C 117 .............................. $ 90 Masonry Prism, Full size, compression, C 1019 ...................................... $ 200 Organic Impurities, C 40 ............................................................................... $ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260 ............... $ 1,250 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260 .................... $ 950 Chemical Analysis, A 36, A 615 ................................................................ $ 135 Potential Reactivity of Aggregate (Chemical Method), C 289 ................... $ 475 Fireproofing Density Test, UBC 7-6 .......................................................... $ 90 Sand Equivalent, T 176, CT 217 ................................................................. $ 125 Hardness Test, Rockwell, A 370 ............................................................... $ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136 ........................................ $ 120 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Fine Aggregate (including wash), T 27, C 136 ................. $ 145 per assembly, A 325 ............................................................................. $ 150 Sodium Sulfate Soundness, C 88 ................................................................ $ 450 Mechanically Spliced Reinforcing Tensile Test, ACI ............................... $ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206 .......................... $ 115 Pre-Stress Strand (7 wire), A 416 ............................................................. $ 170 Specific Gravity and Absorption, Fine, C 128, CT 207 ............................... $ 175 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706 ..................... $ 75 Structural Steel Tensile Test: Up to 200,000 lbs., A 370 ........................ $ 90 ROOFING Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI ...................... $ 80 Roofing Tile Absorption, (set of 5), C 67 ..................................................... $ 250 Roofing Tile Strength Test, (set of 5), C 67 ................................................. $ 250

Special preparation of standard test specimens will be charged at the technician’s hourly rate.

Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures.

Item Number: 22
City Council / Board of Directors
Written Communications
Meeting of: July 15, 2025
Submitted By:

Doug Mathews, Director of Public Works and Water

Subject:

Interagency Agreement with Victor Valley Transit Authority for Bus Shelter Maintenance Recommendation:

That the Honorable City Council:
(1) Adopt Resolution No. 25-058, approving a budget amendment for Fiscal Year 2025-2026 to include additional revenue in the amount of $207,480.70 for the Interagency Agreement with the Victor Valley Transit Authority (VVTA) for bus shelter maintenance;
(2) Approve the Interagency Agreement by and between the City of Victorville and VVTA for maintenance, repair, and cleaning of bus shelters and amenities within the City, with an initial ten-year term and an option to renew in five-year increments; (3) Authorize the Mayor to sign the Agreement on behalf of the City; (4) Authorize City staff to invoice VVTA quarterly for reimbursement, based on actual costs incurred, in an amount not to exceed $207,480.70 for the first year, with a 3% increase annually thereafter; and
(5) Accept revenue from VVTA as reimbursement for services performed under the terms of the Agreement.

Fiscal Impact:

Execution of this Agreement with the VVTA, along with the adoption of Resolution No. 25-058, will result in additional revenue to the City of up to $207,480.70 for Fiscal Year 2025–2026, reimbursed by VVTA for the maintenance, repair, and cleaning of bus shelters and related amenities. Actual reimbursement will be based on the City’s documented costs and may be less than the not-to-exceed amount. The Agreement includes a 3% annual increase and may result in additional reimbursements if new shelters or amenities are added in the future.

Revenue will be deposited into the General Fund, Account 1005402-47230 – Bus Shelter Maintenance – Reimbursement-Other, and corresponding expenditures will be tracked 4 2
2 9
under the Bus Shelter Maintenance budget (1005402), which currently has an adopted expenditure budget of $175,406. The difference between the revenue and expenditure amounts is due to capital replacement items included in the agreement, specifically a replacement truck and pressure washer. These items are reimbursable but are not currently budgeted. Staff will monitor expenditures and determine if additional appropriations are needed during the midyear budget review.

Strategic Plan Goal:

This item aligns with Strategic Goal A: Financial Sustainability by ensuring full cost recovery through a long-term interagency agreement, reducing reliance on the General Fund while continuing to deliver essential services. Additionally, it supports Strategic Goal E: Invest in Infrastructure by preserving and maintaining transit-related amenities that contribute to a clean, safe, and accessible public environment.

Background:

The City of Victorville’s Public Works Department is responsible for maintaining the cleanliness and functionality of bus shelters and related amenities within the City’s jurisdiction. These tasks include daily inspections, trash collection and removal, pressure washing, graffiti removal, and clean-up of debris left by individuals. City staff also respond to citizen complaints, conduct necessary repairs, and, at the request of VVTA, relocate or install new bus shelters and amenities. These efforts ensure that public transit users have access to clean, safe, and accessible transit infrastructure throughout Victorville.

To help pay for these services, the City traditionally relied on Local Transportation Funds (LTF) provided through Article 8 of the Transportation Development Act (TDA). LTF is funded through a portion of statewide sales tax and is administered locally by the San Bernardino County Transportation Authority (SBCTA). Under Article 8, cities that do not operate their own transit systems, like Victorville, were allowed to use these funds for maintaining local streets, roads, and bus shelters, as long as all regional transit needs were considered reasonably met.

This funding provided a steady and dedicated revenue source for the City’s bus shelter maintenance efforts. With support from LTF, the City was able to carry out regular cleaning, remove graffiti, collect trash, and make minor repairs. These services helped keep transit facilities clean, safe, and functional for the community.

In April 2022, the SBCTA Board of Directors approved a regional policy change that modified how LTF and other transportation funds may be used. Under this new policy, all LTF apportionments in the Victor Valley and North Desert subareas must now be used only for public transit operations. This change aligned with broader efforts to prioritize funding for regional transit providers.

As a result of this change, the City of Victorville became ineligible to receive LTF funds for services such as bus shelter maintenance, as all LTF funds were reallocated to the Victor Valley Transit Authority (VVTA) – the high desert region’s transit authority. The City received a final, one-time apportionment of Article 8 funds in September 2022. Thus, 4 2
2 9
fiscal year 2022–2023 was the last year the City received LTF revenue. In that year, bus shelter maintenance costs were transitioned from Fund 230 (LTF) to the General Fund (Fund 100).

Discussion:

With the recent reallocation of LTF funds, the City can no longer rely on its previous funding source to support bus shelter maintenance. The City began discussions with VVTA on how to fund bus shelter maintenance operations to ensure the same level of service for our community.

These discussions were centered on the most fiscally responsible mechanism to ensure adequate service levels for bus shelter maintenance. VVTA fully recognized and agreed that maintaining high standards of cleanliness, safety, and visual appeal is essential to meet the expectations of transit riders and residents.

To support both agencies' goals of delivering a high level of service to the community, VVTA has agreed that the City should continue its bus shelter maintenance program.

Under the proposed agreement, VVTA will reimburse the City for the actual costs incurred in providing these services. Additionally, responsibility for managing the bus shelter advertising program will shift to VVTA. If approved, the agreement will result in VVTA assuming full financial responsibility for the maintenance of all bus shelters within the City, while allowing the City to continue performing the maintenance work.

There are currently 346 bus stops within the City of Victorville’s jurisdiction. Of these, 103 stops are improved with amenities such as benches, trash receptacles, and shelters.

These enhanced locations require routine maintenance to ensure they remain safe, clean, and accessible to the public. To meet these needs, the City’s Public Works Department operates a dedicated maintenance team that performs the following tasks annually:
• Conducts over 20,000 inspections;
• Washes bus shelters more than 6,300 times;
• Removes over 1,600 bags of trash;
• Abates graffiti at approximately 270 locations, totaling 1,650 square feet; and • Responds to citizen complaints and after-hours shelter-related incidents To continue delivering these service levels while adhering to current LTF policy requirements, the City has prepared an Interagency Agreement with VVTA. This agreement allows the City to continue performing bus shelter maintenance while receiving reimbursement from VVTA for the actual cost of services.

Key terms of the proposed agreement include:
• Initial Term: A ten-year agreement, with the option to renew in five-year increments.
4 2
2 9
• Reimbursement: VVTA will reimburse the City for the actual costs of maintaining, cleaning, and repairing the 103 improved shelters.
• Annual Funding Cap: For Fiscal Year 2025–2026, reimbursement will not exceed $207,480.70, with a 3% annual increase each year to account for inflation and rising service costs.
• Expense Coverage: The agreement covers both operational costs and periodic capital expenses for equipment replacement, such as a shelter-cleaning vehicle and a 200-gallon pressure washer.
• Invoicing: The City will submit quarterly invoices to VVTA, accompanied by supporting documentation.
• Shelter Ownership: VVTA will retain ownership of the shelters and remain responsible for providing replacement parts and procuring new shelters as needed.

The City will continue to provide bus shelter maintenance services, including graffiti removal, trash collection, pressure washing, emergency response, and ADA-compliant shelter installations or relocations as requested by VVTA. This agreement provides a stable and long-term funding structure that supports uninterrupted maintenance of transit infrastructure within the City of Victorville. It also ensures transit stops remain clean, functional, and accessible for all riders, while complying with SBCTA’s revised LTF funding policies.

The VVTA Board of Directors already received the details of this agreement during the Fiscal Year 2025–2026 budget process. If Council moves forward with staff's recommendation, the agreement will be executed under the signing authority of VVTA CEO, Nancie Goff.

