City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
VICTORVILLE CITY COUNCIL
VICTORVILLE LIBRARY BOARD OF TRUSTEES
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
THE CITY AS HOUSING ASSETS SUCCESSOR
JOINT POWERS FINANCING AUTHORITY
VICTORVILLE WATER DISTRICT
Regular Meeting Agenda
Tuesday, August 19, 2025
5:00 p.m. Closed Session
6:00 p.m. Regular Session
The
City
Council
holds
its
business
meetings
in
public
in
accordance
with
the
requirements
of
the
Ralph
M.
Brown
Act,
its
established
policies
and
procedures,
and
its
adopted
parliamentary
authority.
The
Council
strives
to
carry
out
its
meetings
in
an
atmosphere
of
professionalism
with
full
participation
by
members
of
the
body
and
the
public.
As
such,
the
Presiding
Officer
is
empowered
to
govern
City
Council
Meetings
to
foster
the
efficient
and
fair
administration
of
City
business
and
reserves
the
right
to
enforce
(or
cause
to
be
enforced)
the
Meeting
Rules
of
Conduct
and
Decorum
as
set
forth
in
Chapter
5 of
the
City
Council Policy and Procedures Manual.
The
City
Council
welcomes
and
encourages
public
participation
and
invites
the
community
to
attend
in
person.
City
Council
Meetings
will
be
held
in-person
at
City
Hall
in
Council
Chambers.
Remote
viewing
of
our
Council
Meetings
is
available
through
YouTube,
but
public
comments
must
be
given
in-person
at
the
meeting or in advance as noted below.
Public
Comments:
Members
of
the
public
may
submit
comments
electronically
by
4 p.m.
the
day
of
the
meeting
to
be
distributed
to
City
Council.
Participants
are
invited
to
address
the
Council
on
agendized
and
non-agendized
topics
at
the
beginning
of
the
meeting.
Public
comments
will
be
no
longer
than
three
(3)
minutes
per
community
member.
Should
a
speaker
conclude
their
comments
prior
to
the
expiration
of
three
(3)
minutes,
the
speaker
waives
the
right
to
speak
for
any
remaining
amount
of
time.
For
further
information
about
how
to
address
the
Council,
please refer to the City's website at
victorvilleca.gov/agendas
.
LEVINE
ACT
DISCLOSURE:
Pursuant
to
the
Levine
Act
(Govt.
Code
section
84308),
any
party
to
a
permit,
license,
contract,
or
other
entitlement
before
the
Victorville
City
Council
is
required
to
disclose
on
the
record
any
campaign
contribution,
including
aggregated
contributions,
of
more
than
$500
made
by
the
party
or
the
party's
agents
within
the
preceding
12 months
to
any
City
official.
Participants
and
agents
are
requested
to
make
this
disclosure
as
well.
The
disclosure
must
include
the
name
of
the
party,
participant,
or
agent,
and
any
other
person
making
the
contribution;
the
name
of
the
recipient,
the
amount
of
the
contribution,
and
the
date
the
contribution was made.
In
compliance
with
the
Americans
with
Disabilities
Act,
if
you
need
special
assistance
to
participate
in
this
meeting,
please
contact
the
City
Clerk's
office
at
(760)
955-5188
no
later
than
72 hours
prior
to
the
meeting.
5:00 p.m. Closed Session
Call to Order
Roll Call
Introduction to Public Comments
Public Comments for Closed Session Items
Declaration of Closed Session Item(s) by City Attorney
CITY COUNCIL
A.
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Pursuant to Government Code Section 54956.9:
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) Number of potential cases: One (1)
Based
on
existing
facts
and
circumstances,
the
legislative
body
of
the
local
agency
has decided to initiate or is deciding whether to initiate litigation.
Recess to Closed Session
6:00 p.m. Regular Session
Call to Order
Roll Call
Closed Session Announcements by the City Attorney
Invocation: Pastor Joseph Garibay from Calvary Chapel Victorville
Pledge of Allegiance: Police Captain Jerry Davenport
Proclamations/Special Presentations
Presentation of New Hires and Promotions to City Council
2025 Fireworks Enforcement Presentation
City Clerk Presents Agenda/Revisions to Agenda
Conflict of Interest Declarations
Any
items
on
this
agenda
that
might
be
a
conflict
of
interest
to
any
Council
Members/Board Members should be identified at this time.
Introduction to Public Comments
Public Comments
PUBLIC HEARING(S)
1. 2025
Citywide
Street
Improvements
Project
–
Approve
Notice
of
Exemption
and
Award of Construction Contract
Recommendation:
That the Honorable City Council:
(1)
Open
and
conduct
a
public
hearing,
and
receive
testimony
regarding
the
proposed Project;
(2) Close the Public Hearing;
(3)
Approve
the
Notice
of
Exemption
and
authorize
staff
to
file
the
notice
with
the
Office of Land Use and Climate Innovation, and the County Clerk; (4)
Adopt
Resolution
No.
25-065
to
amend
the
Fiscal
Year
2025/2026
budget
to
reflect
an
additional
appropriation
of
$728,000
from
Fund
250
and
additional
expenses in the amount of $728,000 from Fund 250; and
(5)
Award
a
Construction
Contract
to
Vance
Corporation,
in
the
amount
of
$4,950,661.32 for the 2025 Citywide Street Improvements Project, CC26-031.
2. Award
of
Construction
Contract
and
Notice
of
Exemption
for
VMUS
Gas
Improvement Project – Phase 5
Recommendation:
That the Honorable City Council:
(1)
Open
and
conduct
the
Public
Hearing,
receive
testimony
regarding
the
proposed
Capital Improvement Project (CIP) and CEQA Notice of Exemption; (2) Close the Public Hearing;
(3)
Approve
the
CEQA
Notice
of
Exemption
and
authorize
staff
to
file
the
notice
with
the Office of Planning & Research and the County Clerk; and (4)
Award
a
construction
contract
to
A.M.
Ortega
Construction,
Inc.,
in
the
amount
of
$181,052.42 for the VMUS Gas Improvement Project - Phase 5.
CONSENT CALENDAR
3. Commercial Demand Schedule No. 01
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Commercial
Demand
Schedule
No.
01 in
the
amount
of
$3,582,839.90
covering
Electronic
Fund
Transfers
No.
345014
through
345143
and
Warrant
No.
800317
through
800450
for
06/26/2025
through
07/09/2025,
per
the
adopted
budget
for
Fiscal
Year
2024-2025
for
the
period
covering
July
1,
2024
through
June
30,
2025
and
Fiscal
Year
2025-2026
for
the period covering July 1, 2025 through June 30, 2026.
4. Notice of Completion for General Electric Driveway, Project #CC25-066
Recommendation:
That the Southern California Logistics Airport Authority Board of Directors:
(1)
Approve
the
Notice
of
Completion
for
General
Electric
Driveway,
Project
#CC25-
066; and
(2) Authorize the Executive Director to execute the Notice of Completion
5. Second Reading of Ordinance No. 2457
Recommendation:
That
the
City
Council
adopt,
by
second
reading,
Ordinance
No.
2457,
approving
amendment
Case
No.
PLAN25-00002,
an
amendment
to
the
Victorville
Municipal
Code
with
an
environmental
exemption
to
conditionally
allow
for
medical
and
dental
offices citywide within the Industrial Park District (IPD) land use zone district
6. Notice
of
Completion
for
the
New
Animal
Shelter
Facility
–
IT
Data
Cabling,
Project
ESC25-071
Recommendation:
That the Honorable City Council:
(1)
Approve
the
Notice
of
Completion
for
the
New
Animal
Shelter
Facility
–
IT
Data
Cabling, Project ESC25-071; and
(2) Authorize the City Manager to execute the Notice of Completion.
7. Minutes
of
the
July
15,
2025,
Regular
City
Council
Meeting
and
July
16,
2025,
Special City Council Meeting
Recommendation:
That
the
Honorable
City
Council
approve
the
minutes
of
the
Regular
City
Council
Meeting
held
on
July
15,
2025,
and
the
Special
City
Council
Meeting
held
on
July
16, 2025.
8. Payroll Demand Schedule No. 11A
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Payroll
Demand
Schedule
No.
11A
for
Payroll
Period
April
25,
2025,
through
May
9,
2025,
in
the
amount
of
$2,256,754.20
covering
Check
Nos.
34145,
34268
and
34541
through
34551
including
Vendor
checks.
Also
included
are
Advice
Nos.
328119
through
328681
per
adopted
budget
for
Fiscal
Year
2024-2025
(period
covering
July
1,
2024,
through
June 30, 2025).
9. Commercial Demand Schedule No. 02
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Commercial
Demand
Schedule
No.
02 in
the
amount
of
$8,748,845.67,
covering
Electronic
Fund
Transfers
No.
345144
through
345292
and
Warrant
No.
800451
through
800613
for
07/10/2025
through
07/23/2025,
per
the
adopted
budget
for
Fiscal
Year
2024-2025
for
the
period
covering
July
1,
2024
through
June
30,
2025
and
Fiscal
Year
2025-2026
for
the period covering July 1, 2025 through June 30, 2026.
10. Reduction of Securities for Tract Map No. 15295
Recommendation:
That
the
Honorable
City
Council
approve
the
full
release
of
the
Landscaping
Maintenance
Assessment
District
(LMAD)
Faithful
Performance
Security
for
Tract
Map No. 15295.
11. Reduction of Securities for Tract Map No. 15896-1
Recommendation:
That
the
Honorable
City
Council
approve
the
full
release
of
the
Faithful
Performance
Securities
for
Water,
Drainage,
and
Sewer
Improvements
for
Tract
Map No. 15896-1.
12. Citation Settlement Agreement between City of Victorville and Jiachen Li
Recommendation:
That the Honorable City Council:
(1)
Approve
the
Citation
Settlement
Agreement
by
and
between
Jiachen
Li
and
the
City of Victorville regarding Citation No. 41037; and
(2) Authorize the City Manager to execute the Citation Settlement Agreement.
13. Citation Settlement Agreement between City of Victorville and Randy Weng
Recommendation:
That the Honorable City Council:
(1)
Approve
the
Citation
Settlement
Agreement
by
and
between
Randy
Weng
and
the City of Victorville regarding Citation No. 29818; and (2) Authorize the City Manager to execute the Citation Settlement Agreement.
14. Wellness Center Quarterly Report
Recommendation:
That
the
Honorable
City
Council
review
and
file
the
attached
Wellness
Center
Quarterly Report.
15. Code
Compliance
Department
FY24/25
Fourth
Quarter
Code
Compliance
Division
and Animal Services Division Activity Reports
Recommendation:
That the honorable City Council review and file.
WRITTEN COMMUNICATIONS
16. Amendment
No.
4 to
the
First
Amended,
Consolidated
and
Restated
Exclusive
Franchise
Agreement
between
the
City
of
Victorville
(City)
and
Victorville
Disposal,
Inc. for Solid Waste Refuse and Waste Diversion (Recycling) Services
Recommendation:
That the Honorable City Council:
(1)
Adopt
Resolution
No.
25-062,
amending
the
Fiscal
Year
2025-2026
annual
budget;
(2)
Approve
Amendment
No.
4 to
the
First
Amended,
Consolidated
and
Restated
Exclusive
Franchise
Agreement
between
the
City
of
Victorville
and
Victorville
Disposal, Inc. for Solid Waste Refuse and Waste Diversion (Recycling) Services; (3)
Authorize
the
City
Manager
to
make
non-substantive
changes
and
clarifications
to the Amendment No. 4; and
(4) Authorize the Mayor to execute Amendment No. 4.
17. Presentation on City's Pavement Management of City Roads
Recommendation:
Staff recommends that the Honorable City Council receive and file this report.
18. Measure I Five Year Capital Improvement Plan
Recommendation:
That
the
Honorable
City
Council
adopt
Resolution
No.
25-053,
approving
the
Measure
I
Five
Year
Capital
Improvement
Plan
for
Fiscal
Years
2025/2026
through
2029/2030.
19. Development
Impact
Fee
Credit
Agreement
for
Regional
Drainage
Fees
by
and
between Victorville 142 LP and the City of Victorville
Recommendation:
That the Honorable City Council:
(1)
Approve
the
attached
Development
Impact
Fee
Credit
Agreement
for
Regional
Drainage Fees between Victorville 142 LP and the City of Victorville; and (2)
Authorize
the
City
Manager
and
City
Attorney
to
make
non-substantive
changes
and clarifications, if needed, to the Development Impact Fee Credit Agreement.
20. Approval
of
the
North
American
Energy
Standards
Board
Base
Contract
and
Special
Provisions
(“NAESB”)
for
the
Sale
and
Purchase
of
Natural
Gas
with
EDF
Trading North America, LLC.
Recommendation:
The Honorable City Council:
(1)
Approve
the
North
American
Energy
Standards
Board
Base
Contract,
Special
Provisions
to
the
Base
Contract,
Credit
Support
Addendum,
and
Special
Provisions
to
the
Credit
Support
Addendum
(collectively,
the
“NAESB”)
with
EDF
Trading
North
America,
LLC.
“EDF”
for
natural
gas
supply
and
related
services
and
authorize the City Manager to execute the agreement; and (2)
Allow
the
City
Manager
and/or
his/her
designee
to
execute
transaction
confirmations
under
the
NAESB
contract
for
procurement
of
firm
gas
supply
not
to
exceed the City Manager’s Purchasing Authority pursuant to Ordinance No. 2381.
21. Standard
Sublease
Agreement
for
Buildings
676,
677
and
678
by
and
between
the
Southern California Logistics Airport Authority and The Boeing Company
Recommendation:
That
the
Southern
California
Logistics
Airport
Authority
(“SCLAA”)
Board
of
Directors:
(1)
Approve
entering
into
a
Standard
Sublease
Agreement
for
Buildings
676,
677
and
678
(“Agreement”),
by
and
between
the
SCLAA
and
The
Boeing
Company,
(“Boeing”); and
(2) Authorize the Executive Director to execute said Agreement; and (3)
Adopt
Resolution
No.
SCLAA
25-011
amending
the
2025/2026
budget
increasing
budgeted
revenue
in
Airport
account
4501111A-45200
by
$9,881.40
and
budgeted
revenue
in
Airport
account
4501112A-45200
by
$50,052.02
and
decreasing budgeted revenue in Airport account 4501110A-45200 by $110,915.98.
22. Annual League of California Cities voting delegate and alternate(s)
Recommendation:
That
Your
Honorable
City
Council
designate
the
voting
delegate
and
alternate(s)
for
the League of California Cities Annual Conference & Expo, October 8-10, 2025.
23. Discussion
and
possible
action
to
present
a
plaque
to
Ray
Wolfe,
outgoing
Executive Director for the San Bernardino County Transportation Authority
Recommendation:
Any action is at the discretion of Your Honorable City Council.
24. City Manager Reports
25. Discussion and Possible Action Regarding Upcoming Agenda Items
26. Reports from Council Members
Adjournment
Item Number: 1
City Council / Board of Directors
Public Hearing(s)
Meeting of: August 19, 2025
Submitted By:
Fredy Bonilla, City Engineer
Subject:
2025 Citywide Street Improvements Project – Approve Notice of Exemption and Award of Construction Contract
Recommendation:
That the Honorable City Council:
(1) Open and conduct a public hearing, and receive testimony regarding the proposed Project;
(2) Close the Public Hearing;
(3) Approve the Notice of Exemption and authorize staff to file the notice with the Office of Land Use and Climate Innovation, and the County Clerk; (4) Adopt Resolution No. 25-065 to amend the Fiscal Year 2025/2026 budget to reflect an additional appropriation of $728,000 from Fund 250 and additional expenses in the amount of $728,000 from Fund 250; and
(5) Award a Construction Contract to Vance Corporation, in the amount of $4,950,661.32 for the 2025 Citywide Street Improvements Project, CC26-031.
Fiscal Impact:
The 2025 Citywide Streets Improvements Project (Project) includes four locations of proposed work that were budgeted individually. This action will result in a fiscal impact of $4,950,661.32. The Project will be funded through the following sources: SB1 (Fund 221), Measure I (Fund 250), Water (Fund 410), Sewer (Fund 425), and State Grant (Fund 230).
The Capital Improvement Projects (CIP) were included in the budgets for Fiscal Years (FY) 2023/2024, 2024/2025 and 2025/2026. The budgeted funds exceeding the contract amount for each project location will be allocated for construction management expenses, including but not limited to consultant services for special inspections, geotechnical materials testing, and construction surveying and staking. The Budget project account numbers ending in 60150 correspond to Ridgecrest Road; those ending in 60151 pertain to Roy Rogers Drive; the account number ending in 63010 is designated for Green Tree Boulevard; and those ending in 70050 are associated with Village Drive. 4 2
6 6
An additional appropriation is required for one of the Project budget account codes.
Sufficient funds are available within all the remaining budget accounts to cover the planned expenses for the Project. The budget for Roy Rogers Drive (Project 60151) requires an additional appropriation in the amount of $728,000.00 for construction and construction management expenses. Adoption of Resolution No. 25-065 (Attachment A) will reflect an additional appropriation from Fund 250 Measure I and an additional expense, increasing the project budget by $531,006.25 to $1,259,006.25. There are sufficient funds in Fund 250 for the additional budget appropriation and expenditure; the current cash balance of Measure I is estimated to be $7,187,887.00. Funds remaining in each project budget account will return to the respective fund balance after the completion of the Project. Please refer to Table A below for a detailed breakdown of fund account codes, fund names, additional appropriation, available budget amounts, and the total available budget.
Table A
Funding Account
Codes
Fund
Name
Additional
Appropriation
Available
Budget
Total Budget
2214500-55315-60150 SB1 $1,200,000.00 $1,200,000.00
2504500-55315-60150 Measure I $1,027,062.11 $1,027,062.11 4104500-55315-60150 Water $30,000.00 $30,000.00
2214500-55315-60151 SB1 $1,200,000.00 $1,200,000.00
2504500-55315-60151 Measure I $728,000.00 $531,006.25 $1,259,006.25 4104500-55315-60151 Water $30,000.00 $30,000.00
4254500-55335-60151 Sewer $45,500.00 $45,500.00
2504500-55330-63010 Measure I $85,000.00 $85,000.00
2304500-55315-70050 Grant $250,000.00 $250,000.00
2504500-55315-70050 Measure I $308,000.00 $308,000.00
Total: $728,000.00 $4,706,568.36 $5,434,568.36
Strategic Plan Goal:
This project aligns with “Goal E: Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. The proposed project will prolong the life of public streets, improve accessibility, and safety on Ridgecrest Road, Roy Rogers Drive, Green Tree Boulevard, and Village Drive.
Background:
The Project includes four locations of proposed work, please refer to Attachment B (Vicinity Map) for the project locations and limits of work. The Project locations include:
(1) Ridgecrest Road from Bear Valley Road to Pahute Avenue (2) Roy Rogers Drive from Amargosa Rd to I-15
(3) Green Tree Boulevard from Coad Road to Ridgecrest Road (4) Village Drive from Puesta Del Sol Drive to Tawney Ridge Lane The locations include two road segment reconstruction projects, one sidewalk project, and one pavement restriping project. The scope of work will include full depth 4 2
6 6
reconstruction and rehabilitation of approximately two one-half mile arterial road segments incorporating the placement of asphalt concrete pavement, aggregate base, geogrid, and earthwork. The scope of work will also include cold milling and export of asphalt concrete, installation and removal of pavement striping and markings, installation of metal hand railings and chain-link fencing, minor traffic signal modifications, and landscape restoration. Additional improvements will involve the demolition and construction of concrete curbs & gutters, cross gutters & spandrels, sidewalks, drive approaches, driveways, parkway drains, and ADA-compliant curb ramps.
Construction projects that may result in a significant and adverse change in the environment require an environmental review per the California Environmental Quality Act (CEQA). It is a routine requirement to comply with CEQA guidelines before construction starts on a project. The City must review all public works projects to determine how they will comply with CEQA requirements before making a discretionary recommendation of approval of a construction project prior to award of a construction contract.
The California Code of Regulations Title 14, Division 6, Chapter 3 provides guidelines for the implementation of CEQA. Article 5 of such guidelines identifies certain types of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. City staff evaluated the scope of these projects and determined they are Categorically Exempt under Article 19, Section 15301(c): Existing Facilities (Class 1) of CEQA guidelines. Each project location consists of developed roads with existing asphalt pavement, barren graded shoulders, and/or concrete improvements such as curbs, gutters, and sidewalks. The reconstruction, rehabilitation, and completion of the existing improvements are considered minor, as they do not propose any capacity increases or disturbance of existing native natural habitat.
Pursuant to Article 5, §15061, after determining that a project is exempt from CEQA, and once the project is approved by its governing body, the Notice of Exemption (Attachment C) will be recorded. This recording initiates a 35-day statute of limitations during which any party may file an appeal if they believe a categorical exemption is being improperly used to limit the possibility of legal challenge.
The improvements along Ridgecrest Road involves comprehensive reconstruction of the existing pavement to improve roadway conditions. Additionally, the project involves the installation of a new sidewalk segment on the east side of the road, just north of Bear Valley Road, to close an existing gap and complete pedestrian connections, thereby improving accessibility and safety. All non-ADA compliant curb ramps and driveway approaches will be upgraded to meet current ADA and City standards. Utility adjustments will be carried out to support the upgraded infrastructure and ensure smooth traffic operations. Ridgecrest Road is classified as an arterial roadway on a north-south alignment and carries a high volume of automobile traffic, accommodating approximately 19,000 vehicles per day. Subsections of the road segment proposed for reconstruction were constructed dating back to 1989. Over the past 35 years of service, some sections in this half-mile stretch of road have been resurfaced or widened with developments. The 4 2
6 6
last major rehabilitation surface treatment for a small section of this road was completed in 2005. The current conditions of the roadway pavement exhibit various forms of distress, including, alligator cracking, shoving, potholes, raveling, and rutting, indicating that the asphalt and subgrade soils have reached the end of their design life. Furthermore, in the Pavement Management Report of 2024, the pavement condition index (PCI) survey found this segment of road to range from 26 to 35, considered to be a poor pavement condition.
The improvements along Roy Rogers Drive will include comprehensive reconstruction of existing pavement to enhance roadway durability and performance. As part of the project, one ADA-compliant ramp will be reconstructed to ensure accessibility for all users, including individuals with disabilities. A rockscape median will be constructed just east of Civic Drive to eliminate mid-block U-turns currently made over the existing plastic delineators which require frequent replacement, while also enhancing the corridor’s aesthetic appeal. Additionally, utility and signal adjustments will be implemented to accommodate the new infrastructure and optimize traffic operations, ensuring a safer and more efficient transportation environment. Roy Rogers Drive is classified as a super- arterial roadway on an east-west alignment. As such, it experiences a high level of automobile traffic, accommodating approximately 36,000 vehicles per day. Subsections of the road segment proposed for reconstruction were constructed dating back to 1991.
Over the past 34 years of service, some sections in this half-mile stretch of road have undergone pavement preservation treatments or roadway widening as part of adjacent development projects. The last major road improvement in this section occurred in 2008, in conjunction with the construction of the Desert Sun Plaza. Current conditions of the roadway pavement include distresses such as: block cracking, alligator cracking, shoving, potholes, and rutting which indicate the asphalt and subgrade soils have reached the end of their design life. Furthermore, in the Pavement Management Report of 2024, the pavement condition index (PCI) survey found this segment of road to range from 50 to 53, considered to be a fair pavement condition.
The restriping of Green Tree Boulevard will include lane adjustments designed to improve traffic flow and enhance driver safety. Significant traffic congestion during peaks hours of activity currently results in traffic being backed up from Ridgecrest Road to Hesperia Road. These modifications are designed to increase storage capacity of the eastbound approach to the intersection of Ridgecrest Road when the light is red, and provide smoother transitions for merging vehicles, reducing confusion and minimizing potential conflicts. In conjunction with the striping changes, updated signage will be installed to clearly communicate lane configurations and reinforce safe merging practices, contributing to a more efficient and secure driving experience along the corridor.
In July 2023, the Engineering Department submitted a grant application entitled “Village Drive Sidewalk Project” in response to the 2023 Transportation Development Act (TDA) Article 3 Call for Projects, under the Small Projects category for Bicycle and Pedestrian Facilities. This category allowed for a maximum funding request amount of $250,000. In August 2023, the City Engineer received notification from SBCTA staff that the grant application had been selected for presentation to the Board of Directors for funding approval. On October 13, 2023, the Engineering Department was informed by SBCTA 4 2
6 6
that the board approved the application, awarding the maximum grant amount of $250,000. A minimum local match of $308,000 was required and has been budgeted using Measure I funds for the project. The improvements along Village Drive will establish a continuous and safe concrete sidewalk for pedestrians between the intersections of Tawney Ridge Lane and Puesta Del Sol Drive, where the City recently constructed traffic signals. Approximately 90% of the frontage along this segment is already developed with residential lots, but with several sidewalk gaps remaining in between. The project will include removing and replacing existing driveway approaches to incorporate wheelchair bypasses that meet current City accessibility standards. Additional work will involve modifying portions of existing driveways on private property, and other existing improvements as required to construct a continuous sidewalk.
Discussion:
This project consolidates four (4) budgeted capital improvement projects into a single contract. The City Council approved the following projects in the FY 24/25 Budget:
Ridgecrest Road Pavement Rehabilitation Project (Bear Valley Road to Pahute Avenue, Project 60150) and Roy Rogers Drive Pavement Restoration Project (Amargosa Road to I-15, Project 60151). Funding for the Green Tree Boulevard Restriping Project (Project 63010) was included in the approved FY 25/26 Budget. Additionally, the Village Drive Sidewalk Project (Project 70050) was incorporated into the FY 23/24 Budget through a budget amendment, Resolution No. 23-083, which was approved by the City Council on December 5, 2023.
The project plans, special provisions, and bid package were designed and prepared inhouse by Engineering Staff. Construction management and standard inspections will also be performed by Engineering Staff. Special inspections will be conducted by a consulting firm under one of the On-Call Geotechnical and Engineering Testing Services agreements approved by the Council on March 5, 2024.
It is a routine requirement to comply with the California Environmental Quality Act (CEQA) before construction starts on a public works project. The Notice of Exemption describes the project activities and states that the project is categorically exempt under CEQA §15301(c) for the replacement and minor alteration of existing public infrastructure.
For the Roy Rogers Drive project, the estimated cost of construction proposed and approved in the FY 2024/25 Budget was for a scope of work to grind and cap the existing asphalt pavement with a thin overlay of new asphalt concrete pavement based upon the PCI ranking. After a thorough examination of the existing pavement by a geotechnical consultant, it was found the constructed road was structurally deficient to carry the load of the vehicles using it. The scope of work was changed to remove and reconstruct the structural section of the road to handle the weight of the vehicles. Improving the structural integrity of the road will provide a street with a longer life span. This change in the scope of work increased the cost of construction, exceeding the amount of Measure I funding budgeted for the project. As a result, an additional appropriation of Measure I funding 4 2
6 6
from the unbudgeted Fund 250 balance is required to cover the additional construction and project management expenses.
The project was bid using formal bid procedures in accordance with Victorville Municipal Code §2.28.210 and the California Public Contract Code. Advertising of the project started on July 21, 2025. On August 12, 2025, three (3) bids were received and publicly read aloud. The bidders and bid results are shown below:
Company Base Bid Amount
Vance Corporation $4,950,661.32
Sully Miller Contracting Company $5,415,000.00
C.A. Rasmussen, Inc. $5,740,882.55
After a careful review of the bid proposals, staff determined that the lowest responsive, responsible bidder was Vance Corporation. The Engineer’s Estimate for the project before advertisement was approximately $4,491,000. The low bid came in at 1.89 percent above the Engineer’s Estimate.
Construction is likely to begin in September 2025 but could be postponed to the Spring of 2026. It is estimated the duration of the Project will be approximately eighty (80) working days, or four (4) months. The start date and total duration of the project will depend on weather conditions.
Staff recommends that the City Council approve the Notice of Exemption, adopt Resolution No. 25-065 to amend the Fiscal Year 2025/2026 Budget appropriating $728,000 from Measure I for construction expenditures, and award a construction contract (Attachment D) in an amount of $4,950,661.32 to Vance Corporation, for the 2025 Citywide Street Improvements Project.
Staff is available for any questions Council may have.
Prepared By:
Sarah Mayne, Management Technician
Harry Mayo, Senior Civil Engineer
Attachments: A. Resolution 25-065
B. Vicinity Map
C. Notice of Exemption
D. Contract
ATTACHMENT A
RESOLUTION 25-065
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA, AMENDING THE ANNUAL
BUDGET FOR FISCAL YEAR 202 5-2026; APPROVING AN
ADDITIONAL APPROPRIATION TO INCREASE THE BUDGET
FOR THE ROY ROGERS DRIVE PAVEMENT RESTORATION
PROJECT
WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expenditures and revenues of the City Departments and offices, together with a proposed budget for the fiscal year 2025-2026; and WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 3, 2025, 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 Roy Rogers Drive Pavement Restoration Project is listed in the Capital Improvement Projects for fiscal year 2025-2026; and WHEREAS, the cost of construction deems it necessary to amend the Capital Improvement Budget for 2025-2026; and
WHEREAS, the City Manager or his designee will provide all necessary justification for the budget amendment as an attachment to this resolution or in the associated City Council agenda report; and
WHEREAS, the City Council, wishes to amend the annual budget as set forth in this Resolution and recognize the associated increase in expenditures.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the annual budget for the fiscal year 2025-2026 for the City of Victorville is hereby amended to reflect an increase in the Roy Rogers Drive Restoration Project expenditure account 2504500-55315-60151 in the amount of Seven Hundred Twenty-eight Thousand ($728,000.00) as described in the corresponding Agenda Item Staff Report for Council Meeting of August 19, 2025.
Account Description Adjustment
2504500-55315-60151 Measure I Roy Rogers
Pavement
$728,000
SECTION 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City Departments, offices and subsidiary districts of the City.
SECTION 3. That this Resolution becomes effective immediately upon its adoption.
ATTACHMENT B
2025 CITYWIDE STREET IMPROVEMENTS
VICINITY MAP
MOJAVE DR.
_E RD.
DOS PALMAS RD.
8 ci LA o:::
N
<(
a..
12 ci
0:::
MESA
SENECA
BEAR VALLEY RD.
EST.
~
FIIC:AI YPTIJS sr\'..o/
ci
0:::
N
+ s
NOT TO SCALE
ATTACHMENT C
Statutory Exemptions. State code number:
_______________________________________________
Notice of Exemption Appendix E
From: (Public Agency): ____________________________To: Office of Planning and Research P.O. Box 3044, Room 113 _______________________________________________Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:
Project Location - City: ______________________ Project Location - County:
Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:
_________________________
Attach certified document of exemption finding.
Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:
6LJQHG E\ /HDG $JHQF\ 6LJQHGE\ $SSOLFDQW
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
City of Victorville
14343 Civic Drive PO Box 5001
Victorville, CA 92393-5001
San Bernardino
385 North Arrowhead Avenue, Second Floor
San Bernardino, CA 92415-0130
2025 Citywide Pavement Improvements Project
City of Victorville
Various locations - See attached Project Location Map
Victorville San Bernardino
Reconstruction of asphalt pavement, and re-striping of existing roadways.
Installation of sidewalk. Re
placement of drive approaches and curb ramps.
City of Victorville
City of Victorville
X Class 1 (15301c)
Fredy Bonilla, City Engineer
This project consists of reconstruction and repair of existing roadways and re- striping for vehicle and pedestrian safety. These improvements are considered minor as they will replace existing elements and do not propose any capacity increases.
Lead Agency
Contact Person: ___ Area Code/Telephone/Extension: (760)______________ _955-5170 If filed by applicant:
City Engineer
■
ATTACHMENT D
CONSTRUCTION CONTRACT BY AND BETWEEN
THE CITY OF VICTORVILLE AND
VANCE CORPORATION
FOR
CITY OF VICTORVILLE CITYWIDE STREET IMPROVEMENTS
CITY PROJECT NO. CC26-031
THIS CONSTRUCTION CONTRACT (the “Contract”) dated ______________________ for reference purposes only is made and entered into by and between the City of Victorville, a municipal corporation and charter city located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, and Vance Corporation, a California corporation, hereinafter referred to as the “Contractor”. The City and Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”
RECITALS:
WHEREAS, the City requires construction of City of Victorville Citywide Street Improvements as more fully described in the solicitation documents issued by the City for Project No.
CC26-031 (the “Project”); and
WHEREAS, on July 21, 2025, the City issued a Notice Inviting Bids and solicitation documents to prospective bidders for the Project. In response, Contractor submitted a Bid, which the City determined to be the lowest responsive and responsible bid; and
WHEREAS, Contractor is a duly organized California corporation in good standing in the State of California, and represents that it has the background, knowledge, experience, expertise and resources to perform the Work and other obligations encompassed by this Contract; and
WHEREAS, at its meeting held on August 19, 2025 , the Victorville City Council duly accepted Contractor’s Bid for the Project and directed that a written agreement for the Project be entered into with Contractor; and
WHEREAS, in light of the facts set forth above and the certifications made by Contractor as part of its Bid, the City desires to retain Contractor to perform the construction Work for the Project as set forth in this Contract and in the Contract Documents, as hereinafter described.
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 Contract by this reference, as though set forth herein.
City of Victorville, Project CC26-031 Vance Corporation Page | 2
Section 2. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE
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 complementary; what is called for in one is binding as if called for in all, and together constitute Contractor’s performance obligations:
(1) This Contract and its attached Exhibits, subject to the limitations in Sections 9 and 20 with respect to Exhibit “A” (Contractor’s submitted Bid Proposal as accepted by the City); (2) Change Orders issued and approved by the City;
(3) Regulatory Permits from other agencies specified in Appendices A and B of the bid package or as may otherwise be required by law;
(4) Bid Addenda issued by the City;
(5) Notice Inviting Bids and Instructions to Bidders;
(6) Special Provisions;
(7) Greenbook 2021 Edition;
(8) Appendices;
(9) Plans;
(10) Bid Forms and attachment thereto;
(11) Faithful Performance Bond;
(12) Payment Bond.
b. Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of precedence (from highest to lowest), as set forth in Subsection a. above shall control.
c. Definitions. Unless specifically defined or assigned a meaning in this Contract, or the context clearly indicates otherwise, capitalized terms herein shall have the meaning assigned to them in the “Definitions” section of the Instructions to Bidders document.
Section 3. CONTRACTOR’S OBLIGATIONS
Contractor will perform all of the Work required for the Project, as specified in the Contract Documents.
Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents, and to the satisfaction of Fredy A. Bonilla, P.E., City Engineer, or his designee (hereinafter the “Project Manager”).
Section 4. CONTRACT PRICE; PAYMENT AND RETENTION
a. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor Four Million Nine Hundred Fifty Thousand Six Hundred Sixty-one and 32/100 Dollars, ($4,950,661.32) (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with Contractor’s Bid Proposal (attached hereto as Exhibit “A”) subject to the provisions of this Contract and the Contract Documents.
City of Victorville, Project CC26-031 Vance Corporation Page | 3
b. Procedures relating to payment and retention are set forth in the Special Provisions.
Section 5. CONTRACT TIME; NOTICE TO PROCEED
a. Contract Time. The Work under this Agreement shall be diligently prosecuted to completion before expiration of Eighty (80) Working Days, commencing within Fifteen (15) Calendar Days after the issuance of the Notice to Proceed. The City will not issue a Notice to Proceed to the Contractor until this Contract, including bonds and insurance documents, have been executed and/or approved by the City.
b. Notice to Proceed. No work, service , material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City. Contractor shall commence Work pursuant to the Contract Documents and as directed by the City in the Notice to Proceed, and diligently execute the same to completion within the Contract Time.
Section 6. DISPUTE RESOLUTION AND CLAIMS PROCEDURES
a. Public Contract Code Section 9204. For purposes of any Public Works Claims filed by a Contractor or Subcontractor (as those terms are defined in Public Contract Code Section 9204) under this Contract, the claims procedures in Public Contract Code Section 9204 (“ Section 9204”) and the provisions of this Section shall apply. Public Contract Code Section 9204 is set forth in full in Section 2- 10 of the Special Provisions.
(1) In the event of a Section 9204 Public Works Claim, Contractor may not stop working pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work during the Section 9204 process.
(2) Any Public Works Claims not resolved by the Section 9204 procedures (and/or any tort claims) shall be subject to Section 2.24.020 of the Victorville Municipal Code (“VMC”) and the provisions of the Government Claims Act (Government Code section 810 et seq.).
b. For disputes or claims that do not constitute Public Works Claims, City and Contractor agree to comply with the following process:
(1) Each Party shall designate a senior management or executive level representative to negotiate any dispute.
(2) The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.
(3) If the issue remains unresolved after ten (10) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiation between the legal counsel for each Party.
If the above process fails, the Parties may mutually agree to engage in non-binding mediation or arbitration in which the Parties equally share the costs of any mediator or arbitrator, or may proceed with suit or other remedies, subject to the provisions of subparagraph (5) of this Subsection and other applicable provisions and laws.
(4) The alternative dispute resolution process set forth herein is a material condition to Contract and must be exhausted as an administrative remedy prior to either Party initiating legal action.
City of Victorville, Project CC26-031 Vance Corporation Page | 4
(5) Compliance with VMC Section 2.24.020 and the provisions of the Government Claims Act (Government Code section 810 et seq.) is also required prior to initiating suit against the City.
Section 7. TERMINATION OF AGREEMENT FOR CONVENIENCE
a. The City may, by providing thirty (30) days' advance written notice to Contractor, terminate this Agreement in whole or in part, whenever the City shall determine that such termination is in the best interests of the City, or when it becomes impracticable or impossible to proceed, or because of conditions or events beyond the control of the City. Any such termination shall be affected by delivery to Contractor of a Notice of Termination for Convenience, specifying the extent to which performance of Work under this Agreement is terminated, and the date upon which such termination becomes effective. Upon such termination, the obligations of the Contractor for portions of the Work already performed shall continue.
b. Upon receipt of a Notice of Termination for Convenience, the Contractor shall, unless the notice directs otherwise, do the following:
(1) Immediately discontinue the Work to the extent specified in the notice. (2) Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary to complete such portion(s) of the Work that are not to be discontinued. (3) Promptly cancel, on the most favorable terms reasonably possible, all subcontracts to the extent that they relate to the performance of the discontinued portion of the Work. (4) Thereafter do only such Work as may be necessary to preserve and protect the Work already in progress and to protect materials, plants, and equipment on the Project site or in transit thereto.
c. Upon such termination, the Contractor will be paid without duplication for:
(1) Work completed in accordance with the Contract Documents prior to the effective date of the Notice of Termination for Convenience;
(2) Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and
(3) Reasonable expenses directly attributable to termination.
The Contractor shall submit a final termination settlement proposal to the City no later than ninety (90) days from the effective date of termination, unless extended in writing by the City, upon written request by the Contractor. If the Contractor fails to submit a proposal, the City may determine the amount, if any, due the Contractor as a result of the termination. The City will pay the Contractor the amount it determines is reasonable. If the Contractor disagrees with the amount determined by the City as being reasonable, the Contractor shall provide notice to the City within thirty (30) Days of receipt of payment. Any amount due shall be subject to the dispute resolution provisions set forth in the Contract Documents.
d. Contractor shall include provisions in all of its subcontracts, purchase orders, and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section 7.
Section 8. TERMINATION FOR CONTRACTOR’S DEFAULT
a. Default. The City may terminate this Contract for Contractor’s default as set forth in this Section. The City will consider the Contractor in default of this Contract if, prior to the City’s acceptance of the Work, the Contractor:
City of Victorville, Project CC26-031 Vance Corporation Page | 5
(1) becomes insolvent, assigns its assets for the benefit of its creditors, is unable to pay its debts as they become due, or is otherwise financially unable to complete the Work; (2) abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;
(3) disregards written instructions from the City or materially violates provisions of the Contract Documents;
(4) f ails to prosecute the Work according to the schedule approved by the Engineer, (5) disregards laws or regulations of any public body having jurisdiction, or (6) commits continuous or repeated violations of regulatory or statutory safety requirements.