Therefore, staff are requesting the Honorable City Council adopt Resolution No. 25-058 and approve the Interagency Agreement with the Victor Valley Transit Authority to ensure continued maintenance, cleaning, and repair of the City’s improved bus shelters, with full cost reimbursement for services rendered.

Staff is available for any questions the council may have.

Prepared By:

Juan Robinson, Assistant Director of Public Works
Summer Burgess, Management Technician
Mel Krejckant, Public Works & Water Administrative Manager Attachments: A. Resolution No. 25-058
B. Interagency Agreement with VVTA
C. City of Victorville Bus Shelter Maintenance List
2 6
4 5
Attachment A
2 6
4 5
RESOLUTION NO. 25-058

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2025-2026; APPROVING

REVENUE RELATED TO THE INTERAGENCY AGREEMENT WITH THE VICTOR

VALLEY TRANSIT AUTHORITY FOR BUS SHELTER MAINTENANCE
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 2025-2026; and WHEREAS, copies of said budget were prepared and distributed to the City Council and approved on June 3, 2025, and have been available for inspection by the public in the office of the City Clerk; and
WHEREAS, after preparation of the budget, the City of Victorville prepared an Interagency Agreement with the Victor Valley Transit Authority (VVTA) for reimbursement of bus shelter maintenance, cleaning, and repair services, which is being presented to the City Council for approval; 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.

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 2025-2026 for the City of Victorville be hereby amended to reflect a change in the amounts and associated account listed below and as described in the corresponding Agenda Item.

Account Amount Adjusted
1005402-47230 (Revenue) $207,480.70
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 filed in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by the City departments, offices and subsidiary districts of the City.

SECTION 3. That this Resolution shall take effect immediately upon its adoption.

Attachment B
1 INTERAGENCY AGREEMENT FOR THE MAINTENANCE, REPAIR, AND CLEANING OF

BUS SHELTERS AND AMENITIES

BETWEEN VICTOR VALLEY TRANSIT AUTHORITY
AND

THE CITY OF VICTORVILLE

This Interagency Agreement for Maintenance, Repair, and Cleaning of Bus Shelters and Amenities (“AGREEMENT”) dated this ____ day of _______, 2025, is entered into by and between the Victor Valley Transit Authority, a joint powers authority duly formed and created in 1993 pursuant to California law, hereinafter referred to as " VVTA", and the City of Victorville, a California municipal corporation and charter city, located in the County of San Bernardino, State of California, hereinafter referred to as the "CITY” , VVTA and the CITY are sometimes hereinafter referred to individually as a "PARTY" or collectively as the "PARTIES".

RECITALS

WHEREAS, VVTA was established under California law as a regional transit system operated within the high desert communities of Adelanto, Apple Valley, Barstow, Hesperia, Victorville, and the County of San Bernardino; and

WHEREAS, VVTA owns a majority of the bus shelters and amenities within the CITY'S juris diction and the CITY desires to c ontinue maintaining said bus shelters for VVTA in exchange for reimbursement by VVTA of agreed-upon maintenance expenses; and

WHEREAS, VVTA retains the exclusive rights to sell advertising space on the bus shelters and any future shelters VVTA may own within the CITY'S jurisdiction.

NOW THEREFORE, VVTA and the CITY , for and in consideration of the mutual promises and agreement herein contained, do hereby agree as follows:

AGREEMENT

ARTICLE 1. MAINTENANCE OF BUS SHELTERS AND AMENITIES AND TERM

Section 1.01. Maintenance of Bus Shelters and Amenities.

A. Reimbursement. Subject to the terms and conditions herein contained, VVTA hereby agrees to reimburse the CITY for the maintenance, repair, and cleaning of the current (103) bus stop shelters and amenities as further described in Exhibit "A" attached hereto and incorporated herein by this reference, as well as any future bus shelters and amenities VVTA may own within the CITY’S jurisdiction (collectively hereinafter, the " BUS SHELTERS AND AMENITIES") in an amount not to exceed $207,480.70 for the first year of this AGREEMENT, with an increase of 3% annually thereafter.

B. Scope of Work . The scope of work includes cleaning, trash collection and removal, maintenance, and repair of BUS SHELTERS AND AMENITIES to be performed by the CITY in accordance with the following standards:

2 • Inspect all shelters and amenities located within the CITY during regularly scheduled workdays.
• Clean up after unhoused persons, remove debris as needed. • Pressure wash shelters as needed, up to 30 to 40 locations daily to keep clean and sanitized.
• Pick up and properly dispose of trash around the shelters and amenities. To be performed as needed within a 15-foot radius of the shelter while staying within the CITY right of way.
• Empty trash containers and change out trash bags as needed. • Remove graffiti from shelters and other amenities.
o Within 48 hours of notification by VVTA, whether made by telephone or email. o The methods used for removal will be at the discretion of the CITY. • Touch-up/paint the shelters and amenities as needed.
o CITY will make the initial determination of when a shelter requires touch-up or painting.
o VVTA can submit a written request to CITY in the event VVTA believes shelter painting beyond that determined by the CITY is needed.
o The CITY has 72 hours to respond to VVTA’ S written request and any painting agreed upon by the PARTIES will be scheduled for a future date. • Perform repairs to the shelters and amenities as needed. o Upon inspection by the C I T Y, if repairs are deemed necessary, a request will be sent to VVTA for parts.
o Upon receipt of CITY’S request for parts, VVTA will order the necessary parts and have them delivered to the CITY’S Public Works Yard at (14177 McArt Rd.).  Examples: trash can lid repairs, solar light testing and repairs, replace/repair plexiglass, replacement of roof panels, etc. • Respond to citizen complaints pertaining to bus stop and shelter issues and conditions. o Upon notification, whether by phone or email, CITY will respond within 48 hours to investigate the complaint.
• Respond to after -hours traffic accidents that involve any bus stop shelter and/or amenity.
o Response time is one hour from notification.
o Secure the area and remove the shelter if unsafe (this nee ds to be completed immediately) so that the area remains safe and clear for pedestrians. • Replace damaged parts from an accident.
o A list of damaged parts will be provided to VVTA within 72 hours of the accident. o VVTA will then order the required parts and have the m delivered to the CITY’ S Public Works yard at (14177 McArt Rd).
o Upon receipt of parts, CITY will have the installation of parts scheduled within one week of parts being received.
• Install new shelters and amenities at the request of VVTA, this includes the relocation of shelters as well.
o A written request from the VVTA Director of O perations or his/her designee outlining each location that will be required.
3 o The CITY shall be responsible for ensuring that all new shelters and amenities installed under this Agreement comply with the Americans with Disabilities Act (ADA) standards. This includes, but is not limited to, the design, construction, and maintenance of such facilities to ensure full accessibility for individuals with disabilities.
o The CITY’S Public Works department will work with the CITY’S Engineering department for approval of the new installation or relocation of a shelter within the CITY right of way.
o For new installations, VVTA will cover all cost s for a n appropriately licensed contractor to install the new shelters.
o Installations will be scheduled once locations have been approved by CITY and an appropriately licensed contractor has been secured by the CITY to perform the work.

Section 1.02. Term of Agreement.

The term of this AGREEMENT shall be for an initial ten (10) years, commencing on ___________, 2025 and expiring on __________, 2035, unless earlier terminated as provided in Section 1.03 hereof. If not so terminated , this AGREEMENT shall renew in five (5) year increments under the same terms and conditions set forth herein.

Section 1.03. Termination.

Notwithstanding the provisions of Section 1.02, either PARTY shall have the right to terminate this AGREEMENT for cause (breach) upon providing not less than sixty (60) days prior written notice to the other PARTY for any uncured Event of Default as defined and described in Section 1.04 below.

Following the end of the initial term, either PARTY may terminate this AGREEMENT without cause by providing other PARTY with not less than three hundred sixty -five (365) days prior written notice. In the event of such termination, VVTA shall be liable for payment under the payment provisions of this Agreement for all services and maintenance provided by the CITY prior to the effective date of termination.

Section 1.04. Events of Default; Breach of Agreement.

A. In the event either PARTY fails to: (i) perform any duty, obligation, service or task set forth under this AGREEMENT; or (ii) timely perform any duty, obligation, service or task within the time specified in this AGREEMENT, or if no time is specified, within a reasonable time; or (iii) properly perform any duty, obligation, service, or task set forth under this AGREEMENT , an event of default (hereinafter “Event of Default”) shall occur.

B. For all Events of Default, the PARTY alleging an Event of Default shall give written notice to the defaulting PARTY (hereinafter “Default Notice ”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; and (iii) a date by which the Event of Default shall be corrected ( cured), which date shall be not less than the applicable cure period set forth in the following subsections. Default Notices shall be given as specified in Sections 4.02 and 4.03 of this Agreement. An Event of Default shall constitute 4 a breach of this AGREEMENT if the defaulting PARTY fails to cure the Event of Default within the applicable cure period or any extended cure period allowed hereunder.

C. VVTA shall cure the following Events of Defaults within the following time periods:

1. Within five (5) business days of CITY’S issuance of a Default Notice to VVTA for any failure of VVTA to timely pay when due any undisputed sums owed to CITY under this AGREEMENT.