Notices, and other written communications regarding default between the Contractor, the City, and the Surety shall be transmitted in accordance with Section 21 of this Contract. b. Notice and Opportunity to Cure. The City will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within five (5) Working Days after receipt. If the Contractor fails to commence satisfactory corrective action within five (5) Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, the City will consider the Contractor in default of the Contract and:
(1) will terminate the Contractor’s right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety; (2) may use any materials, equipment, tools or other facilities furnished by the Contractor to secure and maintain the Work site, and
(3) may furnish labor, equipment, and materials the City deems necessary to secure and maintain the Job Site;
c. Remedies Cumulative. The provisions of this Section shall be in addition to all other legal rights and remedies available to the City. Termination of this Contract will not relieve the Surety of its obligation for any just claims arising out of the Work performed.
Section 9. PREVAILING WAGE
a. Compliance with State Prevailing Wage Requirements. Pursuant to Labor Code Section 1773, the City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in San Bernardino County, California from the Director of the Department of Industrial Relations (DIR) for each craft, classification, or type of worker needed to perform the Work required under this Contract. A copy of these prevailing wage rates are on file at the City’s Finance Department/Purchasing Division and shall be made available for review to any interested party on request. In addition, a copy of the prevailing rate of per diem wages may be obtained via the internet at:
http://www.dir.ca.gov/DLSR/PWD. Contractor and all Subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the Work contemplated by this Contract, including workers performing Work covered by under Labor Code Sections 1720 and 1720.9. Contractor shall be responsible for using the correct and current prevailing wage rates. Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct prevailing wage.
b. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the terms of this Section 9 and the provisions of Exhibit “A”, the terms of this Section 9 shall control and nothing herein shall be considered as an acceptance of the terms of Contractor’s Submitted Bid Proposal conflicting with the requirements of this Section 9.
City of Victorville, Project CC26-031 Vance Corporation Page | 6
c. Payroll Records. Contractor 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) C
ontractor and Subcontractor Obligations. Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(a) The information contained in the payroll record is true and correct; and
(b) Contractor or the Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any 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 City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.
(3) Enforcement. Upon notice of noncompliance with Labor Code § 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.
d. 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 i s fully incorporated by reference.
e. 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.
f. Other Labor Requirements. Contractor has the responsibility for and shall comply with all other requirements of California Labor Code Section 1720 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 will require the same of all its Subcontractors.
g. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour 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 City not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work
City of Victorville, Project CC26-031 Vance Corporation Page | 7
done under this Contract 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) The Contractor or Subcontractor shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the execution of this Contract 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 in violation of the provisions of this subsection. In awarding any contract for public work, Contractor must forfeit to City Twenty-five Dollars ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day.
h. DIR Monitoring. Pursuant to Labor Code § 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the DIR.
i. 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 Contract, 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 Contract is entered into and maintain registration for the duration of the Project.
Section 10. LIQUIDATED DAMAGES
If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of Five Thousand Two Hundred and 00/100 Dollars ($5,200.00) per day for each day of unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.
Section 11. COMPLIANCE WITH LAWS
Contractor shall comply with all Laws 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, including a City business license, shall be held or obtained by the Contractor at its sole expense and prior to commencing any Work hereunder.
Section 12. WORKERS’ COMPENSATION CERTIFICATION
Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”
City of Victorville, Project CC26-031 Vance Corporation Page | 8
Section 13. INSURANCE
a. Contractor shall procure and maintain at its own expense at all times during the period covered by this Contract (and through the one- year guarantee period following the date of City’s acceptance of the Project) the following policies of insurance:
(1) Commercial General Liability (“CGL”) Insurance: Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than Five Million Dollars ($5,000,000) per occurrence resulting from the acts or omissions of the Contractor or its officers, employees, servants, volunteers, and agents, and independent contractors. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
(2) Commercial Vehicle Liability Insurance: Covering person injury and property damage, of not l ess than Five Million Dollars ($5,000,000) combined single limit, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the Work required by this Contract.
(3) Workers’ Compensation Insurance: Providing coverage as required by the California State Workers’ Compensation Law and Employers’ Liability insurance with a limit of no less than One Million Dollars ( $1,000,000) per accident for bodily injury or disease. If any cl ass of employees employed by Contractor is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City.
(4) Course of Construction, Builders’ Risk, or Inland Marine Insurance for Work on Site: Issued on an occurrence basis, for all -risk or “all perils” coverage on a 100% completed value basis on the insurable portion of the Project for the benefit of City, 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 shall also be responsible for insuring its owned, leased/rented, or borrowed equipment.
(a) City of Victorville shall be named as a Loss Payee.
(b) If the Project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processe s, machinery, and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the Project/Work site.
(5) Pollution Liability Insurance. Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than One Million Dollars ($1,000,000) per claim or occurrence and One Million Dollars ($1,000,000) aggregate per policy period of one year.
City of Victorville, Project CC26-031 Vance Corporation Page | 9
b. Additional Insurance Requirements. With respect to the policies of insurance set forth above, compliance with the following is also required:
(1) Additional Insureds. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the City and its elected or appointed officials, officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, are named as Additional Insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City of Victorville, its officers, officials, employees, agents, or volunteers.
(2) Waiver of Subrogation Rights. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its elected or appointed officers, officials, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
(3) Sufficiency of Insurers. Contractor must secure all policies of insurance required by this Contract from a good and responsible company or companies authorized to do insurance business in the State of California, with an AM Best’s rating of not less than A:VII.
(4) Proof of Insurance Coverage Required Prior to Commencement of Work. Within ten (10) days of the date Contractor receives this Contract from the City for execution (following award of same by the City Council), certificates of insurance evidencing the policies of insurance, coverages, and endorsements required by this Contract and satisfactory to and approved by the City shall be furnished by Contractor to the City’s Risk Manager. In no event shall any Work on the Project be permitted to commence until adequate proof of insurance and endorsements have been so furnished.
(5) Special Provisions. Any additional insurance requirements set forth in Section 5-4 of the Special Provisions shall also apply to this Contract.
(6) Other Required Endorsements.
(a) The policies shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non- payment, ten (10) days advance written notice shall be given.
(b) The CGL and vehicle liability policies shall be endorsed as Primary and Non- contributory.
c. Subcontractors. Contractor must ensure that each Subcontractor is required to obtain and maintain the same insurance coverage required under this Section 13 with respect to its performance of Work on the Project, including those requirements related to the Additional Insureds and waiver of subrogation. Contractor must confirm that each Subcontractor has complied with these insurance requirements before the Subcontractor is permitted to begin Work on the Project. Upon request by the City, Contractor must provide certificates and endorsements submitted by each Subcontractor to prove compliance with this requirement. The insurance requirements for Subcontractors do not replace or limit the Contractor’s insurance obligations.
City of Victorville, Project CC26-031 Vance Corporation Page | 10
Section 14. Reserved.
Section 15. TIME OF THE ESSENCE
Time is of the essence in the performance of this Contract.
Section 16. INDEMNIFICATION
a. Notwithstanding the limits of any insurance and to the fullest extent permitted by law, Contractor shall indemnify the City, its elected or appointed 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, (hereinafter " 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 performance of the Work, operations, or activities of Cont ractor, its agents, employees, Subcontractors, or invitees on the Project, or arising or alleged to arise from the acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, pr ovision, covenant or condition of this Contract, but excluding such Claims or Liabilities or portion of such Claims or Liabilities arising or alleged to arise from the active negligence, sole negligence, or willful misconduct of the City, its elected or appointed officials, officers, agents, volunteers, or employees, and in connection therewith:
(1) 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;
(2) Contractor will promptly pay any judgment rendered against the City, its elected or appointed officials, officers, agents, volunteers, 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') performance of or failure to perform such Work, operations or activities hereunder; and Contractor agrees to save and hold the City, its elected or appointed officials, officers, agents, volunteers and employees harmless therefrom; (3) In the event the City, its elected or appointed 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 performance of or failure to perform the Work, operation, or activities of Contractor hereunder, Contractor shall pay to the City, its elected or appointed officials, officers, agents ,volunteers, or employees, any and all costs and expenses incurred by the City, its elected or appointed officers, officials, agents, volunteers, or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City;
(4) Contractor's duty to defend, indemnify, and hold harmless 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.
City of Victorville, Project CC26-031 Vance Corporation Page | 11
b. City will timely notify Contractor upon receipt of any third- party claim relating to the Contract, as required by Public Contract Code § 9201. The Contractor's indemnification and defense obligations pursuant to this Section shall survive the termination of this Contract. Contractor shall require the same indemnification from all Subcontractors.
Section 17. REPORTS; BOOKS AND RECORDS; AUDIT
a. Upon request by the Project Manager Contractor shall prepare and submit reports concerning Contractor's performance of the Work required by this Contract. b. Contractor shall keep such books and records as shall be necessary to perform the work required by this Contract and enable the Project Manager to evaluate the cost and the performance of such Work.
c. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Project Manager shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Contractor and made available to the Project Manager for purposes of performing an audit for a period of five (5) years from the date of termination of this Contract.
Section 18. MODIFICATIONS AND AMENDMENTS
This Contract may be modified or amended only by written Change Orders as specified in the Contract Documents or a written instrument signed by both Parties.
Section 19. ENTIRE AGREEMENT
a. This Contract supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Contract. b. The Contract Documents contain all the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Contract and the Contract Documents incorporated herein. c. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.
Section 20. AMBIGUITIES
This Contract 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 expre ssly limited by this paragraph, all the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Contract. Notwithstanding the foregoing, the Parties agree that Exhibit “A” is attached hereto f or reference purposes, and to the extent there are any ambiguities, inconsistencies, or conflicts between the terms of this Contract and Exhibit “A”, the terms of this Contract shall control, and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this Contract.
City of Victorville, Project CC26-031 Vance Corporation Page | 12
Section 21. NOTICES
a. Any notice to be provided pursuant to this Contract 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 City: Fredy A. Bonilla, P.E., City Engineer
Engineering Department City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Contractor: Derek Ritarita, President
Vance Corporation
459 Egan Avenue
P.O. Box 575
Beaumont, CA 92223
To Surety: _______________________________
_______________________________
_______________________________
_______________________________
_______________________________
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
c. Either Party, or the surety, may change its address by giving notice in writing to all other parties listed above, and thereafter notices shall be addressed and transmitted to such new address.
Section 22. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Contract.
Section 23. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Contract and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Contract based on such consultation.
Section 24. BONDS
Concurrently with the execution of this Contract by the Contractor, and before the commencement of any Work, Contractor shall furnish to the City a Faithful Performance Bond, and a Payment (Labor and Materials Bond) each in an amount equal to one hundred percent (100%) of the Contract Price written on the forms included in the Contract Documents. These bonds must remain in force until the later of (1) the expiration of the one-year guarantee period; or (2) on one year from the date of completion of the corrective Work. Such bonds must be issued by a responsible corporate Surety, licensed and authorized to issue such bonds in the State of California with an AM Best’s Rating of at least A: VII.
City of Victorville, Project CC26-031 Vance Corporation Page | 13
Section 25. CARE OF WORK
Contractor must adopt reasonable methods during the life of the Contract to furnish continuous protection to the Work, and the equipment, materials, papers, documents, plans, studies, and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the Work by the City, except those losses or damages as may be caused by the City’s own negligence. The performance of the Work by Contractor or the payment of money by the City shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective Work (including the obligation to remedy any defective Work or materials during the one- year guarantee period after the City’s acceptance thereof) at no further cost to the City.
Section 26. CAPTIONS AND HEADINGS
The captions and headings contained in this Contract 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 27. OWNERSHIP OF DOCUMENTS
No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. Contractor is deemed to have conveyed the copyright in any designs, drawings, specifications, Shop Drawings, or other documents (in paper or electronic form) developed by Contractor for the Project, and City will retain all rights to such works, including the right to possession.
Section 28. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Contract shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. This Contract may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the City.
Section 29. GENDER; PLURAL
In this Contract, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 30. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Contract and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 31. GOVERNING LAW
The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the Parties under this Contract, shall be construed pursuant to and in accordance with California law.
Section 32. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Contract, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
City of Victorville, Project CC26-031 Vance Corporation Page | 14
Section 33. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Contract and all proceedings involving any enforcement action related to this Contract shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 34. EFFECTIVENESS OF CONTRACT
This Contract shall not be binding upon the City until signed by the authorized representative(s) of Contractor, approved by the City’s Risk Manager, and executed by the authorized City personnel or the Mayor.
Section 35. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING CONTRACT
Each of the Parties to this Contract hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Contract a binding obligation of each of the Parties hereto. The persons executing this Contract warrant that they are duly authorized to execute this Contract on behalf of and bind the Parties each purports to represent.
Section 36. WAIVER
No delay or omission in the exercise of any right or remedy by a non- defaulting Party on any default under this Contract shall impair such right or remedy or be construed as a waiver. A Party's consent to or approval of any act by the other Party requiring the Party's consent or approval shall not be deemed to waive or render unnecessary the other Party's consent to or approval of any subsequent act. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Contract.
Section 37. INDEPENDENT CONTRACTOR STATUS
Contractor is an independent contractor. All persons working for or under the direction of the Contractor are the Contractor's employees, agents, or subcontractors, and they shall not be deemed agents, servants, or employees of the City.
Section 38. COUNTERPARTS
This Contract 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 Contract.
Section 39. PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Each and every provision of law and clause , required by Law to be inserted in this Contract , shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either Party , the Contract shall forthwith be physically amended to make such insertion or correction.
Section 40. ATTORNEY'S FEES
If either Party commences an action against the other Party, either legal, administrative, or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
City of Victorville, Project CC26-031 Vance Corporation Page | 15
Section 41. 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/ourwork/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. Contractor 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 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 – SIGNATURE PAGE FOLLOWS)
City of Victorville, Project CC26-031 Vance Corporation Page | 16
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed as of the dates written below.
THE CITY OF VICTORVILLE VANCE CORPORATION
By: _ By:
Elizabeth Beccera, Mayor Derek Ritarita, President
Dated: Dated:
ATTEST
By:
Jennifer Thompson, City Clerk
Dated:
APPROVED AS TO STANDARD FORM
By:
Andre de Bortnowsky, City Attorney
Dated:
THE CITY OF VICTORVILLE
By:
Sandra Bostick, Risk Manager
Dated:
City of Victorville, Project CC26-031 Vance Corporation Page | 17
EXHIBIT A
CONTRACTOR'S BID PROPOSAL
See Attachment
Exhibit A
2025 Citywide Street Improvements Bid Proposal Form, Project CC26-031 Bid
Item # Bid Item Description Quantity Unit Unit Price Total Cost 1 AUTHORIZED WORK 1 LS $375,000.00 $375,000.00
$375,000.00
Bid
Item # Bid Item Description Quantity Unit Unit Price Total Cost 2 MOBILIZATION & DEMOBILIZATION 1 LS $38,505.41 $38,505.41 3 TEMPORARY TRAFFIC CONTROL PLAN(S) (F) 1 LS $3,471.08 $3,471.08 4 TEMPORARY TRAFFIC CONTROL DEVICES, OPERATION AND
MAINTENANCE (F) 1 LS $94,868.89 $94,868.89
5 TRAFFIC SIGN ENHANCEMENT DEVICES, PCMS 2 EA $1,287.88 $2,575.76 6 TRAFFIC SIGN ENHANCEMENT DEVICES, FLASHING ARROW
SIGNS 4 EA $643.94 $2,575.76
7 STORM WATER POLLUTION PREVENTION PLAN (F) 1 LS $1,170.80 $1,170.80 8 QSP INSPECTION (F) 1 LS $2,107.45 $2,107.45
9 WORKSITE MAINTENANCE, WATER POLLUTION CONTROL 1 LS $15,683.25 $15,683.25 10 STORM DRAIN INLET PROTECTION 9 EA $173.57 $1,562.13
11 CONCRETE WASHOUT (F) 1 EA $906.98 $906.98
12 STREET SWEEPING & VACUUMING (F) 1 LS $30,780.40 $30,780.40 13 STABILIZED CONSTRUCTION ENTRANCE (F) 1 EA $6,396.92 $6,396.92 14 UTILITY LOCATION & PROTECTION (F) 1 LS $20,769.29 $20,769.29 15 REMOVE & DISPOSE PCC PAVEMENT 302 SF $9.07 $2,739.14 16 REMOVE & DISPOSE PCC CURB RAMP/SIDEWALK 305 SF $6.48 $1,976.40 17 REMOVE & DISPOSE PCC CURB AND GUTTER 55 LF $38.87 $2,137.85 18 REMOVE & DISPOSE PCC COLLAR 11 EA $817.65 $8,994.15
19 LOCATE, REMOVE & DISPOSE TRAFFIC SIGNAL LOOPS 1 LS $2,927.00 $2,927.00 20 SAWCUT AC PAVEMENT 383 LF $5.68 $2,175.44
21 COLD MILL AC PAVEMENT 2.0'x0.17' 610 SF $3.57 $2,177.70 22 COLD MILL AC PAVEMENT (FULL DEPTH) (F) 24960 SY $4.62 $115,315.20 23 UNCLASSIFIED EXCAVATION (F) 4225 CY $48.75 $205,968.75 24 CONSTRUCT 8" PCC CURB & GUTTER PER CITY STD S-01 365 LF $41.46 $15,132.90 25 CONSTRUCT 8" PCC CURB PER CITY STD S-09 715 LF $54.42 $38,910.30 26 CONSTRUCT PCC CURB RAMP PER CITY DETAIL NO. 1 (F) 258 SF $20.73 $5,348.34 27 CONSTRUCT PCC SIDEWALK PER CITY STD S-04 188 SF $9.07 $1,705.16 28 CONSTRUCT 8" MEDIAN PCC PAVEMENT 52 SF $25.91 $1,347.32 29 CONSTRUCT FRESNO RIVER COBBLE ROCKSCAPE MEDIAN 352 SY $120.49 $42,412.48 30 CONSTRUCT 6.0" CRUSHED MISCELLANEOUS BASE (F) 24492 SY $6.95 $170,219.40 31 ASPHALT CONCRETE TEST STRIP 1 LS $138,224.44 $138,224.44 32 CONSTRUCT 2" AC PAVEMENT C2-PG 64-28PM R10 (F) 24558 SY $15.18 $372,790.44 33 CONSTRUCT 4" AC PAVEMENT B-PG 64-16 R15(F) 24492 SY $26.79 $656,140.68 34 TACK COAT (F) 29530 SY $.52 $15,355.60
35 GEOGRID (F) 24492 SY $7.01 $171,688.92
36 ADJUST PULL BOX TO GRADE 3 EA $583.06 $1,749.18
ROY ROGERS DRIVE: AMARGOSA RD TO I-15 STREET IMPROVEMENTS GENERAL Vance Corporation
SCHEDULE A Vance Corporation
General Total
1 of 6
Exhibit A
2025 Citywide Street Improvements Bid Proposal Form, Project CC26-031 37 INSTALL 1" PVC CONDUIT FOR PPB 1 LS $1,036.54 $1,036.54 38 INSTALL PPB ANCHOR BOLTS IN PCC CURB PER CITY STD T- 1 LS $971.76 $971.76 39 ADJUST MANHOLE TO GRADE & CONSTRUCT CONCRETE
COLLAR PER CITY STD S-07 11 EA $1,240.62 $13,646.82
40 REMOVE AND REPLACE VALVE CAN ASSEMBLY PER CITY
STD W-18 7 EA $1,636.41 $11,454.87
41 FURNISH & INSTALL TYPE E TRAFFIC SIGNAL LOOPS PER
CALTRANS STD PLAN ES-1C 4 EA $995.18 $3,980.72
42 PLACE 4" THERMOPLASTIC WHITE LANE LINE PAVEMENT
STRIPING, DETAIL 12 (F) 6004 LF $1.42 $8,525.68
43 PLACE 4" THERMOPLASTIC CONTINUOUS WHITE LANE LINE
PAVEMENT STRIPING (F) 1575 LF $1.42 $2,236.50
44 PLACE 4" THERMOPLASTIC WHITE RIGHT EDGE LINE
PAVEMENT STRIPING, DETAIL 27B (F) 1167 LF $1.60 $1,867.20 45 PLACE 4" THERMOPLASTIC DOUBLE YELLOW LANE LINE
PAVEMENT STRIPING, DETAIL 22 (F) 1933 LF $2.16 $4,175.28 46 PLACE 4" THERMOPLASTIC TWO-WAY LEFT-TURN LANE
PAVEMENT STRIPING, DETAIL 32 (F) 318 LF $1.91 $607.38
47 PLACE 8" THERMOPLASTIC WHITE LANE DROP PAVEMENT
MARKING, DETAIL 37B (F) 594 LF $2.16 $1,283.04
48 PLACE 8" THERMOPLASTIC WHITE CHANNELIZING LINE
PAVEMENT STRIPING, DETAIL 38 (F) 3124 LF $2.16 $6,747.84 49 PLACE 8" THERMOPLASTIC WHITE CHANNELIZING LINE,
DETAIL 38A, WITH 6" WHITE ROUND ONE-WAY RAISED
PAVEMENT MARKERS INSTALLED INLINE EVERY 2' (F) 50 LF $32.08 $1,604.00 50 PLACE 8" THERMOPLASTIC WHITE CHANNELIZING LINE,
DETAIL 38A, WITH 6" WHITE ROUND ONE-WAY RAISED
PAVEMENT MARKERS INSTALLED INLINE EVERY 4' (F) 100 LF $32.08 $3,208.00 51 PLACE 8" THERMOPLASTIC WHITE CHANNELIZING LINE,
DETAIL 38B (F) 3124 LF $2.16 $6,747.84
52 PLACE 4" THERMOPLASTIC WHITE LANE LINE EXTENSION,
DETAIL 40 (F) 437 LF $2.78 $1,214.86
53 PLACE 8" THERMOPLASTIC YELLOW CHEVRON/DIAGONAL
LINE PAVEMENT STRIPING (F) 93 LF $2.47 $229.71
54 PLACE 8" THERMOPLASTIC WHITE CHEVRON/DIAGONAL
LINE PAVEMENT STRIPING (F) 138 LF $2.47 $340.86
55 PLACE 12" WIDE THERMOPLASTIC CROSSWALK PAVEMENT
MARKING (F) 1257 LF $4.32 $5,430.24
56 PLACE 12" WIDE THERMOPLASTIC WHITE LIMIT LINE (F) 304 LF $4.32 $1,313.28 57 PLACE THERMOPLASTIC TYPE IV ARROW PAVEMENT 24 EA $185.08 $4,441.92 58 PLACE YELLOW THERMOPLASTIC ON RAISED MEDIAN
NOSE, INCLUDING CURB FACE (F) 58 SF $18.51 $1,073.58
59 PAINT CURB RED IN FRONT OF FIRE HYDRANT CITY STD S-12 300 LF $2.47 $741.00 60 INSTALL CHANNELIZERS, CALTRANS STD A373C 35 EA $92.61 $3,241.35 61 INSTALL NEW SIGN, R4-7; 4-7P; OM1-3 (x2) 2 EA $801.99 $1,603.98 62 INSTALL NEW SIGN, R3-2 1 EA $481.19 $481.19
63 INSTALL NEW SIGN, R6-1 1 EA $481.19 $481.19
2 of 6
Exhibit A
2025 Citywide Street Improvements Bid Proposal Form, Project CC26-031 64 PLACE BLUE RETROREFLECTIVE PAVEMENT MARKERS PER
MUTCD FIGURE 3B-102(CA) 10 EA $2.47 $24.70
$2,285,522.24
Bid
Item # Bid Item Description Quantity Unit Unit Price Total Cost 65 MOBILIZATION & DEMOBILIZATION 1 LS $28,125.18 $28,125.18 66 TEMPORARY TRAFFIC CONTROL PLAN(S) (F) 1 LS $1,983.48 $1,983.48 67 TEMPORARY TRAFFIC CONTROL DEVICES, OPERATION AND
MAINTENANCE (F) 1 LS $71,444.37 $71,444.37
68 TRAFFIC SIGN ENHANCEMENT DEVICES, PCMS 3 EA $1,756.56 $5,269.68 69 TRAFFIC SIGN ENHANCEMENT DEVICES, FLASHING ARROW
SIGNS 4 EA $1,024.72 $4,098.88
70 STORM WATER POLLUTION PREVENTION PLAN (F) 1 LS $1,170.80 $1,170.80 71 QSP INSPECTION (F) 1 LS $2,107.45 $2,107.45
72 WORKSITE MAINTENANCE, WATER POLLUTION CONTROL 1 LS $5,355.72 $5,355.72 73 CONCRETE WASHOUT (F) 1 EA $2,710.98 $2,710.98
74 STREET SWEEPING & VACUUMING (F) 1 LS $24,624.32 $24,624.32 75 STABILIZED CONSTRUCTION ENTRANCE (F) 2 EA $3,198.46 $6,396.92 76 UTILITY LOCATION & PROTECTION (F) 1 LS $16,615.43 $16,615.43 77 REMOVE & DISPOSE PCC DRIVE APPROACH/DRIVEWAY 351 SF $12.96 $4,548.96 78 REMOVE & DISPOSE PCC CURB RAMP/SIDEWALK 4062 SF $10.36 $42,082.32 79 REMOVE & DISPOSE PCC CROSS GUTTER/SPANDREL 3093 SF $12.96 $40,085.28 80 REMOVE & DISPOSE AC DIKE 82 LF $11.84 $970.88
81 REMOVE & DISPOSE PCC CURB AND GUTTER 70 LF $45.35 $3,174.50 82 REMOVE & RE-PLACE LANDSCAPE ROCK (F) 1765 SF $7.77 $13,714.05 83 SAWCUT, REMOVE & DISPOSE 2' WIDE AC SLOT CUT 72 SF $24.20 $1,742.40 84 SAWCUT AC PAVEMENT 514 LF $4.68 $2,405.52
85 COLD MILL AC PAVEMENT 2.0'x0.17' 1030 SF $2.89 $2,976.70 86 COLD MILL AC PAVEMENT (FULL DEPTH) (F) 17657 SY $2.63 $46,437.91 87 CONSTRUCT PCC COMMERCIAL DRIVE APPROACH (F) 430 SF $23.32 $10,027.60 88 CONSTRUCT PCC TYPE C CURB RAMPS (F) 866 SF $19.43 $16,826.38 89 CONSTRUCT PCC TYPE A CURB RAMPS (F) 483 SF $19.43 $9,384.69 90 CONSTRUCT PCC CROSS GUTTER AND SPANDREL PER CITY
STD S-05 (F) 4329 SF $23.32 $100,952.28
91 CONSTRUCT PCC 8" CURB & GUTTER PER CITY STD S-01 384 LF $64.79 $24,879.36 92 CONSTRUCT PCC 8" CURB PER CITY STD S-09 172 LF $51.83 $8,914.76 93 CONSTRUCT PCC 6" CURB PER CITY STD S-09 216 LF $51.83 $11,195.28 94 CONSTRUCT PCC SIDEWALK PER CITY STD S-04 4273 SF $10.36 $44,268.28 95 CONSTRUCT PCC MEDIAN PER DETAIL NO. 12 160 LF $97.17 $15,547.20 96 UNCLASSIFIED CUT (F) 4850 CY $12.92 $62,662.00
97 CONSTRUCT 4.0" CRUSHED AGGREGATE BASE (F) 17073 SY $8.15 $139,144.95 98 CONSTRUCT 4.0" CRUSHED MISCELLANEOUS BASE (F) 17073 SY $4.83 $82,462.59 99 CONSTRUCT 8.0" CRUSHED MISCELLANEOUS BASE (F) 584 SY $32.02 $18,699.68 100 CONSTRUCT 2.0" AC PAVEMENT C2-PG 64-28PM R10 (F) 17779 SY $15.76 $280,197.04 101 CONSTRUCT 2.0" AC PAVEMENT B-PG 64-16 R15 (F) 584 SY $42.95 $25,082.80 SCHEDULE B Vance Corporation
RIDGECREST ROAD: BEAR VALLEY RD TO PAHUTE AVE
Schedule A Total
3 of 6
Exhibit A
2025 Citywide Street Improvements Bid Proposal Form, Project CC26-031 102 CONSTRUCT 4.0" AC PAVEMENT B-PG 64-16 R15(F) 17073 SY $26.72 $456,190.56 103 TACK COAT (F) 17779 SY $.76 $13,512.04
104 ADJUST PULL BOX TO GRADE 2 EA $583.06 $1,166.12
105
REMOVE AND REPLACE VALVE CANS ASSEMBLY PER CITY
OF VICTORVILLE STANDARD W-18 15 EA $1,551.91 $23,278.65 106 CONSTRUCT AC DIKE PER DETAIL NO. 13 21 LF $295.24 $6,200.04 107 CONSTRUCT 4.0" AC PAVEMENT C2-PG 64-10 R15 SLOT 72 SF $89.08 $6,413.76 108
PLACE 4" THERMOPLASTIC WHITE LANE LINE PAVEMENT
STRIPING, DETAIL 12 (F) 3407 LF $1.42 $4,837.94
109
PLACE 4" THERMOPLASTIC CONTINUOUS WHITE LANE LINE
PAVEMENT STRIPING (F) 800 LF $1.42 $1,136.00
110
PLACE 4" THERMOPLASTIC DOUBLE YELLOW LANE LINE
PAVEMENT STRIPING, DETAIL 22 (F) 1273 LF $2.16 $2,749.68 111
PLACE 4" THERMOPLASTIC TWO-WAY LEFT-TURN LANE
PAVEMENT STRIPING, DETAIL 32 (F) 1490 LF $1.91 $2,845.90 112
PLACE 8" THERMOPLASTIC WHITE CHANNELIZING LINE
PAVEMENT STRIPING, DETAIL 38 (F) 1250 LF $2.16 $2,700.00 113
PLACE THERMOPLASTIC 10' WIDE CROSSWALK WITH 12"
WIDE WHITE LINES (F) 545 LF $4.32 $2,354.40
114
PLACE THERMOPLASTIC 10' WIDE CROSSWALK WITH 12"
WIDE YELLOW LINES (F) 512 LF $4.32 $2,211.84
115
PLACE THERMOPLASTIC 12" WIDE LIMIT LINE PER CITY OF
VICTORVILLE STANDARD S-31 62 LF $4.32 $267.84
116
PLACE THERMOPLASTIC "STOP" LEGEND PER CITY OF
VICTORVILLE STANDARD S-31 4 EA $370.14 $1,480.56
117 PLACE THERMOPLASTIC TYPE IV ARROW PAVEMENT 22 EA $185.08 $4,071.76 118 PLACE THERMOPLASTIC TYPE VII ARROW PAVEMENT 4 EA $234.43 $937.72 119 INSTALL NEW SIGN, R26(S)(CA) 1 EA $481.19 $481.19
120
PAINT CURB RED FOR A DISTANCE OF 15' EACH SIDE OF THE
FIRE HYDRANT 300 LF $2.47 $741.00
121
PLACE BLUE RETROREFLECTIVE PAVEMENT MARKERS PER
MUTCD FIGURE 3B-102(CA) 10 EA $24.68 $246.80
$1,712,110.42
Bid
Item # Bid Item Description Quantity Unit Unit Price Total Cost 122 MOBILZATION & DEMOBILIZATION 1 LS $29,439.18 $29,439.18 123 TEMPORARY TRAFFIC CONTROL PLAN(S) (F) 1 LS $991.74 $991.74 124
TEMPORARY TRAFFIC CONTROL DEVICES, OPERATION AND
MAINTENANCE (F) 1 LS $14,951.76 $14,951.76
125 TRAFFIC SIGN ENHANCEMENT DEVICES, PCMS 2 EA $64.40 $128.80 126
TRAFFIC SIGN ENHANCEMENT DEVICES, FLASHING ARROW
SIGNS 2 EA $64.40 $128.80
127 WORKSITE MAINTENANCE, WATER POLLUTION CONTROL 1 LS $3,920.81 $3,920.81 128 STORM DRAIN INLET PROTECTION (F) 1 EA $3,920.81 $3,920.81 129 CONCRETE WASHOUT (F) 1 LS $2,710.98 $2,710.98
Schedule B Total
SCHEDULE C Vance Corporation
VILLAGE DRIVE SIDEWALK - PUSTA DEL SOL DR TO TAWNEY RIDGE LN, PLAN S-952 4 of 6
Exhibit A
2025 Citywide Street Improvements Bid Proposal Form, Project CC26-031 130 STREET SWEEPING & VACUUMING (F) 1 LS $34,627.95 $34,627.95 131 UTILITY LOCATION & PROTECTION (F) 1 LS $4,153.85 $4,153.85 132
SAWCUT, REMOVE, AND DISPOSE PCC DRIVE APPROACH
AND/OR WINGS 803 SF $12.96 $10,406.88
133 SAWCUT, REMOVE, AND DISPOSE PCC DRIVEWAY 4336 SF $10.36 $44,920.96 134 SAWCUT, REMOVE, AND DISPOSE PCC SIDEWALK 905 SF $10.36 $9,375.80 135 SAWCUT, REMOVE, AND DISPOSE CURB AND GUTTER 70 LF $45.35 $3,174.50 136 SAWCUT, REMOVE AND DISPOSE PCC PAVEMENT 210 SF $12.96 $2,721.60 137 REMOVE AND DISPOSE BLOCK STAIRCASE STEP 1 LS $3,227.36 $3,227.36 138 REMOVE AND DISPOSE CHAIN LINK FENCE 119 LF $45.18 $5,376.42 139 REMOVE AND RE-LOCATE ROCK LANDSCAPE 1 LS $8,421.90 $8,421.90 140 UNCLASSIFIED EXCAVATION (F) 8 CY $322.74 $2,581.92
141 UNCLASSIFIED FILL (F) 213 CY $286.65 $61,056.45
142
CONSTRUCT 6" PCC RESIDENTIAL DRIVE APPROACH TYPE I
PER MODIFIED CITY STD S-02 1176 SF $23.32 $27,424.32
143
CONSTRUCT 6" PCC ADA BYPASS BEHIND EXISTING
APPROACH RAMP PER MODIFIED CITY STD S-02 TYPE I 1438 SF $19.43 $27,940.34 144
CONSTRUCT 6" PCC DRIVE APPROACH WING PER MODIFIED
CITY STD S-02 TYPE I 55 SF $23.32 $1,282.60
145 CONSTRUCT 4" PCC RESIDENTIAL DRIVEWAY 3346 SF $19.43 $65,012.78 146 CONSTRUCT 4" PCC SIDEWALK PER CITY STD S-04 8278 SF $10.36 $85,760.08 147 CONSTRUCT 8" PCC CURB & GUTTER PER CITY STD S-01 47 LF $64.79 $3,045.13 148 CONSTRUCT VARIABLE HEIGHT PCC CURB PER CITY STD S- 5 LF $64.79 $323.95 149 CONSTRUCT PCC PARKWAY DRAIN PER SPPWC STD 151-3 5 EA $8,421.90 $42,109.50 150 CONSTRUCT 4" PCC STEP LANDING (F) 4 SF $712.62 $2,850.48 151 CONSTRUCT CONCRETE STEP 1 LS $4,534.87 $4,534.87
152
RELOCATE EXISTING WATER METER BOX PER CITY STD W-
01 AND W-10 13 EA $2,165.38 $28,149.94
153
INSTALL METAL HAND RAILINGS PER SPPWC STD 606-5
TYPE B (F) 33 LF $265.61 $8,765.13
$543,437.59
Bid
Item # Bid Item Description Quantity Unit Unit Price Total Cost 154 MOBILIZATION & DEMOBILIZATION 1 LS $4,915.31 $4,915.31 155 TEMPORARY TRAFFIC CONTROL PLAN(S) (F) 1 LS $1,983.48 $1,983.48 156
TEMPORARY TRAFFIC CONTROL DEVICES, OPERATION AND
MAINTENANCE (F) 1 LS $4,098.87 $4,098.87
157 REMOVE CONFICT STRIPING 1 LS $9,576.96 $9,576.96
158
PLACE 4" THERMOPLASTIC DOUBLE YELLOW LANE LINE
PAVEMENT STRIPING, DETAIL 29 (F) 1244 LF $2.16 $2,687.04 159
PLACE 4" THERMOPLASTIC WHITE LANE LINE PAVEMENT
STRIPING, DETAIL 12 (F) 1052 LF $1.42 $1,493.84
160
PLACE 4" THERMOPLASTIC CONTINUOUS WHITE LANE LINE
PAVEMENT STRIPING (F) 50 LF $1.42 $71.00
GREEN TREE BOULEVARD - COAD RD TO RIDGECREST RD, PLAN S-941 Schedule C Total
SCHEDULE D Vance Corporation
5 of 6
Exhibit A
2025 Citywide Street Improvements Bid Proposal Form, Project CC26-031 161
PLACE THERMOPLASTIC WHITE CHANNELIZING LINE
PAVEMENT STRIPING, DETAIL 38 (F) 75 LF $2.47 $185.25
162
PLACE 6" THERMOPLASTIC LANE LINE PER CALTRANS STD.
PLAN A20D DETAIL 39 (F) 4668 LF $1.67 $7,795.56
163
PLACE 6" THERMOPLASTIC LANE LINE PER CALTRANS STD.
PLAN A20D DETAIL 39A (F) 200 LF $1.67 $334.00
164 PLACE THERMOPLASTIC TYPE IV ARROW PAVEMENT 2 EA $185.08 $370.16 165 PLACE THERMOPLASTIC TYPE VI ARROW PAVEMENT 3 EA $215.92 $647.76 166
PLACE THERMOPLASTIC BIKE LANE SYMBOL WITH PERSON
PAVEMENT MARKING 2 EA $123.38 $246.76
167
PLACE THERMOPLASTIC BIKE LANE ARROW PAVEMENT
MARKING 2 EA $92.54 $185.08
$34,591.07
Total Base Bid (Schedules: General + A + B + C +D): $4,950,661.32 Schedule D Total
6 of 6
Item Number: 2
City Council / Board of Directors
Public Hearing(s)
Meeting of: August 19, 2025
Submitted By:
Fredy Bonilla, City Engineer
Brenda Hampton, Director of Electric Utility Services
Subject:
Award of Construction Contract and Notice of Exemption for VMUS Gas Improvement Project – Phase 5
Recommendation:
That the Honorable City Council:
(1) Open and conduct the Public Hearing, receive testimony regarding the proposed Capital Improvement Project (CIP) and CEQA Notice of Exemption; (2) Close the Public Hearing;
(3) Approve the CEQA Notice of Exemption and authorize staff to file the notice with the Office of Planning & Research and the County Clerk; and (4) Award a construction contract to A.M. Ortega Construction, Inc., in the amount of $181,052.42 for the VMUS Gas Improvement Project - Phase 5.
Fiscal Impact:
This action will result in fiscal impact of $181,052.42. This project is funded by the Victorville Municipal Utilities Services (VMUS) Gas Fund, No. 419. An additional appropriation is not required. There are sufficient funds available in the project to cover the planned expenses.
Account Number Account Description Amount Available
4190210 – 55080 – 30079 Infrastructure
Improvements
$181,052.42
Strategic Plan Goal:
This item aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. Completing this conversion will allow VMUS to provide all customers with reliable natural gas at a competitive price supplied through the Kern River Pipeline. 4 2
7 5
Background:
On February 7, 2023, the City Council approved an Interconnection Agreement with Kern River Gas Transmission Company (KRGT) for the construction of a natural gas pipeline interconnection and meter station facilities. Pursuant to that agreement, KRGT constructed a new delivery meter station and associated infrastructure, enabling a direct supply of natural gas to Victorville Municipal Utility Services (VMUS).
Subsequently, on April 2, 2024, the City Council awarded a construction contract in the amount of $709,024.79 to Arizona Pipeline Company for the Kern River Interconnect Project. This project facilitated the physical connection between the VMUS natural gas system and the KRGT pipeline, allowing VMUS to receive natural gas at a significantly lower price. This project was completed in September 2024.
Discussion:
Currently, a small portion of the VMUS gas service area remains connected to the Southwest Gas distribution system. This section has not yet been converted to the KRGT system. Southwest Gas has announced plans to implement a significant fee increase to SCLA, effective January 1, 2026. The purpose of this project is to convert the final segment of the VMUS service area to the KRGT supply system. Completing this conversion will eliminate the City’s reliance on Southwest Gas entirely and allow VMUS to serve all customers with reliable natural gas at a competitive price.
This project was solicited using the informal bidding procedures in accordance with Victorville Municipal Code Section 2.28.200 and the California Public Contract Code. A Notice inviting bids was advertised and posted on the City of Victorville website on June 1, 2025. The following bidders responded:
(1) A.M. Ortega Construction Inc., Lakeside CA - $181,052.42 (2) Arizona Pipeline, Hesperia, CA - $214,478.13
Each bid submission was reviewed by the Purchasing Department, and they determined the best value bidder to be A.M. Ortega Construction Inc., based on their price bid of $181,052.42, which was the lowest bid amount. A.M. Ortega Construction Inc. is familiar with the City and VMUS’ natural gas distribution system, having completed the VMUS Gas Replacement Project Phase – IV project in September 2023.
Staff recommends that the Honorable City Council approve the Notice of Exemption and award the Construction Agreement (Attachment C) by and between the City of Victorville and A.M. Ortega Construction, Inc., for the VMUS Gas Improvement Project – Phase 5.
Staff is available for any questions Council may have.
Prepared By:
Sylvia Severson, Management Technician
4 2
7 5
Attachments: A. Location Map
B. Notice of Exemption
C. Construction Agreement
ATTACHMENT A
LOCATION MAPVMUS GAS IMPROVEMENT PROJECT - PHASE 5
ATTACHMENT B
Statutory Exemptions. State code number:
_______________________________________________
Print Form
Notice of Exemption Appendix E
From: (Public Agency): ____________________________
To: Office of Planning and Research
P.O. Box 3044, Room 113 _______________________________________________Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:
Project Location - City: ______________________ Project Location - County:
Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Proj ect: ________________________________________________ Exempt Status: (check one):
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:
Lead Agency
Contact Person: ____________________________
Area Code/Telephone/Extension: _______________
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No
Signature: ____________________________ Date:
Signed by Lead Agency
Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
City of Victorville
14343 Civic Drive
Victorville, CA 92392
San Bernardino
385 North Arrowhead Ave, Second Floor
San Bernardino, CA 92415-0130
VMUS Gas Improvement Project - Phase 5
City of Victorville
Sabre Blvd, between George Blvd and Finance St.
Victorville
San Bernardino
To install 1013 linear feet of 2" PE gas pipe to transition a small segment of the gas system from Southwest Gas to the Kern River Gas Transmission network.
City of Victorville
City of Victorville
X
Class 1 (15301b)
This project involves minor alteration of existing natural gas system with no expansion of existing use.
Fredy A. Bonilla, City Engineer
(760) 955-5170
■
■
ATTACHMENT C
CONSTRUCTION CONTRACT BY AND BETWEEN
THE CITY OF VICTORVILLE AND
A. M. ORTEGA CONSTRUCTION, INC.
FOR
VMUS GAS IMPROVEMENT PROJECT – PHASE 5,
CITY PROJECT NO. CC26-008
THIS CONSTRUCTION CONTRACT (the “Contract”) dated ______________________ for reference purposes only is made and entered into by and between the City of Victorville, a municipal corporation and charter city located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, and A. M. Ortega Construction, Inc., a California corporation, hereinafter referred to as the “Contractor”. The City and Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”
RECITALS:
WHEREAS, the City requires construction of VMUS Gas Improvement Project – Phase 5, as more fully described in the solicitation documents issued by the City for Project No. CC26-008 (the “Project”); and
WHEREAS, on June 1, 2025, the City issued a Notice Inviting Bids and solicitation documents to prospective bidders for the Project. In response, Contractor submitted a Bid, which the City determined to be the lowest responsive and responsible bid; and
WHEREAS, Contractor is a duly organized corporation in good standing in the State of California, and represents that it has the background, knowledge, experience, expertise and resources to perform the Work and other obligations encompassed by this Contract; and WHEREAS, at its meeting held on August 19, 2025, the Victorville City Council duly accepted Contractor’s Bid for the Project and directed that a written agreement for the Project be entered into with Contractor; and
WHEREAS, in light of the facts set forth above and the certifications made by Contractor as part of its Bid, the City desires to retain Contractor to perform the cons truction Work for the Project as set forth in this Contract and in the Contract Documents, as hereinafter described.
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 Contract by this reference, as though set forth herein.
City of Victorville, Project CC26-008 A. M. Ortega Construction, Inc.
Page | 2
Section 2. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE
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 complementary; what is called for in one is binding as if called for in all, and together constitute Contractor’s performance obligations:
(1) This Contract and its attached Exhibits, subject to the limitations in Sections 9 and 20 with respect to Exhibit “A” (Contractor’s submitted Bid Proposal as accepted by the City); (2) Change Orders issued and approved by the City;
(3) Regulatory Permits from other agencies specified in Appendices A and B of the bid package or as may otherwise be required by law;
(4) Bid Addenda issued by the City;
(5) Notice Inviting Bids and Instructions to Bidders;
(6) Special Provisions;
(7) Greenbook 2021 Edition;
(8) Appendices;
(9) Plans;
(10) Bid Forms and attachment thereto;
(11) Faithful Performance Bond;
(12) Payment Bond.
b. Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of precedence (from highest to lowest), as set forth in Subsection a. above shall control.
c. Definitions. Unless specifically defined or assigned a meaning in this Contract, or the context clearly indicates otherwise, capitalized terms herein shall have the meaning assigned to them in the “Definitions” section of the Instructions to Bidders document.
Section 3. CONTRACTOR’S OBLIGATIONS
C
ontractor will perform all of the Work required for the Project, as specified in the Contract Documents.
Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents, and to the satisfaction of Fredy A. Bonilla, P.E., City Engineer, or his/her designee (hereinafter the “Project Manager”).
Section 4. CONTRACT PRICE; PAYMENT AND RETENTION
a. A
s full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor One Hundred E ighty-one Thousand Fifty- two and 42/100 Dollars , ($ 181,052.42) (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with Contractor’s Bid Proposal (attached hereto as Exhibit “A”) subject to the provisions of this Contract and the Contract Documents.
City of Victorville, Project CC26-008 A. M. Ortega Construction, Inc.
Page | 3
b. Procedures relating to payment and retention are set forth in the Special Provisions.
Section 5. CONTRACT TIME; NOTICE TO PROCEED
a. Contract Time. The Work under this Agreement shall be diligently prosecuted to completion before expiration of Fifteen (15) WORKING DAYS, commencing within Fifteen (15) calendar days after the issuance of the Notice to Proceed. The City will not issue a Notice to Proceed to the Contractor until this Contract, including bonds and insurance documents, have been executed and/or approved by the City.
b. Notice to Proceed. No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City. Contractor shall commence Work pursuant to the Contract Documents and as directed by the City in the Notice to Proceed, and diligently execute the same to completion within the Contract Time.
Section 6. DISPUTE RESOLUTION AND CLAIMS PROCEDURES
a. Public Contract Code Section 9204. For purposes of any Public Works Claims filed by a Contractor or Subcontractor (as those terms are defined in Public Contract Code Section 9204) under this Contract, the claims procedures in Public Contract Code Section 9204 (“ Section 9204”) and the provisions of this Section shall apply. Public Contract Code Section 9204 is set forth in full in Section 2- 10 of the Special Provisions.
(1) In the event of a Section 9204 Public Works Claim, Contractor may not stop working pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work during the Section 9204 process.
(2) Any Public Works Claims not resolved by the Section 9204 procedures (and/or any tort claims) shall be subject to Section 2.24.020 of the Victorville Municipal Code (“VMC”) and the provisions of the Government Claims Act (Government Code section 810 et seq.).
b. For disputes or claims that do not constitute Public Works Claims, City and Contractor agree to comply with the following process:
(1) Each Party shall designate a senior management or executive level representative t o negotiate any dispute.
(2) The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.
(3) If the issue remains unresolved after ten (10) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiation between the legal counsel for each Party.
If the above process fails, the Parties may mutually agree to engage in non-binding mediation or arbitration in which the Parties equally share the costs of any mediator or arbitrator, or may proceed with suit or other remedies, subject to the provisions of subparagraph (5) of this Subsection and other applicable provisions and laws.
(4) The alternative dispute resolution process set forth herein is a material condition to Contract and must be exhausted as an administrative remedy prior to either Party initiating legal action.
City of Victorville, Project CC26-008 A. M. Ortega Construction, Inc.
Page | 4
(5) Compliance with VMC Section 2.24.020 and the provisions of the Government Claims Act (Government Code section 810 et seq.) is also required prior to initiating suit against the City.
Section 7. TERMINATION OF AGREEMENT FOR CONVENIENCE
a. The City may, by providing thirty (30) days' advance written notice to Contractor, terminate this Agreement in whole or in part, whenever the City shall determine that such termination is in the best interests of the City, or when it becomes impracticable or impossible to proceed, or because of conditions or events beyond the control of the City. Any such termination shall be affected by delivery to Contractor of a Notice of Termination for Convenience, specifying the extent to which performance of Work under this Agreement is terminated, and the date upon which such termination becomes effective. Upon such termination, the obligations of the Contractor for portions of the Work already performed shall continue.
b. Upon receipt of a Notice of Termination for Convenience, the Contractor shall, unless the notice directs otherwise, do the following:
(1) Immediately discontinue the Work to the extent specified in the notice. (2) Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary to complete such portion(s) of the Work that are not to be discontinued. (3) Promptly cancel, on the most favorable terms reasonably possible, all subcontracts to the extent that they relate to the performance of the discontinued portion of the Work. (4) Thereafter do only such Work as may be necessary to preserve and protect the Work already in progress and to protect materials, plants, and equipment on the Project site or in transit thereto.
c. Upon such termination, the Contractor will be paid without duplication for:
(1) Work completed in accordance with the Contract Documents prior to the effective date of the Notice of Termination for Convenience;
(2) Reasonable costs incurred in settlement of terminated contracts with Subcontrac tors, suppliers and others; and
(3) Reasonable expenses directly attributable to termination.
The Contractor shall submit a final termination settlement proposal to the City no later than ninety (90) days from the effective date of termination, unless extended in writing by the City, upon written request by the Contractor. If the Contractor fails to submit a proposal, the City may determine the amount, if any, due the Contractor as a result of the termination. The City will pay the Contractor the amou nt it determines is reasonable. If the Contractor disagrees with the amount determined by the City as being reasonable, the Contractor shall provide notice to the City within thirty (30) Days of receipt of payment. Any amount due shall be subject to the dispute resolution provisions set forth in the Contract Documents.
d. Contractor shall include provisions in all of its subcontracts, purchase orders, and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section 7.
Section 8. TERMINATION FOR CONTRACTOR’S DEFAULT
a. Default. The City may terminate this Contract for Contractor’s default as set forth in this Section. The City will consider the Contractor in default of this Contract if, prior to the City’s acceptance of the Work, the Contractor:
City of Victorville, Project CC26-008 A. M. Ortega Construction, Inc.
Page | 5
(1) becomes insolvent, assigns its assets for the benefit of its creditors, is unable to pay its debts as they become due, or is otherwise financially unable to complete the Work; (2) abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;
(3) disregards written instructions from the City or materially violates provisions of the Contract Documents;
(4) fails to prosecute the Work according to the schedule approved by the Engineer, (5) disregards laws or regulations of any public body having jurisdiction, or (6) commits continuous or repeated violations of regulatory or statutory safety requirements.
Notices, and other written communications regarding default between the Contractor, the City, and the Surety shall be transmitted in accordance with Section 21 of this Contract. b. Notice and Opportunity to Cure. The City will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within five (5) Working Days after receipt. If the Contractor fails to commence satisfactory corrective action within five (5) Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, the City will consider the Contractor in default of the Contract and:
(1) will terminate the Contractor’s right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety; (2) may use any materials, equipment, tools or other facilities furnished by the Contractor to secure and maintain the Work site, and
(3) may furnish labor, equipment, and materials the City deems necessary to secure and maintain the Job Site;
c. Remedies Cumulative. The provisions of this Section shall be in addition to all other legal rights and remedies available to the City. Termination of this Contract will not relieve the Surety of its obligation for any just claims arising out of the Work performed.
Section 9. PREVAILING WAGE
a. Compliance with State Prevailing Wage Requirements. Pursuant to Labor Code Section 1773, the City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in San Bernardino County, California from the Director of the Department of Industrial Relations (DIR) for each craft, classification, or type of worker needed to perform the Work required under this Contract. A copy of these prevailing wage rates are on file at the City’s Finance Department/Purchasing Division and shall be made available for review to any interested party on request. In addition, a copy of the prevailing rate of per diem wages may be obtained via the internet at:
http://www.dir.ca.gov/DLSR/PWD. Contractor and all Subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the Work contemplated by this Contract, including workers performing Work covered by under Labor Code Sections 1720 and 1720.9. Contractor shall be responsible for using the correct and current prevailing wage rates. Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct prevailing wage.
b. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the terms of this Section 9 and the provisions of Exhibit “A”, the terms of this Section 9 shall control and nothing herein shall be considered as an acceptance of the terms of Contractor’s Submitted Bid Proposal conflicting with the requirements of this Section 9.
City of Victorville, Project CC26-008 A. M. Ortega Construction, Inc.
Page | 6
c. Payroll Records. Contractor 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 connect ion with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(a) The information contained in the payroll record is true and correct; and
(b) Contractor or the Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any 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 City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.
(3) Enforcement. Upon notice of noncompliance with Labor Code § 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.
d. 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.
e. 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.
f. Other Labor Requirements. Contractor has the responsibility for and shall comply with all other requirements of California Labor Code Section 1720 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 will require the same of all its Subcontractors.
g. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour 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 City not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work
City of Victorville, Project CC26-008 A. M. Ortega Construction, Inc.
Page | 7
done under this Contract 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) The Contractor or Subcontractor shall, as a penalty to the City, forfeit twent y-five dollars ($25) for each worker employed in the execution of this Contract 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 in violation of the provisions of this subsection. In awarding any contract for public work, Contractor must forfeit to City Twenty-five Dollars ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day.
h. DIR Monitoring. Pursuant to Labor Code § 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the DIR.
i. 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 Contract, 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 Contract is entered into and maintain registration for the duration of the Project.
Section 10. LIQUIDATED DAMAGES
If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of Fifteen Hundred and 00/100 Dollars ($1,500.00) per day for each day of unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.
Section 11. COMPLIANCE WITH LAWS
Contractor shall comply with all Laws 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, including a City business license, shall be held or obtained by the Contractor at its sole expense and prior to commencing any Work hereunder.
Section 12. WORKERS’ COMPENSATION CERTIFICATION
Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”
City of Victorville, Project CC26-008 A. M. Ortega Construction, Inc.
Page | 8
Section 13. INSURANCE
a. Contractor shall procure and maintain at its own expense at all times during the period covered by this Contract (and through the one- year guarantee period following the date of City’s acceptance of the Project) the following policies of insurance:
(1) Commercial General Liability (“CGL”) Insurance: Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than Two Millon Dollars ($2,000,000) per occurrence resulting from the acts or omissions of the Contractor or its officers, employees, servants, volunteers, and agents, and independent contractors. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
(2) Commercial Vehicle Liability Insurance: Covering person injury and property damage, of not less than One Million Dollars ($ 1,000,000) combined single limit, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the Work required by this Contract.
(3) Workers’ Compensation Insurance: Providing coverage as required by the California State Workers’ Compensation Law and Employers’ Liability insurance with a limit of no less than One Million Dollars ( $1,000,000) per accident for bodily injury or disease. If any class of employees employed by Contractor is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City.
(4) Course of Construction, Builders’ Risk, or Inland Marine Insurance for Work on Site: Issued on an occurrence basis, for all -risk or “all perils” coverage on a 100% completed value basis on the insurable portion of the Project for the benefit of City, 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 shall also be responsible for insuring its owned, leased/rented, or borrowed equipment.
(a) City of Victorville shall be named as a Loss Payee.
(b) If the Project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery, and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the Project/Work site.
b. Additional Insurance Requirements. With respect to the policies of insurance set forth above, compliance with the following is also required:
(1) Additional Insureds. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies,
City of Victorville, Project CC26-008 A. M. Ortega Construction, Inc.
Page | 9
except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the City and its elected or appointed officials, officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, are named as Additional Insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City of Victorville, its officers, officials, employees, agents, or volunteers.
(2) Waiver of Subrogation Rights. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its elected or appointed officers, officials, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
(3) Sufficiency of Insurers. Contractor must secure all policies of insurance required by this Contract from a good and responsible company or companies authorized to do insurance business in the State of California, with an AM Best’s rating of not less than A:VII.
(4) Proof of Insurance Coverage Required Prior to Commencement of Work. Within ten (10) days of the date Contractor receives this Contract from the City for execution (following award of same by the City Council), certificates of insurance evidencing the policies of insurance, coverages, and endorsements required by this Contract and satisfactory to and approved by the City shall be furnished by Contractor to the City’s Risk Manager. In no event shall any Work on the Project be permitted to commence until adequate proof of insurance and endorsements have been so furnished.
(5) Special Provisions. Any additional insurance requirements set forth in Section 5-4 of the Special Provisions shall also apply to this Contract.
(6) Other Required Endorsements.
(a) The policies shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non- payment, ten (10) days advance written notice shall be given.
(b) The CGL and vehicle liability policies shall be endorsed as Primary and Non- contributory.
c. Subcontractors. Contractor must ensure that each Subcontractor is required to obtain and maintain the same insurance coverage required under this Section 13 with respect to its performance of Work on the Project, including those requirements related to the Additional Insureds and waiver of subrogation. Contractor must confirm that each Subcontractor has complied with these insurance requirements before the Subcontractor is permitted to begin Work on the Project. Upon request by the City, Contractor must provide certificates and endorsements submitted by each Subcontractor to prove compliance with this requirement. The insurance requirements for Subcontractors do not replace or limit the Contractor’s insurance obligations.
Section 14. Reserved.
Section 15. TIME OF THE ESSENCE
Time is of the essence in the performance of this Contract.
City of Victorville, Project CC26-008 A. M. Ortega Construction, Inc.
Page | 10
Section 16. INDEMNIFICATION
a. Notwithstanding the limits of any insurance and to the fullest extent permitted by law, Contractor shall indemnify the City, its elected or appointed 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, (hereinafter " 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 performance of the Work, operations, or activities of Contractor, its agents, employees, Subcontractors, or invitees on the Project, or arising or alleged to arise from the acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Contract, but excluding such Claims or Liabilities or portion of such Claims or Liabilities arising or alleged to arise from the active negligence, sole negligence, or willful misconduct of the City, its elected or appointed officials, officers, agents, volunteers, or employees, and in connection therewith:
(1) 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;
(2) Contractor will promptly pay any judgment rendered against the City, its elected or appointed officials, officers, agents, volunteers, 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') performance of or f ailure to perform such Work, operations or activities hereunder; and Contractor agrees to save and hold the City, its elected or appointed officials, officers, agents, volunteers and employees harmless therefrom; (3) In the event the City, its elected or appointed 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 performance of or failure to perform the Work, operation, or activities of Contractor hereunder, Contractor shall pay to the City, its elected or appointed officials, officers, agents ,volunteers, or employees, any and all costs and expenses incurred by the City, its elected or appointed officers, officials, agents, volunteers, or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City;
(4) Contractor's duty to defend, indemnify, and hold harmless 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.
b. City will timely notify Contractor upon receipt of any third- party claim relating to the Contract, as required by Public Contract Code § 9201. The Contractor's indemnification and defense obligations pursuant to this Section shall survive the termination of this Contract. Contractor shall require the same indemnification from all Subcontractors.
City of Victorville, Project CC26-008 A. M. Ortega Construction, Inc.
Page | 11
Section 17. REPORTS; BOOKS AND RECORDS; AUDIT
a. Upon request by the Project Manager Contractor shall prepare and submit reports concerning Contractor's performance of the Work required by this Contract. b. Contractor shall keep such books and records as shall be necessary to perform the work required by this Contract and enable the Project Manager to evaluate the cost and the performance of such Work.
c. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Project Manager shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Contractor and made available to the Project Manager for purposes of performing an audit for a period of five (5) years from the date of termination of this Contract.
Section 18. MODIFICATIONS AND AMENDMENTS
This Contract may be modified or amended only by written Change Orders as specified in the Contract Documents or a written instrument signed by both Parties.
Section 19. ENTIRE AGREEMENT
a. This Contract supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Contract. b. The Contract Documents contain all the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Contract and the Contract Documents incorporated herein. c. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.
Section 20. AMBIGUITIES
This Contract 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 the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Contract. Notwithstanding the foregoing, the Parties agree that Exhibit “A” is attached hereto for reference purposes, and to the extent there are any ambiguities, inconsistencies, or conflicts between the terms of this Contract and Exhibit “A”, the terms of this Contract shall control, and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this Contract.
Section 21. NOTICES
a. Any notice to be provided pursuant to this Contract 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:
City of Victorville, Project CC26-008 A. M. Ortega Construction, Inc.
Page | 12
To City: Fredy Bonilla, P.E., City Engineer
Engineering Department City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Contractor: Archie M. Ortega, President
A.M. Ortega Construction, Inc.
10125 Channel Rd.
Lakeside, CA 92040
To Surety: _______________________________
_______________________________
_______________________________
_______________________________
_______________________________
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
c. Either Party, or the surety, may change its address by giving notice in writing to all other parties listed above, and thereafter notices shall be addressed and transmitted to such new address.
Section 22. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Contract.
Section 23. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Contract and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Contract based on such consultation.
Section 24. BONDS
Concurrently with the execution of this Contract by the Contractor, and before the commencement of any Work, Contractor shall furnish to the City a Faithful Performance Bond, and a Payment (Labor and Materials Bond) each in an amount equal to one hundred percent (100%) of the Contract Price written on the forms included in the Contract Documents. These bonds must remain in force until the later of (1) the expiration of the one-year guarantee period; or (2) on one year from the date of completion of the corrective Work. Such bonds must be issued by a responsible corporate Surety, licensed and authorized to issue such bonds in the State of California with an AM Best’s Rating of at least A: VII.
Section 25. CARE OF WORK
Contractor must adopt reasonable methods during the life of the Contract to furnish continuous protection to the Work, and the equipment, materials, papers, documents, plans, studies, and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the Work by the City, except those losses or damages as may be caused by the City’s own negligence. The performance of the Work by Contractor or the payment of money by the City shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective Work (including
City of Victorville, Project CC26-008 A. M. Ortega Construction, Inc.
Page | 13
the obligation to remedy any defective Work or materials during the one- year guarantee period after the City’s acceptance thereof) at no further cost to the City.
Section 26. CAPTIONS AND HEADINGS
The captions and headings contained in this Contract 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 27. OWNERSHIP OF DOCUMENTS
No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. Contractor is deemed to have conveyed the copyright in any designs, drawings, specifications, Shop Drawings, or other documents (in paper or electronic form) developed by Contractor for the Project, and City will retain all rights to such works, including the right to possession.
Section 28. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Contract shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. This Contract may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the City.
Section 29. GENDER; PLURAL
In this Contract, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 30. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Contract and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 31. GOVERNING LAW
The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the Parties under this Contract, shall be construed pursuant to and in accordance with California law.
Section 32. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Contract, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 33. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Contract and all proceedings involving any enforcement action related to this Contract shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
City of Victorville, Project CC26-008 A. M. Ortega Construction, Inc.
Page | 14
Section 34. EFFECTIVENESS OF CONTRACT
This Contract shall not be binding upon the City until signed by the authorized representative(s) of Contractor, approved by the City’s Risk Manager, and executed by the authorized City personnel or the Mayor.
Section 35. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING CONTRACT
Each of the Parties to this Contract hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Contract a binding obligation of each of the Parties hereto. The persons executing this Contract warrant that they are duly authorized to execute this Contract on behalf of and bind the Parties each purports to represent.
Section 36. WAIVER
No delay or omission in the exercise of any right or remedy by a non- defaulting Party on any default under this Contract shall impair such right or remedy or be construed as a waiver. A Party's consent to or approval of any act by the other Party requiring the Party's consent or approval shall not be deemed to waive or render unnecessary the other Party's consent to or approval of any subsequent act. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Contract.
Section 37. INDEPENDENT CONTRACTOR STATUS
Contractor is an independent contractor. All persons working for or under the direction of the Contractor are the Contractor's employees, agents, or subcontractors, and they shall not be deemed agents, servants, or employees of the City.
Section 38. COUNTERPARTS
This Contract 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 Contract.
Section 39. PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Each and every provision of law and clause , required by Law to be inserted in this Contract , shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either Party , the Contract shall forthwith be physically amended to make such insertion or correction.
Section 40. ATTORNEY'S FEES
If either Party commences an action against the other Party, either legal, administrative, or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
Section 41. CARB COMPLIANCE OBLIGATIONS
a. CARB Regulations. Contractor is aware of the California Air Resources Board (“CARB”) regulations
City of Victorville, Project CC26-008 A. M. Ortega Construction, Inc.
Page | 15
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/ourwork/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. Contractor 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 def end, indemnify, and hold harmless 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 – SIGNATURE PAGE FOLLOWS)
City of Victorville, Project CC26-008 A. M. Ortega Construction, Inc.
Page | 16
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed as of the dates written below.
THE CITY OF VICTORVILLE A.M. ORTEGA CONSTRUCTION INC.
By: By:
Elizabeth Beccera, Mayor Archie M. Ortega, President
Dated: Dated:
ATTEST
By:
Jennifer Thompson, City Clerk
Dated:
APPROVED AS TO STANDARD FORM
By:
Andre de Bortnowsky, City Attorney
Dated:
THE CITY OF VICTORVILLE
By:
Sandra Bostick, Risk Manager
Dated:
City of Victorville, Project CC26-008 A. M. Ortega Construction, Inc.
Page | 17
EXHIBIT A
CONTRACTOR'S BID PROPOSAL
See Attachment
EXHIBIT A
18/City of Victorville, Project CC26-008, A. M. Ortega Construction, Inc.
EXHIBIT A
19/City of Victorville, Project CC26-008, A. M. Ortega Construction, Inc.
EXHIBIT A
20/City of Victorville, Project CC26-008, A. M. Ortega Construction, Inc.
Item Number: 3
City Council / Board of Directors
Consent Calendar
Meeting of: August 19, 2025
Submitted By:
Carmen Cun, Finance Director / City Treasurer
Subject:
Commercial Demand Schedule No. 01
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 01 in the amount of $3,582,839.90 covering Electronic Fund Transfers No. 345014 through 345143 and Warrant No. 800317 through 800450 for 06/26/2025 through 07/09/2025, per the adopted budget for Fiscal Year 2024-2025 for the period covering July 1, 2024 through June 30, 2025 and Fiscal Year 2025-2026 for the period covering July 1, 2025 through June 30, 2026.
Fiscal Impact:
The total fiscal impact for FY24-25 in the amount of $3,321,573.00 and total fiscal impact for FY25-26 in the amount of $261,266.90 is authorized with this action. The attached report details the total funds paid to vendors.
Background:
Pursuant to the City’s Municipal Code (2.24.080) the attached demands were presented by the departments, audited by the Finance Department and subsequent warrants/wire transfers were issued. All were found to be in conformity to City policies and procedures and funds were budgeted or available to pay said demands. A list of commercial warrants and wire transfers is now being presented to Council for approval.
Prepared By:
Cecilia Alonzo, Senior Account Clerk
Attachments: A. Commercial Demand Schedule No. 01 Check Register Summary
ATTACHMENT A:
Commercial Demand Schedule No. 01 Check Register Summary
CITY OF VICTORVILLE
Report generated: 07/09/2025 16:39 Page 1 User:
Program ID:
calonzo
apchkrcn
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
345014 06/30/2025 EFT 022994 BLUE-WHITE INDUSTRIES 12,553.37 345015 07/02/2025 EFT 018995 AIR EXCHANGE, INC. 3,581.43 345016 07/02/2025 EFT 002921 AMERICAN LANDSCAPE AND MA 85,699.37 345017 07/02/2025 EFT 018562 BEST POWER EQUIPMENT, LLC 2,567.28 345018 07/02/2025 EFT 022995 AP TRITON, LLC 26,799.20
345019 07/02/2025 EFT 019580 ASTRUM UTILITY SERVICES 17,000.00 345020 07/02/2025 EFT 000205 ATLAS COPCO USA HOLDINGS 3,438.70 345021 07/02/2025 EFT 007650 BAKER & TAYLOR, INC. 123.70 345022 07/02/2025 EFT 021548 BASE HILL, INC. 4,825.00
345023 07/02/2025 EFT 000297 BECK OIL, INC. 46,584.94
345024 07/02/2025 EFT 010986 BRAUN BLAISING SMITH WYNN 3,112.60 345025 07/02/2025 EFT 016335 CHARTER COMMUNICATION HOL 3,076.08 345026 07/02/2025 EFT 015486 CONSOLIDATED ELECTRICAL D 550.55 345027 07/02/2025 EFT 000677 CRAFCO, INC. 102.67
345028 07/02/2025 EFT 023070 C. WELLS PIPELINE MATERIA 35,670.01 345029 07/02/2025 EFT 023281 STEADY MOVEMENT LLC 2,990.06 345030 07/02/2025 EFT 022345 DIAMOND ENVIRONMENTAL SER 8,474.69 345031 07/02/2025 EFT 005295 DOKKEN ENGINEERING 2,258.63 345032 07/02/2025 EFT 019731 EL DORADO BROADCASTERS LL 1,650.00 345033 07/02/2025 EFT 000875 ENDURA STEEL, INC. 274.71
345034 07/02/2025 EFT 018870 ENNIS-FLINT, INC. 20,336.25 345035 07/02/2025 EFT 015760 FASTENAL COMPANY 223.96
345036 07/02/2025 EFT 017560 FERGUSON ENTERPRISES, LLC 177.92 345037 07/02/2025 EFT 016134 FRONTIER COMMUNICATIONS C 214.88 345038 07/02/2025 EFT 022788 GANNETT MEDIA CORP 1,068.79 345039 07/02/2025 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 23.81 345040 07/02/2025 EFT 001076 GRAINGER 1,507.26
345041 07/02/2025 EFT 007552 PELAYO, ANTHONY 10,558.00
345042 07/02/2025 EFT 001104 HAAKER EQUIPMENT CO. 1,351.36 345043 07/02/2025 EFT 017752 HATTRIX INC. 675.29
345044 07/02/2025 EFT 018574 HITACHI ENERGY USA, INC. 531,328.58 345045 07/02/2025 EFT 021594 HERITAGE LANDSCAPE SUPPLY 9,650.67 345046 07/02/2025 EFT 023134 JTB SUPPLY COMPANY, INC. 3,727.95 345047 07/02/2025 EFT 000226 LARRY WALKER ASSOCIATES, 36,468.35 345048 07/02/2025 EFT 022420 LORBEL, INC. 4,663.28
345049 07/02/2025 EFT 023222 MARIPOSA LANDSCAPES, INC. 9,550.00 345050 07/02/2025 EFT 001599 MOJAVE DESERT AQMD 4,082.94 345051 07/02/2025 EFT 016352 MONTGOMERY, ROGER 210.00
345052 07/02/2025 EFT 014011 MYERS AND SONS HI-WAY SAF 3,254.31 345053 07/02/2025 EFT 008568 NBS GOVERNMENT FINANCE GR 1,045.00 345054 07/02/2025 EFT 001886 PRUDENTIAL OVERALL SUPPLY 307.42 345055 07/02/2025 EFT 017946 RAILWORKS PARTNER LP 1,831.00 345057 07/02/2025 EFT 024930 REFRIGERATION SUPPLIES DI 365.24 345058 07/02/2025 EFT 018666 RETROTEL, INC. 2,854.69
345059 07/02/2025 EFT 003857 ROADLINE PRODUCTS INC. 1,402.20 345060 07/02/2025 EFT 001988 RSG, INC. 9,356.25
345061 07/02/2025 EFT 002017 SAFEWAY SIGN CO. 314.07
345062 07/02/2025 EFT 020842 ALL PURPOSE FIRE EXT. COR 694.96 345063 07/02/2025 EFT 023757 SMART & FINAL HOLDINGS, I 191.29 345064 07/02/2025 EFT 017269 TOWN & COUNTRY TIRE INC 1,233.57 345065 07/02/2025 EFT 028349 TYLER TECHNOLOGIES, INC. 4,330.03 345066 07/02/2025 EFT 002419 UNDERGROUND SERVICE ALERT 845.51 CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
CITY OF VICTORVILLE
Report generated: 07/09/2025 16:39 Page 2 User:
Program ID:
calonzo
apchkrcn
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
345067 07/02/2025 EFT 029118 UNITED ROTARY BRUSH CORPO 3,879.12 345068 07/02/2025 EFT 014536 UNITED SITE SERVICES OF C 1,624.46 345069 07/02/2025 EFT 008430 CALMAT COMPANY 1,327.87
345070 07/02/2025 EFT 002862 V.V. TOW, INC. 191.00
345071 07/02/2025 EFT 023829 U.S. ELECTRICAL SERVICES, 319.94 345072 07/02/2025 EFT 006861 WATER SYSTEMS CONSULTING, 12,779.75 345073 07/02/2025 EFT 002554 WAXIE'S ENTERPRISES, LLC, 6,394.92 345074 07/02/2025 EFT 018301 WESTERN WATER WORKS SUPPL 30,178.13 345075 07/02/2025 EFT 010274 HD SUPPLY CONSTRUCTION SU 1,189.73 345076 07/02/2025 EFT 018845 Z GLOBAL INC. 57,173.54
345077 07/02/2025 EFT 016134 FRONTIER COMMUNICATIONS C 1,977.05 345078 07/02/2025 EFT 022247 SYMBA CENTER 218,000.00
345079 07/09/2025 EFT 008243 4IMPRINT, INC 9,728.75
345080 07/09/2025 EFT 021759 ADVANTAGE SEALING SYSTEM, 930.90 345081 07/09/2025 EFT 019621 AGA ENGINEERS, INC. 11,520.00 345082 07/09/2025 EFT 006716 AIRGAS USA, LLC 58.78
345083 07/09/2025 EFT 021410 ALERT-ALL CORPORATION 1,750.88 345084 07/09/2025 EFT 000104 DANTIN ENTERPRISES, INC. 1,350.00 345085 07/09/2025 EFT 023793 CALIFORNIA WIND MEMBER, L 133,783.38 345086 07/09/2025 EFT 000165 ANIMAL EMERGENCY CLINIC 332.00 345087 07/09/2025 EFT 014614 AUTOMATED GATE SERVICES, 394.00 345088 07/09/2025 EFT 000297 BECK OIL, INC. 11,208.53
345089 07/09/2025 EFT 015877 BOOT BARN, INC. 2,867.66
345090 07/09/2025 EFT 002720 CALIFORNIA TOOL & WELDING 1,342.50 345091 07/09/2025 EFT 014820 CAL-STATE AUTO PARTS 4,875.57 345092 07/09/2025 EFT 015486 CONSOLIDATED ELECTRICAL D 619.88 345093 07/09/2025 EFT 023070 C. WELLS PIPELINE MATERIA 2,849.25 345094 07/09/2025 EFT 023677 ECOTEL LLC 3,213.00
345095 07/09/2025 EFT 023281 STEADY MOVEMENT LLC 2,659.82 345096 07/09/2025 EFT 012505 DESERT ENVIRONMENTAL SERV 4,775.00 345097 07/09/2025 EFT 023177 ESTRADA, MIGUEL A. 19,800.00 345098 07/09/2025 EFT 017560 FERGUSON ENTERPRISES, LLC 8.13 345099 07/09/2025 EFT 016767 KALMIKOV ENTERPRISES, INC 849.01 345100 07/09/2025 EFT 000975 FRANKLIN TRUCK PARTS, INC 124.28 345101 07/09/2025 EFT 018275 FRANZ BOLOWICH D.O., INC. 1,625.00 345102 07/09/2025 EFT 001002 CITORI, INC. 95.00
345103 07/09/2025 EFT 022788 GANNETT MEDIA CORP 919.42
345104 07/09/2025 EFT 001063 GOODYEAR TIRE & RUBBER CO 4,650.30 345105 07/09/2025 EFT 001076 GRAINGER 197.01
345106 07/09/2025 EFT 003047 GRAVES & KING LLP 1,751.35 345107 07/09/2025 EFT 006269 GREEN, DE BORTNOWSKY, LLP 111,685.64 345108 07/09/2025 EFT 023053 SPARKS, STEPHANIE VICTORI 256.00 345109 07/09/2025 EFT 020948 HARPER, JAMES JR 337.50
345110 07/09/2025 EFT 017752 HATTRIX INC. 849.31
345111 07/09/2025 EFT 017752 HATTRIX INC. 724.06
345112 07/09/2025 EFT 013759 HINDMAN, RICHARD 280.00
345113 07/09/2025 EFT 024922 INFOSEND, INC 126.21
345114 07/09/2025 EFT 021689 THINKNETIC MEDICAL CORPOR 1,275.00 345115 07/09/2025 EFT 004986 LESLIE'S SWIMMING POOL SU 339.80 345116 07/09/2025 EFT 022659 LIGHTNING STEP TECHNOLOGI 4,200.00 345117 07/09/2025 EFT 015804 MISSION AMBULANCE, INC. 115,614.00 345118 07/09/2025 EFT 001599 MOJAVE DESERT AQMD 426.06
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
CITY OF VICTORVILLE
Report generated: 07/09/2025 16:39 Page 3 User:
Program ID:
calonzo
apchkrcn