2. Within ten (10) business days of CITY’S issuance of a Default Notice to VVTA for any other Event of Default under this Agreement. Prior to the expiration of the 10 -day cure period, VVTA may submit a written request to the CITY for additional time to cure the Event of Default upon a showing that VVTA has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period.

The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 10-day cure period.

D. CITY shall cure the following Event of Defaults within the following time periods:

1. Within five (5) business days of VVTA’S issuance of a Default Notice to the CITY for any failure to obtain or maintain insurance or self-insurance as specified in this Agreement.

Prior to the expiration of the 5-day cure period, CITY may submit a written request to VVTA for additional time to cure the Event of Default upon a showing that CITY has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 5-day cure period. The foregoing notwithstanding, VVTA shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds ten (10) business days from the end of the initial 10-day cure period.

2. Within ten (10) business days of VVTA’S issuance of a Default Notice to the CITY for any other Event of Default under this Agreement. Prior to the expiration of the 10 -day cure period, CITY may submit a written request to VVTA for additional time to cure the Event of Default upon a showing that CITY has commenced efforts to cure the Ev ent of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period.

The foregoing notwithstanding, VVTA shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 10-day cure period.

E. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privil ege, or service voluntarily given or performed by a PARTY shall give the other PARTY any contractual rights by custom, estoppel, or otherwise.

F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. In addition to any other remedies available to PARTIES at law or under this AGREEMENT, in the event of any breach of this 5 AGREEMENT, the non- breaching PARTY may terminate this AGREEMENT upon providing at least sixty (60) days written notice to the breaching PARTY as specified in Section 1.03 hereof.

In the event of such termination, VVTA shall be liable for payment under the payment provisions of this Agreement for all services and maintenance provided by the CITY prior to the effective date of termination.

Section 1.05. Force Majeure Events.

A. The provisions of Section 1.4 notwithstanding, lack of performance by either PARTY shall not be deemed to be a breach of this Agreement (except for any obligations to make payments to the other PARTY hereunder) where the delays or defaults are due to: natural disasters or acts of God; unusually severe weather events; acts of terrorism; labor disputes or stoppages; war; government acts or orders (other than those of VVTA or the CITY); epidemics, pandemics or outbreak of communicable disease; quarantines; national or regional emergencies; or any other inability of either PARTY, whether similar or dissimilar to those enumerated or otherwise, which are not within the control of the PARTY claiming such inability or disability (hereinafter the “Impacted PARTY”), which such Impacted PARTY could not have avoided by exercising due diligence and care (such conditions being herein referred to as “Force Majeure Events”).

B. The Impacted PARTY shall give written notice of the Force Majeure Event to the other PARTY, not later than ten (10) business days following the Force Majeure Event commencing, which notice shall: describe the force majeure event, state the Impacted PARTY’S actions taken to minimize the impact thereof, and stating the period of time the delay or fa ilure to perform is expected to continue. The Impacted PARTY shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted PARTY shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted PARTY’s failure or delay remains uncured for a period of thirty (30) consecutive days following the written notice given by it under this Section 1.0 5, the PARTIES will use good faith efforts to negotiate an interim or permanent modification to this Agreement which responds to the Force Majeure Event and maintains the standards and purposes for which this Agreement was executed. If no such modification can be agreed up on, either PARTY may thereafter terminate this Agreement upon fourteen (14) calendar days’ written notice to the other PARTY.

Section 1.06. Invoicing and Payment.

A. The CITY shall invoice VVTA on a quarterly basis. The CITY shall furnish information as may be requested by VVTA to substantiate the validity of an invoice. The CITY shall submit invoices to:

VICTOR VALLEY TRANSIT AUTHORITY
ATTN: ACCOUNTS PAYABLE
17150 SMOKE TREE STREET
HESPERIA, CA 92345-8305
[email protected]

Each invoice shall include, at a minimum, the following information:

• Invoice number.
6 • Description of service
• Unit Price, extended price, and applicable taxes
• Information as requested by VVTA.
• Each invoice must include the receipts supporting the expenses listed on the invoice.

B. VVTA shall remit payment to the CITY within Thirty (30) calendar days of the date of the invoice. In the event of a disputed sum, VVTA shall remit full payment within this timeframe and notify the CITY in writing of any portion in question that requires additional information from the CITY . Any adjustments agreed upon by the PARTIES will be made to the following quarterly invoice.

ARTICLE 2. MAINTENANCE AND REPAIRS

Section 2.01. Maintenance by the CITY.

At all times during the term of this AGREEMENT, the CITY shall, at the CITY'S own cost and expense, maintain the BUS SHELTERS AND AMENITIES, consistent with all standards set forth in S ection

1.01.B of this AGREEMENT. VVTA will reimburse the CITY for its actual costs of such maintenance on a quarterly basis per the terms of Section 1.01 of this AGREEMENT, not to exceed the annual amount as specified in Section 1.01.A. VVTA will be responsible for purchasing and supplying to the CITY any parts, components, s treet furniture, and replacement to the BUS SHELTERS AND AMENITIES damaged during any accident/incident or due to normal wear and tear. VVTA will also be responsible for purchasing new shelters and amenities and/or supplying replacement shelters due to damage or normal wear and tear, and reimbursing the CITY for the installation of such new equipment from VVTA’S capital funding.

Section 2.02. Application of Insurance.

Any and all liability, fire or other insurance proceeds that become payable at any time during the term of this Agreement because of damage to or destruction of any improvements on the BUS SHELTERS and Amenities shall be paid to VVTA and applied by VVTA toward the cost of parts and component replacement (i.e. Street furniture, all amenities, etc..), required to rectify repairing and restoring the damaged or destroyed improvements in the manner required by Section 2.01 of this Agreement.

ARTICLE 3. INDEMNITY AND INSURANCE

Section 3.01. Indemnification:

A. To the furthest extent allowed by law, the CITY shall indemnify, hold harmless, and defend VVTA and its members, board members, officers, officials, employees, agents and volunteers from any and all los s, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by VVTA, the CITY or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising out of or in connection with the CITY’S performance of work under this AGREEMENT, provided that such claims, liabilities, damages, losses, or expenses are caused by the CITY’S negligence, willful misconduct or breach of this Agreement.

7 B. If the CITY should subcontract all or any portion of the work to be performed under this Agreement, the CITY shall require each subcontractor to inde mnify, hold harmless and defend VVTA and its members, board members, officers, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. The provisions of this Subsection A shall survive the termination or expiration of this AGREEMENT.

C. If the CITY has retained legal counsel acceptable to VVTA, the CITY shall have the sole charge and direction of the defense of the suit, action, or proceeding while it is assigned to such counsel. VVTA shall, at the request of the CITY, furnish to the CITY all reasonable assistance that may be necessary for the purpose of defending such suit, action or proceeding, and shall be repaid all reasonable costs incurred in doing so. VVTA shall have the right to be represented therein by advisory counsel of its own selection at its own expense.

Section 3.02. Insurance

A. General Requirements for the CITY

1) Without limiting or diminishing the CITY’S obligation to indemnify or hold VVTA harmless, the CITY shall procure, prior to commencement of the services required under this AGREEMENT and maintain for the duration of the AGREEMENT at its own expense, insurance of the kinds and in the amounts as indicated below.

2) Provide VVTA with valid original certificates of insurance and (except regarding Professional Liability and Workers’ Compensation) showing VVTA as an additional insured.

B. Deductibles or Self-Insured Retention (SIR)

SIR must be declared to and approved by VVTA. At the option of VVTA, either: the insurer shall reduce or eliminate such deductibles or SIR, or the CITY shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

C. Other Insurance Provisions

1) Commercial General Liability and Automobile Liability

Commercial General Liability insurance coverage, including but not limited to, premises liability, contractual liability, products and completed operations liability, personal and advertising injury covering claims which may arise from or out of the CITY’S performance of its obligations hereunder and if the CITY’S vehicles or mobile equipment are used in the performance of the obligations under this AGREEMENT , then the CITY shall maintain liability insurance for all owned, non -owned or hired vehicles so use d. Policy shall name VVTA, its officers, officials, employees, agents, and volunteers as insureds as respects: liability arising out of activities performed by or on behalf of the CITY; products and completed operations of the CITY; premises owned, occupied, or used by the CITY; or automobiles owned, leased, hired, or borrowed by the CITY. The coverage shall contain no special limitations of the scope of protection afforded VVTA, its officers, officials, employees, agents, and volunteers.

8 2) Workers’ Compensation

If the CITY has employees as defined by the State of California, the CITY shall maintain statutory Workers’ compensation Insurance (Coverage A) as prescribed by the laws of the State of California. The policy shall include Employers’ Liability (Co verage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of VVTA.

3) Property Insurance

VVTA acknowledges that the insurance maintained by the CITY will not insure any of VVTA’ S p r o p e r t y . A c c o r d i n g l y , V V T A s h a l l , a t i t s o w n e x p e n s e , m a i n t a i n i n f u l l f o r c e a n d e ff e c t a n insurance policy on all of its property.

D. Acceptability of Insurers

Insurance companies shall be State of California admitted or approved and have a current A.M. Best’s rating of no less than A: VIII. The foregoing notwithstanding, no A.M. Best’s rating is required in the event that the CITY self-insures.

E. Verification of Coverage

1. The CITY shall furnish VVTA with original endorsements affecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All insurance certificates and endorsements are to be received and approved by VVTA before work commences.

2. As an alternative, the CITY’S insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

3. In lieu of purchasing insurance and providing original endorsements and or certificates of insurance, the CITY may provide proof of self- insurance; such proof must be to the satisfaction of VVTA.

F. S ubcontractors

All coverage for subcontractors shall be subject to all the requirements stated herein.

G. Notification of Terminated Insurance

Insurance shall not be terminated or expire without thirty (30) days’ written notice and is required to be maintained in force until completion of the AGREEMENT.

H. Endorsements

9 The following endorsements 1 through 4 are required to be made a part of the Comprehensive General Liability policy, and Endorsement No.4 is required to be made part of the Workers’ Compensation and Employers’ Liability policy:

1. “Victor Valley Transit Authority (herein referred to as VVTA), its employees, officers, and agents are hereby added as additional insureds.”

2. “This policy shall be considered primary insurance as respects any other valid and collectible insurance VVTA may possess, including any self-insured retention VVTA may have, and any other insurance VVTA does possess shall be considered excess insurance only.”

3. “This insurance shall act for each insured and additional insured as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company.”

4. “Thirty (30) days’ prior written notice of Termination shall be given to VVTA in the event of Termination.”
Such notice shall be sent to:

Victor Valley Transit Authority
ATTN: Procurement Manager
17150 Smoke Tree Street
Hesperia, California 92345
[email protected]
I. Proof of Coverage

Copies of all the required Endorsements shall be attached to the CERTIFICATE OF INSURANCE which shall be provided by the CITY ’S insurance company as evidence of the stipulated coverage. This Proof of Insurance shall then be mailed to:

Victor Valley Transit Authority
ATTN: Procurement Manager
17150 Smoke Tree Street
Hesperia, California 92345
[email protected]

J. Special Provisions

1. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the CITY and any approval of said insurance by the VVTA Board, VVTA staff or their insurance consultant(s), are not intended to and shall not in any manner limi t or quality the liabilities and obligations otherwise assumed by the CITY pursuant to this AGREEMENT, including, but not limited to, the provisions concerning indemnification.

K. MINIMUM INSURANCE COVERAGE

1) Commercial General Liability including Products/Completed Operations:
10 $2,000,000; per occurrence for bodily and property damage liability and $4,000,000 aggregate.

2) Automobile Liability: $2,000,000; per occurrence for bodily and property damage liability and aggregate.

3) Workers’ Compensation: statutory limits

4) Employer’s Liability: $1,000,000 per occurrence.

ARTICLE 4. MISCELLANEOUS

Section 4.01. Attorney's Fees.

Should any litigation be commenced between the PARTIES concerning the BUS SHELTERS AND AMENITIES, this AGREEMENT , or the rights and duties of either in relation thereto, the PARTY prevailing in that litigation shall be entitled, in addition to any other relief that may be granted in the litigation, to a reasonable sum as and for that PARTY'S attorney's fees in that litigation that shall be determined by the court in that litigation or in a separate action brought for that purpose.

Section 4.02. Notices to VVTA.

Except as otherwise expressly provided by law and/or in this AGREEMENT, any and all notices or other communications required or permitted by this AGREEMENT or by law to be served on or given to VVTA by the CITY shall be in writing and shall be deemed duly served and given when personally delivered to VVTA, to the Chief Executive Officer, or designee, of VVTA, or, in lieu of personal service, when deposited in the United States mail, first-class postage prepaid, addressed to VVTA at:

Victor Valley Transit Authority
Attn: Procurement Manager
17150 Smoke Tree Street
Hesperia, CA 92345
[email protected]

With a copy to: San Bernardino County
Attn: VVTA Counsel
385 North Arrowhead Avenue
San Bernardino, CA 92415-0140

Section 4.03. Notices to the CITY.

Except as otherwise expressly provided by law and/or in this AGREEMENT, any and all notices or other communications required or permitted by this AGREEMENT or by law to be served on or given to the CITY by VVTA shall be in writing and shall be deemed duly served and given when personally delivered to the CITY , to the City Manager , or designee, of the CITY , or, in lieu of personal service, when deposited in the United States mail, first-class postage prepaid, addressed to the CITY at:

City of Victorville
11 Attn: City Manager
14343 Civic Drive
Victorville, CA 92392

With a copy to: Green de Bortnowsky, LLP
Attn: Andre de Bortnowsky, City Attorney
30077 Agoura Court, Suite 210
Agoura Hills, CA 91301

Section 4.04. Governing Law; Venue

This AGREEMENT, and all matters relating to this AGREEMENT, shall be governed by the laws of the State of California in force at the time any need for interpretation of this AGREEMENT or any decision or holding concerning this AGREEMENT arises. 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 4.05. Binding on Heirs and Successors.

This AGREEMENT shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the PARTIES hereto, but nothing in this section shall be construed as a consent by VVTA to any assignment of this AGREEMENT or any interest therein by the C I T Y.

Section 4.06. Partial Invalidity.

If any provision of this AGREEMENT is held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this AGREEMENT shall remain in full force and effect unimpaired by the holding.

Section 4.07. Sole and Only Agreement.

This instrument constitutes the sole and only agreement between VVTA and the CITY with respect to the maintenance, repair, and cleaning of the BUS SHELTERS AND AMENITIES as specified in this AGREEMENT, and the terms and conditions set forth in this AGREEMENT correctly set forth the obligations of VVTA and the CITY to each other as of the date of full execution by the PARTIES. This AGREEMENT shall supersede any prior agreements, negotiations , or communications, oral or written, regarding the subject matter hereof. Any agreements, amendments, or representations with respect to th is AGREEMENT not expressly set forth in this instrument are null and void. No subsequent agreement, representation, promise or amendment made by either PARTY hereto, or by or to an employee, officer, agent or representative of either PARTY hereto shall be of any effect unless it is in writing and executed by the authorized representatives of the PARTIES.

Section 4.08. Time Is of the Essence.

Time is expressly declared to be of the essence of this AGREEMENT.

12 Section 4.09. 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 PARTY each purports to represent.

[END OF PAGE – SIGNATURE PAGE FOLLOWS]

13 IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT as of the dates following their respective signatures below.

VICTOR VALLEY TRANSIT AUTHORITY CITY OF VICTORVILLE

__________________________________ ____________________________ Nancie Goff, VVTA CEO Elizabeth Bacerra, Mayor

Date: _____________________________ Date:_________________________

APPROVED AS TO FORM: APPROVED AS TO FORM:

_______________________________________________________ _____________________________________________ San Bernardino County Counsel Andre de Bortnowsky, City Attorney

_________________________________
Sandra Bostick, City Risk Manager

Attachment C
Simme Seat City-owned VVTA-owned Comments
1 X
2 X
3 PARK AVE @ KAISER X
4 7TH ST @ E. Sage (BAKERS) X
5 7TH ST @ La Paz Dr (NEW CORRAL) X Once the shelter is replaced and upgraded, it will be reclassified as a VVTA-owned location
6 7TH ST @ Desert Knolls Dr X Once the shelter is replaced and upgraded, it will be reclassified as a VVTA-owned location
7 7TH ST @ Victor St E/S X Once the shelter is replaced and upgraded, it will be reclassified as a VVTA-owned location
8 7TH ST @ Circle Dr X
9 7TH ST @ S.MOJAVE DR E/S X
10 7TH ST @ CENTER ST X
11 7TH ST @ FORREST AVE X
12 X
13 7TH ST @ WESTSIDE X
14 7TH ST @ MOJAVE DR W/S X
15 X X
16 X
17 7TH ST @ VICTOR ST W/S X
18 7TH ST @ PLAZA DR X Once the shelter is replaced and upgraded, it will be reclassified as a VVTA-owned location
19 X
20 VALLEY CENTER @ World Gym X
21 KENTWOOD @ PALMDALE RD S/B X
22 CIVIC DR @ SENECA RD W/S X
23 AMARGOSA RD @ HOOK BLVD X
24 HOOK BLVD @ ARLETTE DR. X
25 HOOK BLVD @ ARLETTE DR. S/SIDE X
26 ROY ROGERS @ FARMER BOYS E/B X
27 CIVIC DR @ HOME DEPOT S/B X
28 ROY ROGERS N/S @ 7 11 W/B X
29 ROY ROGERS N/S @ WELLS FARGO X
30 X X
31 NEVADA AVE @ INNOVATION DR W/S X
32 VILLAGE DR @ GRAN TRIASSIC X
33 ORICK AVE N / VASQUEZ AVE X
34 VILLAGE DR @ TAWNEY RIDGE X
35 X X
36 DEL REY DR @ MOJAVE DR X
37 DANTE @ STODDARD WELLS X
38 STODDARD WELLS @ MOBILE HOME PK X
39 11TH ST @ VIEW POINT MED CTR X
40 11TH ST @ VV HOSPITAL X
41 11TH ST @ ACROSS FORM HOSPITAL X
42 RODEO DR @ VICTOR ST X
43 RODEO DR @ HUGHES RD X
44 RODEO DR @ SENECA RD X
45 HESPERIA RD @ CRESTVIEW X
46 HESPERIA RD @ CHERRY HILL X
47 HESPERIA RD @ GREENTREE BLVD X
48 GREENTREE BLVD @ KNOLLS WEST X
49 GREENTREE BLVD @ RODEO DR X
50 GREENTREE BLVD @ POST OFFICE X
51 ARROWHEAD @ YATES N/B X
52 ARROWHEAD @ YATES S/B X
7TH ST @ TATUM RD
LORENE DRIVE @ COSTCO
CONDOR RD @ MOJAVE DR
MOJAVE DR / Del Rey & LA PAZ Dr
City of Victorville Bus Shelter Maintenance List
LOCATIONS:

AMARGOSA RD @ ANACAPA Rd S/B
PARK AVE @ S.S OFFICE
BST @ 7TH ST
7TH ST @ GRIDIRON PIZZA
Simme Seat City-owned VVTA-owned Comments LOCATIONS:
53 NISQUALLI @ CYPRESS AVE X
54 NISQUALLI @ FIRST AVE X
55 NISQUALLI @ CASA BELLA APERTMENTS X
56 HESPERIA RD @ NISQUALLI X
57 HESPERIA RD @ COMMANCHE X
58 HESPERIA RD @ SILICA DR W/S X
59 HESPERIA RD @ 12240 W/S X
60 JASMINE ST @ HESPERIA RD E/S X
61 JASMINE ST @ GASTRO GROUP E/B X
62 INDUSTRIAL BLVD S/B X
63 INDUSTRIAL BLVD N/B X
64 BEAR VALLEY RD @ TAMARISK X X
65 B V R @ HESPERIA RD (CARLS JR) X
66 HESPERIA RD @ PIZZA HUT X
67 HESPERIA RD @ EDISON E/S X
68 HESPERIA RD @ SILICA DR E/S X X
69 JASMINE ST @ HESPERIA RD W/S X X
70 JASMINE ST @ FIRST AVE X
71 2ND AVE @ JASMINE ST W/S X
72 2ND AVE @ DESERT VALLEY E/S X
73 BEAR VALLEY RD @ EAST OF 2ND AVE X X
74 BEAR VALLEY RD @ FIFTH AVE X
75 BEAR VALLEY RD @ SEVENTH AVE X
76 BEAR VALLEY RD @ NINTH AVE X
77 BEAR VALLEY RD @ ELEVENTH AVE X
78 BEAR VALLEY RD @ BALSAM X
79 BEAR VALLEY RD @ COTTONWOOD X
80 BEAR VALLEY RD @ 14868 X
81 MARIPOSA RD @ SW GAS X
82 EL EVADO N/O PALMDALE E/S X
83 EL EVADO S/O SENECA RD W/S X
84 EL EVADO @ CVS X
85 EL EVADO @ AM PM X
86 EL EVADO @ CIRCLE K X
87 EL EVADO @ LUNA RD (CHURCH) X
88 EL EVADO @ LUNA E/S X
89 EL EVADO @ LA HABRA W/S X
90 AMARGOSA @ ASHLEY FURN X X
91 AMARGOSA @ B OF A X X
92 AMARGOSA @ JACK IN THE BOX X X
93 AMARGOSA @ APPLEBEES X
94 AMARGOSA @ CARINOS X
95 AMARGOSA @ PARK & RIDE X
96 BEAR VALLEY RD @ CHEVRON X
97 BEAR VALLEY RD @ PACOIMA X
98 BEAR VALLEY RD @ AMETHYST N/E X
99 AMETHYST @ BEAR VALLEY RD W/S X
100 AMETHYST @ NORTHSTAR W/S X
101 AMETHYST @ LA MESA W/S X
102 LA MESA RD @ WAGON WHEEL RD X
103 MESA LINDA AVE S / LUNA RD X
Item Number: 23
City Council / Board of Directors
Written Communications
Meeting of: July 15, 2025
Submitted By:

Doug Mathews, Director of Public Works and Water

Subject:

Purchase of Clary Uninterruptible Power Supply (UPS) Systems for Signalized Intersections
Recommendation:

That the Honorable City Council approve the purchase of twenty-two (22) Clary Uninterruptible Power Supply (UPS) systems from NexTech Systems, Inc. for a not-to- exceed amount of $179,199.76.

Fiscal Impact:

Funds for this expenditure have been appropriated in the Fiscal Year 2025-26 Capital Improvement Project (CIP) budget and are available in the following accounts:

Account Description Account Code Amount
Traffic Signal UPS Replacement 2004501-55040-62065 $135,000 Traffic Signal UPS Replacement 2504503-55040-62065 $45,000 Total: $180,000
Acting in accordance with the staff’s recommendation will result in a fiscal impact of $179,199.76, which is within the available budget.

Strategic Plan Goal:

Goal E – Invest in Infrastructure: By maintaining signal functionality during power outages, these UPS systems strengthen the City's traffic infrastructure. They enhance public safety, reduce service disruptions, and support a more resilient and livable community.

Background:

The City of Victorville operates and maintains 100 signalized intersections across the community. To ensure continuous traffic flow and public safety during power outages, each intersection is equipped with a battery backup system known as an Uninterruptible 4 2
3 2
Power Supply (UPS) system. These battery backup units automatically activate when utility power is lost, keeping traffic signals functioning without interruption. By maintaining signal operations during power outages, the UPS systems help reduce the risk of accidents, minimize traffic congestion, and ensure safe and orderly travel for all road users.

In the past, the City utilized various UPS models manufactured by Clary, Myers, and Dimensions. Over time, Clary systems emerged as the most reliable, easiest to maintain, and best suited for integration with the City’s infrastructure. As a result, Clary UPS units were formally standardized for traffic signal applications. Currently, approximately 85 of the City’s 100 intersections are equipped with Clary systems. However, Clary has since discontinued support for UPS units older than seven years, which has rendered many existing units unserviceable. To ensure continued system reliability, uniformity, and maintainability, staff has identified the need to replace 22 aging UPS units to the current standardized Clary SP 1250 XLE model.

Discussion:

On April 23, 2025, staff issued a Request for Bids (RFB) for Project #JM25-125 – Uninterruptible Power Supply (UPS) Replacements, in accordance with the formal bidding procedures outlined in Victorville Municipal Code (VMC) Section 2.28.100. The RFB was advertised in the San Bernardino Sun on April 23, 2025, and in the Daily Press on April 30, 2025. In addition to these publications, bid invitations were emailed directly to four (4) authorized Clary distributors and posted to the City of Victorville’s website.

The specifications included in the RFB were based on the City’s previously approved standardization of the Clary SP 1250 XLE UPS system, which has demonstrated proven performance and reliability across the City’s traffic signal network. This unit is currently installed at approximately 85 of the City’s 100 signalized intersections and has become the preferred system due to its ease of maintenance, strong manufacturer support, and compatibility with existing infrastructure. To ensure uniformity, compatibility, and operational efficiency, the City’s procurement of replacement units is limited to this standardized model.

Two responsive bids were received by the submission deadline from authorized Clary distributors: NexTech Systems, Inc. and Coquina Labs, Inc. Although both vendors submitted identical pricing of $179,199.76, staff conducted a qualitative evaluation of each proposal based on delivery lead time, manufacturer certification, and completeness of the bid submittals. A summary is provided below:

Vendor Bid Amount Delivery Lead Time Factory-Certified
Technician
NexTech Systems,
Inc.
$179,199.76 175-189 days Yes – confirmed in
submittal
Coquina Labs, Inc. $179,199.76 Initially listed 15-20
days, corrected to
175-189 days
No – not listed in
submittal
4 2
3 2
While both bids met the pricing requirement, NexTech Systems, Inc. submitted a more accurate and complete proposal. Their bid included documentation verifying the use of a factory-certified technician, ensuring qualified installation support. In contrast, Coquina Labs, Inc. did not identify certification and initially misrepresented their delivery timeline, requiring clarification after submission. Based on these distinctions, staff determined that NexTech Systems, Inc. demonstrated superior responsiveness and reliability in meeting the City’s specifications.

Pending Council approval, staff will proceed with the replacement of 22 UPS units at signalized intersections identified by the Public Works Traffic Division. These replacements will enhance system reliability and reduce the risk of equipment failures due to discontinued manufacturer support. Staff recommends approving the purchase of 22 Clary SP 1250 XLE UPS systems from NexTech Systems, Inc., in an amount not to exceed $179,199.76.

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

Prepared By:

Summer Burgess, Management Technician
Attachments: A. Bid Proposals
B. Approved Standardization Request

ATTACHMENT A

ATTACHMENT B

Item Number: 24
City Council / Board of Directors
Written Communications
Meeting of: July 15, 2025
Submitted By:

Fredy Bonilla, City Engineer

Subject:

Approval of Final Tract Map No. 18980
Recommendation:

That the Honorable City Council:
(1) Approve Final Tract Map No. 18980; and
(2) Approve the execution of a Subdivision Improvement Agreement including a lien agreement as security for the public improvements between the subdivider, Silica Homes LLC, and the City.