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
345119 07/09/2025 EFT 014011 MYERS AND SONS HI-WAY SAF 7,580.12 345120 07/09/2025 EFT 008568 NBS GOVERNMENT FINANCE GR 2,607.50 345121 07/09/2025 EFT 028462 NINYO & MOORE GEOTECHNICA 14,360.97 345122 07/09/2025 EFT 010100 OPEN GOV, INC. 721.37
345124 07/09/2025 EFT 013165 PETE'S ROAD SERVICE 6,956.74 345125 07/09/2025 EFT 001886 PRUDENTIAL OVERALL SUPPLY 391.00 345126 07/09/2025 EFT 018886 RDO EQUIPMENT CO. 103.71
345127 07/09/2025 EFT 024930 REFRIGERATION SUPPLIES DI 73.61 345128 07/09/2025 EFT 023351 RENEWELL FLEET SERVICE LL 5,177.81 345129 07/09/2025 EFT 002605 AMERICAN SOCCER COMPANY, 40.98 345130 07/09/2025 EFT 018883 MOMAR, INC. 896.90
345131 07/09/2025 EFT 023553 HARMALA, ROBERT 6,549.90
345132 07/09/2025 EFT 019341 MARTIN, ARMANDO JR. 4,000.00 345133 07/09/2025 EFT 017269 TOWN & COUNTRY TIRE INC 3,642.12 345134 07/09/2025 EFT 021895 HD SUPPLY, INC. 627.11
345135 07/09/2025 EFT 015004 U.S. DEPARTMENT OF ENERGY 9,925.67 345136 07/09/2025 EFT 008430 CALMAT COMPANY 315.99
345137 07/09/2025 EFT 002554 WAXIE'S ENTERPRISES, LLC, 1,031.36 345138 07/09/2025 EFT 010274 HD SUPPLY CONSTRUCTION SU 395.15 345139 07/09/2025 EFT 022033 WOODARD & CURRAN, INC. 130,621.75 345140 07/09/2025 EFT 000165 ANIMAL EMERGENCY CLINIC 102.00 345141 07/09/2025 EFT 016335 CHARTER COMMUNICATION HOL 17,816.18 345142 07/09/2025 EFT 016134 FRONTIER COMMUNICATIONS C 7,753.77 345143 07/09/2025 EFT 010553 SPOK, INC. 13.35
800317 06/30/2025 PRINTED 023903 BLUE TRITON BRANDS INC 1,656.23 800318 06/30/2025 PRINTED 021108 NEARMAP US, INC. 36,657.50 800319 07/02/2025 PRINTED 016218 2 HOT UNIFORMS INC 5,146.85 800320 07/02/2025 PRINTED 013312 A & B HITCHES AND MUFFLER 237.05 800321 07/02/2025 PRINTED 022097 AMAZON CAPITAL SERVICES, 480.30 800322 07/02/2025 PRINTED 020042 ANGEL ROCK AND SAND 518.74 800323 07/02/2025 PRINTED 003042 APPLE VALLEY COMMUNICATIO 3,600.00 800324 07/02/2025 PRINTED 017968 AVCOM SERVICES, INC. 1,875.00 800325 07/02/2025 PRINTED 999974 BEST OF USA MARKETING 3,000.00 800326 07/02/2025 PRINTED 000290 BATTERY MART OF APPLE VAL 54.01 800327 07/02/2025 PRINTED 021170 BIG AZ INFLATABLES INC. 2,030.00 800328 07/02/2025 PRINTED 000380 BURRTEC WASTE INDUSTRIES 1,960.10 800329 07/02/2025 PRINTED 000618 CDW GOVERNMENT, INC. 57.18 800330 07/02/2025 PRINTED 000155 CENTURY LINK 464.58
800331 07/02/2025 PRINTED 014359 CIVILTEC ENGINEERING, INC 11,180.00 800332 07/02/2025 PRINTED 014721 CORE & MAIN LP 1,517.73 800333 07/02/2025 PRINTED 023992 DH TECHNOLOGY 31,129.69 800334 07/02/2025 PRINTED 018020 DIXON PEST CONTROL, INC. 220.00 800335 07/02/2025 PRINTED 009026 EBMEYER CHARTER & TOUR 5,310.00 800336 07/02/2025 PRINTED 014122 EUROFINS EATON ANALYTICAL 443.32 800337 07/02/2025 PRINTED 021794 FAGRON COMPOUNDING SERVIC 334.50 800338 07/02/2025 PRINTED 000917 FEDERAL EXPRESS CORP. 198.00 800339 07/02/2025 PRINTED 011295 FIREMAN ROCK & NURSERY IN 913.50 800340 07/02/2025 PRINTED 024012 GARGAN, JONATHAN 865.98 800341 07/02/2025 PRINTED 021367 GIBSON, DANIEL 299.00
800342 07/02/2025 PRINTED 017053 HIGH DESERT LOCK & SAFE, 227.29 800343 07/02/2025 PRINTED 001155 HESPERIA HOSE SUPPLY 555.47 800344 07/02/2025 PRINTED 004021 HIGH DESERT LASER GRAPHIC 101.14 CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
CITY OF VICTORVILLE
Report generated: 07/09/2025 16:39 Page 4 User:
Program ID:
calonzo
apchkrcn
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
800345 07/02/2025 PRINTED 001229 HOWARDS MUFFLER SERVICE, 338.13 800346 07/02/2025 PRINTED 022573 HYDROTEK INDUSTRIES 350.00 800347 07/02/2025 PRINTED 024023 ISAUSA, INC. 50,400.07 800348 07/02/2025 PRINTED 020667 CONDON, JOSEPH 360.00
800349 07/02/2025 PRINTED 023574 KEYVANIAN, ASDGHIK 149.77 800350 07/02/2025 PRINTED 001401 KNORR SYSTEMS, INC. 408.84 800351 07/02/2025 PRINTED 022774 LIEBERT CASSIDY WHITMORE 2,100.00 800352 07/02/2025 PRINTED 015232 LOGICALIS, INC 136,662.34 800353 07/02/2025 PRINTED 001424 LOS ANGELES DEPT. OF WATE 52.08 800354 07/02/2025 PRINTED 022008 LPA, INC. 66,318.50
800355 07/02/2025 PRINTED 004292 LU'S LIGHTHOUSE 264.65 800356 07/02/2025 PRINTED 000361 MARK BROWN & ASSOCIATES, 1,237.50 800357 07/02/2025 PRINTED 021161 CAR WASH PARTNERS, LLC. 432.00 800358 07/02/2025 PRINTED 022212 MWI VETERINARY SUPPLY CO. 3,060.66 800359 07/02/2025 PRINTED 001648 NAPA AUTO PARTS 2,754.76 800360 07/02/2025 PRINTED 022947 NEWCO DISTRIBUTORS 2,003.48 800361 07/02/2025 PRINTED 010657 PACIFIC PRODUCTS & SERVIC 13,812.84 800362 07/02/2025 PRINTED 021906 PLAYAWAY PRODUCTS LLC 1,114.63 800363 07/02/2025 PRINTED 017739 ONFOOT ENTERPRISES INC. 1,508.85 800364 07/02/2025 PRINTED 022183 HINRICHS, DARREN 244.63 800365 07/02/2025 PRINTED 021481 VELASCO,JOSEPH 4,069.85 800366 07/02/2025 PRINTED 014355 QUINN COMPANY 6,916.54 800367 07/02/2025 PRINTED 001910 R & R PRODUCTS, INC. 829.16 800368 07/02/2025 PRINTED 014879 4S AND ASSOCIATES 1,500.00 800369 07/02/2025 PRINTED 017036 RIVERS & LANDS CONSERVANC 370.60 800370 07/02/2025 PRINTED 003150 ROBERTSON'S 1,033.85
800371 07/02/2025 PRINTED 002037 SAN BERNARDINO COUNTY 50.00 800372 07/02/2025 PRINTED 002037 SAN BERNARDINO COUNTY 800.00 800373 07/02/2025 PRINTED 019447 R&R B INC. 1,089.92
800374 07/02/2025 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 79,412.09 800375 07/02/2025 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 708.80 800376 07/02/2025 PRINTED 011303 SPORTSENGINE, INC. 41.00 800377 07/02/2025 PRINTED 024609 STAPLES BUSINESS ADVANTAG 1,141.20 800378 07/02/2025 PRINTED 002269 SUNLAND FORD 1,028.35
800379 07/02/2025 PRINTED 002204 SOUTHWEST GAS CORPORATION 27,157.29 800380 07/02/2025 PRINTED 015430 TRI-PACIFIC SUPPLY, INC. 507.73 800381 07/02/2025 PRINTED 006279 TURF STAR, INC. 38,244.85 800382 07/02/2025 PRINTED 023791 TYE, KYA 275.00
800383 07/02/2025 PRINTED 019542 URBAN FUTURES INC. 2,450.00 800384 07/02/2025 PRINTED 022706 RED BARN MEDIA, INC. 1,543.11 800385 07/02/2025 PRINTED 023108 VCA MESA ANIMAL HOSPITAL 753.43 800386 07/02/2025 PRINTED 017862 SOARES AUTOMOTIVE INC. 155.86 800387 07/02/2025 PRINTED 020762 OREMOR OF VICTORVILLE, LL 339.39 800388 07/02/2025 PRINTED 029510 WEST END MATERIAL SUPPLY 297.00 800389 07/02/2025 PRINTED 023709 RANGER ROOFING AND SOLAR 7,205.00 800390 07/02/2025 PRINTED 008527 ZOLL MEDICAL CORPORATION 32,567.40 800391 07/02/2025 PRINTED 002037 SAN BERNARDINO COUNTY 924.00 800392 07/02/2025 PRINTED 002037 SAN BERNARDINO COUNTY 924.00 800393 07/02/2025 PRINTED 024055 TANIOUS, RAFAAT R. 76.21 800394 07/09/2025 PRINTED 015507 UNIVERSAL PROTECTION SERV 31,923.50 800395 07/09/2025 PRINTED 014878 ALLTECH INDUSTRIES, INC 8,685.18 800396 07/09/2025 PRINTED 000191 APPLIED INDUSTRIAL TECH 40.26 CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
CITY OF VICTORVILLE
Report generated: 07/09/2025 16:39 Page 5 User:
Program ID:
calonzo
apchkrcn
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
800397 07/09/2025 PRINTED 017968 AVCOM SERVICES, INC. 1,178.00 800398 07/09/2025 PRINTED 000290 BATTERY MART OF APPLE VAL 1,336.43 800399 07/09/2025 PRINTED 017353 BOUND TREE MEDICAL, LLC 1,229.74 800400 07/09/2025 PRINTED 000380 BURRTEC WASTE INDUSTRIES 1,992.05 800401 07/09/2025 PRINTED 000618 CDW GOVERNMENT, INC. 670.00 800402 07/09/2025 PRINTED 023915 ELECTRO-MECH SCOREBOARD 127,180.00 800403 07/09/2025 PRINTED 022422 ERNIE'S AUTO SERVICE CORP 362.54 800404 07/09/2025 PRINTED 004142 FULL SPECTRUM EDUCTAIONAL 625.00 800405 07/09/2025 PRINTED 013762 HESPERIA ANIMAL HOSPITAL 160.00 800406 07/09/2025 PRINTED 004021 HIGH DESERT LASER GRAPHIC 136.21 800407 07/09/2025 PRINTED 020328 HUEOSITY, LLC 960.28
800408 07/09/2025 PRINTED 023338 HUMANE SOCIETY OF SAN BER 426.00 800409 07/09/2025 PRINTED 022140 IRIS LTD., INC. 1,905.50 800410 07/09/2025 PRINTED 022048 CJAM LLC 85.00
800411 07/09/2025 PRINTED 021978 LAW OFFICE OF PETER KIEL 675.00 800412 07/09/2025 PRINTED 001416 LAWSON PRODUCTS, INC. 671.35 800413 07/09/2025 PRINTED 015232 LOGICALIS, INC 112.50
800414 07/09/2025 PRINTED 023678 MGT IMPACT SOLUTIONS, LLC 6,219.20 800415 07/09/2025 PRINTED 024052 LEE MAXTON, INC. 5,090.28 800416 07/09/2025 PRINTED 021161 CAR WASH PARTNERS, LLC. 875.00 800417 07/09/2025 PRINTED 001592 MOBILE OCCUPATIONAL SERVI 495.00 800418 07/09/2025 PRINTED 023015 MONET CONSTRUCTION, INC. 597,923.89 800419 07/09/2025 PRINTED 022212 MWI VETERINARY SUPPLY CO. 540.98 800420 07/09/2025 PRINTED 001648 NAPA AUTO PARTS 761.31 800421 07/09/2025 PRINTED 010657 PACIFIC PRODUCTS & SERVIC 2,990.63 800422 07/09/2025 PRINTED 005599 PORTER, TOM 214.90
800423 07/09/2025 PRINTED 023551 PRECISION GARAGE DOOR & G 9,217.00 800424 07/09/2025 PRINTED 024015 PREVAIL FARMS 750.38
800425 07/09/2025 PRINTED 022183 HINRICHS, DARREN 1,369.90 800426 07/09/2025 PRINTED 021481 VELASCO,JOSEPH 3,556.30 800427 07/09/2025 PRINTED 001910 R & R PRODUCTS, INC. 1,751.76 800428 07/09/2025 PRINTED 011466 RANGE VEHICLE CENTER INC. 109.03 800429 07/09/2025 PRINTED 014879 4S AND ASSOCIATES 2,200.00 800430 07/09/2025 PRINTED 003150 ROBERTSON'S 1,385.68
800431 07/09/2025 PRINTED 999991 SZ AIRVENTURE 1,905.75 800432 07/09/2025 PRINTED 002037 SAN BERNARDINO COUNTY 740.00 800433 07/09/2025 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 165,997.08 800434 07/09/2025 PRINTED 002269 SUNLAND FORD 406.87
800435 07/09/2025 PRINTED 002204 SOUTHWEST GAS CORPORATION 30,162.24 800436 07/09/2025 PRINTED 014914 ULINE SHIPPING SUPPLY SPE 1,495.68 800437 07/09/2025 PRINTED 011776 US AIR CONDITIONING DISTR 259.10 800438 07/09/2025 PRINTED 005896 VICTOR VALLEY HAND CAR WA 241.10 800439 07/09/2025 PRINTED 002879 VICTOR VALLEY TRANSIT AUT 27.50 800440 07/09/2025 PRINTED 017735 PATTERSON, PATRICK 2,788.57 800441 07/09/2025 PRINTED 007859 28TH DISTRICT AGRICULTURA 4,520.00 800442 07/09/2025 PRINTED 017968 AVCOM SERVICES, INC. 425.00 800443 07/09/2025 PRINTED 023901 WHERRY, HAROLD 4,000.00 800444 07/09/2025 PRINTED 017353 BOUND TREE MEDICAL, LLC 17.26 800445 07/09/2025 PRINTED 015801 BOLICH, BRETT 600.00
800446 07/09/2025 PRINTED 023902 HEWITT, DAVID M 3,500.00 800447 07/09/2025 PRINTED 022352 GRIFFITHS, MARK 415.00 800448 07/09/2025 PRINTED 002037 SAN BERNARDINO COUNTY 29.00 CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
CITY OF VICTORVILLE
Report generated: 07/09/2025 16:39 Page 6 User:
Program ID:
calonzo
apchkrcn
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
800449 07/09/2025 PRINTED 002037 SAN BERNARDINO COUNTY 29.00 800450 07/09/2025 PRINTED 024609 STAPLES BUSINESS ADVANTAG 145.08 262 CHECKS CASH ACCOUNT TOTAL 3,582,839.90 .00
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE Item Number: 4
City Council / Board of Directors
Consent Calendar
Meeting of: August 19, 2025
Submitted By:
James Murawski, Airport Director
Subject:
Notice of Completion for General Electric Driveway, Project #CC25-066 Recommendation:
That the Southern California Logistics Airport Authority Board of Directors:
(1) Approve the Notice of Completion for General Electric Driveway, Project #CC25- 066; and
(2) Authorize the Executive Director to execute the Notice of Completion Fiscal Impact:
This action will result in a fiscal impact of $16,948.85. A retention of five prevent was withheld from each pay estimate during construction in accordance with the Construction Agreement. Upon Board approval of the Notice of Completion (“NOC”), the retention of $16,948.85 will be released thirty-five days after the NOC is recorded. Retention funds are available as follows:
Funding Source Current Budget
452-20110-95147 GE Driveway Retention $16,948.85
Strategic Plan Goal:
Goal E. Invest in Infrastructure: Project #CC25-066 invested in infrastructure by providing an official access road to the General Electric hangar, thereby fulfilling a commitment made in a bygone era and potentially removing a barrier to future development of adjacent parcels.
Background:
In the early 2000’s, General Electric (“GE”) constructed a hangar on the southern portion of the Airport. At the time of the hangar construction, uncertainty regarding additional development in the vicinity of the hangar postponed the construction of a proper access 4 2
5 4
road to the facility. The construction of a proper access road to the GE hangar was long overdue.
Airport staff, with input from GE representatives, worked with the City Engineering team to design a driveway on the south side of the GE hangar that would connect to Innovation Way. On March 18, 2025, the Southern California Logistics Airport Authority (“SCLAA”) approved the award of a Construction Agreement with SOL Construction, Inc., to complete the General Electric Driveway Construction, Project #CC25-066, in the amount not to exceed $339,982.
Discussion:
The construction of the GE driveway commenced on May 27, 2025. The project necessitated the excavation of approximately 1,450 cubic yards of soil to allow for the installation of the pavement subgrade and storm drains. The finished driveway surface was expertly installed in a manner to allow for a consistent gradient from Innovation Drive to the GE parking lot. The project involved the installation of approximately 84 linear feet of 2-foot diameter storm drains, approximately 386 linear feet of sidewalk with adjoining curb and gutter, and approximately 13,900 square feet of asphalt. Three utility pull boxes and corresponding conduit were installed to allow for future utility upgrades. Handicap ramps and crosswalk lines were painted according to applicable codes.
On July 02, 2025, staff inspected the driveway and determined that the project was completed. Furthermore, the project was completed below budget for a total of $338,977.
Therefore, staff requests and recommends that the SCLAA Board of Directors approve the issuance of the Notice of Completion for the GE Driveway Project #CC25-066 and authorize its execution by the Executive Director. Upon execution, the NOC will be filed with the San Bernardino County Recorder’s office to offer an opportunity for sub- contractors to make a claim for any work performed that remains unpaid. Thirty-five days after the NOC filing, should no claims be made, the SCLAA will release the retention currently held and owed to SOL Construction, Inc., in the amount of $16,948.85.
Staff Remains available for any questions or comments you may have.
Prepared By:
Samuel Evans, Airport Business Analyst
Sisco Elekana, Airport Project Technician
Jose Gutierrez, Airport Business Technician
Attachments: A. Site Map
B. Notice of Completion
C. Construction Photos
ATTACHMENT B
NOTICE OF COMPLETION
RECORDING REQUESTED BY:
SISCO ELEKANA FOR CITY OF VICTORVILLE
AND WHEN RECORDED MAIL TO:
NAME CITY OF VICTORVILLE
STREET ATTN: CITY CLERK
ADDRESS P.O. BOX 5001
CITY, STATE & VICTORVILLE CA 92392-5001
ZIP CODE
Recording of this document is fee-exempt under Government Code Section SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY 6103. No Documentary Transfer Tax is due on the document pursuant to Revenue Taxation code Section 11922.
APN# 0459-194-07 NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
The undersigned is OWNER or AGENT OF THE OWNER of the interest or estate stated below in the property hereinafter described.
The full NAME of the OWNER is SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY The ADDRESS of the OWNER is 18374 PHANTOM WEST, VICTORVILLE, CA 92394 The NATURE OF THE INTEREST or estate of the undersigned is FEE (e.g. fee, leasehold, joint tenancy, vendee under a contract of purchase, etc.) The full name(s) and address(es) of all persons, if any, who hold such interest or estate with the undersigned as joint tenants or as tenants in common are:
Name Address
NONE NONE
The full name(s) and address(es) of the successor(s) in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to:
Name Address
NONE NONE
A work of improvement on the property hereinafter described was COMPLETED on JUNE 30, 2025 The work of improvement completed is described as GENERAL ELECTRIC DRIVEWAY CONSTRUCTION PROJECT CC25-066
The name of the original contractor, if any, for such work of improvement was:
SOL CONSTRUCTION, INC.
The property on which said work of improvement was completed is in the City of VICTORVILLE County of SAN BERNARDINO, State of California, and is DESCRIBED AS FOLLOWS:
GENERAL ELECTRIC DRIVEWAY CONSTRUCTION, PROJECT CC25-066 APN #0459-194-07
The street address of said property is 18000 PHANTOM WEST, VICTORVILLE, CA 92394 (if applicable)
Dated:
Keith C. Metzler, Executive Director, Southern California Logistics Airport Authority I, KEITH METZLER am the EXECUTIVE DIRECTOR
(Name of below signor) (Owner, President, Authorized Agent, Partner, etc.) the declarant of the foregoing Notice of Completion. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
(Date and Place) Keith C. Metzler, Executive Director, Southern California Logistics Airport Authority
ATTACHMENT C
CONSTRUCTION PHOTOS
GE DRIVEWAY CONSTRUCTION PHOTOS
Item Number: 5
City Council / Board of Directors
Consent Calendar
Meeting of: August 19, 2025
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Second Reading of Ordinance No. 2457
Recommendation:
That the City Council adopt, by second reading, Ordinance No. 2457, approving amendment Case No. PLAN25-00002, an amendment to the Victorville Municipal Code with an environmental exemption to conditionally allow for medical and dental offices citywide within the Industrial Park District (IPD) land use zone district Fiscal Impact:
There is no direct fiscal impact associated with this action; however, conditionally allowing for medical and dental offices within the IPD zone district included in this proposal will broaden land use allowances throughout the City, resulting in increased development impact fee collection for new developments as well as increased licensing and property tax revenue for the City. Revenue increases resulting from fee collection, licensing, and taxes is unknown at this time.
Strategic Plan Goal:
Approval of Ordinance No. 2457 will enable the City to further fulfill the following Goals outlined in the 2023-2026 Strategic Plan:
Goal A (Financial Sustainability) – Approval of this Ordinance will lead to expanded land use allowances within the IPD zone district, which will result in new development that requires the collection of development impact fees as part of the permitting process. Development impact fees create revenue that can then be used to offset the impact of the proposed development and the City services that it requires.
Goal C (Community and Economic Development) – The proposed Victorville Municipal Code amendment includes a modification to land use allowances that will add medical and dental offices as a conditional use within the Industrial Park 4 2
5 5
District zone and create more tax generating opportunities. These proposed changes will assist the City in attracting new businesses to the community and support the economic vitality and preservation of the community as outlined in the Strategic Plan.
Discussion:
At the Regular City Council meeting held on July 15, 2025, the City Council voted to introduce Ordinance No. 2457, approving amendment Case No. PLAN25-00002, an amendment to the Victorville Municipal Code with an environmental exemption to conditionally allow for medical and dental offices citywide within the Industrial Park District (IPD) land use zone district.
This ordinance is being presented for adoption and once adopted, will become effective August 14, 2025.
Prepared By:
Savanna J. Petty, Assistant City Clerk
Attachments: A. Ordinance 2457
Attachment A
ORDINANCE NO. 2457
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE APPROVING AMENDMENT CASE NO. PLAN25 -00002, AN AMENDMENT TO THE
VICTORVILLE MUNICIPAL CODE WITH AN ENVIRONMENTAL EXEMPTION TO
CONDITIONALLY ALLOW FOR MEDICAL AND DENTAL OFFICES CITYWIDE
WITHIN THE INDUSTRIAL PARK DISTRICT (IPD) LAND USE ZONE DISTRICT
WHEREAS, Pursuant to Article XI, Section 7 of the California Constitution, the City of Victorville ( the “City”) is authorized to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the Government Code of the State of California, the City may adopt by ordinance regulations affecting: the use of buildings, structures and land; signage; the size of lots, yards, courts and other open spaces; lot coverage, parking, the intensity of land use; the creation of civic districts; and
WHEREAS, pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the Government Code of the State of California, the City has adopted Title 16, Chapter 2, Article 1, Section 16-2.01.010 of the Victorville Municipal Code, providing the authority to amend Title 16 of the Victorville Municipal Code and the various regulations, requirements, exceptions and guidelines located therein; and WHEREAS pursuant to Section 16- 2.01.020 of the Victorville Municipal Code, an application has been received from a property owner’s representative (Pontious Architecture) regarding an amendment to land use allowances of the Victorville Municipal Code within the City of Victorville, County of San Bernardino, State of California; and WHEREAS, pursuant to Section 16- 2.01.030 of the Victorville Municipal Code, the City of Victorville Planning D epartment prepared a Staff Report detailing the
proposed Victorville Municipal Code amendment and conformance with applicable standards and requirements; and
WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2 of the Government Code of the State of California and Section 16- 2.01.040 of the Victorville Municipal Code, the Victorville Planning Commission held a Public Hearing on June 11, 2025, to hear arguments for and against the proposed amendment to Title 16 of the Victorville Municipal Code, and after hearing all testimony offered, and after thoroughly reviewing and considering the project, the Victorville Planning Commission voted 5 – 0 adopting Resolution No. P-25-015, which recommended to the City Council the adoption of the Code Amendment specified in Planning Case No. PLAN25- 00002 as well as the associated Conditional Use Permit Resolution P -25-016 and Site Plan Resolution P -25- 017; and
WHEREAS, the City Council finds it appropriate to periodically reevaluate land use allowances of Title 16 of the Victorville Municipal Code to consider changes in development trends and community demands as needed to protect the public’s health, safety and welfare; and
WHEREAS, the City Council finds that the purpose of the Municipal Code Amendment is to modify Section 16- 3.07.010 to conditionally allow for medical/dental offices within the IPD (Industrial Park Zone) district which will result in more business opportunities within the IPD zone that are consistent with existing approved uses and existing developments; and
WHEREAS, the City Council finds that the proposed Municipal Code Amendment is consistent with the goals, policies, and objectives of the General Plan and all other elements as the introduction of medical and dental offices within the IPD
(Industrial Park District) zone will compliment adjacent industrial uses and serve the needs of their employees; and
WHEREAS, the City Council finds on their own independent judgment that this project is exempt from the California Environmental Quality Act (CEQA) based upon CEQA Guidelines Section 15061(b)(3), as there is no possibility that the proposed amendment will have a significant effect on the environment inasmuch as the proposed amendment will modify current land use allowances within a specific land use zone that will not: directly impact the environment; modify existing codes in a manner that is inconsistent with the City’s Housing Element or Land Use Element; or allow development without its own specific environmental review process in accordance with the California Environmental Quality Act; and
WHEREAS, and after hearing all verbal and written testimony offered, including the Planning Commission’s recommendation and minutes, and after thoroughly reviewing and considering the proposal, the City Council approves the recommendation of the Planning Commission to amend the Victorville Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS:
Section 1. Recitals
The recitals set forth above are true and correct and are hereby incorporated by this reference as if set forth in their entirety.
Section 2. Severability
The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining
provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.
Section 3. Effective Date
This Ordinance shall take effect thirty (30) days after its final passage.
Section 4. Repeal of Conflicting Provision
All the provisions of the Victorville Municipal Code as heretofore adopted by the City Council that are in conflict with the provisions of this Ordinance are hereby repealed.
Section 5. Certification
The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published according to law.
Section 6. Amendment to the Victorville Municipal Code
That Code Amendment case PLAN25- 00002, an amendment to the Victorville Municipal Code is hereby amended and approved as follows:
Legend
Existing Text
Deleted Text
Revised Text
New Text
{Editing Notes}
Chapter 3: Zoning and Land Use Requirements
Article 7: Land Use and Special Requirements
Sec. 16-3.07.010: Permitted and conditional land uses—All zoning districts
Table 7-1 Permitted, Conditional, Accessory and Temporary Land Uses - All Zoning Districts
T
Y
P
E
USE ZONE
AE SR R1 R2 R3 R4 MDR RMPD C1 C2/C4 CA CM IPD M1 M2 PC HWO
INSTITUTIONAL
8) MEDICAL
Ambulance service - - - - - - - - C C C P C C C - C Animal
hospital/veterinarian
C - - - - - - - C C - P - P P C C
Convalescent - - - C C C C - C - - - - - - - P Hospital (* On
minimum 20 acre
building site)
- - - - - - - - - C* P - - - - - P
Medical/dental
office
- - - - - - - - P P P C C - - - P
Medical or dental
laboratory
- - - - - - - - - - C P P P P - P
Pharmacy - - - - - - - - P P P - - - - - P 9) NON-PROFIT SERVICE
Social Services
(See Civic Center
Community
Sustainability Plan)
- - - - - - - - - - - - - - - - -
10) PUBLIC
Community
recreation center or
clubhouse
C C C C C C C C C - - - - - - C C
Library - - - - - - - - - - P - - - - P C Museum - - - - - - - - - - P - - - - P C Park C C C C C C C C - - - - - - - C C Public safety facility C C C C C C C C C C C C C C C C C Government use
including social
services
- - - - - - - - C - C - - - - P C
{Editing Note: Excerpt of Table 7-1 only, all other portions of Section 16-3.07.010 and Table 7-1 to remain as currently written} 4 2
5 6
Item Number: 6
City Council / Board of Directors
Consent Calendar
Meeting of: August 19, 2025
Submitted By:
Mazharul Islam, Technology Officer
Subject:
Notice of Completion for the New Animal Shelter Facility – IT Data Cabling, Project ESC25-071
Recommendation:
That the Honorable City Council:
(1) Approve the Notice of Completion for the New Animal Shelter Facility – IT Data Cabling, Project ESC25-071; and
(2) Authorize the City Manager to execute the Notice of Completion.
Fiscal Impact:
There is no fiscal impact associated with this item. Retention in the amount of five percent was withheld from each payment application during construction as per the construction agreement. The retention of $5,660.52 will be released after City Council approval and the recording of the Notice of Completion. The retention account number, account description and amount withheld are shown in the table below.
Budget Account Number Fund Retention Withheld
105-20110-45034 MEASURE P $5,660.52
Strategic Plan Goal:
Goal B Public Safety: The completion of Project ESC25-071 enabled the City of Victorville to complete the Data Cabling Project at the Animal Shelter Facility, as identified in Strategies 2 and 3 of Goal B, by re-envisioning animal care and control by expanding outreach and service levels and evaluating current animal shelter conditions to identify appropriate solutions for long term needs within the City’s 2023-2026 Strategic Plan.
Background:
4 2
5 6
On June 18, 2024, the City Council approved the Animal Shelter Cabling Project through the annual agreement process in the amount of $225,000.00. This project to Apple Valley Communications, Inc. resulted in a fiscal impact in the amount of $113,210.21, IT Data Cabling Project ESC25-071. No change orders were requested during this project.
Discussion:
As part of the construction of the new Animal Shelter Facility, the City contracted with Apple Valley Communications, Inc. to install the necessary technological infrastructure to support the building’s operations. This included installing network cabling, equipment cabinets, and Uninterruptible Power Systems (UPS) to ensure reliable internet, phone, and wireless connectivity throughout the facility.
Specifically, the contractor provided and installed:
• Wiring for internet and phone connections throughout the building • Main fiber-optic lines to connect different parts of the facility to the central network
• Secure cabinets to hold essential network equipment
• UPS to keep critical technology running during power outages These systems were designed to match the technology used in other City facilities, making it easier to manage and maintain everything consistently. The successful installation of this equipment was essential to creating a safe, modern, and connected environment for staff, animals, and visitors.
The project began shortly after the Notice to Proceed was issued on January 7, 2025.
While the work progressed steadily, delays in equipment delivery and building adjustments extended the timeline before final completion.
Although the Animal Care and Adoption Center is physically located at 16648 E Street, the official project address listed on the Notice of Completion will be 15733 1st Street.
This is the address recognized by the County Assessor’s Office and ensures consistency with official property records.
Staff recommends that the City Council approve the Notice of Completion for the Animal Shelter Facility – IT Data Cabling Project and authorize the City Manager to execute the Notice of Completion. Once executed, the Notice of Completion will be filed with the San Bernardino County Recorder’s Office.
Staff is available to answer any questions or provide further details as needed.
Prepared By:
Stephanie Doornbos, Administrative Secretary
Attachments: A. Notice of Completion
B. Before & After Photos
Attachment A
RECORDING REQUESTED BY:
CITY OF VICTORVILLE
WHEN RECORDED MAIL TO:
CITY OF VICTORVILLE
ATTN: CITY CLERK
P.O. BOX 5001
VICTORVILLE, CA 92393-5001
Recording of this document is fee-exempt under Government SPACE ABOVE THIS LINE FOR RECORDER’S USE Code Section 6103. No Documentary Transfer Tax is due on the document pursuant to Revenue Taxation Code Section 11922
PUBLIC CONTRACT
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the property hereinafter described.
2. The FULL NAME of the OWNER is City of Victorville
3. The FULL ADDRESS of the OWNER is 14343 Civic Dr, Victorville, CA 92392 A work of improvement on the property hereinafter described was COMPLETED May 22, 2025
4. The work of improvement completed is described as follows: PROJECT NO. ESC25-071, IT Data Cabling
5. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement Apple Valley Communications, Inc.
6. The work site location is 15733 1st Street Victorville, CA 92395
7. Assessor’s Parcel Numbers: 047815431, 047815420
8. The property on which said work of improvement was completed is in the City of VICTORVILLE, County of SAN BERNARDINO, State of CALIFORNIA.
Verification of NON -INDIVIDUAL owner: I , Keith C. Metzler, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Manager of the aforesaid interest or estate in the property described in the above notice; that I have read said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
at Victorville, California _____________________________ Date Keith C. Metzler,
City Manager
City of Victorville
Attachment B
�
Item Number: 7
City Council / Board of Directors
Consent Calendar
Meeting of: August 19, 2025
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Minutes of the July 15, 2025, Regular City Council Meeting and July 16, 2025, Special City Council Meeting
Recommendation:
That the Honorable City Council approve the minutes of the Regular City Council Meeting held on July 15, 2025, and the Special City Council Meeting held on July 16, 2025.
Fiscal Impact:
There is no fiscal impact as a result of this action.
Prepared By:
Denise Salazar, Deputy City Clerk
Attachments: A. Minutes of the July 15, 2025, Regular City Council Meeting B. Minutes of the July 16, 2025, Special City Council Meeting Attachment A
City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
VICTORVILLE CITY COUNCIL
VICTORVILLE LIBRARY BOARD OF TRUSTEES
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
THE CITY AS HOUSING ASSETS SUCCESSOR
JOINT POWERS FINANCING AUTHORITY
VICTORVILLE WATER DISTRICT
Regular Meeting Minutes
Tuesday, July 15, 2025
6:00 p.m. Regular Session
6:00 p.m. Regular Session
Call to Order
Roll Call
Present: Council Member Gaudin, Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
Absent: None
Also Present:
City Manager Keith C. Metzler, Deputy City Manager Jenele Davidson, Deputy City Manager Scott Webb, Deputy City
Manager Tony Camargo, City Attorney Andre de
Bortnowsky, City Clerk Jennifer Thompson
Invocation: Pastor Joseph Flores from The Gate Church
Pledge of Allegiance: Police Captain Jerry Davenport
City Clerk Presents Agenda/Revisions to Agenda
Agenda presented with no revisions reported.
Conflict of Interest Declarations
There were no conflicts of interest reported.
Introduction to Public Comments
City Clerk Thompson provided an opening statement regarding public comments.
Public Comments
The following people spoke:
Iris Renfro on general items
Alfredo Miranda on general items
Darla Bees on general items
PUBLIC HEARING(S)
1. An Amendment to the Victorville Municipal Code introducing various updates to Title 16 including but not limited to Land Use Table 7-1 to conditionally permit medical and dental offices within the IPD (Industrial Park District) zone; and a Site Plan and Conditional Use Permit with an environmental exemption to allow for the development of a new medical/professional office building on a vacant parcel zoned IPD with a deviation from Victorville Municipal Code design guidelines to allow a drive aisle at the rear of the property without requiring the inclusion of a 5-foot wide landscape planter
Recommendation:
That the Honorable City Council:
(1) Open and conduct a Public Hearing to receive public testimony; (2) Close the Public Hearing;
(3) Find the Code Amendment exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA); and find the Site Plan portion of the project Categorically Exempt pursuant to CEQA Section 15332 entitled “In- Fill Development Projects”;
(4) Introduce Ordinance No. 2457 for adoption and first reading by title only to amend Title 16 of the Victorville Municipal Code to conditionally allow medi cal and dental offices within the IPD Zone District;
(5) Waive a further reading in full of proposed Ordinance No. 2457; (6) Adopt Resolution No. 25- 054 approving the Conditional Use Permit portion of Case No. PLAN25-00002, subject to the attached conditions of approval; and (7) Adopt Resolution No. 25 -055 approving the Site Plan portion of Case No.
PLAN25-00002, subject to the attached conditions of approval.
Questions ensued
The Chair opened the Public Hearing
There were no speakers
The Chair closed the Public Hearing
Motion was made to approve staff recommendations for points 3 through 7
Moved: Council Member Jones
Seconded: Council Member Irving
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
2. Adoption of Resolution No. 25-049 - Annual Assessments for Unpaid Rubbish Collection, Sewer Use Fees, Storm Drain Fees, Hazardous Waste Fees, and/or Assembly Bill 939 Recycling Fees
Recommendation:
That the Honorable City Council:
(1) Open and conduct the public hearing and receive testimony for the adoption of the proposed Resolution No. 25-049;
(2) Close the public hearing;
(3) Adopt Resolution No. 25- 049 entitled, “A Resolution of the City Council of the City of Victorville, California, making determination and confirming assessments and proceedings for Unpaid Rubbish Collection, Sewer Use Fees, Storm Drain Fees, Hazardous Waste Fees, and/or Assembly Bill 939 Recycling Fees”; and (4
) Authorize the Director of Finance to execute the Agreement for Collection of Special Taxes, Fees, and Assessments with the County.
Questions ensued
The Chair opened the Public Hearing
There were no speakers
The Chair closed the Public Hearing
Motion was made to approve staff recommendations for points 3 and 4
Moved: Council Member Gaudin
Seconded: Council Member Irving
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
3. Adoption of Resolution No. VWD 25-010 - Annual Assessments for Unpaid Water Fees
Recommendation:
That the Honorable Victorville Water District Board of Directors:
(1) Open and conduct the public hearing and receive testimony for the adoption of the proposed Resolution No. VWD 25-010;
(2) Close the public hearing;
(3) Adopt Resolution No. VWD 25- 010 entitled, “A Resolution of the Victorville Water District, City of Victorville, adding delinquent non- paid charges to the annual taxes levied upon the property for which the charges are delinquent and unpaid”; and
(4) Authorize the Director of Finance to execute the Agreement for Collection of Special Taxes, Fees, and Assessments with the County.
Questions ensued
The Chair opened the Public Hearing
There were no speakers
The Chair closed the Public Hearing
Motion was made to approve staff recommendations for points 3 and 4
Moved: Council Member Jones
Seconded: Council Member Gaudin
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
CONSENT CALENDAR
4. Settlement Agreement between City of Victorville and Dina Alba
Recommendation:
That the Honorable City Council:
(1) Approve the Citation Settlement Agreement by and between Dina Alba and the City of Victorville regarding Citation Number 44871; and (2) Authorize the City Manager to execute the Citation Settlement Agreement.
5. Settlement Agreement between City of Victorville and Chu Fan Tan
Recommendation:
That the Honorable City Council:
(1) Approve the Citation Settlement Agreement by and between Chu Fan Tan and the City of Victorville regarding Citation Number 22842; and (2) Authorize the City Manager to execute the Citation Settlement Agreement.
6. Settlement Agreement between City of Victorville and SP Assets, LLC
Recommendation:
That the Honorable City Council:
(1) Approve the Citation Settlement Agreement by and between SP Assets, LLC and the City of Victorville regarding Citation Number 41216; and (2) Authorize the City Manager to execute the Citation Settlement Agreement.
7. Citation Settlement Agreement between City of Victorville and Ju Chen
Recommendation:
That the Honorable City Council:
(1) Approve the Citation Settlement Agreement by and between Ju Chen and the City of Victorville regarding Citation No. 22843; and
(2) Authorize the City Manager to execute the Citation Settlement Agreement.
8. Payroll Demand Schedule No. 10A
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 10A for Payroll Period March 28, 2025, through April 11, 2025, in the amount of $2,231,369.52 covering Check Nos. 34513 through 34528 including Vendor checks. Also included are Advice Nos. 327005 through 327559, per adopted budget for Fiscal Year 2024-2025 (period covering July 1, 2024, through June 30, 2025).
9. Payroll Demand Schedule No. 10B
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 10B for Payroll Period April 11, 2025, through April 25, 2025, in the amount of $2,240,615.67 covering Check Nos. 34529 through 34540 including Vendor checks. Please note employee Check No. 34531 has a live Check and an EFT Advice. Also included are Advice Nos. 327560 through 328118, per adopted budget for Fiscal Year 2024-2025 (period covering July 1, 2024, through June 30, 2025).
10. Commercial Demand Schedule No. 24
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 24 in the amount of $6,360,834.52 covering Electronic Fund Transfers No. 344612 through 344785 and Warrant No. 799923 through 800148 for 05/29/2025 through 06/11/2025 and Wire Transfers dated 06/04/2025, per the adopted budget for Fiscal Year 2024- 2025 for the period covering July 1, 2024 through June 30, 2025.
11. Notice of Completion for Wellness Center Low Voltage Contractor Services, Project JM024-028
Recommendation:
That the Honorable City Council:
(1) Approve the Notice of Completion for the Wellness Center Low Voltage Contractor Services, Project JM024-028; and
(2) Authorize the City Manager to execute the Notice of Completion.
12. Commercial Demand Schedule No. 25
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 25 in the amount of $4,301,046.75 covering Electronic Fund Transfers No. 344786 through 345013 and Warrant No. 800149 through 800316 for 06/12/2025 through 06/25/2025 per the adopted budget for Fiscal Year 2024- 2025 for the period covering July 1, 2024 through June 30, 2025.
13. Engineering Report for the Fourth Quarter of Fiscal Year 2025
Recommendation:
That the Honorable City Council review and file this quarterly report.
14. Economic Development Newsletter
Recommendation:
That the Honorable City Council review and file the attached Economic Development Quarterly Newsletter.
15. Presentation of Resolution No. 25-056 – Confirming the Annual Special Tax Amount to be Levied in Community Facilities District (“CFD”) 01-01 for Fiscal Year 2025-2026 (Mello-Roos); and presentation of Resolution No. 25-057 – Confirming the Annual Special Tax Amount to be Levied in Community Facilities District (“CFD”) 07-01 for Fiscal Year 2025-2026 (Mello-Roos)
Recommendation:
That the Honorable City Council adopt Resolution No. 25- 056 to confirm the annual special tax to be applied to property taxes of CFD 01- 01 affected parcels and adopt Resolution No. 25- 057 to confirm the annual special tax to be applied to property taxes of CFD 07-01 affected parcels.
16. Building Department Activity Report
Recommendation:
That the Honorable Council review and file.
17. Minutes of the June 17, 2025, Regular City Council Meeting
Recommendation:
That the Honorable City Council approve the minutes of the Regular City Council Meeting held on June 17, 2025.
Comments ensued
Motion was made to approve staff recommendation
s for Consent Calendar items
4 through 17.
Moved: Council Member Jones
Seconded: Mayor Pro Tem Harriman
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
WRITTEN COMMUNICATIONS
18. San Bernardino Council of Governments Presentation
Recommendation:
Any action is at the discretion of your Honorable City Council.