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:

In accordance with Victorville Municipal Code (VMC) §17.32.010, a final tract map is required to subdivide five (5) or more parcels of land for a residential subdivision. The subdivider is also required to install public improvements in accordance with VMC §17.64.010. These improvements include, but are not limited to, grading, drainage, streets, street lighting, road signs and markings, sewer, water, and landscaping along master-planned roads, as well as any other improvements deemed necessary. All submitted plans must be prepared by a registered civil engineer and submitted to the Engineering Department for review and approval, as this review ensures compliance with City standards and the conditions of approval placed on the subdivision are met. A subdivision Improvement Agreement (SIA), along with improvement security to guarantee 4 2
3 6
the completion of the required public improvements, is also required in accordance with VMC §17.64.050 and §17.64.060. An engineer’s cost estimate of the proposed improvements must be submitted to the Engineering Department for review and approval as this document is used to determine the amount of improvement security required.

Discussion:

The Subdivider (Silica Homes LLC) has now requested the approval of Tract Map No. 18980, the subdivision provides for of total of 17 residential lots within the said tract.

Please see Attachment A, a vicinity map and Attachment B, the final tract map.

The conditions of approval have been satisfied and all documents have been received by the City that are required to approve the final tract map. These documents include:
(1) Final tract map (Attachment B)
(2) Approved improvement plans (on file with the Engineering Dept.) (3) Approved Engineer’s cost estimate (on file with the Engineering Dept.) (4) Subdivision Improvement Agreement (Attachment C) & Lien Agreement (Exhibit C of Attachment C)
Staff recommends that the Honorable City Council approve Final Tract Map No. 18980 and approve the execution of a Subdivision Improvement Agreement including a Lien Agreement as security between the Subdivider and the City for Final Tract Map No. 18980, for the public improvements for said tract.

Staff is available for any questions Council may have.

Prepared By:

Nicoale Sylvestre, Management Specialist
Attachments: A. Vicinity Map
B. Final Tract Map
C. Subdivision Improvement Agreement

Attachment B Final Tract Map

Attachment C
Subdivision Improvement
Agreement

Recording Requested By:

C

ITY OF VICTORVILLE

When Recorded Return To:

C

ITY OF VICTORVILLE
14343 Civic Drive
Victorville, CA 92392

Recording of this document is fee-exempt under Government Code Section 6103 No Transfer Tax is due pursuant to Revenue Taxation Code Section 11922

IRREVOCABLE OFFER OF DEDICATION

APNS: 3091-141-01
Pursuant to Government Code Section 7050, Fuat John Kavak and Janet Kavak, Trustee of the Kavak Family Trust dated April 20, 2006 owner/grantor, hereby offer(s) to dedicate to the City of Victorville, a Municipal Corporation of the State of Ca lifornia, grantee, an easement for public purposes, including but not limited to street, highway, sewer, drainage, public utilities, and public access, over, on, under, along, and across that real property situated in the City of Victorville, County of San Bernardino, State of California, described by the attached Exhibit “A”.

IN WITNESS WHEREOF, the undersigned state that they are the person(s) whose signature is required to convey the interest state within this instrument and has/have caused this instrument to be execute as of the day, month, and year indicated.

Executed by Grantor/Owner:

B y : D a t e d :

Print Name: Fuat John Kavak

B y : D a t e d :

P r i n t N a m e : J a n e t K a v a k

(NOTARY ACKNOWLEDGEMENT IS REQUIRED FOR ALL SIGNATURES)

S t a t e o f
County of

O n b e f o r e m e , ,
( d a t e ) ( n a m e and title of officer) personally appeared ,
who proved to me on the basis of satisfactory evidence to be th e person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies ), and that by his/her/their si gnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

EXHIBIT “A”
(DESCRIPTION OF PUBLIC STREET RIGHT‐OF‐WAY EASEMENT DEDICATION OVER APN 3091‐141‐01) THE EASTERLY 32.00 FEET OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE EAST ½ OF THE SOUTHWEST 1/4  OF THE NORTHEAST 1/4 OF SECTION 33, TOWNSHIP 5 NORTH, RANGE 4 WEST IN THE CITY OF VICTORVILLE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

SAID PARCEL CONTAINING 0.24 ACRES MORE OR LESS.

THIS LEGAL DESCRIPTION WAS PREPARED BY:

__________________________
Brian T. Hess
Professional Land Surveyor No. L 8136

Item Number: 25
City Council / Board of Directors
Written Communications
Meeting of: July 15, 2025
Submitted By:

James Murawski, Airport Director
Subject:

Building 701 Demolition, Standard Construction Agreement, Project #CC25-134 Recommendation:

That the Southern California Logistics Airport Authority Board of Directors approve the award of a Standard Construction Agreement with Vertex Civil, LLC, for Building 701 Demolition, Project #CC25-134, with the total compensation not to exceed $355,360.

Fiscal Impact:

The award of this agreement will result in the expenditure of budgeted operations funds from Airport Account 4501130A-52415 in the amount not to exceed $355,360. The current available budget amount is $450,000. The budget is outlined as follows:

Current Budget
Balance
4501130A-52415 Building 701 Demolition $450,000
Strategic Plan Goal:

Goal E. Invest in Infrastructure: Project #CC25-134 invests in infrastructure by removing a dilapidated building that will prepare the site for future development.

Background:

Building 701 at the Southern California Logistics Airport is located outside of the Airport Operations Area in a rectangular plot of land bordered by George Boulevard, Readiness Street, and Phantom West. This two story, 19,800 square foot structure was constructed in 1968. Due to lack of demand, this office building has not been occupied since it was abandoned by the Air Force in 1992.

Staff has determined that the building is an ideal candidate for demolition, given the lack of demand and the ideal location for future development of aeronautical support buildings, 3 8
4 7
including the potential for one or two wide body capable aircraft hangars.

If demand existed to occupy the building, the cost to remedy the multitude of occupancy issues would be prohibitive given the relatively small size of the building. The entire HVAC system and ducting would need to be replaced. The entire roof would need to be rebuilt as some areas have collapsed into the building, allowing rainwater, frost, dust, birds, and sunshine into the interior of the building. Abundant asbestos containing material located in the building would need to be remediated. Restrooms would need to be upgraded to comply with modern building codes. An elevator may have to be installed to allow people with disabilities to access the second floor. A comprehensive fire suppression system would need to be installed, including pipes, sensors, sprinklers, backflow devices, and a fire panel. Building inspections from 1990 and 1994 indicate that the building lacks adequate fire escapes, the design and construction of which would add additional costs. The building has twenty-two vintage 1968 windows, several of which are broken, that are not compliant with modern energy efficiency standards. The entire interior of the building would need new paint, flooring, lighting fixtures, and electrical and communication upgrades to accommodate modern office equipment.

Given the lengthy and prohibitive repair costs needed to rehabilitate this building, the lack of demand since abandonment in the early 1990’s, and the prime location for future development, Staff determined that the best remedy for this building is complete demolition.

Discussion:

The demolition of Building 701 will require abatement and removal of approximately 35,000 square feet of asbestos containing material in accordance with local, state, and federal regulations by licensed contractors. All utilities for the building will be cut and capped according to applicable regulations. The entire building will be demolished and removed, including the concrete slab and footings. The harvested concrete will be stored on the Airport to be crushed for use as base material for future road and runway rehabilitation projects. The site will then be backfilled with clean dirt and compacted to the existing grade.

A project of this size and scope requires the skills of an experienced, licensed contractor.

To procure a contractor, Staff worked with the City Purchasing team to develop a solicitation package in compliance with City Municipal Code §2.28.200. Staff advertised the Notice Inviting Bids on May 07, 2025, in the Daily Press and on May 14, 2025, in the San Bernardino Sun. The project announcement was emailed to twenty-nine (29) representatives of contractors in the demolition and construction industry. Staff conducted a formal, mandatory pre-bid meeting and Job Walk for Building 701 Demolition, Project #CC25-134 on May 21, 2025, which was attended by twenty-five (25) contractors. On June 05, 2025, staff received and opened eleven (11) bids for the project, which are listed as follows:
3 8
4 7
Company: Location: Bid:

Vertex Civil, LLC Anaheim, CA 355,360
Interior Demolition, Inc Newhall, CA 359,998
Integrated Remedial Demolition Anaheim, CA 417,930
Resource Environmental Cerritos, CA 441,461
Ampco Contracting Irvine, CA 443,130
American Integrated Orange, CA 449,570
Unlimited Environ Santa Fe Springs, CA 463,194
Precision Env Ventura, CA 463,906
JL McDaniels Bakersfield, CA 469,820.47
KNC Apple Valley, CA 471,634
ACT Inc Upland, CA 497,700
Staff carefully evaluated each bid in accordance with City Municipal Code §2.28.040 and determined the best value bidder to be Vertex Civil, LLC, on account of their experience, qualifications, and overall price. A minor bid discrepancy on a single line item from Vertex Civil LLC, was observed and waived by staff in accordance with City Municipal Code §2.28.045
The contract award presented herein has been competitively solicited in accordance with City Municipal Code §2.28.200. For the reasons presented herein, staff recommends that the Southern California Logistics Airport Authority Board of Directors approve the award of a Standard Construction Agreement to Vertex Civil, LLC, for Building 701 Demolition, Project #CC25-134, in the amount not to exceed $355,360.

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

JM/see
Attachments: A. Site Map
B. Construction Agreement
C. Vertex Civil, LLC, Bid Proposal Price Schedule
D. Municipal Code 2.28.200
E. Municipal Code 2.28.040
F. Municipal Code 2.28.045

ATTACHMENT A

SITE MAP

ATTACHMENT B

CONSTRUCTION

AGREEMENT
1 Construction Agreement/Vertex Civil, LLC/Project CC25-134

CONSTRUCTION AGREEMENT

BY AND BETWEEN

THE SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
AND

VERTEX CIVIL, LLC
FOR
BUILDING 701 DEMOLITION, CC25-134

THIS CONSTRUCTION AGREEMENT (the “Agreement”) dated this __________________ day of ______________, 2025, for reference purpose only, is made and entered into by and between the Southern California Logistics Airport Authority, a joint powers authority located in the County of San Bernardino, State of Californ ia, hereinafter referred to as “SCLAA”, and Vertex Civil, LLC, a Limited Liability Company formed in Delaware, hereinafter referred to as the “Contractor”. The SCLAA and the Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”

RECITALS:

WHEREAS, the SCLAA requires Building 701 Demolition, Project CC25-134 (the “Project”); and

WHEREAS, in light of the facts set forth above, the SCLAA desires to retain Contractor in connection with Building 701 Demolition Project.

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 Forty- Five (45) 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 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 such termination or suspension. In the event of such termination, the SCLAA 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. 2 Construction Agreement/ Vertex Civil, LLC/Project CC25-134

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 termin ation, the SCLAA 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. Notice Inviting Bids for the Project.

4. Special Provisions.

5. Faithful Performance &Payment Bonds

6. Non-Collusion Declaration.

7. Guaranty.

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 Three Hundred Fifty-Five Three Hundred Sixty 00/100 Dollars ($355,360.00) , as full compensation for furnishing; all materials, doing all the work contemplated and embraced in this contract, all loss or damage arising out of the nature of the work aforesaid, the action of the elements, any unforeseen difficulties or obstructions which may arise or be encountered in the execution of the work until its acceptance by the SCLAA, and for all risks of every description connected with the work, all expenses incurred by or in consequence of the suspension or discontinuance of work well and faithfully completing the whole work, thereof, according to the requirements of the Contract Documents and to the satisfaction of James Murawski, Airport Director or his designee, to wit:

See Exhibit “A”, Scope of Work.

Section 7. BID PROPOSAL FORMS

The SCLAA shall pay Contractor as provided in the Bid Proposal Forms, attached hereto as Exhibit “B”, and incorporated herein by this reference as though set forth in full, subject to approval of the SCLAA, when applicable.
3 Construction Agreement/ Vertex Civil, LLC/Project CC25-134

Section 8. PREVAILING WAGES

a. Compliance with State Prevailing Wage Law. Pursuant to California Labor Code Section 1773, the SCLAA 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, Building 701 Demolition, 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 comply with all provisions of the Labor Code applicable to contractors and subcontractors when they are engaged in the performance of any work under this Agreement which constitutes “public works” or “public work” as defined in subsection a above, despite being designated as a 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” or Exhibit “B” 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.

(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

4 Construction Agreement/ Vertex Civil, LLC/Project CC25-134

(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 SCLAA, 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 SCLAA. 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:

(1) Pursuant to Labor Code section 1775, the Contractor and any subcontractor under it shall forfeit as a penalty to the SCLAA 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 SCLAA, forfeit twenty -five dollars ($25) for each worker employed in the 5 Construction Agreement/ Vertex Civil, LLC/Project CC25-134

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 into 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 Contract or is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the SCLAA.

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 SCLAA. Contractor shall commence work pursuant to the Contract Documents as directed by the SCLAA in the Notice to Proceed, and to diligently execute the same to completion within the time limits set forth in the Contract Documents.

Section 11. COMPLIANCE WITH LAWS

Contractor shall comply with all local, state, and federal laws and regulations applicable to the performance of the work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses shall be held or obtained by the Contractor at its sole expense.

6 Construction Agreement/ Vertex Civil, LLC/Project CC25-134

Section 12. COMMERCIAL GENERAL, AUTOMOBILE AND POLLUTION

LIABILITY INSURANCE

Contractor shall procure and maintain at its own expense, during the term of this Agreement, com mercial general liability insurance, of not less than Two Million Dollars ($2,000,000) per occurrence, and Four Million Dollars ($4,000,000) 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 Limit, covering any vehicle(s) utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the services required by this Agreement.

Section 13. POLLUTION LIABILITY

Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $1,000,000 aggregate per policy period of one year.

Section 14. INSTALLATION FLOATER

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 an Installation Floater 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 shall name the City as a Loss Payee as their interest may appear, and include a Waiver of Subrogation Endorsement(s) in favor of the City of Victorville.

Section 15. 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 SCLAA, the City of Victorville and their officers, employees, servants, volunteers, and agents and independent contractors, including, without limitation, the Authority Legal Counsel, are named as Additional Insureds.

Section 16. WAIVER OF SUBROGATION RIGHTS

Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the SCLAA, the City of Victorville and their officers, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
7 Construction Agreement/ Vertex Civil, LLC/Project CC25-134

Section 17. 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 Authority Secretary certificates of said insurance at least one (1) day prior to the commencement of any work 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 SCLAA 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 SCLAA of such termination or expiration.

d. 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 SCLAA, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the SCLAA, 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 18. TIME OF THE ESSENCE

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

Section 19. INDEMNIFICATION

Notwithstanding the limits of any insurance, Contractor shall indemnify the SCLAA, its officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the SCLAA 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;

8 Construction Agreement/ Vertex Civil, LLC/Project CC25-134

b. C ontractor will promptly pay any judgment rendered against the SCLAA, it s 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 SCLAA, its officials, volunteers, officers, agents, and employees harmless there from;

c. In the event the SCLAA, 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 SCLAA, its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the SCLAA, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to the SCLAA;

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 20. REPORTS

Upon request by James Murawski, Airport Director , or his designee, Contractor shall prepare and submit reports concerning Contractor's performance of the work required by this Agreement.

Section 21. RECORDS

a. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable James Murawski, Airport Director 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. James Murawski, Airport Director , or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

d. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Cont ractor and made available to James Murawski, 9 Construction Agreement/ Vertex Civil, LLC/Project CC25-134

Airport Director 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 22. MODIFICATIONS AND AMENDMENTS

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

Section 23. ENTIRE AGREEMENT

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

b. The Contract Documents contain all of the covenants and Agreement s 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 24. AMBIGUITIES

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

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

Notwithstanding the foregoing, the Parties agree that Exhibit “B” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Construction Agreement and Exhibit “B”, the terms of this Construction Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Construction Agreement.

Section 25. 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 SCLAA: James Murawski, Airport Director
Southern California Logistics Airport Authority
18374 Phantom West
Victorville, CA 92394

10 Construction Agreement/ Vertex Civil, LLC/Project CC25-134

To Contractor: Jeremy Coriale, Chief Operating Officer
Vertex Civil, LLC
2211 Michelson Drive, Suite 350
Irvine, CA. 92612

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 26. NON-LIABILITY OF THE SCLAA OFFICERS AND EMPLOYEES

No officer or employee of the SCLAA shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the SCLAA 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 27. 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 28. 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 SCLAA, except those losses or damages as may be caused by the SCLAA’s own negligence. The performance of the work by Contractor or the payment of money by the SCLAA shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the SCLAA, when such inaccuracies are due to the negligence of Contractor.

Section 29. 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 30. SUCCESSORS, HEIRS, AND ASSIGNS

Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. This Agreement may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the SCLAA, which may be withheld in the SCLAA’s sole discretion since the experience and qualifications of Contractor were material considerations for this Agreement.

11 Construction Agreement/ Vertex Civil, LLC/Project CC25-134

Section 31. 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 32. 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 33. 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 34. CUMULATIVE REMEDIES

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

Section 35. 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 36. ATTORNEY'S FEES

Should any litigation, specifically including but not limited to, arbitration and other non-judicial resolution of disputes be commenced between the Parties to this Agreement concerning this Agreement or the rights and duties of either in 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 37. EFFECTIVENESS OF AGREEMENT

This Agreement shall not be binding upon the SCLAA, until signed by the authorized representative(s) of Consultant, approved by the Authority Risk Manager, and executed by the authorized the SCLAA personnel or Authority Chairman.

Section 38. REPRESENTATIONS OF PARTIES AND PERSONS

EXECUTING AGREEMENT

12 Construction Agreement/ Vertex Civil, LLC/Project CC25-134

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 39. 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.