San Bernardino Council of Governments Presentation presented by Monique Arellano, Director of the Council of Governments
Questions ensued
No action was taken on the item
19. Approval of Utility Agreement Nos. 395-COV08, 395-COV12, 395-COV16, and 395-COV24 with the San Bernardino County Transportation Authority for the Highway 395 Widening Project Phase 2
Recommendation:
That the Honorable Board of Directors:
(1) Approve Utility Agreement Nos. 395- COV08, 395- COV12, 395- COV16, and 395-COV24 with the San Bernardino County Transportation Authority for the Highway 395 Widening Project Phase 2;
(2) Authorize the General Manager and Board Attorney to make non- substantive changes and clarifications to the utility agreements; and (3) Authorize the General Manager to execute the utility agreements on the Victorville Water District's behalf.
Questions ensued
Motion was made to approve staff recommendations
Moved: Council Member Gaudin
Seconded: Council Member Jones
Comments ensued
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
20. Macerich Assistance Payment Year 12 - Mall of Victor Valley Development Agreement
Recommendation:
That the Honorable City Council authorize the assistance payment as provided for in the Development Agreement with Macerich Victor Valley LLC in the amount of $308,842 for Calendar Year (CY) 2024.
Motion was made to approve staff recommendation
Moved: Council Member Jones
Seconded: Mayor Pro Tem Harriman
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
21. Approval and Execution of Two (2) Consultant Professional Service Provider Agreements with Ninyo & Moore for Groundwater Remediation Services Related to the Former Nuway Dry Cleaners
Recommendation:
That the Honorable City Council/Board of Directors:
(1) Approve the execution of a Consultant/Professional Services Provider Agreement in the amount of $60,000 by and between the City as Housing Assets Successor (“CHAS”) and Ninyo & Moore for remediation services at the former Nuway Dry Cleaners as required by the Lahontan Regional Water Quality Control Board (“LRWQCB”); and
(2) Approve the execution of a Consultant/Professional Services Provider Agreement in the amount of $483,353 by and be tween the City of Victorville and Ninyo & Moore for remediation services at the former Nuway Dry Cleaners related to the scope of the new Site Cleanup Subaccount Program (“SCAP”) Grant Agreement with the California State Water Resources Control Board (“CSWRCB”).
Questions ensued
Motion was made to approve staff recommendations
Moved: Council Member Jones
Seconded: Mayor Pro Tem Harriman
Comments ensued
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
22. 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.
Questions ensued
Motion was made to approve staff recommendations
Moved: Mayor Becerra
Seconded: Council Member Jones
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
23. 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.
Questions ensued
Motion was made to approve staff recommendation
Moved: Council Member Gaudin
Seconded: Mayor Pro Tem Harriman
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
24. 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.
Motion was made to approve staff recommendations
Moved: Mayor Becerra
Seconded: Council Member Irving
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
25. 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.
Questions ensued
Motion was made to approve staff recommendation
Moved: Council Member Jones
Seconded: Mayor Pro Tem Harriman
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
26. 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).
Questions ensued
Motion was made to approve staff recommendation
Moved: Council Member Jones
Seconded: Mayor Pro Tem Harriman
Comments ensued
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
27. City Manager Reports
City Manager Keith C. Metzler reported on another successful Pet Vaccination and License Clinic held on Saturday June 21st at the Animal Care and Adoption Center. In total 700 vaccines were administered, more than 200 dogs were licensed and microchipped, and nine dogs found loving homes. He thanked staff for their efforts in making the event successful. He also announced the Code Compliance Division received more than 300 online reports and 158 calls regarding illegal fireworks, and thus far have issued 65 citations. Additionally, the Homeless Engagement Team recently completed their quarterly encampment clean-up, which spanned over four weeks, with the collaboration of both Code Compliance and the Public Works Sanitation Team. More than 50 tons of waste were removed from 29 encampments located in areas such as the Mojave Riverbed, the Oro Grande Wash, and near the Mall of Victor Valley.
The final Concerts in the Park event will be hosted on Friday July 18, 2025, at 6:00 p.m. located at Hook Park. The City Manager invited everyone to enjoy the Queen tribute band, Queen Legion, and the final round of the 2025 Victorville Sings competition.
He announced Southern California Edison completed the installation of 30 new streetlights in Oldtown Victorville. Additionally, the newly constructed streetlight located at Village and Puesta Del Sol will be activated on Monday, July 28th, making it the City’s 101st signalized intersection in operation.
In closing, the City Manager announced the City of Victorville and Burrtec will be hosting a Free Dump Day on Saturday, July 19, 2025, from 8:00 a.m. to 1:00 p.m. at the former U-Prep/Victor Valley Jr. High School campus, located at 16925 Forrest Avenue. The Oldtown Victorville Cleanup Project, will also be offering free weekday curbside pickup for bulky items, hazardous waste, and recyclables, for up to 276 eligible households and businesses through August 29th, 2025.
28. Discussion and Possible Action Regarding Upcoming Agenda Items
None
29. Reports from Council Members
Mayor Pro Tem Harriman reported on the significant improvement he noticed on the reduction of illegal fireworks before and after the 4th of July holiday. He thanked and commended staff for their efforts.
Mayor Becerra invited everyone to participate in National Night Out to be held on August 5, 2025, located at Sunset Ridge Park, 12808 Eucalyptus Street, Victorville, CA from 5:30 p.m. to 8:00 p.m.
Adjournment
Mayor Becerra adjourned the meeting at 7:59 p.m.
Attest:
_____________________ _________________________ Elizabeth Becerra, Mayor Jennifer Thompson, City Clerk
Attachment B
City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
VICTORVILLE CITY COUNCIL
VICTORVILLE LIBRARY BOARD OF TRUSTEES
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
THE CITY AS HOUSING ASSETS SUCCESSOR
JOINT POWERS FINANCING AUTHORITY
VICTORVILLE WATER DISTRICT
Special Meeting Minutes
Wednesday, July 16, 2025
9:00 a.m. Special Session
9:00 a.m. City Council Governance Workshop
Welcome and Call to Order
Mayor Becerra called the meeting to order and introduced City Manager Keith C.
Metzler.
Roll Call
Present: Council Member Gaudin, Council Member Irving, Mayor Pro Tem Harriman, Mayor Becerra
Absent: Council Member Jones
Also Present:
City Manager Keith C. Metzler, Deputy City Manager Jenele Davidson, Deputy City Manager Scott Webb, Deputy City
Manager Tony Camargo, City Attorney Andre de
Bortnowsky, City Clerk Jennifer Thompson
Review Agenda and Purpose of the Workshop
Comments from the City Manager
City Manager Keith C. Metzler provided a summary of the purpose of this workshop and introduced Raftelis consultants Jan Perkins and Serena Wright-Black.
Public Comments
None
Review Best Practices for Governing and Roles
Introduction of Staff and Council Members
Ground rules for the session
Icebreaker
Review best practices in governance and identify ways the Council can advance the City’s vision.
Discussion regarding the attributes of an effective City Council and staff team, and why collaboration is important.
Discussion regarding advancing the Strategic Vision.
Recess was called at 10:16 a.m.
Recess concluded at 10:26 a.m.
Discussion regarding best practices and the Council’s role when handling constituent advocacy.
Identify Ways for the Council to Advance the City's Vision
Review Council Norms
1. Adopted Council Norms
Discussion regarding adopted Council Norms and identifying areas for improvement.
Discuss Training Opportunities for Council
Discussion regarding upcoming training opportunities for City Council and staff, and how to utilize these training opportunities to build connections.
Wrap Up and Adjournment
In closing, the Council norms were reaffirmed. The workshop enhanced the skills and knowledge of the Council and staff, fostered connections and unity, and ultimately leading to more effective governance practices.
Mayor Becerra adjourned the meeting at 11:57 a.m.
Attest:
_____________________ _________________________ Elizabeth Becerra, Mayor Jennifer Thompson, City Clerk
Item Number: 8
City Council / Board of Directors
Consent Calendar
Meeting of: August 19, 2025
Submitted By:
Carmen Cun, Finance Director / City Treasurer
Subject:
Payroll Demand Schedule No. 11A
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 11A for Payroll Period April 25, 2025, through May 9, 2025, in the amount of $2,256,754.20 covering Check Nos. 34145, 34268 and 34541 through 34551 including Vendor checks.
Also included are Advice Nos. 328119 through 328681 per adopted budget for Fiscal Year 2024-2025 (period covering July 1, 2024, through June 30, 2025).
Fiscal Impact:
A total fiscal impact of $2,256,754.20 is authorized with this action. The attached report details the payments by check numbers.
Discussion:
I hereby certify that the claims or demands covered by the attached list of warrants have been audited as to the accuracy and availability of funds for payment thereof and that said claims or demands are accurate and the funds are available for payment thereof.
Prepared By:
Kimberly Major, Payroll Technician
Attachments: A. Payroll Report PPE 050925
Attachment A
Payroll Report PPE 050925
City of Victorville Council Payroll Report Page 1 of 16 05/16/2025 Total Net
($196.96)
($414.31)
$910.14
$2,705.59
$107.56
$845.03
$5.00
$100.00
$50.00
$530.00
$538.92
$422.31
$175.00
5,778.28Checks Total
City of Victorville
City Council Payroll Report
Payroll Period Beginning: April 25, 2025 through May 09, 2025 34550 13491 05/16/2025
34551 18154 05/16/2025
34548 1182 05/16/2025
34549 7912 05/16/2025
34546 1182 05/16/2025
34547 1182 05/16/2025
34544 3678 05/16/2025
34545 240 05/16/2025
34542 3853 05/16/2025
34543 3898 05/16/2025
34268 3658 08/23/2024
34541 3466 05/16/2025
Check Number Employee ID Check Date
34145 3658 06/28/2024
Checks
City of Victorville Council Payroll Report Page 2 of 16 05/16/2025 Check Number Employee ID Check Date Total Net
328119 3658 05/08/2025 $196.96
328120 3658 05/08/2025 $414.31
328121 3396 05/16/2025 $2,363.55
328122 1099 05/16/2025 $1,364.55
328123 3243 05/16/2025 $5,729.40
328124 2115 05/16/2025 $6,070.99
328125 3640 05/16/2025 $2,096.24
328126 3527 05/16/2025 $2,231.08
328127 3945 05/16/2025 $645.83
328128 3551 05/16/2025 $936.25
328129 3458 05/16/2025 $570.08
328130 3229 05/16/2025 $5,012.64
328131 3918 05/16/2025 $1,284.73
328132 3290 05/16/2025 $2,441.86
328133 1064 05/16/2025 $7,863.75
328134 3467 05/16/2025 $2,694.17
328135 3909 05/16/2025 $2,570.68
328136 2395 05/16/2025 $4,141.58
328137 3764 05/16/2025 $2,582.44
328138 2211 05/16/2025 $5,711.05
328139 3747 05/16/2025 $2,387.39
328140 3625 05/16/2025 $1,634.24
328141 2624 05/16/2025 $2,935.48
328142 3043 05/16/2025 $2,116.22
328143 3964 05/16/2025 $1,224.00
328144 3966 05/16/2025 $1,912.30
328145 3940 05/16/2025 $962.71
328146 3403 05/16/2025 $1,857.97
328147 1748 05/16/2025 $2,505.29
328148 3963 05/16/2025 $1,155.41
328149 3848 05/16/2025 $1,933.35
328150 3913 05/16/2025 $2,036.49
328151 3019 05/16/2025 $4,842.67
328152 3957 05/16/2025 $3,413.96
328153 3638 05/16/2025 $4,587.77
328154 3561 05/16/2025 $2,679.42
328155 3630 05/16/2025 $2,089.39
328156 2366 05/16/2025 $2,029.08
328157 3750 05/16/2025 $2,033.23
328158 3835 05/16/2025 $2,276.10
328159 3521 05/16/2025 $2,659.35
328160 3962 05/16/2025 $1,664.82
328161 2093 05/16/2025 $1,695.50
328162 3961 05/16/2025 $1,814.05
Advices
City of Victorville Council Payroll Report Page 3 of 16 05/16/2025 Check Number Employee ID Check Date Total Net
Advices
328163 2019 05/16/2025 $2,568.29
328164 3753 05/16/2025 $2,664.98
328165 3915 05/16/2025 $4,233.50
328166 3917 05/16/2025 $2,039.77
328167 3744 05/16/2025 $2,028.42
328168 2606 05/16/2025 $2,403.27
328169 3660 05/16/2025 $1,662.37
328170 3914 05/16/2025 $2,279.50
328171 1635 05/16/2025 $4,189.89
328172 3327 05/16/2025 $2,373.57
328173 3752 05/16/2025 $2,091.47
328174 3912 05/16/2025 $1,610.92
328175 3727 05/16/2025 $2,674.43
328176 3911 05/16/2025 $1,953.19
328177 2618 05/16/2025 $2,394.08
328178 3845 05/16/2025 $3,693.51
328179 2619 05/16/2025 $2,461.39
328180 2491 05/16/2025 $2,362.69
328181 3916 05/16/2025 $2,461.19
328182 3889 05/16/2025 $1,818.29
328183 3045 05/16/2025 $2,390.68
328184 3755 05/16/2025 $2,397.40
328185 3608 05/16/2025 $4,813.58
328186 3758 05/16/2025 $4,019.67
328187 3817 05/16/2025 $2,228.57
328188 3953 05/16/2025 $1,394.81
328189 3362 05/16/2025 $2,517.41
328190 2297 05/16/2025 $2,187.95
328191 2232 05/16/2025 $2,916.76
328192 1957 05/16/2025 $3,010.61
328193 3809 05/16/2025 $2,176.54
328194 3085 05/16/2025 $2,146.86
328195 3246 05/16/2025 $3,662.32
328196 3714 05/16/2025 $2,387.71
328197 3742 05/16/2025 $2,127.56
328198 3863 05/16/2025 $2,153.45
328199 3879 05/16/2025 $2,242.65
328200 3846 05/16/2025 $4,610.97
328201 3502 05/16/2025 $2,682.77
328202 3697 05/16/2025 $5,492.70
328203 3868 05/16/2025 $4,007.32
328204 2102 05/16/2025 $3,426.29
328205 2233 05/16/2025 $3,197.12
328206 3865 05/16/2025 $2,474.23
328207 2032 05/16/2025 $3,822.69
328208 3869 05/16/2025 $1,698.02
City of Victorville Council Payroll Report Page 4 of 16 05/16/2025 Check Number Employee ID Check Date Total Net
Advices
328209 3499 05/16/2025 $3,381.47
328210 3924 05/16/2025 $2,486.08
328211 3867 05/16/2025 $1,944.69
328212 2323 05/16/2025 $3,614.78
328213 1767 05/16/2025 $2,886.82
328214 3508 05/16/2025 $2,747.35
328215 3740 05/16/2025 $1,649.66
328216 2225 05/16/2025 $4,336.07
328217 3221 05/16/2025 $2,670.08
328218 3627 05/16/2025 $3,138.59
328219 3757 05/16/2025 $3,637.13
328220 1533 05/16/2025 $2,369.27
328221 2833 05/16/2025 $2,402.99
328222 3700 05/16/2025 $2,282.01
328223 1426 05/16/2025 $1,150.53
328224 3703 05/16/2025 $2,287.59
328225 2254 05/16/2025 $3,103.67
328226 3618 05/16/2025 $2,444.85
328227 3354 05/16/2025 $3,867.96
328228 3623 05/16/2025 $1,204.71
328229 3400 05/16/2025 $2,892.33
328230 3547 05/16/2025 $1,204.70
328231 3933 05/16/2025 $1,161.63
328232 3673 05/16/2025 $1,282.12
328233 3544 05/16/2025 $2,276.35
328234 2742 05/16/2025 $2,901.75
328235 3934 05/16/2025 $4,359.31
328236 3746 05/16/2025 $2,224.43
328237 3089 05/16/2025 $3,246.76
328238 3641 05/16/2025 $2,156.57
328239 3672 05/16/2025 $1,231.96
328240 3854 05/16/2025 $2,173.41
328241 3634 05/16/2025 $3,062.46
328242 3805 05/16/2025 $2,472.26
328243 2249 05/16/2025 $5,167.86
328244 3650 05/16/2025 $1,939.26
328245 3938 05/16/2025 $978.62
328246 3576 05/16/2025 $1,774.40
328247 3876 05/16/2025 $2,874.16
328248 3663 05/16/2025 $1,760.77
328249 3541 05/16/2025 $3,514.79
328250 2499 05/16/2025 $3,776.92
328251 3379 05/16/2025 $2,707.64
328252 3694 05/16/2025 $2,367.33
328253 3737 05/16/2025 $3,425.39
328254 2105 05/16/2025 $4,953.87
City of Victorville Council Payroll Report Page 5 of 16 05/16/2025 Check Number Employee ID Check Date Total Net
Advices
328255 3474 05/16/2025 $2,412.78
328256 2515 05/16/2025 $2,965.57
328257 3636 05/16/2025 $2,816.75
328258 2679 05/16/2025 $3,012.75
328259 3490 05/16/2025 $3,028.11
328260 3475 05/16/2025 $2,041.68
328261 2181 05/16/2025 $3,556.61
328262 3735 05/16/2025 $4,375.93
328263 3880 05/16/2025 $1,254.14
328264 3542 05/16/2025 $2,761.06
328265 3731 05/16/2025 $2,421.69
328266 1955 05/16/2025 $2,525.39
328267 3943 05/16/2025 $2,384.35
328268 3719 05/16/2025 $2,093.96
328269 1632 05/16/2025 $2,537.25
328270 3941 05/16/2025 $718.46
328271 3736 05/16/2025 $3,733.62
328272 3692 05/16/2025 $2,648.99
328273 3147 05/16/2025 $2,930.51
328274 3881 05/16/2025 $1,095.62
328275 3732 05/16/2025 $3,237.00
328276 3944 05/16/2025 $1,204.70
328277 3148 05/16/2025 $2,804.25
328278 3808 05/16/2025 $3,984.03
328279 3195 05/16/2025 $2,444.62
328280 3884 05/16/2025 $1,231.96
328281 3353 05/16/2025 $3,208.93
328282 3626 05/16/2025 $2,512.87
328283 3602 05/16/2025 $2,853.57
328284 3112 05/16/2025 $2,334.93
328285 1970 05/16/2025 $2,243.57
328286 3185 05/16/2025 $2,544.95
328287 1520 05/16/2025 $2,137.30
328288 2605 05/16/2025 $2,338.95
328289 3505 05/16/2025 $5,257.06
328290 2540 05/16/2025 $4,169.44
328291 2377 05/16/2025 $3,023.73
328292 2259 05/16/2025 $2,442.83
328293 2312 05/16/2025 $2,280.02
328294 3510 05/16/2025 $3,225.12
328295 3637 05/16/2025 $2,829.81
328296 3628 05/16/2025 $2,439.90
328297 3068 05/16/2025 $2,211.71
328298 3702 05/16/2025 $2,316.72
328299 3633 05/16/2025 $2,775.21
328300 3129 05/16/2025 $3,533.86
City of Victorville Council Payroll Report Page 6 of 16 05/16/2025 Check Number Employee ID Check Date Total Net
Advices
328301 3816 05/16/2025 $2,970.85
328302 1998 05/16/2025 $2,954.40
328303 2111 05/16/2025 $2,616.18
328304 3543 05/16/2025 $2,173.04
328305 3303 05/16/2025 $4,118.80
328306 3802 05/16/2025 $2,634.52
328307 3558 05/16/2025 $2,981.38
328308 1655 05/16/2025 $3,908.82
328309 3361 05/16/2025 $2,163.79
328310 3285 05/16/2025 $2,909.47
328311 1529 05/16/2025 $1,978.13
328312 3346 05/16/2025 $2,206.72
328313 1776 05/16/2025 $3,232.96
328314 2600 05/16/2025 $2,811.43
328315 3192 05/16/2025 $2,168.80
328316 2655 05/16/2025 $1,672.75
328317 3393 05/16/2025 $2,283.46
328318 3749 05/16/2025 $2,064.67
328319 2798 05/16/2025 $2,383.55
328320 2522 05/16/2025 $3,281.31
328321 3265 05/16/2025 $2,028.53
328322 2339 05/16/2025 $2,367.17
328323 3878 05/16/2025 $3,357.67
328324 1503 05/16/2025 $2,910.26
328325 2505 05/16/2025 $2,776.37
328326 3113 05/16/2025 $2,305.47
328327 3273 05/16/2025 $2,318.65
328328 1497 05/16/2025 $3,262.40
328329 3537 05/16/2025 $2,882.78
328330 2192 05/16/2025 $1,864.13
328331 3513 05/16/2025 $2,510.24
328332 3685 05/16/2025 $1,804.90
328333 2034 05/16/2025 $3,121.87
328334 3380 05/16/2025 $2,270.33
328335 3871 05/16/2025 $2,309.57
328336 3852 05/16/2025 $1,888.18
328337 3051 05/16/2025 $2,219.23
328338 1750 05/16/2025 $2,565.08
328339 2770 05/16/2025 $1,950.20
328340 2228 05/16/2025 $2,748.93
328341 3827 05/16/2025 $3,639.05
328342 3726 05/16/2025 $1,951.79
328343 3748 05/16/2025 $2,412.86
328344 3101 05/16/2025 $2,635.58
328345 3335 05/16/2025 $2,395.86
328346 3284 05/16/2025 $2,125.18
City of Victorville Council Payroll Report Page 7 of 16 05/16/2025 Check Number Employee ID Check Date Total Net
Advices
328347 3840 05/16/2025 $2,397.40
328348 3621 05/16/2025 $1,787.81
328349 2248 05/16/2025 $2,021.58
328350 3622 05/16/2025 $1,981.28
328351 3788 05/16/2025 $1,692.46
328352 2189 05/16/2025 $2,892.08
328353 3560 05/16/2025 $1,841.80
328354 3509 05/16/2025 $2,107.07
328355 3226 05/16/2025 $1,783.37
328356 1121 05/16/2025 $2,594.15
328357 3968 05/16/2025 $2,110.59
328358 3149 05/16/2025 $2,636.85
328359 3479 05/16/2025 $1,923.02
328360 1723 05/16/2025 $2,172.87
328361 3296 05/16/2025 $2,087.63
328362 3707 05/16/2025 $2,035.62
328363 2531 05/16/2025 $3,743.41
328364 1513 05/16/2025 $1,885.51
328365 3283 05/16/2025 $3,477.51
328366 2118 05/16/2025 $1,209.59
328367 3387 05/16/2025 $1,658.06
328368 3330 05/16/2025 $2,274.18
328369 2681 05/16/2025 $3,984.19
328370 1612 05/16/2025 $2,065.10
328371 3610 05/16/2025 $1,765.37
328372 3277 05/16/2025 $2,041.87
328373 3287 05/16/2025 $2,150.42
328374 3037 05/16/2025 $2,411.89
328375 1449 05/16/2025 $3,242.62
328376 2677 05/16/2025 $5,600.46
328377 3688 05/16/2025 $1,822.46
328378 3341 05/16/2025 $2,189.16
328379 1137 05/16/2025 $1,826.80
328380 3970 05/16/2025 $1,204.70
328381 2383 05/16/2025 $2,006.67
328382 3687 05/16/2025 $1,633.79
328383 3130 05/16/2025 $1,852.56
328384 2489 05/16/2025 $1,701.44
328385 3733 05/16/2025 $1,877.53
328386 3624 05/16/2025 $2,344.12
328387 3139 05/16/2025 $1,888.58
328388 3099 05/16/2025 $2,540.32
328389 2696 05/16/2025 $1,765.94
328390 3536 05/16/2025 $3,134.80
328391 3722 05/16/2025 $1,938.35
328392 1254 05/16/2025 $2,056.43
City of Victorville Council Payroll Report Page 8 of 16 05/16/2025 Check Number Employee ID Check Date Total Net
Advices
328393 3187 05/16/2025 $2,357.94
328394 3804 05/16/2025 $2,534.34
328395 2368 05/16/2025 $2,109.69
328396 3100 05/16/2025 $3,134.07
328397 3796 05/16/2025 $1,532.51
328398 1338 05/16/2025 $3,943.01
328399 2229 05/16/2025 $1,951.34
328400 1049 05/16/2025 $2,414.44
328401 3586 05/16/2025 $2,130.23
328402 1506 05/16/2025 $1,990.58
328403 3004 05/16/2025 $2,270.29
328404 1932 05/16/2025 $1,961.17
328405 3279 05/16/2025 $2,007.13
328406 2460 05/16/2025 $2,160.77
328407 3874 05/16/2025 $1,896.76
328408 3671 05/16/2025 $1,642.78
328409 2732 05/16/2025 $1,865.67
328410 3338 05/16/2025 $1,730.22
328411 2552 05/16/2025 $1,967.43
328412 2476 05/16/2025 $4,161.61
328413 2279 05/16/2025 $2,421.10
328414 3515 05/16/2025 $5,731.58
328415 3092 05/16/2025 $2,660.01
328416 3836 05/16/2025 $2,120.53
328417 3138 05/16/2025 $3,248.68
328418 3512 05/16/2025 $2,454.83
328419 3146 05/16/2025 $3,041.22
328420 2590 05/16/2025 $2,541.45
328421 2748 05/16/2025 $2,085.69
328422 3709 05/16/2025 $3,926.54
328423 2669 05/16/2025 $3,439.83
328424 2623 05/16/2025 $2,085.89
328425 2637 05/16/2025 $2,361.26
328426 2638 05/16/2025 $4,167.09
328427 3803 05/16/2025 $2,155.99
328428 3109 05/16/2025 $2,798.54
328429 2671 05/16/2025 $3,756.69
328430 2593 05/16/2025 $2,767.33
328431 3328 05/16/2025 $2,501.54
328432 3461 05/16/2025 $1,174.69
328433 2626 05/16/2025 $2,002.74
328434 3937 05/16/2025 $2,507.68
328435 3038 05/16/2025 $2,594.09
328436 3052 05/16/2025 $2,066.99
328437 2290 05/16/2025 $2,022.18
328438 3716 05/16/2025 $1,951.26
City of Victorville Council Payroll Report Page 9 of 16 05/16/2025 Check Number Employee ID Check Date Total Net
Advices
328439 3110 05/16/2025 $4,676.92
328440 2641 05/16/2025 $1,980.10
328441 2612 05/16/2025 $2,548.77
328442 2642 05/16/2025 $2,172.50
328443 3705 05/16/2025 $1,950.27
328444 3331 05/16/2025 $1,908.84
328445 2674 05/16/2025 $2,798.08
328446 3231 05/16/2025 $2,441.17
328447 3228 05/16/2025 $2,755.13
328448 2628 05/16/2025 $2,683.43
328449 2630 05/16/2025 $2,852.30
328450 3182 05/16/2025 $3,088.09
328451 2599 05/16/2025 $3,197.88
328452 2683 05/16/2025 $3,726.09
328453 2753 05/16/2025 $2,867.65
328454 2610 05/16/2025 $2,958.38
328455 3323 05/16/2025 $3,706.46
328456 1389 05/16/2025 $2,748.60
328457 2808 05/16/2025 $1,947.28
328458 2646 05/16/2025 $2,558.01
328459 3617 05/16/2025 $2,428.59
328460 2524 05/16/2025 $3,328.73
328461 2686 05/16/2025 $2,248.14
328462 3942 05/16/2025 $1,946.61
328463 3951 05/16/2025 $1,699.02
328464 2193 05/16/2025 $2,273.38
328465 3322 05/16/2025 $2,548.42
328466 3629 05/16/2025 $2,708.29
328467 3230 05/16/2025 $4,260.25
328468 2038 05/16/2025 $1,742.27
328469 2678 05/16/2025 $7,413.06
328470 3240 05/16/2025 $3,070.81
328471 3743 05/16/2025 $1,949.71
328472 3215 05/16/2025 $3,044.93
328473 3140 05/16/2025 $2,310.41
328474 3035 05/16/2025 $2,216.13
328475 3907 05/16/2025 $31.86
328476 3651 05/16/2025 $2,311.50
328477 3769 05/16/2025 $294.78
328478 3299 05/16/2025 $2,024.84
328479 3765 05/16/2025 $215.10
328480 1853 05/16/2025 $2,869.32
328481 3729 05/16/2025 $1,761.31
328482 2343 05/16/2025 $1,583.90
328483 3959 05/16/2025 $1,317.11
328484 3821 05/16/2025 $1,218.33
City of Victorville Council Payroll Report Page 10 of 16 05/16/2025 Check Number Employee ID Check Date Total Net
Advices
328485 3497 05/16/2025 $1,811.99
328486 3503 05/16/2025 $3,017.66
328487 3105 05/16/2025 $1,909.49
328488 3579 05/16/2025 $1,054.97
328489 3386 05/16/2025 $2,719.52
328490 3191 05/16/2025 $2,340.47
328491 3792 05/16/2025 $1,043.05
328492 3931 05/16/2025 $1,981.91
328493 3922 05/16/2025 $1,668.41
328494 2488 05/16/2025 $1,066.68
328495 3496 05/16/2025 $1,272.13
328496 3120 05/16/2025 $1,041.44
328497 3778 05/16/2025 $601.66
328498 3482 05/16/2025 $1,980.94
328499 3611 05/16/2025 $1,765.21
328500 3724 05/16/2025 $1,204.70
328501 3011 05/16/2025 $2,441.42
328502 3768 05/16/2025 $366.47
328503 3580 05/16/2025 $1,814.86
328504 3905 05/16/2025 $15.94
328505 3939 05/16/2025 $962.71
328506 3873 05/16/2025 $2,239.06
328507 3270 05/16/2025 $2,023.75
328508 3263 05/16/2025 $1,985.42
328509 3795 05/16/2025 $2,094.52
328510 3252 05/16/2025 $1,108.07
328511 3295 05/16/2025 $2,452.83
328512 3257 05/16/2025 $2,531.08
328513 3184 05/16/2025 $4,022.44
328514 3070 05/16/2025 $2,197.86
328515 3657 05/16/2025 $845.50
328516 3902 05/16/2025 $135.43
328517 3689 05/16/2025 $1,770.91
328518 3288 05/16/2025 $1,889.76
328519 3767 05/16/2025 $358.08
328520 1866 05/16/2025 $3,000.77
328521 3774 05/16/2025 $55.77
328522 3791 05/16/2025 $1,218.33
328523 3572 05/16/2025 $1,322.01
328524 3664 05/16/2025 $880.38
328525 3950 05/16/2025 $3,366.99
328526 3936 05/16/2025 $1,054.97
328527 3772 05/16/2025 $334.62
328528 3766 05/16/2025 $501.92
328529 3822 05/16/2025 $1,218.33
328530 1282 05/16/2025 $2,421.09
City of Victorville Council Payroll Report Page 11 of 16 05/16/2025 Check Number Employee ID Check Date Total Net
Advices
328531 3481 05/16/2025 $2,020.92
328532 2379 05/16/2025 $2,177.47
328533 3655 05/16/2025 $868.33
328534 3813 05/16/2025 $848.76
328535 3656 05/16/2025 $844.02
328536 3789 05/16/2025 $4,298.62
328537 3793 05/16/2025 $2,019.51
328538 3903 05/16/2025 $446.14
328539 3775 05/16/2025 $478.01
328540 2478 05/16/2025 $990.46
328541 3919 05/16/2025 $874.82
328542 3882 05/16/2025 $1,218.33
328543 1287 05/16/2025 $2,901.96
328544 3969 05/16/2025 $1,204.70
328545 3667 05/16/2025 $207.14
328546 2711 05/16/2025 $1,692.65
328547 3900 05/16/2025 $223.07
328548 3798 05/16/2025 $1,218.33
328549 3258 05/16/2025 $1,948.69
328550 3259 05/16/2025 $1,671.51
328551 3573 05/16/2025 $1,827.37
328552 3507 05/16/2025 $2,500.85
328553 3790 05/16/2025 $1,109.89
328554 3531 05/16/2025 $3,636.66
328555 3814 05/16/2025 $887.79
328556 3639 05/16/2025 $1,783.24
328557 3895 05/16/2025 $478.01
328558 3587 05/16/2025 $848.76
328559 3901 05/16/2025 $143.41
328560 3669 05/16/2025 $76.52
328561 3029 05/16/2025 $2,435.15
328562 3190 05/16/2025 $3,283.32
328563 1959 05/16/2025 $3,818.52
328564 3250 05/16/2025 $1,804.86
328565 3824 05/16/2025 $1,218.33
328566 3812 05/16/2025 $849.57
328567 3609 05/16/2025 $1,029.12
328568 3770 05/16/2025 $215.10
328569 3794 05/16/2025 $1,218.33
328570 3492 05/16/2025 $86.49
328571 3866 05/16/2025 $1,117.11
328572 3910 05/16/2025 $1,004.29
328573 3725 05/16/2025 $1,218.33
328574 3647 05/16/2025 $290.80
328575 3566 05/16/2025 $434.20
328576 3777 05/16/2025 $127.47
City of Victorville Council Payroll Report Page 12 of 16 05/16/2025 Check Number Employee ID Check Date Total Net
Advices
328577 3511 05/16/2025 $2,176.91
328578 3823 05/16/2025 $1,218.33
328579 3368 05/16/2025 $2,139.38
328580 2006 05/16/2025 $3,385.11
328581 3761 05/16/2025 $3,226.52
328582 2684 05/16/2025 $1,445.29
328583 3923 05/16/2025 $1,844.32
328584 3967 05/16/2025 $1,712.35
328585 3079 05/16/2025 $1,354.20
328586 1966 05/16/2025 $3,239.59
328587 3844 05/16/2025 $1,697.67
328588 3388 05/16/2025 $2,497.75
328589 2355 05/16/2025 $2,328.68
328590 3696 05/16/2025 $2,861.79
328591 3500 05/16/2025 $3,725.98
328592 3620 05/16/2025 $2,026.14
328593 3654 05/16/2025 $1,899.97
328594 2039 05/16/2025 $1,941.10
328595 3838 05/16/2025 $2,131.78
328596 3281 05/16/2025 $2,547.24
328597 3550 05/16/2025 $2,818.49
328598 3348 05/16/2025 $1,919.18
328599 3862 05/16/2025 $1,978.87
328600 3807 05/16/2025 $2,129.36
328601 3081 05/16/2025 $2,316.78
328602 3523 05/16/2025 $5,148.50
328603 3271 05/16/2025 $2,322.67
328604 2027 05/16/2025 $1,243.59
328605 2330 05/16/2025 $3,451.51
328606 2795 05/16/2025 $1,120.70
328607 3888 05/16/2025 $2,057.43
328608 3437 05/16/2025 $7,538.71
328609 3421 05/16/2025 $4,320.42
328610 3439 05/16/2025 $3,795.69
328611 3440 05/16/2025 $5,631.22
328612 3441 05/16/2025 $2,492.85
328613 3473 05/16/2025 $4,186.55
328614 3820 05/16/2025 $3,043.63
328615 3406 05/16/2025 $1,298.81
328616 3422 05/16/2025 $4,539.29
328617 3442 05/16/2025 $5,715.10
328618 3433 05/16/2025 $6,550.32
328619 3424 05/16/2025 $4,166.90
328620 3414 05/16/2025 $5,334.95
328621 3704 05/16/2025 $520.16
328622 3734 05/16/2025 $5,082.72
City of Victorville Council Payroll Report Page 13 of 16 05/16/2025 Check Number Employee ID Check Date Total Net
Advices
328623 3832 05/16/2025 $2,981.04
328624 3799 05/16/2025 $3,083.65
328625 3886 05/16/2025 $8,073.10
328626 3443 05/16/2025 $4,075.50
328627 3600 05/16/2025 $3,382.96
328628 3711 05/16/2025 $6,780.73
328629 3928 05/16/2025 $3,985.17
328630 3715 05/16/2025 $3,575.18
328631 3444 05/16/2025 $4,248.36
328632 3583 05/16/2025 $15,660.04
328633 3952 05/16/2025 $1,556.61
328634 3594 05/16/2025 $3,918.73
328635 3409 05/16/2025 $4,516.60
328636 3856 05/16/2025 $3,805.39
328637 3426 05/16/2025 $6,664.73
328638 3860 05/16/2025 $4,016.24
328639 3642 05/16/2025 $2,120.81
328640 3584 05/16/2025 $1,997.60
328641 3538 05/16/2025 $2,196.13
328642 3410 05/16/2025 $6,502.53
328643 3828 05/16/2025 $5,492.16
328644 3447 05/16/2025 $3,884.59
328645 3427 05/16/2025 $5,157.13
328646 3411 05/16/2025 $5,133.11
328647 3448 05/16/2025 $4,413.18
328648 3833 05/16/2025 $6,344.06
328649 3518 05/16/2025 $2,120.27
328650 3449 05/16/2025 $4,588.11
328651 3428 05/16/2025 $3,682.78
328652 3858 05/16/2025 $1,946.23
328653 3429 05/16/2025 $3,179.41
328654 3451 05/16/2025 $5,093.00
328655 3595 05/16/2025 $4,438.04
328656 3430 05/16/2025 $4,616.12
328657 3452 05/16/2025 $6,091.62
328658 3417 05/16/2025 $2,388.59
328659 3431 05/16/2025 $6,624.71
328660 3242 05/16/2025 $3,014.26
328661 3857 05/16/2025 $3,654.04
328662 3419 05/16/2025 $5,731.88
328663 3524 05/16/2025 $2,524.07
328664 3412 05/16/2025 $4,718.58
328665 3829 05/16/2025 $4,282.92
328666 3420 05/16/2025 $5,485.37
328667 3921 05/16/2025 $5,843.49
328668 3435 05/16/2025 $2,727.83
City of Victorville Council Payroll Report Page 14 of 16 05/16/2025 Check Number Employee ID Check Date Total Net
Advices
328669 3800 05/16/2025 $6,678.30
328670 3432 05/16/2025 $5,234.57
328671 3408 05/16/2025 $6,229.95
328672 3456 05/16/2025 $5,338.63
328673 3859 05/16/2025 $1,890.69
328674 3947 05/16/2025 $2,769.98
328675 3763 05/16/2025 $3,216.52
328676 3591 05/16/2025 $2,718.69
328677 3392 05/16/2025 $4,186.94
328678 3855 05/16/2025 $2,262.96
328679 3831 05/16/2025 $3,952.69
328680 3434 05/16/2025 $3,012.95
328681 3971 05/16/2025 $1,174.70
Advices Total 1,459,959.34
City of Victorville Council Payroll Report Page 15 of 16 05/16/2025 Check Date Total Gross
IRS 05/16/2025 $247,652.35
State Taxes 05/16/2025 $70,081.19
CASDU 05/16/2025 $4,971.39
Deferred Comp (457) 05/19/2025 $89,594.02
Deferred Comp (401a) 05/19/2025 $308.27
PERS 05/21/2025 $371,166.36
Confidential Garnishment 05/15/2025 $423.00
VV Firefighter's Union 05/15/2025 $6,820.00
Electronic Vendor Payments Total 791,016.58
Vendor
Electronic Vendor Payments
City of Victorville Council Payroll Report Page 16 of 16 05/16/2025 Item Number: 9
City Council / Board of Directors
Consent Calendar
Meeting of: August 19, 2025
Submitted By:
Carmen Cun, Finance Director / City Treasurer
Subject:
Commercial Demand Schedule No. 02
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 02 in the amount of $8,748,845.67, covering Electronic Fund Transfers No. 345144 through 345292 and Warrant No. 800451 through 800613 for 07/10/2025 through 07/23/2025, per the adopted budget for Fiscal Year 2024-2025 for the period covering July 1, 2024 through June 30, 2025 and Fiscal Year 2025-2026 for the period covering July 1, 2025 through June 30, 2026.
Fiscal Impact:
The total fiscal impact for FY24-25 in the amount of $7,467,424.24 and total fiscal impact for FY25-26 in the amount of $1,281,421.43 is authorized with this action. The attached report details the total funds paid to vendors.
Background:
Pursuant to the City’s Municipal Code (2.24.080) the attached demands were presented by the departments, audited by the Finance Department and subsequent warrants/wire transfers were issued. All were found to be in conformity to City policies and procedures and funds were budgeted or available to pay said demands. A list of commercial warrants and wire transfers is now being presented to Council for approval.
Prepared By:
Cecilia Alonzo, Senior Account Clerk
Attachments: A. Commercial Demand Schedule No. 02 Check Register Summary
ATTACHMENT A:
Commercial Demand Schedule No. 02 Check Register Summary
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 07/25/2025 07:51
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 345144 07/16/2025 EFT 000165 ANIMAL EMERGENCY CLINIC 102.00 345145 07/16/2025 EFT 018562 BEST POWER EQUIPMENT, LLC 1,174.47 345146 07/16/2025 EFT 000205 ATLAS COPCO USA HOLDINGS 5,771.71 345147 07/16/2025 EFT 014614 AUTOMATED GATE SERVICES, 439.00 345148 07/16/2025 EFT 023300 BADAWI & ASSOCIATES 57,914.55 345149 07/16/2025 EFT 000297 BECK OIL, INC. 18,032.56 345150 07/16/2025 EFT 015877 BOOT BARN, INC. 101.63 345151 07/16/2025 EFT 022096 CALI AUTO GLASS 300.00 345152 07/16/2025 EFT 014820 CAL-STATE AUTO PARTS 105.18 345153 07/16/2025 EFT 018132 CLINICAL LABORATORY OF SA 6,135.00 345154 07/16/2025 EFT 021826 CONSTELLATION ENERGY CORP 72,800.00 345155 07/16/2025 EFT 012505 DESERT ENVIRONMENTAL SERV 1,555.00 345156 07/16/2025 EFT 022345 DIAMOND ENVIRONMENTAL SER 674.12 345157 07/16/2025 EFT 012800 DKF SOLUTIONS GROUP, LLC 3,800.00 345158 07/16/2025 EFT 005295 DOKKEN ENGINEERING 3,357.50 345159 07/16/2025 EFT 015760 FASTENAL COMPANY 389.01 345160 07/16/2025 EFT 017560 FERGUSON ENTERPRISES, LLC 27.91 345161 07/16/2025 EFT 016767 KALMIKOV ENTERPRISES, INC 3,388.52 345162 07/16/2025 EFT 005127 FLIGHT LIGHT, INC. 1,314.93 345163 07/16/2025 EFT 000975 FRANKLIN TRUCK PARTS, INC 39.82 345164 07/16/2025 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 28.54 345165 07/16/2025 EFT 001063 GOODYEAR TIRE & RUBBER CO 540.75 345166 07/16/2025 EFT 003047 GRAVES & KING LLP 291.50 345167 07/16/2025 EFT 001104 HAAKER EQUIPMENT CO. 7,297.23 345168 07/16/2025 EFT 018938 HARRIS & ASSOCIATES, INC. 360.00 345169 07/16/2025 EFT 028225 HESPERIA OUTDOOR POWER EQ 646.99 345170 07/16/2025 EFT 014969 LOS ANGELES TRUCK, LLC 54.36 345171 07/16/2025 EFT 021594 HERITAGE LANDSCAPE SUPPLY 904.45 345172 07/16/2025 EFT 024922 INFOSEND, INC 5,928.24 345173 07/16/2025 EFT 022001 KERN RIVER GAS TRANSMISSI 4,225.68 345174 07/16/2025 EFT 019967 MOJAVE AUTO COLLISION 2,753.59 345175 07/16/2025 EFT 001599 MOJAVE DESERT AQMD 1,361.50 345176 07/16/2025 EFT 023661 MORGAN STANLEY CAPITAL GR 53,237.83 345177 07/16/2025 EFT 028462 NINYO & MOORE GEOTECHNICA 17,752.01 345178 07/16/2025 EFT 010167 THE ARTCRAFT GROUP, INC. 2,648.56 345179 07/16/2025 EFT 001886 PRUDENTIAL OVERALL SUPPLY 424.58 345180 07/16/2025 EFT 024930 REFRIGERATION SUPPLIES DI 25.81 345181 07/16/2025 EFT 023351 RENEWELL FLEET SERVICE LL 1,799.22 345182 07/16/2025 EFT 003857 ROADLINE PRODUCTS INC. 9,935.33 345183 07/16/2025 EFT 022247 SYMBA CENTER 126,997.43 345184 07/16/2025 EFT 017269 TOWN & COUNTRY TIRE INC 60.00 345185 07/16/2025 EFT 003089 UNITED RENTALS, INC. 1,092.94 345186 07/16/2025 EFT 014536 UNITED SITE SERVICES OF C 375.09 345187 07/16/2025 EFT 015079 VERIZON WIRELESS SERVICES 4,018.31 345188 07/16/2025 EFT 008430 CALMAT COMPANY 3,140.90 345189 07/16/2025 EFT 002505 VICTORVILLE DISPOSAL, INC 1,419,014.34 345190 07/16/2025 EFT 002498 VICTOR VALLEY WASTEWATER 53,340.60 345191 07/16/2025 EFT 002554 WAXIE'S ENTERPRISES, LLC, 3,928.81 345193 07/16/2025 EFT 015764 WESTRUX INTERNATIONAL INC 418.21 345194 07/16/2025 EFT 007786 WILLIAMS, MONIQUE 1,554.00 345195 07/16/2025 EFT 018845 Z GLOBAL INC. 108,887.12 345196 07/16/2025 EFT 000297 BECK OIL, INC. 20,338.54
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 07/25/2025 07:51
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 345197 07/16/2025 EFT 012308 ROADPOST USA ,INC. 1,081.50 345198 07/16/2025 EFT 013472 BROADLUX, INC. 11,940.00 345200 07/16/2025 EFT 010282 DELTA DENTAL INSURANCE CO 3,906.75 345201 07/16/2025 EFT 009492 DELTA DENTAL OF CALIFORNI 35,050.39 345202 07/16/2025 EFT 016134 FRONTIER COMMUNICATIONS C 452.93 345203 07/16/2025 EFT 001015 GALL'S INC. 319.74 345204 07/16/2025 EFT 025408 THE HARTFORD - PRIORITY A 1,075.86 345205 07/16/2025 EFT 025408 THE HARTFORD - PRIORITY A 62,278.72 345206 07/16/2025 EFT 018368 TARGETSOLUTIONS LEARNING, 716.45 345207 07/16/2025 EFT 017269 TOWN & COUNTRY TIRE INC 176.42 345208 07/23/2025 EFT 016204 4LEAF, INC. 11,696.22 345209 07/23/2025 EFT 006716 AIRGAS USA, LLC 43.98 345210 07/23/2025 EFT 000104 DANTIN ENTERPRISES, INC. 1,567.00 345211 07/23/2025 EFT 019363 ALL PROPEST CONTROL SERVI 140.00 345212 07/23/2025 EFT 000144 AMERICAN GREEN DEVELOPERS 13,954.00 345213 07/23/2025 EFT 000165 ANIMAL EMERGENCY CLINIC 2,415.00 345214 07/23/2025 EFT 000205 ATLAS COPCO USA HOLDINGS 1,175.50 345215 07/23/2025 EFT 000297 BECK OIL, INC. 7,378.47 345216 07/23/2025 EFT 015877 BOOT BARN, INC. 1,942.84 345217 07/23/2025 EFT 010986 BRAUN BLAISING SMITH WYNN 4,346.78 345218 07/23/2025 EFT 003245 CALIFORNIA DEPARTMENT OF 662.00 345219 07/23/2025 EFT 014820 CAL-STATE AUTO PARTS 385.04 345220 07/23/2025 EFT 015486 CONSOLIDATED ELECTRICAL D 1,985.91 345221 07/23/2025 EFT 023070 C. WELLS PIPELINE MATERIA 4,241.25 345222 07/23/2025 EFT 022345 DIAMOND ENVIRONMENTAL SER 160.24 345223 07/23/2025 EFT 000826 DUNN-EDWARDS CORPORATION 3,681.52 345224 07/23/2025 EFT 019731 EL DORADO BROADCASTERS LL 660.00 345225 07/23/2025 EFT 000875 ENDURA STEEL, INC. 257.99 345226 07/23/2025 EFT 015760 FASTENAL COMPANY 274.13 345227 07/23/2025 EFT 000975 FRANKLIN TRUCK PARTS, INC 17.52 345228 07/23/2025 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 123.69 345229 07/23/2025 EFT 001063 GOODYEAR TIRE & RUBBER CO 1,053.49 345230 07/23/2025 EFT 003047 GRAVES & KING LLP 291.50 345231 07/23/2025 EFT 000278 HI DESERT ALARM 293.55 345232 07/23/2025 EFT 008848 HI DESERT FIRE PROTECTION 636.66 345233 07/23/2025 EFT 021594 HERITAGE LANDSCAPE SUPPLY 1,434.35 345234 07/23/2025 EFT 024922 INFOSEND, INC 2,630.54 345235 07/23/2025 EFT 021689 THINKNETIC MEDICAL CORPOR 5,450.00 345236 07/23/2025 EFT 000226 LARRY WALKER ASSOCIATES, 17,865.29 345237 07/23/2025 EFT 019967 MOJAVE AUTO COLLISION 2,009.77 345238 07/23/2025 EFT 001595 MOJAVE BASIN AREA WATERMA 44,155.58 345239 07/23/2025 EFT 001603 MOJAVE WATER AGENCY 66,130.00 345240 07/23/2025 EFT 014011 MYERS AND SONS HI-WAY SAF 3,091.18 345241 07/23/2025 EFT 018223 NEW RESOURCES GROUP, INC. 480.60 345242 07/23/2025 EFT 001789 PARKHOUSE TIRE, INC. 1,069.74 345243 07/23/2025 EFT 013165 PETE'S ROAD SERVICE 195.70 345244 07/23/2025 EFT 001886 PRUDENTIAL OVERALL SUPPLY 193.87 345245 07/23/2025 EFT 024930 REFRIGERATION SUPPLIES DI 2,008.84 345246 07/23/2025 EFT 002017 SAFEWAY SIGN CO. 4,350.00 345247 07/23/2025 EFT 002037 SAN BERNARDINO COUNTY 3,213,235.36 345248 07/23/2025 EFT 015670 SCORPION FIRE PROTECTION, 6,378.75 345249 07/23/2025 EFT 018883 MOMAR, INC. 502.54
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 07/25/2025 07:51
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 345250 07/23/2025 EFT 012798 PRO SALES GROUP 271.88 345251 07/23/2025 EFT 002790 TREADWELL, KENNETH R. 13,445.16 345252 07/23/2025 EFT 002419 UNDERGROUND SERVICE ALERT 19.25 345253 07/23/2025 EFT 000095 UNIVAR SOLUTIONS USA INC. 850.79 345254 07/23/2025 EFT 021895 HD SUPPLY, INC. 1,459.05 345255 07/23/2025 EFT 015079 VERIZON WIRELESS SERVICES 29,851.56 345256 07/23/2025 EFT 020421 VOHNE LICHE KENNELS, INC. 400.00 345257 07/23/2025 EFT 006861 WATER SYSTEMS CONSULTING, 5,571.25 345258 07/23/2025 EFT 022033 WOODARD & CURRAN, INC. 87,595.84 345259 07/23/2025 EFT 009637 WSP USA, INC. 1,373.78 345260 07/23/2025 EFT 021302 AAA CONTAINER SALES AND R 174.00 345261 07/23/2025 EFT 002201 AAAE 495.00 345262 07/23/2025 EFT 014673 AC PLUS HEATING & AIR INC 120.00 345263 07/23/2025 EFT 006716 AIRGAS USA, LLC 29.39 345264 07/23/2025 EFT 022271 ASHTON, STEVE 973.56 345265 07/23/2025 EFT 000297 BECK OIL, INC. 8,017.46 345266 07/23/2025 EFT 027067 COMPASS PEST MANAGEMENT I 122.00 345267 07/23/2025 EFT 015486 CONSOLIDATED ELECTRICAL D 136.26 345268 07/23/2025 EFT 000662 NANCY K BOHL INC. 1,200.00 345269 07/23/2025 EFT 015760 FASTENAL COMPANY 229.79 345270 07/23/2025 EFT 011206 FLYERS ENERGY LLC 1,358.40 345271 07/23/2025 EFT 000975 FRANKLIN TRUCK PARTS, INC 76.87 345272 07/23/2025 EFT 001015 GALL'S INC. 130.50 345273 07/23/2025 EFT 001076 GRAINGER 5.25 345274 07/23/2025 EFT 028225 HESPERIA OUTDOOR POWER EQ 275.80 345275 07/23/2025 EFT 000278 HI DESERT ALARM 258.33 345276 07/23/2025 EFT 008848 HI DESERT FIRE PROTECTION 562.84 345277 07/23/2025 EFT 013759 HINDMAN, RICHARD 210.00 345278 07/23/2025 EFT 001206 HITT PLUMBING INC. 660.00 345279 07/23/2025 EFT 021594 HERITAGE LANDSCAPE SUPPLY 1,361.80 345280 07/23/2025 EFT 010100 OPEN GOV, INC. 881.37 345281 07/23/2025 EFT 001789 PARKHOUSE TIRE, INC. 499.48 345282 07/23/2025 EFT 013165 PETE'S ROAD SERVICE 1,522.49 345283 07/23/2025 EFT 018886 RDO EQUIPMENT CO. 521.56 345284 07/23/2025 EFT 023351 RENEWELL FLEET SERVICE LL 547.24 345285 07/23/2025 EFT 018666 RETROTEL, INC. 8,656.50 345286 07/23/2025 EFT 001987 ROTARY CLUB - VICTORVILLE 1,837.00 345287 07/23/2025 EFT 007081 SGM, INC. 47,300.58 345288 07/23/2025 EFT 018962 THATTE, SUBODH 150.00 345289 07/23/2025 EFT 017269 TOWN & COUNTRY TIRE INC 475.50 345290 07/23/2025 EFT 013434 VICTORVILLE GLASS CO., IN 365.42 345291 07/23/2025 EFT 002554 WAXIE'S ENTERPRISES, LLC, 4,858.04 345292 07/23/2025 EFT 018845 Z GLOBAL INC. 195,442.73 800451 07/16/2025 PRINTED 016218 2 HOT UNIFORMS INC 148.43 800452 07/16/2025 PRINTED 013312 A & B HITCHES AND MUFFLER 133.59 800453 07/16/2025 PRINTED 018004 AFLAC PREMIUM HOLDING 1,438.34 800454 07/16/2025 PRINTED 014878 ALLTECH INDUSTRIES, INC 16,841.97 800455 07/16/2025 PRINTED 022097 AMAZON CAPITAL SERVICES, 173.96 800456 07/16/2025 PRINTED 017968 AVCOM SERVICES, INC. 1,048.50 800457 07/16/2025 PRINTED 000290 BATTERY MART OF APPLE VAL 146.92 800458 07/16/2025 PRINTED 000309 BEST BUY CO., INC. 884.58 800459 07/16/2025 PRINTED 000380 BURRTEC WASTE INDUSTRIES 109,506.67
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 07/25/2025 07:51
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 800460 07/16/2025 PRINTED 000380 BURRTEC WASTE INDUSTRIES 4,892.49 800461 07/16/2025 PRINTED 999975 CAVU AEROSPACE 44.07 800462 07/16/2025 PRINTED 000764 DESERT TRUCK SUPPLY 49.79 800463 07/16/2025 PRINTED 023953 DM CONTRACTING, INC. 167,879.25 800464 07/16/2025 PRINTED 014122 EUROFINS EATON ANALYTICAL 886.64 800465 07/16/2025 PRINTED 011295 FIREMAN ROCK & NURSERY IN 530.70 800466 07/16/2025 PRINTED 011371 GARDA CL NORTHWEST, INC. 1,315.21 800467 07/16/2025 PRINTED 023715 HEMET MANUFACTURING COMPA 282,111.58 800468 07/16/2025 PRINTED 019796 GLEASON, EDWARD D 947.25 800469 07/16/2025 PRINTED 021441 HENRY SCHEIN, INC. 9,579.38 800470 07/16/2025 PRINTED 001155 HESPERIA HOSE SUPPLY 546.71 800471 07/16/2025 PRINTED 023919 HYDRO CORP, LLC 3,499.30 800472 07/16/2025 PRINTED 022692 K-B BLINDS INC 1,402.70 800473 07/16/2025 PRINTED 015232 LOGICALIS, INC 1,800.00 800474 07/16/2025 PRINTED 022008 LPA, INC. 118,962.10 800475 07/16/2025 PRINTED 004292 LU'S LIGHTHOUSE 1,672.04 800476 07/16/2025 PRINTED 021161 CAR WASH PARTNERS, LLC. 608.00 800477 07/16/2025 PRINTED 023015 MONET CONSTRUCTION, INC. 596,625.45 800478 07/16/2025 PRINTED 022212 MWI VETERINARY SUPPLY CO. 45.44 800479 07/16/2025 PRINTED 001648 NAPA AUTO PARTS 1,383.61 800480 07/16/2025 PRINTED 023950 NATEC INTERNATIONAL, INV. 4,328.74 800481 07/16/2025 PRINTED 022511 PUMP CHECK, INC. 20,370.00 800482 07/16/2025 PRINTED 023264 QUADIENT FINANCE USA, INC 1,044.58 800483 07/16/2025 PRINTED 021758 ROBERT HALF INTERNATIONAL 4,335.00 800484 07/16/2025 PRINTED 003150 ROBERTSON'S 1,338.88 800485 07/16/2025 PRINTED 023680 JACOBS, SHANE 2,255.00 800486 07/16/2025 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 224,442.29 800487 07/16/2025 PRINTED 024609 STAPLES BUSINESS ADVANTAG 13.93 800488 07/16/2025 PRINTED 002269 SUNLAND FORD 10,099.32 800489 07/16/2025 PRINTED 008857 T. M. FITZGERALD & ASSOCI 787.35 800490 07/16/2025 PRINTED 023916 TRANSTECH ENGINEERS, INC. 2,310.00 800491 07/16/2025 PRINTED 016520 UNITED STATES CUSTOMS AND 8.73 800492 07/16/2025 PRINTED 016520 UNITED STATES CUSTOMS AND 602.46 800493 07/16/2025 PRINTED 022706 RED BARN MEDIA, INC. 590.20 800494 07/16/2025 PRINTED 007455 VETERANS COMMUNICATION SE 29,435.75 800495 07/16/2025 PRINTED 016218 2 HOT UNIFORMS INC 850.84 800496 07/16/2025 PRINTED 016435 ALLIANT INSURANCE SERVICE 562,501.25 800497 07/16/2025 PRINTED 016435 ALLIANT INSURANCE SERVICE 26,772.00 800498 07/16/2025 PRINTED 017968 AVCOM SERVICES, INC. 737.50 800499 07/16/2025 PRINTED 000290 BATTERY MART OF APPLE VAL 451.16 800500 07/16/2025 PRINTED 000309 BEST BUY CO., INC. 437.58 800501 07/16/2025 PRINTED 010670 BLUE SHIELD OF CALIFORNIA 10,310.12 800502 07/16/2025 PRINTED 022318 FIFTH ASSET, INC. 15,200.00 800503 07/16/2025 PRINTED 018241 M3V DATA MANAGEMENT 1,390.00 800504 07/16/2025 PRINTED 021856 METROPOLITAN LIFE INSURAN 2,547.75 800505 07/16/2025 PRINTED 022212 MWI VETERINARY SUPPLY CO. 3,203.46 800506 07/16/2025 PRINTED 021150 ODP BUSINESS SOLUTIONS, L 286.86 800507 07/16/2025 PRINTED 002009 SOUTHERN CALIFORNIA ASSOC 19,478.00 800508 07/16/2025 PRINTED 024609 STAPLES BUSINESS ADVANTAG 59.86 800509 07/16/2025 PRINTED 016520 UNITED STATES CUSTOMS AND 53,936.30 800510 07/16/2025 PRINTED 022706 RED BARN MEDIA, INC. 157.50 800511 07/16/2025 PRINTED 021079 CIVICPLUS, LLC 5,326.71
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 07/25/2025 07:51
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 800512 07/16/2025 PRINTED 018337 A ONE REALTY 100.04 800513 07/16/2025 PRINTED 024063 BALBUENA, CLEMENTINA 76.20 800514 07/16/2025 PRINTED 013560 BERNAL, CRISALBA C 91.68 800515 07/16/2025 PRINTED 024080 BRAVO RODRIGUEZ, JOAQUIN 100.32 800516 07/16/2025 PRINTED 024074 CHICAGO TITLE CO 106.95 800517 07/16/2025 PRINTED 024086 CHICAGO TITLE CO 203.07 800518 07/16/2025 PRINTED 024069 CORNEJO, FABIOLA 65.32 800519 07/16/2025 PRINTED 024075 CORTES, RUBEN 120.00 800520 07/16/2025 PRINTED 024078 FIRST AMERICAN TITLE CO 117.57 800521 07/16/2025 PRINTED 024084 FIRST AMERICAN TITLE CO 95.71 800522 07/16/2025 PRINTED 024077 FON, ANISSA 127.00 800523 07/16/2025 PRINTED 006152 HSIAO MING, CHEN 28.16 800524 07/16/2025 PRINTED 016104 KAPPOUTA, SAWSAN K 85.56 800525 07/16/2025 PRINTED 017814 KB HOME GREATER LOS ANGEL 107.62 800526 07/16/2025 PRINTED 024076 KYUNH, LEE KIM 55.54 800527 07/16/2025 PRINTED 024082 LANDRY, GRAY 120.00 800528 07/16/2025 PRINTED 024068 LEMUS-CARRILLO, ABEL 81.69 800529 07/16/2025 PRINTED 024073 LOENHORST, WILL 40.43 800530 07/16/2025 PRINTED 024067 LOPEZ, NUBIA 31.61 800531 07/16/2025 PRINTED 024065 MA, YUE 102.42 800532 07/16/2025 PRINTED 024083 MAGNO, JON 158.00 800533 07/16/2025 PRINTED 024062 MARKANSON, MIKHAEL & MELI 94.58 800534 07/16/2025 PRINTED 024064 NAJEEULLAH, NIMAT W LIVIN 75.76 800535 07/16/2025 PRINTED 024081 ORDONEZ, MARIA 82.42 800536 07/16/2025 PRINTED 023530 PACIFIC JASPER 199.83 800537 07/16/2025 PRINTED 024070 R.J. ALLEN INC 390.78 800538 07/16/2025 PRINTED 024061 SANDOVAL, JOHNNY & KIM LY 51.31 800539 07/16/2025 PRINTED 023995 SATOUF, FARES MTANUS 100.00 800540 07/16/2025 PRINTED 024071 TEMBINKOSI SUKU 454.55 800541 07/16/2025 PRINTED 024072 TICOR TITLE CO 198.98 800542 07/16/2025 PRINTED 024066 UNEST LLC 30.80 800543 07/23/2025 PRINTED 006521 ACCU-TECH CORPORATION 27.19 800544 07/23/2025 PRINTED 023621 AMAYA, EDWARD 250.58 800545 07/23/2025 PRINTED 003042 APPLE VALLEY COMMUNICATIO 9,436.56 800546 07/23/2025 PRINTED 015662 BALLARD, JAMES ANDREW AND 2,169.40 800547 07/23/2025 PRINTED 016935 BALLOU, LATHRESIA 267.58 800548 07/23/2025 PRINTED 000290 BATTERY MART OF APPLE VAL 518.92 800549 07/23/2025 PRINTED 017455 GVP VENTURES, INC. 3,000.00 800550 07/23/2025 PRINTED 017353 BOUND TREE MEDICAL, LLC 2,533.70 800551 07/23/2025 PRINTED 000380 BURRTEC WASTE INDUSTRIES 156.30 800552 07/23/2025 PRINTED 011768 CA MUNICIPAL STATISTICS I 600.00 800553 07/23/2025 PRINTED 000787 DEPARTMENT OF CONSERVATIO 3,675.13 800554 07/23/2025 PRINTED 020755 MIKE CAPOSIO BUICK GMC, L 499.51 800555 07/23/2025 PRINTED 000618 CDW GOVERNMENT, INC. 19,486.01 800556 07/23/2025 PRINTED 014721 CORE & MAIN LP 360.77 800557 07/23/2025 PRINTED 017796 DAN'S LAWNMOWER CENTER 401.23 800558 07/23/2025 PRINTED 014737 DITCH WITCH WEST 846.05 800559 07/23/2025 PRINTED 024092 KAPLAN, RYAN 677.40 800560 07/23/2025 PRINTED 022248 KERN, JACOB 225.00 800561 07/23/2025 PRINTED 018875 KONICA MINOLTA BUSINESS S 4,686.25 800562 07/23/2025 PRINTED 022774 LIEBERT CASSIDY WHITMORE 108.00 800563 07/23/2025 PRINTED 024054 MAUS, GARY 201.13
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 07/25/2025 07:51
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 800564 07/23/2025 PRINTED 021161 CAR WASH PARTNERS, LLC. 784.00 800565 07/23/2025 PRINTED 001592 MOBILE OCCUPATIONAL SERVI 395.00 800566 07/23/2025 PRINTED 016208 MOTOROLA SOLUTIONS, INC 36,322.00 800567 07/23/2025 PRINTED 001648 NAPA AUTO PARTS 4,277.19 800568 07/23/2025 PRINTED 020514 NICHOLS LOCAL GOVERNMENT 3,300.00 800569 07/23/2025 PRINTED 024026 PARSONS, BRUCE 142.77 800570 07/23/2025 PRINTED 023705 PRO-CRAFT CONSTRUCTION, I 1,530.84 800571 07/23/2025 PRINTED 017936 QUILL 140.80 800572 07/23/2025 PRINTED 017036 RIVERS & LANDS CONSERVANC 812.60 800573 07/23/2025 PRINTED 002037 SAN BERNARDINO COUNTY 312.00 800574 07/23/2025 PRINTED 002037 SAN BERNARDINO COUNTY 194.04 800575 07/23/2025 PRINTED 002037 SAN BERNARDINO COUNTY 6,746.96 800576 07/23/2025 PRINTED 002071 SAN BERNARDINO CO SOLID W 7,331.75 800577 07/23/2025 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 85,605.96 800578 07/23/2025 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 53,766.03 800579 07/23/2025 PRINTED 004812 STERICYCLE INC. 4,693.20 800580 07/23/2025 PRINTED 015430 TRI-PACIFIC SUPPLY, INC. 95.75 800581 07/23/2025 PRINTED 023791 TYE, KYA 150.00 800582 07/23/2025 PRINTED 023108 VCA MESA ANIMAL HOSPITAL 165.80 800583 07/23/2025 PRINTED 001147 WAGE WORKS 682.50 800584 07/23/2025 PRINTED 023048 WEST COAST LIGHTS & SIREN 585.06 800585 07/23/2025 PRINTED 029510 WEST END MATERIAL SUPPLY 324.60 800586 07/23/2025 PRINTED 016218 2 HOT UNIFORMS INC 2,055.22 800587 07/23/2025 PRINTED 024057 4AP HOLDINGS INC. 1,203.21 800588 07/23/2025 PRINTED 022097 AMAZON CAPITAL SERVICES, 494.91 800589 07/23/2025 PRINTED 023127 TODORUT, DELOREAN 1,265.85 800590 07/23/2025 PRINTED 017968 AVCOM SERVICES, INC. 510.00 800591 07/23/2025 PRINTED 025164 THE BANK OF NEW YORK MELL 9,436.90 800592 07/23/2025 PRINTED 000290 BATTERY MART OF APPLE VAL 416.05 800593 07/23/2025 PRINTED 006657 CALIFORNIA MUNICIPAL UTIL 6,547.00 800594 07/23/2025 PRINTED 024089 CENICEROS, DAVID 1,750.00 800595 07/23/2025 PRINTED 023783 COOPERATIVE ORGANIZATION 3,200.00 800596 07/23/2025 PRINTED 017448 CATHERIN PARRA HAYNES 450.00 800597 07/23/2025 PRINTED 022479 HEIMAN FIRE EQUIPMENT 536.99 800598 07/23/2025 PRINTED 001229 HOWARDS MUFFLER SERVICE, 395.00 800599 07/23/2025 PRINTED 017054 LOOPNET, INC. 262.00 800600 07/23/2025 PRINTED 000361 MARK BROWN & ASSOCIATES, 82.50 800601 07/23/2025 PRINTED 015238 MC AVOY & MARKHAM ENG'R & 1,115.54 800602 07/23/2025 PRINTED 001648 NAPA AUTO PARTS 2,553.26 800603 07/23/2025 PRINTED 020520 PEDIATRIC EMERGENCY STAND 7,816.73 800604 07/23/2025 PRINTED 020899 RUSH TRUCK CENTERS OF CAL 590.20 800605 07/23/2025 PRINTED 002063 SBC FIRE DEPARTMENT 40,957.94 800606 07/23/2025 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 73,141.13 800607 07/23/2025 PRINTED 024609 STAPLES BUSINESS ADVANTAG 804.73 800608 07/23/2025 PRINTED 004812 STERICYCLE INC. 1,256.98 800609 07/23/2025 PRINTED 002269 SUNLAND FORD 131.78 800610 07/23/2025 PRINTED 023108 VCA MESA ANIMAL HOSPITAL 108.63 800611 07/23/2025 PRINTED 024099 CARDENAZ, GERALD WAYNE 50.36 800612 07/23/2025 PRINTED 024095 FIRST AMERICAN TITLE CO 78.63 800613 07/23/2025 PRINTED 024079 PINEDO, JESUS 76.64 310 CHECKS CASH ACCOUNT TOTAL 8,748,845.67 .00 Item Number: 10
City Council / Board of Directors
Consent Calendar
Meeting of: August 19, 2025
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Reduction of Securities for Tract Map No. 15295
Recommendation:
That the Honorable City Council approve the full release of the Landscaping Maintenance Assessment District (LMAD) Faithful Performance Security for Tract Map No. 15295.
Fiscal Impact:
There is no fiscal impact as a result of this action.
Strategic Plan Goal:
This item aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. Although this is not a Capital Improvement Project, we apply the same strategy to private development projects as they are essential in meeting the community’s needs.
Background:
Tract Map No. 15295 (referred to as Tract 15295) is an 82-lot single-family subdivision located west of Highway 395 and north of Eucalyptus Street. In 2006, Savannah Collection – Victorville, LLC (Savannah Collection), the original subdivider for Tract 15295, recorded the map after entering into a Subdivision Improvement Agreement (SIA) and posting securities for the required public improvements. While Savannah Homes completed most of the public improvements, construction was halted due to an economic downturn that affected the residential market. As a result, no homes were built, and the lots remained vacant. In April 2021, D.R. Horton Los Angeles Holding Company, Inc., a California corporation (D.R. Horton), acquired the property and began development of Tract 15295. The conditions of approval for the tract required that the developer finalize various infrastructure components; those components being water, sewer, drainage, street, landscaping maintenance assessment district (LMAD) and monumentation improvements.
4 2
6 7
The developer has made significant progress in the development of the tract, and at the regular City Council meeting held on August 20, 2024, the City Council approved and accepted the completed Landscaping Maintenance Assessment District (LMAD) Public Improvements along Eucalyptus Street.
Discussion:
Per Victorville Municipal Code Section 17.64.070(4), the remaining 20% of the Faithful Performance security were held for a one-year warranty period. Therefore, staff recommends the full release of the Landscape Assessment District (LMAD) Public Improvements Faithful Performance security due to the acceptance taking place at the August 20, 2024, regular City Council meeting and there are no outstanding warranty items.
Staff is available for any questions Council may have.
Prepared By:
Nicoale Sylvestre, Management Specialist
Attachments: A. Vicinity Map
B. Securities Table
C. Existing Securities
ADELANTO
PALMDALE RD.
TRACT 15295
VICINITY MAP
'ACTOR'ALLE
MOJAVE DR.
H OK
SENECA
DOS PALMAS RD.
a:: §} 0 ci 3: LA
5 < <
� RD.
HESPERIA
VICINITY MAP
NOT TO SCALE
Attachment B
Securities Table
Securities Table
Water, Sewer, Drainage, Street, LMAD & Monumentation Bond Totals:
Faithful Performance Security
Water Improvements – No. SUR0067931 Labor & Materials Security Water Improvements – No. SUR0067931
Amount of ORIGINAL Security: $255,152.70 Amount of ORIGINAL Security: $127,576.35 Amount of Security CURRENTLY: $0.00 Amount of Security CURRENTLY: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $0.00 Amount of Security REMAINING: $0.00 Faithful Performance Security
Sewer Improvements – No. SUR0067931 Labor & Materials Security Sewer Improvements – No. SUR0067931
Amount of ORIGINAL Security: $71,824.50 Amount of ORIGINAL Security: $35,912.25 Amount of Security CURRENTLY: $0.00 Amount of Security CURRENTLY: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $0.00 Amount of Security REMAINING: $0.00 Faithful Performance Security
Drainage Improvements – No. SUR0067931 Labor & Materials Security Drainage Improvements – No. SUR0067931
Amount of ORIGINAL Security: $3,619.55 Amount of ORIGINAL Security: $1,809.78 Amount of Security CURRENTLY: $3,619.55 Amount of Security CURRENTLY: $1,809.78 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $3,619.55 Amount of Security REMAINING: $1,809.78 Faithful Performance Security
Street Improvements – No. SUR0067931 Labor & Materials Security Street Improvements – No. SUR0067931
Amount of ORIGINAL Security: $1,504,188.84 Amount of ORIGINAL Security: $752,094.42 Amount of Security CURRENTLY: $601,675.54 Amount of Security CURRENTLY: $752,094.42 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $601,675.54 Amount of Security REMAINING: $752,094.42 Securities Table
Water, Sewer, Drainage, Street, LMAD & Monumentation Bond Totals:
Developer:
D.R. Horton Los Angeles Holding Company, Inc.
980 Montecito Drive Suite 300
Corona, Ca 92879
Faithful Performance Security
LMAD – No. SUR0067931 Labor & Materials Security
LMAD – No. SUR0067931
Amount of ORIGINAL Security: $563,051.94 Amount of ORIGINAL Security: $281,525.97 Amount of Security CURRENTLY: $112,610.39 Amount of Security CURRENTLY: $0.00 Amount of Security being REDUCED: $112,610.39 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $0.00 Amount of Security REMAINING: $0.00
Faithful Performance Security
Monumentation Improvements – No. SUR0067931
Amount of ORIGINAL Security: $5,368.00
Amount of Security CURRENTLY: $5,368.00
Amount of Security being REDUCED: $0.00
Amount of Security REMAINING: $5,368.00
Item Number: 11
City Council / Board of Directors
Consent Calendar
Meeting of: August 19, 2025
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Reduction of Securities for Tract Map No. 15896-1
Recommendation:
That the Honorable City Council approve the full release of the Faithful Performance Securities for Water, Drainage, and Sewer Improvements for Tract Map No. 15896-1.
Fiscal Impact:
There is no fiscal impact as a result of this action.
Strategic Plan Goal:
This item aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. Although this is not a Capital Improvement Project, we apply the same strategy to private development projects as they are essential in meeting the community’s needs.
Background:
Tract Map No. 15896-1 (Tract 15896-1) is a 37-lot single-family subdivision located at the northwest corner of Nisqualli Road and 9th Avenue. KB Homes Coastal, Inc. (hereinafter referred to as KB Homes) acquired Tract 15896-1 from Javid Investments, LLC; Royal Investors Group, LLC; and Shayan Capital, LLC on January 16, 2020. The conditions of approval for the tract required that the developer finalize various infrastructure components; those components being water, drainage, sewer, and street improvements.
The developer has made significant progress in the development of the tract, and at the regular City Council meeting held on August 20, 2024, the City Council approved and accepted the completed water, drainage, sewer, and street improvements.
Discussion:
In accordance with Victorville Municipal Code Section 17.64.070(3), the remaining 20- percent of the Faithful Performance Securities were held for a one-year warranty period. 4 2
7 0
Therefore, staff recommends the full release of Water, Drainage and Sewer Improvement Faithful Performance Securities for Tract Map No. 15896-1 as the acceptance of the improvements took place at the regular City Council meeting held on August 20, 2024.
The remaining release for the street improvements will be completed in a future meeting as KB Homes is currently addressing a warranty item.
Staff is available for any questions Council may have.
Prepared By:
Nicoale Sylvestre, Management Specialist
Attachments: A. Vicinity Map
B. Securities Table
C. Existing Securities
Attachment B
Securities Table
Securities Table
Developer:
KB Home Coastal, Inc.
36310 Inland Valley Drive
Wildomar, CA 92595
Streets Faithful Performance Security
Public Improvements – No. 0232147
Streets Labor & Materials Security
Public Improvements – No. 0232147
Amount of ORIGINAL Security: $447,881.74 Amount of ORIGINAL Security: $223,940.87 Amount of Security CURRENTLY: $89,576.35 Amount of Security CURRENTLY: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $89,576.34 Amount of Security REMAINING: $0.00 Water Faithful Performance Security
Public Improvements – No. 0232147
Water Labor & Materials Security
Public Improvements – No. 0232147
Amount of ORIGINAL Security: $25,765.30 Amount of ORIGINAL Security: $12,882.65 Amount of Security CURRENTLY: $5,153.06 Amount of Security CURRENTLY: $0.00 Amount of Security being REDUCED: $5,153.06 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $0 Amount of Security REMAINING: $0.00 Drainage Faithful Performance Security
Public Improvements – No. 0232147
Drainage Labor & Materials Security
Public Improvements – No. 0232147
Amount of ORIGINAL Security: $3,520.00 Amount of ORIGINAL Security: $1,760.00 Amount of Security CURRENTLY: $704.00 Amount of Security CURRENTLY: $0.00 Amount of Security being REDUCED: $704.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $0 Amount of Security REMAINING: $0.00 Sewer Faithful Performance Security
Public Improvements – No. 0232147
Sewer Labor & Materials Security
Public Improvements – No. 0232147
Amount of ORIGINAL Security: $3,960.00 Amount of ORIGINAL Security: $1,980.00 Amount of Security CURRENTLY: $792.00 Amount of Security CURRENTLY: $0.00 Amount of Security being REDUCED: $792.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $0 Amount of Security REMAINING: $0.00
Item Number: 12
City Council / Board of Directors
Consent Calendar
Meeting of: August 19, 2025
Submitted By:
Andre de Bortnowsky, City Attorney
Subject:
Citation Settlement Agreement between City of Victorville and Jiachen Li Recommendation:
That the Honorable City Council:
(1) Approve the Citation Settlement Agreement by and between Jiachen Li and the City of Victorville regarding Citation No. 41037; and
(2) Authorize the City Manager to execute the Citation Settlement Agreement.
Fiscal Impact:
The City will recover its outstanding cost recovery fees of $8,303.15. This amount is allocated to the account as reflected below:
Account No. Description Amount
1004030-44350 Code Compliance – Cost Recovery $8,303.15 The City will recover $23,496.85 in fines on the Citation. This amount is allocated to the account as reflected below:
Account No. Description Amount
1004030-47140 Code Compliance – Admin Citations $23,496.85 Background:
On December 17, 2019, the City of Victorville (“City”) adopted Ordinance No. 2400 amending the Victorville Municipal Code (“VMC”) to include Section 13.150.060. VMC Section 13.150.060 became effective on January 1, 2020, and provides an administrative Citation and fine structure for excess cannabis cultivation within the City limits. The State of California allows for the cultivation of up to six (6) cannabis plants at a residential property. VMC Section 13.150.060(c) prohibits cultivation of cannabis in excess of six (6) allowable cannabis plants.
4 2
7 2
In recent history, the City’s Police and Code Compliance Departments have encountered excess cannabis cultivation operations inside residential homes. A typical excess cannabis cultivation within the City has ranged from approximately 200 to 2,000 cannabis plants being cultivated inside a residential home. These excess cannabis cultivation operations result in substantial damage to the interior of the home. Although the prohibition of excess cannabis cultivation applies to commercial properties within City limits as well as homes, the majority of these types of illegal cannabis cultivation operations occur inside residential properties.
The City’s Police and Code Compliance Departments investigate excess cannabis cultivation operations. These departments issue citations to the property owner or responsible party. The City’s Building Department, along with the Police and Code Compliance Departments, work to secure the residence, record building and safety violations present at the property that are the result of the excess cannabis cultivation, stabilize the utilities, and remove the cannabis from the home. The City incurs abatement costs related to the work completed by City departments stemming from the cannabis removal and securing the residential or commercial structure.
The administrative citation and fine process defined in VMC Section 13.150.060 is one way the City combats excessive cannabis cultivations within its City limits. Enforcement of the City’s excess cannabis cultivation ordinance is intended to protect the health, welfare, and safety of the City’s residents from the public nuisance conditions associated with these properties.
Discussion:
Jiachen Li owns property in the City of Victorville at 15439 Tawney Ridge Lane (“Property”). An excess cannabis cultivation operation was found inside the Property in April of 2025. The City issued Citation No. 41037 (the “Citation”) to Jiachen Li for violation of VMC Section 13.150.060(c). The City’s Code Compliance, Police, and Building Departments abated the cannabis and addressed dangerous conditions present at the Property.