Section 40. CARB COMPLIANCE OBLIGATIONS

a. CARB Regulations. Contractor is aware of the California Air Resources Board (“CARB”) regulations mandating various emission reduction requirements. Contractor agrees to comply with all applicable CARB regulations (Title 13, Division 3 of the California Code of Regulations (“CCR”)) prior to commencing any work hereunder and maintain compliance throughout the duration of this Contract.

(1) Vehicles with a Gross Vehicle Weight Rating (GVWR) greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to CARB’s Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets (ACF) webpage at
https://ww2.arb.ca.gov/our-
work/programs/advanced-clean-fleets.

(2) Effective January 1, 2024, CARB implemented amendments to the In- Use Off- Road Diesel- Fueled Fleets Regulation (13 CCR Section 2449 et seq., the “Off- Road Regulation”) which apply broadly to all self -propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California (including any vehicles or equipment that is rented or leased). The Off -Road Regulation is available at:
https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf .

b. Contractor must comply with all CARB regulations and requirements, including without limitation, all applicable sections of the Off -Road Regulation (as codified in 13 CCR Section 2449 et seq.) throughout the term of the Project and this Contract. Contract or shall be solely liable for all costs associated with complying with the regulations, as well as for any and all penalties, fines, damages, or costs associated with violations or failures to comply with the regulations. Contractor shall defend, indemnify, and hold harmless the SCLAA and the City of Victorville, its elected and appointed officials, officers, agents, and employees from and against any and all claims, liabilities, costs, penalties, interest or other damages arising out of Contractor’s failure or alleged failure to comply with CARB regulations.

(END OF THIS PAGE)
13 Construction Agreement/ Vertex Civil, LLC/Project CC25-134

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

SOUTHERN CALIFORNIA LOGISTICS VERTEX CIVIL, LLC

AIRPORT AUTHORITY

By: ________________________________ By: _________________________________ Elizabeth Becerra, Jeremy Coriale,
Authority Chairman Chief Operating Officer

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: ____________________________

14 Construction Agreement/ Vertex Civil, LLC/Project CC25-134

EXHIBIT A

SCOPE OF WORK

SCLAA agrees to engage Contractor and Contractor agrees to furnish all necessary labor, tools, materials, and equipment for and to do the Work for the Project. The Work shall be performed (i) as generally described in the Request for Bid, Project Number CC25- 134 and applicable Addenda, for the Project, portions of which are attached hereto for ease of reference as Exhibit "A”, and the entirety of which is currently on file in office of the Authority Secretary); and (ii) the prices set forth in Contractor’s Bid Proposal (attached as Exhibit "B").

See Attachment

15 Construction Agreement/ Vertex Civil, LLC/Project CC25-134

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY (SCLAA) CC25-134 BUILDING 701 DEMOLITION

Scope of Work

This project involves the demolition and removal of Building 701. Building 701 is two stories and approximately 19,800 sq. ft. The Contractor shall abate approximately 35,000 sq. ft. of Asbestos Containing Material (“ACM”) noted in the attached asbestos survey in accordance with federal, state, and local regulations. The Contractor shall be responsible for all costs related to the legal removal of all ACM in accordance with State, federal, and local laws. The Contractor shall disconnect and cap all electric, gas, water, and sewer in accordance with State, federal, and local laws. Utilities being capped shall be verified by an inspector with the Building Division prior to burial. The Contractor shall dismantle all buildings, structures, facilities, and other debris. Concrete slab, footings, and flatwork shall be removed, crushed, and stockpiled for Southern California Logistics Airport Authority “SCLAA” to salvage and haul away. Demolition operations shall be in accordance with all State, federal, and local regulations. The Contractor shall ensure minimum interference with roads, streets, sidewalks, and adjacent buildings. The Contractor shall be responsible for any damage done to the surrounding buildings or property and shall be repaired at the expense of the Contractor. The Contractor shall transport all demolished materials at the end of each work week to avoid materials accumulating on-site and legally dispose of them. The Contractor shall provide SCLAA with disposal weight ticket. The Contractor shall control and minimize airborne dust during demolition in accordance with local regulations. The Contractor shall provide fencing and/or barriers to secure the perimeter of Building 701. The Contractor shall backfill demolition site to meet existing site grades and compact as necessary. The Contractor shall be responsible for all dimensions and square footage of Building 701 prior to bidding.

16 Construction Agreement/ Vertex Civil, LLC/Project CC25-134

EXHIBIT B

BID PROPOSAL FORMS

See Attachment

EXHIBIT B, PROJECT CC285-134
17/Construction Agreement/ Vertex Civil, LLC/Project CC25-134

ATTACHMENT C

VERTEX CIVIL LLC, BID

PROPOSAL PRICE

SCHEDULE
EXHIBIT B, PROJECT CC285-134
17/Construction Agreement/ Vertex Civil, LLC/Project CC25-134

ATTACHMENT D
MUNICIPAL CODE 2.28.200

ATTACHMENT E
MUNICIPAL CODE 2.28.040

ATTACHMENT F
MUNICIPAL CODE 2.28.045

Item Number: 26
City Council / Board of Directors
Written Communications
Meeting of: July 15, 2025
Submitted By:

Jorge Duran, Code Enforcement Official

Subject:

Waste Tire Enforcement Grant – Budget Amendment
Recommendation:

That the Honorable City Council adopt Resolution No. 25-007, approving a budget amendment for Fiscal Year 2025/2026 to appropriate $64,335.00 in both revenue and expenditures related to the Waste Tire Enforcement Grant as awarded by the California Department of Resources Recycling and Recovery (CalRecycle).

Fiscal Impact:

Adopting Resolution No. 25-007 (Attachment A) will result in additional revenue and expenditures in the amount of $64,335.00. These funds are allocated as shown below:

Account Code Account Description Amount
2704005 43110 20405 Tire Enforcement Grant – Revenue $64,335.00 2704005 51100 20405 Personnel – Expense $43,067.00
2704005 52140 20405 Training & Education – Expense $9,042.00 2704005 52150 20405 Travel/Meetings – Expense $5,000.00 2704005 52220 20405 Supplies – Expense $5,776.00
2704005 52300 20405 Contract Services – Expense $1,450.00 Strategic Plan Goal:

The Waste Tire Enforcement Grant aligns with the City of Victorville’s 2023–2026 Strategic Plan by supporting Goal A (Financial Sustainability), Goal B (Public Safety), and Goal F (Community and Outreach). This program enhances support for our business community through the regulation and educational outreach on the proper handling and manifesting of waste tires for tire-related businesses operating within the City. 4 2
3 1
Background:

The City has received grant funding from CalRecycle since 2003 to regulate businesses that generate or haul waste tires and to deter illegal tire disposal. Resolution No. 23-081 (Attachment B) authorizes the City Manager, or their designee, to submit the application and execute all related documents for the Waste Tire Enforcement Grant.

Discussion:

An application for the Waste Tire Enforcement Grant was submitted to CalRecycle on November 18, 2024. CalRecycle approved the City’s request and awarded $64,335.00 in grant funds on April 1, 2025. These funds will support the City’s efforts related to waste tire generator inspections, patrols, officer training, and the purchase of necessary field equipment.

The City Manager authorized acceptance of the grant pursuant to Victorville Municipal Code Section 2.28.060(e)(10), which permits acceptance of grant agreements expected to generate revenue of $125,000 or less. However, a budget amendment is required to formally appropriate the grant revenue and associated expenditures. The Grant Agreement (Attachment C) was executed on April 14, 2025.

Staff recommends that the City Council adopt Resolution No. 25-007, approving a budget amendment for Fiscal Year 2025/2026 to appropriate $64,335.00 in revenue and expenditures related to the Waste Tire Enforcement Grant as awarded by CalRecycle.

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

Prepared By:

Anthony Gallegos, Management Specialist
Attachments: A. Resolution No. 25-007
B. Resolution No. 23-081
C. Grant Agreement

ATTACHMENT A

RESOLUTION NO. 25-007

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 202 5-2026; APPROVING ADDITIONAL

APPROPRIATIONS AND ADDITIONAL REVENUE AND EXPENDITURES FOR THE WASTE TIRE ENFORCEMENT PROGRAM.

WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expen ditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2025-2026; and

WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 30, 20 25 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 City of Victorville has been notified of the award of grant funding in the amount of Sixty -Four Thousand, Three Hundred and Thirty -Five Dollars ($64,335.00) relating to the 202 5 CalRecycle Waste Tire Enforcement Grant Program; and

WHEREAS, the City Council wishes to amend the annual budget as set forth in this Resolution to memorialize the acceptance of the grant and recognize the associated increase in revenue and 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 2025 -2026 for the City of Victorville be hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item

Account Amount
2704005 43110 20405 (Revenue) $64,335.00
2704005 51100 20405 (Expenditure) $43,067.00
2704005 52140 20405 (Expenditure) $9,042.00
2704005 52150 20405 (Expenditure) $5,000.00
2704005 52220 20405 (Expenditure) $5,776.00
2704005 52300 20405 (Expenditure) $1,450.00

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 the City departments, offices and subsidiary districts of the City.

ATTACHMENT B

ATTACHMENT C