Pursuant to the authority given by the City Council to the City Attorney to waive the penalties and offer a discount on the base fine amount, Jiachen Li has accepted the terms of the attached Citation Settlement Agreement wherein he will pay to the City the sum of $31,800.00 and the City will waive the penalties, interest, and other fees that have accrued since the issuance of the Citation. Prior to the issuance of a rental property business license, Jiachen Li will be required to obtain a valid rehabilitation permit from the City's Building Department to bring the Property into compliance in accordance with the Adopted California Building Code.
As the attached Citation Settlement Agreement is consistent with the authority previously given to the City Attorney by the City Council, staff and the City Attorney’s Office respectfully recommend that the City Council approve the Agreement and authorize the City Manager to execute same.
4 2
7 2
Attachments: A. Citation Settlement Agreement
Attachment A
Citation Settlement
Agreement
Citation Settlement Agreement Page 1
CITATION SETTLEMENT AGREEMENT
THIS CITATION SETTLEMENT AGREEMENT (the “ Agreement”) dated __________________ for reference purposes only is entered by and between the CITY OF VICTORVILLE, a California municipal corporation and charter city (hereinafter “City”), and JIACHEN LI (hereinafter "Defendant"). City and Defendant are at times collectively referred to hereinafter as the "Parties" and individually as a “Party”.
RECITALS
WHEREAS, Defendant is the owner of a residential property located at 15439 Tawney Ridge Lane, Victorville, California, 92394 (hereinafter the “Property”); and
WHEREAS, Defendant is the person in full charge and control of the Property; and
WHEREAS, Defendant has been issued Citation N o. 41037 (hereinafter the “Citation”) by the City of Victorville Code Enforcement Division, for violating Victorville City Municipal Code Section 13.150.060(c) pertaining to excess cannabis cultivation at the Property as well as ongoing property maintenance violations including C ODE25- 01528; and
WHEREAS, Defendant has incurred total administrative fines and penalties in the amount of Sixty -Two Thousand Dollars ($62,000.00) ( hereinafter the “ Citation Fine Amounts”) as well as cost recovery fees in the sum of Eight Thousand Three Hundred and Three Dollars and Fifteen Cents ($8,303.15) (hereinafter the “Cost Recovery Fees”); and
WHEREAS, the Parties believe that it is in their best interest to settle the Citation, the Citation Fine Amounts, and the Cost Recovery Fees in the manner set forth in this Agreement; and
NOW THEREFORE , in consideration of the mutual promises and releases contained herein, and for other good and valuable consideration, receipt of which is hereby acknowledged, the Parties agree as follows:
AGREEMENT
SECTION 1. DEFENDANT’S OBLIGATIONS
1.1 Defendant agrees to and shall take the following steps immediately following the date of execution of this Agreement:
• Defendant shall pay as total settlement of the Citation Fine Amounts and Cost Recovery Fees the amount of Thirty-One Thousand Eight Hundred Dollars ($31,800.00) (the “Settlement Amount”), to be paid in accordance with the following
Citation Settlement Agreement Page 2
hereinafter “Payment Plan”:
September 1, 2025 $5,300.00
October 1, 2025 $5,300.00
November 1, 2025 $5,300.00
December 1, 2025 $5,300.00
January 1, 2026 $5,300.00
February 1, 2026 $5,300.00
• Defendant shall comply with all requirements in the Notice of Violation issued by the City of Victorville Code Enforcement Division, Case No. CODE 25- 01528.
• Defendant shall repair the Property under a City Building permit including certifying that the property/structure is free of any mold or pesticides generated and used to support the cannabis cultivation.
• If the Defendant intends to rent the Property , Defendant shall submit an application for a City of Victorville Rental Business License with the City’s Business License division within 45 days after execution of this A greement. The City of Victorville Rental Business License shall remain current and active when renting/leasing this investment Property.
• Defendant agrees to surrender an issued City Business license forthwith if the rental business/ property is used to grow cannabis exceeding the state allowable limit.
• The Defendant and his agents shall not use or allow the Property to be used in a manner which violates Victorville Municipal Code Section 13.150.060(c).
SECTION 2. CITY’S OBLIGATIONS
The City , upon receipt and clearance of all payments in accordance with the Payment Plan above, and the full rehabilitation of the Property with a final inspection and approval by the City, shall execute all documents necessary to release the Notice of Pendency recorded against the Property.
SECTION 3. REMEDIES FOR FAILURE TO COMPLY
Defendant’s failure to comply with Section 1 of this Agreement shall entitle the City to: (1) initiate proceedings in Superior Court to enforce this Agreement; (2) and/or at the City’s option, initiate proceedings in the Superior Court to recover the full Citation Fine Amounts; and/or (3) to revoke Defendant’s Business License; and/or (4) take any other legal remedy available under law or equity to the City. In any action to enforce the terms of this Agreement, the prevailing Party will be entitled to its attorneys’ fees and costs incurred.
Citation Settlement Agreement Page 3
SECTION 4. NOTICE
Any notice or communication required hereunder between City and Defendant shall be in writing and may be given by both regular United States Mail and by certified mail, return-receipt requested. Notice or communications shall be deemed to have been given on the date of mailing. Any Party hereto may at any time, upon written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Notices or communications given direc tly between the Parties shall only be sent to the other P arty. Notices or communications given by legal counsel shall only be served upon legal counsel for the other Party. Such notices or communications shall be given to the Parties at their respective addresses set forth below:
To City: Jorge Duran, Code Enforcement Manager
City of Victorville
14343 Civic Drive
PO Box 5001
Victorville, CA. 92393-500
To City’s Counsel: Robert V. Lyle, Deputy City Attorney City of Victorville
30077 Agoura Court, Suite 210
Agoura Hills, California 91301
Defendant: Jiachen Li
15439 Tawney Ridge Lane
Victorville, California 92394
SECTION 5. MODIFICATIONS
Neither this Agreement, nor any term or provision thereof, may be waived, modified, or amended except by written agreement signed by all Parties.
SECTION 6. JOINTLY DRAFTED
It is agreed to by and between the Parties that this Agreement was jointly negotiated and jointly drafted by the Parties, and that it shall not be interpreted or construed in favor or against either Party on the ground that said Party drafted the Agreement. The language of this Agreement shall be construed as a whole according to its fair and logical meaning and not strictly for or against any of the Parties.
Citation Settlement Agreement Page 4
SECTION 7. RIGHT TO SEEK INDEPENDENT LEGAL COUNSEL
Each Party acknowledges that it has had the right to retain independent legal counsel of its own choice throughout all the negotiations which preceded the execution of this Agreement, and that each Party has executed this Agreement voluntarily and with a full understanding of each and every term of the Agreement whether or not with the consent and on the advice of such independent legal counsel.
SECTION 8. SEVERABILITY
If any part of this Agreement is found by a court of competent jurisdiction to be unlawful or not effective, the remainder of this Agreement shall remain in full force and effect.
SECTION 9. COUNTERPARTS
This Agreement may be executed in one or more identical counterparts, each of which shall be deemed to be an original hereof. Signatures via facsimile or otherwise transmitted electronically are authorized and shall be deemed original signatures. The original “wet” signatures shall be sent to the City Attorney’s office for execution of the Settlement Agreement by the City.
SECTION 10. WAIVER
A waiver of any provision of this Agreement by any of the Parties shall not be deemed a waiver of such provision either before or thereafter and shall not be deemed a waiver of any other provision of this Agreement.
SECTION 11. EFFECTIVE DATE
This Agreement shall become effective only following ratification by the City Council of Victorville and execution by each of the persons and entities set forth on the signature page, provided the City of Victorville signs last. The date the Mayor or the City Manager executes this Agreement shall be the effective date.
SECTION 12. TIME IS OF THE ESSENCE
Time is of the essence with respect to any act or performance under this Agreement.
[END OF THIS PAGE-SIGNATURE PAGE FOLLOWS]
Citation Settlement Agreement Page 5
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective the day and year first written above.
CITY OF VICTORVILLE
By: ____________________________
Keith C. Metzler
City Manager
Date:__________________________
APPROVED AS TO FORM:
By: ____________________________
Robert V. Lyle
Deputy City Attorney
ATTEST:
By: ____________________________
Jennifer Thompson
City Clerk
DEFENDANT
By:____________________________
Jiachen Li
Defendant
Date:__________________________
Item Number: 13
City Council / Board of Directors
Consent Calendar
Meeting of: August 19, 2025
Submitted By:
Andre de Bortnowsky, City Attorney
Subject:
Citation Settlement Agreement between City of Victorville and Randy Weng Recommendation:
That the Honorable City Council:
(1) Approve the Citation Settlement Agreement by and between Randy Weng and the City of Victorville regarding Citation No. 29818; and
(2) Authorize the City Manager to execute the Citation Settlement Agreement.
Fiscal Impact:
The City will recover its outstanding cost recovery fees of $1,035.00. This amount is allocated to the account as reflected below:
Account No. Description Amount
1004030-44350 Code Compliance – Cost Recovery $1,035.00 The City will recover $102,270.00 in fines on the Citation. This amount is allocated to the account as reflected below:
Account No. Description Amount
1004030-47140 Code Compliance –Admin Citations $102,270.00 Background:
On December 17, 2019, the City of Victorville (“City”) adopted Ordinance No. 2400 amending the Victorville Municipal Code (“VMC”) to include Section 13.150.060. VMC Section 13.150.060 became effective on January 1, 2020, and provides an administrative Citation and fine structure for excess cannabis cultivation within the City limits. The State of California allows for the cultivation of up to six (6) cannabis plants at a residential property. VMC Section 13.150.060(c) prohibits cultivation of cannabis in excess of six (6) allowable cannabis plants.
4 2
7 7
In recent history, the City’s Police and Code Compliance Departments have encountered excess cannabis cultivation operations inside residential homes. A typical excess cannabis cultivation within the City has ranged from approximately 200 to 2,000 cannabis plants being cultivated inside a residential home. These excess cannabis cultivation operations result in substantial damage to the interior of the home. Although the prohibition of excess cannabis cultivation applies to commercial properties within City limits as well as homes, the majority of these types of illegal cannabis cultivation operations occur inside residential properties.
The City’s Police and Code Compliance Departments investigate excess cannabis cultivation operations. These departments issue citations to the property owner or responsible party. The City’s Building Department, along with the Police and Code Compliance Departments, work to secure the residence, record building and safety violations present at the property that are the result of the excess cannabis cultivation, stabilize the utilities, and remove the cannabis from the home. The City incurs abatement costs related to the work completed by City departments stemming from the cannabis removal and securing the residential or commercial structure.
The administrative citation and fine process defined in VMC Section 13.150.060 is one way the City combats excessive cannabis cultivations within its City limits. Enforcement of the City’s excess cannabis cultivation ordinance is intended to protect the health, welfare, and safety of the City’s residents from the public nuisance conditions associated with these properties.
Discussion:
Randy Weng owns property in the City of Victorville at 13756 Mesa Linda (“Property”). An excess cannabis cultivation operation was found inside the Property in March of 2023.
The City issued Citation No. 29818 (the “Citation”) to Randy Weng for violation of VMC Section 13.150.060(c). The City’s Code Compliance, Police, and Building Departments abated the cannabis and addressed dangerous conditions present at the Property.
Pursuant to the authority given by the City Council to the City Attorney to waive the penalties and offer a discount on the base fine amount, Randy Weng has accepted the terms of the attached Citation Settlement Agreement wherein he will pay to the City, with the proceeds of the sale of the Property, the sum of $103,305.00 and the City will waive the penalties, interest, and other fees that have accrued since the issuance of the Citation.
Prior to the release of the lien and close of escrow, Randy Weng will be required to rehabilitate the Property in compliance with the Settlement Agreement and the Adopted California Building Code.
As the attached Citation Settlement Agreement is consistent with the authority previously given to the City Attorney by the City Council, staff, and the City Attorney’s Office respectfully recommend that the City Council approve the Agreement and authorize the City Manager to execute same.
4 2
7 7
Prepared By:
Robert Lyle
Attachments: A. Citation Settlement Agreement
Attachment A
Citation Settlement
Agreement
Item Number: 14
City Council / Board of Directors
Consent Calendar
Meeting of: August 19, 2025
Submitted By:
Alex Jauregui, City Planner
Subject:
Wellness Center Quarterly Report
Recommendation:
That the Honorable City Council review and file the attached Wellness Center Quarterly Report.
Fiscal Impact:
There is no fiscal impact associated with this item.
Strategic Plan Goal:
This item aligns with Strategic Plan Goal D, Reducing Homelessness. The City completed construction of the Wellness Center Campus and began serving clients on December 12, 2023. The Planning Department's Homelessness Solutions staff monitors the Wellness Centers operations, ensuring successful outcomes in all areas including shelter operations, recuperative care, supportive services, medical care, outreach coordination, and wraparound supportive services.
Background:
On February 6, 2024, the Honorable City Council requested to have quarterly reports regarding the progress of the Wellness Center.
Discussion:
As part of the City’s ongoing efforts to achieve the strategies outlined in the adopted Strategic Plan for Reducing Homelessness, this Quarterly Report (Attachment A) summarizes the operational progress made at the Wellness Center for the period of April through June of 2025. Staff will continue providing this reporting on a quarterly basis to present key Wellness Center activities, highlights, and operational performance indicators. Staff remains available for any questions you may have. 4 2
7 9
Prepared By:
Alex Jauregui, City Planner
Edward Amaya, Homelessness Solutions Coordinator
Sarah St. Louis, Management Technician
Attachments: A. Wellness Center Quarterly Report
Attachment A
Wellness Center Quarterly Report
QUARTERLYREPORT
April - June
2025Planning Department -
Homelessness Solutions & Housing
WELLNESS CENTER
The journey from homelessness to housing reflects
profound resilience, characterized by numerous
struggles and small victories. Each day poses unique
challenges for individuals navigating the harsh realities of life on the streets, often feeling isolated in their fight for survival. The Wellness Center serves as a beacon of hope, striving to be more than just a shelter; we are
dedicated to holistic well-being.
This quarter has been particularly successful, with 42
individuals graduating into permanent housing
solutions, making it the most impactful period to date.
The Wellness Center has successfully integrated families onto the campus, already securing stable interim
housing for many families. The community garden
project has begun, incorporating renderings from a
Wellness Center client and collaborating with county
public health to promote wellness and sustainability.
Additionally, preparations are underway to begin the
City’s CDBG-funded vehicle grant program, and the
Encampment Resolution Fund (ERF-3) Motel Voucher
Program. Both programs empower clients to achieve
greater independence. The Wellness Center continues
to provide valuable insights into addressing
homelessness in the desert region, positioning itself as a model for other cities looking to improve their
continuum of care.
As spring comes to a close, the City is proud to reflect on the transformative growth and successes achieved
at the Wellness Center. A dedicated team, which
includes the Symba Center, and City staff, has worked
collaboratively to build on clients’ strengths, enabling a record number to transition to permanent housing
solutions.
2 OVERVI EW
3 L i l l i a n L .
A f t e r e x p e r i e n c i n g h o m e l e s s n e s s , L i l l i a n , h a s s e c u r e d s t a b l e h o u s i n g a n d a f r e s h s t a r t — t h a n k s t o h e r d e t e r m i n a t i o n a n d t h e s u p p o r t o f t h e W e l l n e s s C e n t e r . L i l l i a n ’ s j o u r n e y h a s n ’ t b e e n e a s y . S h e f a c e d a s e r i e s o f c h a l l e n g e s . D e s p i t e t h e h a r d s h i p s , s h e r e m a i n e d h o p e f u l a n d w o r k e d c l o s e l y w i t h S y m b a o u t r e a c h w o r k e r s a n d h e r C a s e M a n a g e r w h o h e l p e d h e r g a i n a c c e s s t o v i t a l r e s o u r c e s a n d e v e n t u a l l y t r a n s i t i o n i n t o p e r m a n e n t h o u s i n g . L i l l i a n ’ s n e w h o m e r e p r e s e n t s m o r e t h a n j u s t f o u r w a l l s . I t ’ s a s y m b o l o f s a f e t y , d i g n i t y , a n d t h e o p p o r t u n i t y t o r e b u i l d . S h e n o w p l a n s t o f o c u s o n h e r h e a l t h , r e c o n n e c t w i t h l o v e d o n e s , a n d o n e d a y w a n t s t o a d v o c a t e f o r o t h e r s w h o a r e s t i l l u n h o u s e d .
D’Markus M.
After more than a year of living in shelters and on the streets, D’Markus, a man with a quiet strength and unwavering determination, has secured permanent housing. D’Markus’s path to stability was filled with obstacles.
Still, he never gave up. With the help of a local outreach team and the ERF-3 Rapid Rehousing Program, he was connected to supportive services that guided him step by step into an apartment in Adelanto.
D’Markus was able to earn his security guard card and Peer Support Specialist certificate while he was at the Wellness Center. Now settled in his apartment, D’Markus is focusing on rebuilding his life and seeking steady employment. His story is a testament to the power of second chances and the impact of the City of Victorville’s Wellness Center programs that meet people where they are.
CLI ENT
SUCCESSES
DEMOGRAPHICS
Whit e
3 7.9%
Hispanic/Multir acial
31 .6 %
Black , African American, or African
28 .7 %
Other
1 .8 %
Male
50 .4 %
F emale
48 .9%
T r ansg ender
0 .7 %
55+
36 %
25-44
33 .1 %
45-54
18 .4 %
Under 18
8 .8 %
* T A Y (18 -2 4)
3 .7 %
R a c e D a t a
A g e R a n g e
G e n d e r D a t a
4 * T A Y - t r a n s i t i o n a l - a g e d y o u t h April Ma y June
0 5
1 0
15 20
April Ma y June
0 1 0
20 30
40 50
60 INTAKES
HOUSING SOLUTIONS
AVERAGE
OCCUPANCY
5 42 Clients Housed
137 Intakes Completed
168
INTAKES AND
HOUSING
G A B B Y P E D R O Z A
6 EMPLOYEE
J O E Y M E D I N A
S p o tl i g h t
Joey Medina, a Code Enforcement Officer
assigned to the City's Homeless Engagement
Team, supports the Wellness Center and
Homeless Solutions division with outreach and
engagement of our unsheltered population. As a
member of the City's Homeless Engagement
Team, some of Joey's many tasks, are to provide
client centered case management while
outreaching, as well as providing resources and
referrals to all unhoused and eligible/suitable
potential participants to the Wellness Center. Joey
has recently trained and become fully integrated
with multiple homeless management information
and data entry systems.
This month, we’re proud to spotlight Gabriela for
her outstanding contributions to housing
navigation at the Wellness Center. Gabriela has
played a key role in securing at least four
successful housing program completions within
the past month alone, demonstrating her
commitment to person-centered care and
housing-first principles. Her consistent follow-
through, problem-solving skills, and deep rapport
with participants continue to open doors—both
literally and figuratively. In total, Gabriela has
supported 19 overall housing completions (and
counting) at the Wellness Center, helping
individuals transition from interim shelter to
stable, long-term housing. With several more
completions in progress for the coming weeks,
her impact continues to grow. We’re incredibly
grateful for her leadership, heart, and the hope
she brings to each participant’s journey.
COMMUNITY
G A R D E N
P l a n n i n g a n d i m p l e m e n t a t i o n o f t h e c o m m u n i t y g a r d e n a t t h e W e l l n e s s C e n t e r h a s p r o g r e s s e d w i t h s u p p o r t f r o m t h e C a l F r e s h H e a l t h y L i v i n g G r a n t , S a n B e r n a r d i n o C o u n t r y
D e p a r t m e n t o f P u b l i c H e a l t h ,
N u t r i t i o n a n d W e l l n e s s S e r v i c e s ( S B C D P H N W S ) . T h r o u g h t h i s f u n d i n g , t h e W e l l n e s s C e n t e r r e c e i v e d
m a t e r i a l s f o r s i x s t a n d a r d w o o d e n g a r d e n b e d s a n d t w o A D A - c o m p l i a n t r a i s e d b e d s , a s w e l l a s s o i l ,
c o m p o n e n t s f o r t w o d r i p i r r i g a t i o n s y s t e m s , a n d e s s e n t i a l g a r d e n i n g t o o l s i n c l u d i n g s h o v e l s a n d h a n d t o o l s . A g a r d e n t o o l c a d d y a n d
a d d i t i o n a l s m a l l t o o l s h a v e a l s o b e e n p u r c h a s e d .
I n c o l l a b o r a t i o n w i t h U n i v e r s i t y o f C a l i f o r n i a C o o p e r a t i v e E x t e n s i o n , S a n B e r n a r d i n o a n d t h e M a s t e r G a r d e n e r P r o g r a m , S B C D P H N W S , a n d t h e
M o j a v e D e s e r t R e s o u r c e C o n s e r v a t i o n D i s t r i c t , p r o j e c t p l a n n i n g m e e t i n g s h a v e t a k e n p l a c e t o f i n a l i z e n e x t s t e p s , i n c l u d i n g a d d i t i o n a l s o i l n e e d s , i r r i g a t i o n i n s t a l l a t i o n , a n d p l a n t / s e e d s e l e c t i o n . C o o r d i n a t i o n e f f o r t s c o n t i n u e t o e n s u r e t h e g a r d e n i s f u l l y i n t e g r a t e d i n t o t h e W e l l n e s s C e n t e r ’ s h o l i s t i c a p p r o a c h t o w e l l n e s s a n d r e c o v e r y .
7 LEGAL AID SERVICES
The Legal Aid Society of San Bernardino continues to provide on-site legal services to individuals at the Wellness Center. As an organization serving over 19,000 low- income residents annually across San Bernardino and Riverside Counties, Legal Aid Society plays a vital role in removing legal barriers that often contribute to or prolong homelessness. A paralegal is now available at the Wellness Center two days per week. Services offered include support with expungements, eviction defense, debt collection, and family law matters—ensuring clients receive critical legal assistance directly where they receive care and housing support.
H a v i n g t h e L e g a l A i d S o c i e t y o f S a n B e r n a r d i n o e m b e d d e d w i t h i n t h e s h e l t e r e n s u r e s c l i e n t s h a v e i m m e d i a t e a c c e s s t o l e g a l a s s i s t a n c e , h e l p i n g t h e m a d d r e s s b a r r i e r s s u c h a s i d e n t i t y d o c u m e n t r e p l a c e m e n t a n d u n l a w f u l e v i c t i o n s — a l l o f w h i c h c a n d e l a y h o u s i n g s t a b i l i t y .
O n - S i t e A c c e s s t o J u s t i c e
L e g a l s u p p o r t e m p o w e r s c l i e n t s t o a s s e r t t h e i r r i g h t s , n a v i g a t e c o m p l e x s y s t e m s , a n d r e s o l v e l e g a l i s s u e s t h a t o f t e n c o n t r i b u t e t o o r p r o l o n g h o m e l e s s n e s s , f o s t e r i n g g r e a t e r s e l f - s u f f i c i e n c y a n d c o n f i d e n c e i n r e b u i l d i n g t h e i r l i v e s .
E m p o w e r T h r o u g h A d v o c a c y
E m b e d d i n g l e g a l a i d w i t h i n a s h e l t e r e n v i r o n m e n t p r o m o t e s a h o l i s t i c , w r a p a r o u n d s e r v i c e a p p r o a c h — e n s u r i n g l e g a l s u p p o r t i s c o o r d i n a t e d w i t h c a s e m a n a g e m e n t , h o u s i n g n a v i g a t i o n , a n d b e h a v i o r a l h e a l t h s e r v i c e s t o a c c e l e r a t e c l i e n t s ’ p a t h s t o w a r d p e r m a n e n t h o u s i n g .
I n t e g r a t e d S e r v i c e M o d e l
26 On-Site Service Days
During this reporting period
8 R A P I D R E - H O U S I N G
Rapid Rehousing is a critical intervention designed to quickly connect individuals and families experiencing homelessness with permanent housing. In broad terms, rapid re-housing means helping someone move out of a shelter or off the streets and into their own home quickly by providing short-term rental assistance and supportive services like case management and housing navigation. It’s a practical, cost- effective solution that stabilizes lives and reduces the risk of long-term homelessness.
A n a l y z e n e e d s a n d o u t c o m e s t o g u i d e e x p a n s i o n a n d d e m o n s t r a t e i m p a c t . C u s t o m i z e s e r v i c e s t o m e e t t h e n e e d s o f s p e c i f i c p o p u l a t i o n s a n d c o m m u n i t i e s . E n s u r e S y m b a C e n t e r h a s a l l t h e t o o l s t o r e s o l v e t h e e x p e n s e s o f u n s h e l t e r e d p e o p l e l i v i n g i n e n c a m p m e n t a r e a s .
C i t y E f f o r t s
S y m b a C e n t e r ’ s t e a m h a s t a k e n p r o a c t i v e s t e p s t o b u i l d r e l a t i o n s h i p s w i t h l o c a l l a n d l o r d s , a c r i t i c a l c o m p o n e n t o f t h e R a p i d R e h o u s i n g m o d e l . B y s t r e n g t h e n i n g t h e s e p a r t n e r s h i p s , t h e y a r e h e l p i n g t o e x p a n d t h e p o o l o f a v a i l a b l e h o u s i n g u n i t s a n d r e d u c e b a r r i e r s f o r c l i e n t s w i t h l i m i t e d r e n t a l h i s t o r y o r f i n a n c i a l c h a l l e n g e s .
H o u s i n g O p p o r t u n i t i e s
C o n t i n u e d i n v e s t m e n t i n R a p i d R e h o u s i n g i s e s s e n t i a l t o p r o v i d i n g t h o s e i n n e e d w i t h a c l e a r , s u p p o r t e d p a t h w a y t o h o u s i n g s t a b i l i t y a n d l o n g - t e r m i n d e p e n d e n c e .
C o n t i n u e d I n v e s t m e n t
9 E R F - 3
50 Participants Housed
ERF-3 MOTEL
VOUCHER PROGRAM
For cities addressing homelessness, motel vouchers are a critical tool. They provide flexible, immediate shelter options for those who might otherwise remain unsheltered, particularly in regions where shelter capacity is limited. By prioritizing dignity, safety, and rapid connection to services, Victorville’s ERF-3 Motel Voucher Program exemplifies a compassionate and strategic approach to addressing homelessness in real time.
T h e C i t y ’ s E R F - 3 M o t e l V o u c h e r P r o g r a m s e r v e s a s a c r i t i c a l s a f e t y n e t f o r i n d i v i d u a l s a n d f a m i l i e s u n a b l e t o a c c e s s t h e W e l l n e s s C e n t e r d u e t o s p a c e o r o t h e r b a r r i e r s , w i t h a f o c u s o n s e c u r i n g p e r m a n e n t h o u s i n g .
H i g h - N e e d S i t u a t i o n s
D u r i n g t h e w i n t e r m o n t h s , t h e p r o g r a m p r o v i d e d i m m e d i a t e s h e l t e r t o d o z e n s o f p e o p l e , w h i l e a l s o l i n k i n g t h e m t o c a s e m a n a g e m e n t a n d h o u s i n g n a v i g a t i o n s e r v i c e s f o r c o n t i n u e d s u p p o r t .
S t a b i l i z e a n d S e r v i c e C o n n e c t i o n M a n y v o u c h e r r e c i p i e n t s h a v e s i n c e t r a n s i t i o n e d t o l o n g e r - t e r m h o u s i n g , d e m o n s t r a t i n g t h e p r o g r a m ’ s v a l u e n o t j u s t a s a n e m e r g e n c y s o l u t i o n , b u t a s a k e y s t e p t o w a r d p e r m a n e n t s t a b i l i t y .
P a t h w a y t o H o u s i n g
39 Individuals
Sheltered
16 Transitioned
to positive
destinations
6 Families
assisted
10 C l i e n t e n g a g e m e n t i s e s s e n t i a l t o t h e W e l l n e s s C e n t e r ’ s
s u c c e s s , w i t h p e e r s u p p o r t s
p l a y i n g a c e n t r a l r o l e . T h e i r
l i v e d e x p e r i e n c e f o s t e r s t r u s t , b u i l d s c o n n e c t i o n , a n d
e m p o w e r s c l i e n t s t o a c t i v e l y
p a r t i c i p a t e i n t h e i r o w n p a t h t o s t a b i l i t y a n d h e a l i n g .
DATA
HIGHLIGHTS
At the Wellness Center, the majority of chronically
homeless individuals enter without income and
struggle with co-occurring mental health and
substance use disorders.
36%
29%
48%
Have mental
health diagnosis Have a substance
use disorder
Chronically
homeless
59%
Entered with no
income
11 1 2
RESIDENT
C o u n c i l
The Resident Council at the Wellness Center serves as a collaborative space for individuals residing at the Wellness Center to share feedback, raise concerns, and actively participate in shaping their living environment. It promotes resident voice, peer leadership, and shared accountability, while also fostering a sense of community, empowerment, and mutual respect.
Through regular meetings and open dialogue, the council helps ensure that services remain responsive, inclusive, and aligned with the needs and experiences of those we serve
PEER SUPPORT SPECIALIST
S p o tl i g h t
S h o u t - o u t t o o u r i n c r e d i b l e P e e r S u p p o r t S p e c i a l i s t s f o r t he i r c o n t i n u e d c o m m i t m e n t t o f o s t e r i n g c o n n e c t i o n , s a f e t y , a n d e m p o w e r m e nt w i t hi n o u r w e l l ne s s a n d h o u s i n g p r o g r a m s ! O v e r t h e p a s t m o n t h , t h e t e a m h a s a c t i v e l y c o n t r i b u t e d t o :
P a r t i c i p a n t e n g a g e m e n t , p e e r - l e d s e r v i c e s r o o t e d i n s h a r e d e x p e r i e n c e , t r u s t - b u i l d i n g , a n d e m o t i o n a l s u p p o r t .
M o d e l i n g w e l l n e s s s t r a t e g i e s i n r e a l t i m e , i n c l u d i ng g r o u n d i n g t e c h n i q u e s , e f f e c t i v e c o m m u n i c a t i o n , a n d s e l f - a d v o c a c y p r a c t i c e s .
C o a c h i n g p a r t i c i p a n t s t h r o u g h d a i l y c ha l l e ng e s , p r o m o t i ng e m o t i o n a l r e g u l a t i o n , c o n f l i c t r e s o l u t i o n a n d s y s t e m n a v i g a t i o n , a nd i n d e p e nd e nt d e c i s i o n - m a k i n g .
I n c r e a s e d O n - s i t e d e - e s c a l a t i o n , p r o v i d i ng c a l m , t r a u m a - i nf o r m e d p r e s e n c e d u r i n g m o m e n t s o f t e n s i o n a n d s u p p o rt i n g t e a m r e s p o ns e t hr o u g h p e e r - c e n t e r e d c a r e .
T h e i r l e a d e r s h i p c o n t i n u e s t o r e f l e c t t he he a r t o f p e e r s u p p o r t — c o m p a s s i o n , d i g n i t y , a n d w a l k i n g a l o n g s i d e o t h e r s o n t h e i r p a t h t o s t a b i l i t y a n d he a l i ng .
OUR WELLNESS
JOURNEY CONTINUES
IN THE NEXT QUARTER WE PLAN TO WORK
TOWARD THE FOLLOWING MILESTONES:
INCREASING
RRH CAPACITY
COMMUNITY
FAIR
ERF-3 EXPANDED
MOTEL VOUCHER
PROGRAM
MEET WITH THE
GOVERNOR’S
OFFICE
13 Item Number: 15
City Council / Board of Directors
Consent Calendar
Meeting of: August 19, 2025
Submitted By:
Jorge Duran, Code Enforcement Official
Subject:
Code Compliance Department FY24/25 Fourth Quarter Code Compliance Division and Animal Services Division Activity Reports
Recommendation:
That the honorable City Council review and file.
Fiscal Impact:
There is no fiscal impact associated with this item.
Strategic Plan Goal:
The item is related to Strategic Plan Goal B, Public Safety, as the activity reports provide statistical information on Code Compliance Department efforts relating to community enhancement and homeless outreach efforts along with the care of animals.
Background:
Staff has compiled the attached Code Compliance Department Activity Report consisting of the Code Compliance Division and Animal Services Division statistics for the fourth fiscal quarter of Fiscal Year 2024/ 2025.
Discussion:
The attached Code Compliance Department Report includes information relating to compliance efforts for the fourth quarter for FY 2024/2025, (April 1, 2025, to June 30, 2025) regarding compliance activities related to land use, public nuisances, parking, homeless outreach and clean-up efforts, animal services programs, field activity, resident service calls, and animal care and licensing.
Attachments: A. Code Compliance Division Activity Report B. Animal Services Division Activity Report
Item Number: 16
City Council / Board of Directors
Written Communications
Meeting of: August 19, 2025
Submitted By:
Doug Mathews, Director of Public Works and Water
Subject:
Amendment No. 4 to the First Amended, Consolidated and Restated Exclusive Franchise Agreement between the City of Victorville (City) and Victorville Disposal, Inc. for Solid Waste Refuse and Waste Diversion (Recycling) Services
Recommendation:
That the Honorable City Council:
(1) Adopt Resolution No. 25-062, amending the Fiscal Year 2025-2026 annual budget; (2) Approve Amendment No. 4 to the First Amended, Consolidated and Restated Exclusive Franchise Agreement between the City of Victorville and Victorville Disposal, Inc. for Solid Waste Refuse and Waste Diversion (Recycling) Services; (3) Authorize the City Manager to make non-substantive changes and clarifications to the Amendment No. 4; and
(4) Authorize the Mayor to execute Amendment No. 4.
Fiscal Impact:
In accordance with the recommended actions for this item, an account string will be created under Fund 120 – Alternative Fuels for the buyout provision of $276,000, as listed in Amendment No. 4 and included as part of Resolution No. 25-062 (Attachment A).
These funds will be accounted for under the following account string:
1200010-47415-70788 – Fueling Stations General, Settlement Proceeds, Burrtec CNG Settlement
The buyout amount will escalate each year by the same CPI the Franchise Agreement escalates at, pursuant to Article 10.06 of the original agreement.
Staff are working to complete a full analysis of the Alternative Fuels operation. Any further related revenue or expense adjustments will be included as part of the mid-year budget update.
4 2
7 4
Strategic Plan Goal:
This item aligns with Goal A, Financial Sustainability. By approving this contract amendment, the City ensures a guaranteed revenue source for Fund 120, and a reduction in expenses for the City’s franchise waste hauler. The City’s CNG facilities will have more capacity to take on new customers, with lower wait times, given the reduction in trash trucks needing fuel while having an ongoing funding source to support Alternative Fuel operations.
Background:
In response to California Assembly Bill 939 (AB 939) which was adopted in 1989, the City found it was necessary to partner with a waste hauling entity to ensure the City was in full compliance with waste related requirements as adopted by the State.
On October 20, 2009, the First Amended, Consolidated, and Restated Exclusive Franchise Agreement (Agreement) with Victorville Disposal, Inc. for the provision of solid waste, refuse, and recycling services (Attachment D) was adopted. This Agreement modernized the City's franchise terms to align with evolving State waste diversion requirements, while also establishing operational standards to support efficient service delivery, fiscal responsibility, and customer satisfaction.
As part of the operational provisions of the Agreement, Section 7.02(c) requires Victorville Disposal to purchase compressed natural gas (CNG) exclusively from the City's CNG fueling stations located on D Street and McArt Blvd., if Victorville Disposal uses CNG equipment for their operation. This requirement was included to maximize the use of City- owned infrastructure, promote centralized fueling operations, and help reduce the impact of fixed costs to the City’s CNG rates.
On September 9, 2014, Amendment No. 1 to the Agreement (Attachment E) was executed to incorporate Household Hazardous Waste (HHW) Collection Center staffing services.
In 2016, California Senate Bill (SB) 1383 was enacted and established a state-wide goal to reduce the amount of organic waste sent to landfills by 75% by 2025 as compared to 2014 levels. SB 1383 regulations were finalized in late 2020 and imposed numerous requirements on jurisdictions, including but not limited to: implementing organics diversion programs for residential and commercial waste generators; adopting an enforceable ordinance mandating organics recycling; implementing outreach and education, container contamination minimization, and inspection and enforcement programs; procuring recovered organic waste products (e.g. compost/mulch, etc.) in quantities specified by CalRecycle; taking enforcement actions such as issuing notices of violation and citations to those not complying with organics diversion mandates; and creating and maintaining an “implementation record” to document the jurisdiction’s SB 1383 programs.
In July 2018, the City Council approved Amendment No. 2 to the Agreement (Attachment F) and incorporated new commercial organics recycling services and contractor 4 2
7 4
compensation for those new services needed to comply with California Assembly Bill (AB) 1826 (Mandatory Commercial Organics Recycling). Amendment No. 2 also made changes regarding franchise and other fees, and the index used to calculate the annual consumer price index adjustment to the contractor service rates.
During 2018, through the Solid Waste and Recycling rate study process, the City became aware of a rate setting issue related to Article 7.02 of the Agreement for Victorville Disposal for CNG pricing. There was no methodology established in the Agreement to ensure CNG was being priced competitively at market rates. In response, the City and Victorville Disposal agreed to use the Clean Cities Alternative Fuel Price Report (Report), published by the Alternative Fuels Data Center as the pricing index for CNG.
Memorialized in a letter dated October 16, 2018 (Attachment H) from the City to Victorville Disposal, the City committed to annually reviewing CNG rates based upon the report issued in December of each year with an effective date of July 1st and notifying Victorville Disposal of any changes to their CNG rate.
On January 16, 2024, the City Council approved Amendment No. 3 to the Agreement (Attachment G). The Amendment included updates for the new organics’ diversion programs mandated by SB 1383. This included a residential curbside organics collection (green cart) program, in addition to establishing an "implementation record," procurement of recovered organic waste products, outreach and education programs, and a container contamination minimization program. Additional revisions to the franchise agreement also included clarifications to operation of the City's household hazardous waste collection and recycling drop-off center, and the development of a program to recycle construction and demolition material (C&D material).
The City, alongside Victorville Disposal, have successfully been running the residential organic’s program over the last year. In addition, Victorville Disposal has made progress on constructing infrastructure needed to process C&D material and has started the permitting process.
Discussion:
Victorville Disposal and the City meet regularly to ensure smooth and fiscally responsible refuse and recycling services. Recently, Victorville Disposal reached out to begin discussions on building a slow-fill CNG station at their facility to increase efficiency and decrease expenses. With this proposed change, trash trucks will be able to slow-fill overnight, versus having downtime at a CNG station every day for fueling at one of the City’s facilities. This will help minimize operational costs that are incorporated into the City’s rates for services provided by Victorville Disposal, and will also reduce wait times for the public (as Victorville Disposal will only need to use the City’s CNG fueling stations occasionally for fast-fill fueling).
Recognizing the operational advantages, the City agreed to consider modifying Article
7.02 – Vehicles of the Agreement to allow Victorville Disposal to use their own CNG facility to fuel their vehicles. City staff proceeded to conduct an analysis of the customer base and sales metrics for the City’s CNG stations, understanding that Victorville Disposal was 4 2
7 4
one of the largest customers and there would be significant impacts to Fund 120 – Alternative Fuels with Victorville Disposal no longer using the CNG stations. Discussions ensued between the entities to reach a consensus on proposed changes to Article 7.02 that would meet the needs of both parties, resulting in an agreed upon annual buyout provision.
With this new provision, Victorville Disposal will be able to utilize their facilities to fuel their vehicles overnight, increasing efficiency by providing additional staff hours during the day to provide service to residents and businesses for hauling, processing, and disposal of trash, recycling, and organics. The annual buyout will also help with the impact to the City’s fixed cost component of the CNG rate that will be spread over a smaller customer base because of this change. Thus, Amendment No. 4 to the Agreement is being proposed to update Article 7.02 – Vehicles as it relates to CNG.
The proposed Amendment No. 4 to the Franchise Agreement (Attachment B) incorporates the following changes outlined below:
1. Section 7.02 Vehicles, subsection c: adding language to the section to allow Victorville Disposal to establish permanent vehicle fueling alternative to City fueling facilities; Victorville Disposal agrees to compensate the City at a rate of Two Hundred Seventy-Six Thousand Dollars ($276,000) annually per fiscal year to offset the lost revenue generated at City fueling facilities, which will be known as the Annual Buyout.
The Annual Buyout will increase each fiscal year by the same Consumer Price Index (CPI) formula listed in Article 10.06 – Annual Formula-Based Compensation Adjustment effective July 1 of each year, beginning on July 1, 2026. The increase is calculated using the Los Angeles-Riverside-Orange Counties CPI based upon the twelve (12) month mean average change. This buyout will be in place as long as the City offers CNG fueling methods consistent with State mandated emissions compliance requirements.
Additionally, if Victorville Disposal finds it necessary to make any incidental CNG purchases at one of the City’s CNG facilities, they will be doing so at the rate charged to all retail customers with the understanding that said rate is not subject to a market rate comparison.
The proposed amendment reflects a shift toward operational flexibility and supports both parties in pursuing cost-effective and sustainable business practices, while preserving the integrity of the franchise relationship.
Staff recommends that the City Council adopt Resolution No. 25-062, approve Amendment No. 4 to the Franchise Agreement, allow the City Manager to make non- substantive changes to the amendment and authorize the Mayor to execute the aforementioned amendment.
Staff is available for any questions the Council may have. 4 2
7 4
Prepared By:
Mel Krejckant, Public Works and Water Administrative Manager Benjamin Lucha, Environmental Programs Manager
Attachments: A. Resolution No. 25-062
B. Amendment No. 4 to the Franchise Agreement (clean copy) C. Amendment No. 4 to the Franchise Agreement (blackline copy) D. 2009 - First Amended, Consolidated and Restated Exclusive Franchise Agreement
E. 2014 - Amendment No. 1 to the Franchise Agreement
F. 2018 - Amendment No. 2 to the Franchise Agreement
G. 2024 - Amendment No. 3 to the Franchise Agreement
H. CNG Pricing Letter – Dated October 16, 2018
Attachment A
RESOLUTION NO. 25-062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2025-2026
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, after preparation of the budget, a need to amend the budget is being recommended to the 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 accounts listed below and as described in the corresponding Agenda Item.
Account Amount Adjusted
1200010-47415-70788 $276,000
SECTION 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments, offices and subsidiary districts of the City.
ATTACHMENT B
AMENDMENT NO. 4 TO THE
FIRST AMENDED, CONSOLIDATED AND RESTATED EXCLUSIVE FRANCHISE
AGREEMENT FOR SOLID WASTE REFUSE AND WASTE DIVERSION
(RECYCLING) SERVICES BETWEEN THE CITY OF VICTORVILLE AND VICTORVILLE DISPOSAL, INC.
This Amendment N o. 4 to the First Amended, Consolidated and Restated Exclusive Franchise Agreement for Solid Waste Refuse and Waste Diversion (Recycling) Services (hereinafter “Amendment No. 4” or “this Amendment”) dated August 19, 2025, for reference purposes only, is made by and between the CITY OF VICTORVILLE, a California charter city and municipal corporation ( hereinafter the “ City”) and VICTORVILLE DISPOSAL, INC., a California corporation, (hereinafter “Contractor”). City and Contractor are sometimes hereinafter individually referred to as a “Party” and collectively referred to as the “Parties”.
RECITALS
WHEREAS, on or about October 20, 2009, the Victorville City Council (“City Council”) adopted, and City and Contractor entered into that certain First Amended, Consolidated and Restated Exclusive Franchise Agreement for Solid Waste Refuse and Waste Diversion (Recycling) Services (hereinafter the “Franchise Agreement”); and
WHEREAS, following City Council approval in August 2014, City and Contractor entered into that certain first amendment to the Franchise Agreement dated July 31, 2014 (hereinafter “Amendment No. 1”) to provide reliable and cost -effective staffing services for the City's Household Hazardous Waste Collection Center; and WHEREAS, following City Council approval in June of 2018, City and Contractor entered into that certain second amendment to the Franchise Agreement dated June 26, 2018 (hereinafter “Amendment No. 2 ”), to make said agreement consistent with the fee structure adopted by the City Council on June 5, 2018 (following duly noticed hearings, mailed notice, and related procedures in accordance with Proposition 218) via Resolution No. 18- 012, which resolution established a schedule of periodic fees and frequency of collection for the collection and disposal of solid waste and recyclable materials, recyclable material processing, commercial organic recycling service, and management of household hazardous wastes; and WHEREAS, following City Council approval in January of 2024, City and Contractor entered into that certain third amendment to the Franchise Agreement dated October 17, 2023 (hereinafter “Amendment No. 3 ”), to memorialize modifications related to the incorporation of service changes, additional term, compensation and performance standards related to the City delegating to Contractor select responsibilities to fulfill its requirements under the State of California (“State”) Short-Lived Climate Pollutants Bill of 2016 (SB 1383) , which such amendment also superseded Amendment No. 1 in its entirety by adding a new Article 17 to the Franchise Agreement and added a new Article 18 in anticipation of funding from State Senate Bill 54 (SB 54), the Plastic Pollution Prevention and Packaging Producer Responsibility Act; and WHEREAS, said Franchise Agreement, as amended by Amendment No. 2 and Amendment No. 3, is hereinafter referred to as the “Current Franchise Agreement”; and WHEREAS, City and Contractor desire to amend the Current Franchise Agreement as set forth in this Amendment to offer Contractor the option of a n annual buyout alternative to the requirement to purchase CNG fuel exclusively from City fueling facilities; and NOW, THEREFORE, in consideration of the terms, conditions, covenants, and agreements contained herein, the Parties do hereby agree as follows:
A. RECITALS.
The Recitals set forth above are true and correct and are hereby incorporated as part of this Amendment No. 4 by this reference, including any definitions contained therein.
B. AMENDMENT OF ARTICLE 7.
1. Section 7.02 of ARTICLE 7 “REQUIREMENTS FOR OPERATIONS” of the Current Franchise Agreement is hereby amended in its entirety to read as follows:
7.02 VEHICLES
a. General. Contractor shall provide a fleet of Collection vehicles sufficient in number and capacity to efficiently perform the work required by the Agreement in strict accordance with its terms. Contractor shall have available sufficient back-up vehicles to respond to mechanical breakdowns, complaints and emergencies.
b. Age. Contractor shall not introduce a used vehicle into service in City as a frontline collection vehicle that is more than five (5 ) years of age when introduced. Contractor shall not operate a vehicle in City as a regular route collection vehicle that is more than seven (7) years of age unless said vehicle is exceptionally well- maintained and has been accepted by the City.
Contractor shall not operate a vehicle in City more than ten (10) years of age as a regular route collection vehicle. Contractor sha ll be permitted to use vehicles older than the above limitations for periods up to thirty (30) days as back -ups for regular route vehicles when such vehicles are out of service for repair or maintenance or to supplement the regular collection vehicles for special programs such as community clean -ups or emergency situations.
c. Vehicle Emissions. Contractor shall comply with all applicable air quality rules and regulations in its vehicle deployment. During the Term of this Agreement or any extension thereof, all of Contractor's newly acquired collection vehicles shall be powered by Compressed Natural Gas ("CNG") or Liquefied Natural Gas ("LNG") or by such other fuel that meets or exceeds the pollution and mileage performance standards of CNG or LNG- powered vehicles for the model year that the acquisition is made. If CNG fueled equipment is purchased, Contractor agrees to purchase CNG exclusively from the CNG fueling stations located on D Street and McArt Blvd. (the "Exclusive Stations"). Fuel will be priced competitively at market rates. In the event these Exclusive Stations become inoperative for any amount of tim e or the Exclusive Stations cannot efficiently and or safely accommodate the Contractor's fleet, the Contractor may utilize other fueling facilities until conditions at the Exclusive Stations are corrected.
If Contractor chooses to provide a permanent vehicle fueling alternative to City fueling facilities, Contractor agrees to compensate the City at a rate of Two Hundred Seventy-Six Thousand Dollars ($276,000.00) per fiscal year to offset lost revenue generated at City fueling facilities (“Annual Buyout”).
Contractor’s Annual Buyout payments to the City will be increased each fiscal year using the same CPI formula specified in Article 10.06, with the first increase becoming effective July 1, 2026, and will remain in effect for as long as the City offers CNG fueling methods consistent with State - mandated emissions compliance requirements. Should Contractor exercise the Annual Buyout option, any incidental CNG purchases from Exclusive Stations shall be at the City’s effective CNG rate charged to all customers and not subject to market ra te comparison reductions previously provided to Contractor pursuant to the City’s letter to Contractor dated October 16, 2018.
Contractor shall be permitted to operate non- Alternative Fuel Vehicles for periods up to thirty (30) days as back- ups for regular route vehicles when such vehicles are out of service for repair or maintenance or to supplement the regular Collection vehicle s for special programs such as community clean-ups or emergency situations.
d. Specifications. All vehicles operated in City by Contractor shall: (i) be registered with the California Department of Motor Vehicles; (ii) have leak proof bodies designed to prevent leakage, spillage, and/or overflow; and (iii) comply with California E nvironmental Protection Agency noise emission and California Air Resources Board air quality regulations. e. Identification. Contractor's name, local telephone number and vehicle identification number designated by Contractor shall be prominently displayed on the sides and rear of each Collection vehicle. f. Condition and Maintenance. Contractor shall maintain all of its vehicles and equipment used in providing service under this Agreement in a good, safe, neat, clean, and operable condition at all times.
g. Operation. Vehicles shall be operated in compliance with Federal, State and local laws and regulations.
h. Vehicle Inventory and Replacement Plan. Annually, on or before October 1st of each year, Contractor shall provide City with an inventory of all collection vehicles currently operating in City listing (i) Contractor's vehicle identification number, (ii) year manufactured, (iii) make, (iv) body style, and (v) fuel type. Contractor shall include its collection vehicle replacement plan with the vehicle inventory.
ATTACHMENT C
1. Section 7.02 of ARTICLE 7 “REQUIREMENTS FOR OPERATIONS” of the Current Franchise Agreement is hereby amended in its entirety to read as follows:
7.02 VEHICLES
a. General. Contractor shall provide a fleet of Collection vehicles sufficient in number and capacity to efficiently perform the work required by the Agreement in strict accordance with its terms. Contractor shall have available sufficient back-up vehicles to respond to mechanical breakdowns, complaints and emergencies.
b. Age. Contractor shall not introduce a used vehicle into service in City as a frontline collection vehicle that is more than five (5 ) years of age when introduced. Contractor shall not operate a vehicle in City as a regular route collection vehicle that is more than seven (7) years of age unless said vehicle is exceptionally well- maintained and has been accepted by the City.
Contractor shall not operate a vehicle in City more than ten (10) years of age as a regular route collection vehicle. Contractor shall be permitted to use vehicles older than the above limitations for periods up to thirty (30) days as back-ups for regular route vehicles when such vehicles are out of service for repair or maintenance or to supplement the regular collection vehicles for special programs such as community clean-ups or emergency situations.
c. Vehicle Emissions. Contractor shall comply with all applicable air quality rules and regulations in its vehicle deployment. During the Term of this Agreement or any extension thereof, all of Contractor's newly acquired collection vehicles shall be powered by Compressed Natural Gas ("CNG") or Liquefied Natural Gas ("LNG") or by such other fuel that meets or exceeds the pollution and mileage performance standards of CNG or LNG- powered vehicles for the model year that the acquisition is made. If CNG fueled equipment is purchased, Contractor agrees to purchase CNG exclusively from the CNG fueling stations located on D Street and McArt Blvd. (the "Exclusive Stations"). Fuel will be priced competitively at market rates. In the event these Exclusive Stations become inoperative for any amount of time or the Exclusive Stations cannot efficiently and or safely accommodate the Contractor's fleet, the Contractor may utilize other fueling facilities until conditions at the Exclusive Stations are corrected.
If Contractor chooses to provide a permanent vehicle fueling alternative to City fueling facilities, Contractor agrees to compensate the City at a rate of Two Hundred Seventy-Six Thousand Dollars ($276,000.00) per fiscal year to offset lost revenue generated at City fueling facilities (“Annual Buyout”).
Contractor’s Annual Buyout payments to the City will be increased each fiscal year using the same CPI formula specified in Article 10.06, with the first increase becoming effective July 1, 2026, and will remain in effect for as long as the City offers CNG fueling methods consistent with State - mandated emissions compliance requirements. Should Contractor exercise the Annual Buyout option, any incidental CNG purchases from Exclusive
Stations shall be at the City’s effective CNG rate charged to all customers and not subject to market rate comparison reductions previously provided to Contractor pursuant to the City’s letter to Contractor dated October 16, 2018.
Contractor shall be permitted to operate non-Alternative Fuel Vehicles for periods up to thirty (30) days as back-ups for regular route vehicles when such vehicles are out of service for repair or maintenance or to supplement the regular Collection vehicles for special programs such as community clean-ups or emergency situations.
d. Specifications. All vehicles operated in City by Contractor shall: (i) be registered with the California Department of Motor Vehicles; (ii) have leak proof bodies designed to prevent leakage, spillage, and/or overflow; and (iii) comply with California Environmental Protection Agency noise emission and California Air Resources Board air quality regulations. e. Identification. Contractor's name, local telephone number and vehicle identification number designated by Contractor shall be prominently displayed on the sides and rear of each Collection vehicle. f. Condition and Maintenance. Contractor shall maintain all of its vehicles and equipment used in providing service under this Agreement in a good, safe, neat, clean, and operable condition at all times.
g. Operation. Vehicles shall be operated in compliance with Federal, State and local laws and regulations.
h. Vehicle Inventory and Replacement Plan. Annually, on or before October 1st of each year, Contractor shall provide City with an inventory of all collection vehicles currently operating in City listing (i) Contractor's vehicle identification number, (ii) year manufactured, (iii) make, (iv) body style, and (v) fuel type. Contractor shall include its collection vehicle replacement plan with the vehicle inventory.
1. Section 7.02 of ARTICLE 7 “REQUIREMENTS FOR OPERATIONS” of the Current Franchise Agreement is hereby amended in its entirety to read as follows:
7.02 VEHICLES
a. General. Contractor shall provide a fleet of Collection vehicles sufficient in number and capacity to efficiently perform the work required by the Agreement in strict accordance with its terms. Contractor shall have available sufficient back-up vehicles to respond to mechanical breakdowns, complaints and emergencies.
b. Age. Contractor shall not introduce a used vehicle into service in City as a frontline collection vehicle that is more than five (5 ) years of age when introduced. Contractor shall not operate a vehicle in City as a regular route collection vehicle that is more than seven (7) years of age unless said vehicle is exceptionally well- maintained and has been accepted by the City.
Contractor shall not operate a vehicle in City more than ten (10) years of age as a regular route collection vehicle. Contractor shall be permitted to use vehicles older than the above limitations for periods up to thirty (30) days as back -ups for regular route vehicles when such vehicles are out of service for repair or maintenance or to supplement the regular collection vehicles for special programs such as community clean -ups or emergency situations.
c. Vehicle Emissions. Contractor shall comply with all applicable air quality rules and regulations in its vehicle deployment. During the Term of this Agreement or any extension thereof, all of Contractor's newly acquired collection vehicles shall be powered by Compressed Natural Gas ("CNG") or Liquefied Natural Gas ("LNG") or by such other fuel that meets or exceeds the pollution and mileage performance standards of CNG or LNG- powered vehicles for the model year that the acquisition is made. If CNG fueled equipment is purchased, Contractor agrees to purchase CNG exclusively from the CNG fueling stations located on D Street and McArt Blvd. (the "Exclusive Stations"). Fuel will be priced competitively at market rates. In the event these Exclusive Stations become inoperative for any amount of time or the Exclusive Stations cannot efficiently and or safely accommodate the Contractor's fleet, the Contractor may utilize other fueling facilities until conditions at the Exclusive Stations are corrected.
If Contractor chooses to provide a permanent vehicle fueling alternative to City fueling facilities, Contractor agrees to compensate the City at a rate of Two Hundred Seventy-Six Thousand Dollars ($276,000.00) per fiscal year to offset lost revenue generated at City fueling facilities (“Annual Buyout”).
Contractor’s Annual Buyout payments to the City will be increased each fiscal year using the same CPI formula specified in Article 10.06, with the first increase becoming effective July 1, 2026, and will remain in effect for as long as the City offers CNG fueling methods consistent with State - mandated emissions compliance requirements. Should Contractor exercise the Annual Buyout option, any incidental CNG purchases from Exclusive
Stations shall be at the City’s effective CNG rate charged to all customers and not subject to market rate comparison reductions previously provided to Contractor pursuant to the City’s letter to Contractor dated October 16, 2018.
Contractor shall be permitted to operate non-Alternative Fuel Vehicles for periods up to thirty (30) days as back-ups for regular route vehicles when such vehicles are out of service for repair or maintenance or to supplement the regular Collection vehicles for special programs such as community clean-ups or emergency situations.
d. Specifications. All vehicles operated in City by Contractor shall: (i) be registered with the California Department of Motor Vehicles; (ii) have leak proof bodies designed to prevent leakage, spillage, and/or overflow; and (iii) comply with California Environmental Protection Agency noise emission and California Air Resources Board air quality regulations. e. Identification. Contractor's name, local telephone number and vehicle identification number designated by Contractor shall be prominently displayed on the sides and rear of each Collection vehicle. f. Condition and Maintenance. Contractor shall maintain all of its vehicles and equipment used in providing service under this Agreement in a good, safe, neat, clean, and operable condition at all times.
g. Operation. Vehicles shall be operated in compliance with Federal, State and local laws and regulations.
h. Vehicle Inventory and Replacement Plan. Annually, on or before October 1st of each year, Contractor shall provide City with an inventory of all collection vehicles currently operating in City listing (i) Contractor's vehicle identification number, (ii) year manufactured, (iii) make, (iv) body style, and (v) fuel type. Contractor shall include its collection vehicle replacement plan with the vehicle inventory.
ATTACHMENT D
FIRST AMENDED, CONSOLIDATED AND RESTATED
EXCLUSIVE FRANCHISE AGREEMENT
BETWEEN
THE CITY OF VICTORVILLE, CALIFORNIA
AND
VICTORVILLE DISPOSAL, INC.
FOR
SOLID WASTE REFUSE AND WASTE DIVERSION (RECYCLING) SERVICES ADOPTED BY THE VICTORVILLE CITY COUNCIL ON OCTOBER 20, 2009
TABLE OF CONTENTS
ARTICLE 1. DEFINITIONS ............................................................................................6
1.01 DEFINITIONS .....................................................................................................6
1.02 STATUTORY DEFINITIONS ............................................................................. 6 ARTICLE 2. REPRESENTATIONS AND WARRANTIES ...........................................6
2.01 CONTRACTOR ................................................................................................... 6
2.02 CITY .....................................................................................................................7 ARTICLE 3. EXCLUSIVE FRANCHISE AGREEMENT .............................................. 8
3.01 GRANT OF FRANCHISE ................................................................................... 8
3.02 LIMITATIONS ON EXCLUSIVE FRANCHISE ...............................................9
3.03 FRANCHISE AREA DEFINED ........................................................................ 10
3.04 ANNEXATION COVERED BY EXISTING AGREEMENT .......................... 10 ARTICLE 4. TERM OF AGREEMENT ........................................................................ 10
4.01 EFFECTIVE DATE ........................................................................................... 10
4.02 TERM ................................................................................................................. 10
4.03 AUTOMATIC EXTENSION OF TERM ...........................................................11
4.04 AVOIDANCE OF AUTOMATIC EXTENSION;
OTHER CHANGES TO TERM .........................................................................11 ARTICLE 5. CONTRACTOR SERVICES ....................................................................11
5.01 PERFORMANCE STANDARDS ......................................................................11
5.02 COLLECTION DAYS AND TIMES .................................................................13
5.03 SERVICE STANDARDS ...................................................................................13 ARTICLE 6. OTHER SERVICES ..................................................................................14
6.01 CUSTOMER SERVICE .....................................................................................14
6.02 PAYMENT FOR TEMPORARY BINS AND DEBRIS BOXES ..................... 16 ARTICLE 7. REQUIREMENTS FOR OPERATIONS ..................................................16
7.01 COLLECTION STANDARDS ..........................................................................16
7.02 VEHICLES ......................................................................................................... 18
7.03 CONTAINERS ...................................................................................................19
7.04 PERSONNEL ......................................................................................................21
7.05 HAZARDOUS WASTE ..................................................................................... 22 ARTICLE 8. FRANCHISE AND ADMINISTRATIVE FEES ......................................22
8.01 GENERAL .......................................................................................................... 22 ARTICLE 9. DISPOSAL AND PROCESSING FACILITIES .......................................22
9.01 GENERAL .......................................................................................................... 22
9.02 DISPOSAL FACILITIES ................................................................................... 23
9.03 PROCESSING FACILITIES ............................................................................23 VVAgmt (10/20/09) 2
ARTICLE 10. CONTRACTOR COMPENSATION AND RATES ................................23
10.01 GENERAL .......................................................................................................... 23
10.02 STANDARD SERVICE ..................................................................................... 23
10.03 BIN SERVICE .................................................................................................... 24
10.04 RESIDENTIAL PARTICIPATION ...................................................................24
10.05 INITIAL RATES ................................................................................................ 24
10.06 ANNUAL FORMULA-BASED COMPENSATION ADJUSTMENT .............24
10.07 DISPOSAL AND PROCESSING FEE ADJUSTMENT ...................................25
10.08 CHANGES IN SCOPE OF SERVICES .............................................................25
10.09 EXTRAORDINARY RATE ADJUSTMENTS .................................................26
10.10 ADDITIONAL CUSTOMER RATE INCREASE PROCEDURES ..................26 ARTICLE 11 . RECORDS AND REPORTS .....................................................................27
11.01 RECORDS ..........................................................................................................27
11.02 REPORTS ........................................................................................................... 27
11.03 AUDIT ................................................................................................................ 28 ARTICLE 12. INDEMNITY AND INSURANCE ...........................................................28
12.01 INDEMNIFICATION ........................................................................................ 28
12.02 INSURANCE ..................................................................................................... 30 ARTICLE 13. CONTRACTOR PERFORMANCE .......................................................... 31
13.01 ANNUAL REVIEW ........................................................................................... 31
13.02 BREACH ............................................................................................................32
13.03 ADMINISTRATIVE HEARING ....................................................................... 33
13.04 LIQUIDATED DAMAGES ...............................................................................35
13.05 CITY'S ADDITIONAL REMEDIES ................................................................. 36
13.06 RIGHTS OF CITY TO PERFORM DURING EMERGENCY .........................36
13.07 FORCE MAJEURE ............................................................................................ 37
13.08 PERFORMANCE BOND ..................................................................................37 ARTICLE 14. OTHER AGREEMENTS OF THE PARTIES ..........................................37
14.01 RELATIONSHIP OF PARTIES; INDEPENDENT CONTRACTOR ..............37
14.02 COMPLIANCE WITH LAW ............................................................................. 38
14.03 ASSIGNMENT; TRANSFER; CHANGE IN CONTROL ................................ 38
14.04 SUBCONTRACTING ........................................................................................39
14.05 CONTRACTOR'S INVESTIGATION ..............................................................40
14.06 NOTICE .............................................................................................................. 40
14.07 REPRESENTATIVES ........................................................................................40
14.08 DUTY OF CONTRACTOR NOT TO DISCRIMINATE ..................................41
14.09 TRANSITION TO NEXT SERVICE PROVIDER ............................................41
14.10 PAVEMENT DAMAGE .................................................................................... 41
14.11 OWNERSHIP OF SOLID WASTE ...................................................................41 VVAgmt ( 10/20/09) 3
ARTICLE 15. MISCELLANEOUS PROVISIONS .........................................................42
15.01 GOVERNING LAW ..........................................................................................42
15.02 JURISDICTION .................................................................................................42
15.03 BINDING ON SUCCESSORS ..........................................................................42
15.04 PARTIES IN INTEREST ...................................................................................42
15.05 WAIVER ............................................................................................................42
15.06 ATTACHMENTS ..............................................................................................43
15.07 ENTIRE AGREEMENT ....................................................................................43
15.08 SECTION HEADINGS ......................................................................................43
15.09 INTERPRETATION .......................................................................................... 43
15.10 AMENDMENT ..................................................................................................43
15.11 SEVERABILITY ................................................................................................43
15.12 COSTS AND ATTORNEYS' FEES ..................................................................43
15.13 NO DAMAGES FOR INVALIDATION OF AGREEMENT ...........................44
15.14 REFERENCE TO LAWS ...................................................................................44
15.15 INDEMNITY AGAINST CHALLENGES TO AGREEMENT ........................44 VVAgmt(10/20/09) 4
THIS FIRST AMENDED, CONSOLIDATED AND RESTATED EXCLUSIVE
FRANCHISE AGREEMENT FOR SOLID WASTE REFUSE AND WASTE
DIVERSION (RECYCLING) SERVICES (" Agreement") is entered into by and between the CITY OF VICTORVILLE, a charter city and municipal corporation organized under the laws of the State of California ("City") and VICTORVILLE DISPOSAL, INC., a California corporation ("Contractor"). City and Contractor are sometimes hereinafter individually referred to as a "Party" and collectively referred to as the "Parties".
RECITALS
WHEREAS, California Public Resources Code Section 40059 et seq ., authorizes the City to determine and arrange for all aspects of solid waste handling; and WHEREAS, California Public Resources Code section 41780 requires that each jurisdiction divert 50% of its waste from landfill disposal; and WHEREAS, California Public Resources Code section 41780. 05 revised the method of calculating waste Diversion using population statistics and will base a determination of each jurisdiction ' s compliance on per-capita disposal and program implementation; and
WHEREAS, on May 23, 1995, the City entered into separate exclusive franchise agreements with Contractor for Solid Waste Refuse Services and Solid Waste Recycling Services (the "Existing Agreements ") which run conterminously and are currently in effect; and
WHEREAS, the City Council of the City of Victorville (the "City Council") finds that Contractor has demonstrated through its good and workmanlike performance of the Existing Agreements and in its negotiations with City that Contractor is qualified and competent to perform the solid waste services desired by City; and WHEREAS, the City Council finds that the City is in compliance with the waste diversion goals mandated by the State of California; and WHEREAS, the City Council desires to increase its waste diversion rate by adding the exclusive hauling of construction and demolition waste to the scope of the Existing Agreements with Contractor; and
WHEREAS, the City Council also desires to add additional services, consolidate the Existing Agreements into a single agreement and extend the term of the Existing Agreements by entering into this Agreement with Contractor; and WHEREAS, the City Council finds that this Agreement will contribute to providing the best and most cost-effective Solid Waste Handling Services to its citizens.
VVAgmt (10/20/09) 5
NOW, THEREFORE , in consideration of the respective and mutual covenants and promises contained and made in this Agreement , and subject to all of the terms and conditions of this Agreement , the Parties agree as follows:
ARTICLE 1. DEFINITIONS
1.01 DEFINITIONS
Unless the context otherwise requires, capitalized terms used in this Agreement shall have the meanings set forth in the definitions contained in Attachment A, Definitions.
1.02 STATUTORY DEFINITIONS
Unless a term is otherwise defined in this Agreement, capitalized terms used in this Agreement shall have the same meaning as the definitions of those terms contained in the California Integrated Waste Management Act, California Public Resources Code section 40000 et seq. (the "Act"). In the event of a conflict between the definition of a term in the Act and in this Agreement, the definition in this Agreement shall prevail.
ARTICLE 2. REPRESENTATIONS AND WARRANTIES
2.01 CONTRACTOR
a. Status. Contractor is a corporation duly organized, validly existing and in good standing under the laws of the State of California (the "State") and is qualified to do business in the State.
b. Authority and Authorization. Contractor has full legal right, power and authority to execute and deliver this Agreement and perform its obligations hereunder. This Agreement has been duly executed and delivered by Contractor and constitutes a legal, valid and binding obligation of the Contractor enforceable against the Contractor in accordance with its terms.
c. Accuracy of Representations. Contractor's representations and warranties made throughout this Agreement are accurate, true and correct on and as of the Effective Date (defined in Section 4.01, below) of this Agreement. d. No Conflicts. Neither the execution or delivery by Contractor of this Agreement, the performance by Contractor of its performance obligations, nor the fulfillment by Contractor of the terms and conditions hereof: (i) conflicts with, violates or results in a breach of applicable law; (ii) conflicts with, violates or results in a breach of any term or condition of any judgment, order or decree of any court, administrative agency or other government authority, or any agreement or instrument to which Contractor is a party or by which Contractor or any of its properties or assets are VVAgmt ( 10/20/09) 6
bound, or constitutes a default thereunder; or (iii) will result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the properties or assets of Contractor. e. No Approvals Required. No approval, authorization, license , permit, order or consent of, or declaration, registration or filing with any governmental or administrative authority , commission , board , agency or instrumentality is required for the valid execution and delivery of this Agreement by Contractor, except such as have been duly obtained from its board of directors.
f. No Litigation. There is no action , suit, proceeding or investigation, at law or in equity, before or by any court or governmental authority, commission , board, agency or instrumentality pending or , to the best of Contractor 's knowledge , threatened, against Contractor wherein an unfavorable decision , ruling or finding , in any single case or in the aggregate, would materially adversely affect the performance by Contractor of its obligations hereunder or in connection with the transactions contemplated hereby, or which, in any way, would adversely affect the validity or enforceability of this Agreement or any other agreement or instrument entered into by Contractor in connection with the transactions contemplated hereby.
g. Due Diligence . Contractor has made an independent investigation satisfactory to it of the conditions and circumstances surrounding the Agreement and services it is required to perform.
h. Duty. Contractor shall be at all times during the Term ( as defined in Section 4.02, below) of this Agreement, ready, willing and able to collect and transport all Solid Waste generated within City in accordance with the provision of this Agreement and all applicable laws, rules and regulations. i. Insurance and Bonds . Contractor will furnish evidence of the insurance and bonds required under this Agreement prior to the Effective Date of this Agreement.
j. Criminal Activity. Contractor has represented that none of its officials or directors have a criminal conviction from a court of competent jurisdiction with respect to conviction for any crime, including racketeering, which indicates a lack of business integrity or business honesty that seriously and directly affects the present responsibility of Contractor or its officers or directors ; nor has Contractor or any of its respective officers or directors made an admission of guilt or pled no contest to the conduct as described above.
2.02 CITY
a. Status. City is a charter city and a California municipal corporation of the State of California, duly organized and validly existing under the Constitution and laws of the State.
VVAgmt (10/20/09) 7
b. Authority and Authorization. City has full legal right , power and authority to execute , deliver, and perform its obligations hereunder. This Agreement has been duly executed and delivered by City and constitutes a legal, valid and binding obligation of City enforceable against City in accordance with its terms.
c. No Conflicts. Neither the execution or delivery by City of this Agreement , the performance by City of its performance obligations, nor the fulfillment by City of the terms and conditions hereof: (i) conflicts with, violates or results in a breach of applicable law; or (ii) conflicts with, violates ore results in a breach of any term or condition of any judgment, order or decree of any court, administrative agency or other government authority, or any agreement or instrument to which City is a party or by which City or any of its properties or assets are bound , or constitutes a default thereunder.
d. No Approvals Required. No approval , authorization, license , permit, order or consent of, or declaration , registration or filing with any governmental or administrative authority , commission , board, agency or instrumentality is required for the valid execution and delivery of this Agreement by City, except such as have been duly obtained from its City Council
e. No Litigation . There is no action , suit, proceeding or investigation, at law or in equity , before or by any court or governmental authority, commission, board , agency or instrumentality pending or, to the best of City' s knowledge , threatened, against City wherein an unfavorable decision , ruling or finding , in any single case or in the aggregate, would materially adversely affect the performance by City of its obligations hereunder or in connection with the transactions contemplated hereby, or which, in any way, would adversely affect the validity or enforceability of this Agreement or any other agreement or instrument entered into by City in connection with the transactions contemplated hereby. f. No Warrant Regarding Waste Characterization . City makes no warranties with respect to the characterization of Solid Waste within City. City expressly disclaims any warranties, either express or implied , as to the merchantability or fitness for any particular purpose of Solid Waste or Recyclable Materials collected by Contractor.
ARTICLE 3. EXCLUSIVE FRANCHISE AGREEMENT
3.01 GRANT OF FRANCHISE
Upon the Effective Date of this Agreement and continuing for the Term of this Agreement or any extension or renewal thereof, City hereby grants Contractor the exclusive right and duty to collect , transfer, transport, recycle, compost, process and dispose of Solid Waste , Green Waste, Organic Materials, Construction and VVAgmt ( 10/20/09) 8
Demolition Waste including concrete wash-out waste and Recyclable Material generated or accumulated within City by any Residential , Commercial or Industrial Premises. This grant of franchise shall be exclusive except as provided in Section 3.02 below , and shall be subject to all of the terms and conditions of this Agreement.
3.02 LIMITATIONS ON EXCLUSIVE FRANCHISE
The Franchise granted to Contractor shall be exclusive except as to the categories of Solid Waste listed in this Section . The granting of this Franchise shall not preclude the categories of Solid Waste listed below from being delivered to and collected and transported by others provided that nothing in this Agreement is intended to or shall be construed to excuse any Person from obtaining authorization from the City which is otherwise required by law:
a. The sale or donation of Recyclable Material by the Waste Generator to any person or entity other than Contractor ; provided however, that the Waste Generator is paid monetarily for the material , or the material is picked up and disposed of at no cost to the Waste Generator. Waste Generator may not contract with another hauler to pay for removal of materials which have no intrinsic value;
b. Solid Waste, Green Waste , Organic Materials, Construction and Demolition Waste and Recyclable Materials which is removed from any premises by the Waste Generator , and which is transported personally by such generator (or his or her full-time employees ) to a Processing or Disposal Facility in a manner consistent with all applicable laws and regulations, utilizing equipment owned and or leased by the Waste Generator;
c. Containers delivered for Recycling under the California Beverage Container Recycling Litter Reduction Act (California Public Resources Code, section 14500 , et seq.):
d. Green Waste removed from premises by a gardening, landscaping, or tree trimming contractor, utilizing its own equipment , as an incidental part of a total service offered by that contractor rather than as a hauling service; e. The collection, transfer, transport, Recycling , processing, and disposal of animal remains from slaughterhouse or butcher shops for use as tallow; f. The collection , transfer, transport, Recycling, processing, and disposal of by-products of sewage treatment, including sludge, sludge ash, grit and screenings;
g. The collection , transfer, transport, Recycling , processing, and disposal of Hazardous Substances , Hazardous Waste, and radioactive waste regardless of its source;
VVAgmt (10/20/09) 9
h. The collection, transfer, transport, Recycling, processing , and disposal of Solid Waste by the City through City officers or employees in the normal course of their employment;
i. Solid Waste Handling Services for governmental agencies other than City, which may have facilities in City, but over which City has no jurisdiction in connection with the regulation of Solid Waste; and
j. Solid Waste Handling Services provided by any Person having a legal right to continue doing so , pursuant to California Public Resources Code section 49520, et seq., or otherwise, as long as and to the extent such legal right continues to exist.
k. In addition to the foregoing, in the event that future interpretations of current law, future enactments or developing legal trends limit the ability of City to lawfully grant Contractor the Scope of Services as specifically set forth herein, Contractor agrees that the scope of this Agreement will be limited to those services and materials which may be lawfully provided, and that City shall not be responsible for any lost profits claimed by Contractor as a result thereof.
3.03 FRANCHISE AREA DEFINED
The Franchise Area granted by this Agreement shall include all Residential, Commercial, and Industrial Generators within the City limits except as limited by this Agreement. As provided for below, the Franchise Area may be changed by annexation.
3.04 ANNEXATION COVERED BY EXISTING AGREEMENT
Territory annexed into the City that is covered by an existing Solid Waste permit, license, agreement or franchise granted by another public entity to another contractor may continue to be served by the same contractor for the balance of the term of such contractor's permit, license, agreement or franchise, subject to the applicable provisions of the Victorville Municipal Code and the provisions of this Agreement.
ARTICLE 4. TERM OF AGREEMENT
4.01 EFFECTIVE DATE
This Agreement shall become effective November 23, 2009 (the "Effective Date").
4.02 TERM
The initial term of this Agreement shall be five (5) years (the "Initial Term") commencing on the Effective Date and continuing in full force and effect until VVAgmt (10/20/09) 10
midnight, November 22, 2014 (the "Initial Expiration Date "). The word "Term" as used hereinafter may include references to the Initial Term or any subsequent extension thereof as provided for in this Article.
4.03 AUTOMATIC EXTENSION OF TERM
On the date which is thirty six (36) months prior to the Initial Expiration Date, this Agreement shall automatically be extended for an additional five (5) year period. Thereafter, on each date which is thirty six (36 ) months prior to the expiration date of the then -current Term (the "Renewal Date "), this Agreement shall automatically be extended for an additional five (5) year period . The Parties may, by mutual written consent , further extend the Term of this Agreement or modify the extension provisions set forth herein.
4.04 AVOIDANCE OF AUTOMATIC EXTENSION ; OTHER CHANGES TO TERM
Either Party shall have the right at any time to avoid the automatic extension provision set forth in the preceding Section . In order to exercise such right, the City or Contractor shall provide written notice thereof to the other Party in accordance with the notice provisions of Section 14.06 below (the "Notice of Nonrenewal "), prior to the Renewal Date. Upon the giving of such Notice of Nonrenewal there shall be no further extension of this Agreement, and the Term of this Agreement shall expire on the next applicable expiration date. Should a Notice of Nonrenewal be given by either Party prior to November 22, 2016, the Initial Term of the Agreement shall be extended and continue in full force and effect through November 22, 2019 . The foregoing notwithstanding, if either Party gives a Notice of Nonrenewal to the other Party prior to November 22, 2016, the automatic extension of term provision may be subsequently reinstated by the mutual written agreement of the Parties.
ARTICLE 5. CONTRACTOR SERVICES
5.01 PERFORMANCE STANDARDS
a. General. The work to be performed by Contractor pursuant to this Agreement shall include the furnishing of all labor, supervision, equipment, materials , supplies, and all other items necessary to perform the services required . All services performed and Solid Waste generated are subject to the exclusive rights to operate and collect , provided under the terms of this Agreement.
b. The work to be performed by Contractor pursuant to this Agreement shall be accomplished in a thorough and professional manner so that the residents and businesses within City are provided reliable, courteous, and high-quality service at all times.
VVAgmt (10/20/09) 11
c. Scope of Services. The services to be performed by Contractor are generally described in Attachment B, Scope of Services , but may also be specified and described in detail in other Sections of this Agreement, including without limitation this Section 5.01.
d. City Facility Collection Services. Contractor shall provide, at no charge to City , containers for, and Collection and Disposal of, all Solid Waste generated at Premises owned and/or operated by the City as designated in Attachment C, City Facility Collection Services . Contractor shall provide necessary bins for disposal of Solid Waste generated from weed abatement and street sweeping . City Facilities not operated for a public purpose or operated as a City enterprise shall pay for service at the rates and charges in effect at the time service is rendered and under the same terms and conditions as any other Commercial /Industrial Premises Customer.
Contractor shall provide each City Facility with the appropriate number of Carts or Bins for the collection of Solid Waste and commingled Recyclable Materials appropriate for the type and amount of materials on a facility -by-facility basis . Contractor shall also provide Debris Boxes at City 's corporation yard of the appropriate size and quantity for Solid Waste, source-separated Green Waste and source-separated Construction and Demolition Waste (concrete and asphalt , woody waste , metals and sand, soil and sod ) for the amount of materials generated.
Contractor shall provide and operate a public drop-off site for residential Solid Waste Materials including ; Recyclables , Bulky Waste items, Green Waste, E-Waste, Batteries, Paint and Oil at 15121 Palmdale Road for the term of the City's current lease for that location, and at any other mutually agreed upon locations . Contractor shall be responsible for all required City approvals, permits and fees at 15121 Palmdale Road and any other future locations.
e. Frequency and Location . Contractor shall collect Solid Waste and Recyclables from Residential Premises receiving individual collection one time per week from Contractor -provided containers. Contractor shall collect Solid Waste and Recyclables from Commercial Premises, including Residential Premises utilizing Bin Service, and Industrial Premises a minimum of one time per week from Contractor-provided Bins or Debris Boxes or from stationary Compactors provided by Contractor or Customer. The City may approach Contractor at any time during the Term of this Agreement to discuss adding an organics material composting program as an addendum to this Agreement.
f. Commercial Recycling Program . Contractor will implement a comprehensive Commercial Recycling Program , including Source Separated and Select Commercial Recycling collection. Multi-family bin service customers will be included in the Commercial Recycling Program.
It is the intent that the Commercial Recycling Program include all customers receiving service of 4 cubic yards or more per week.
VVAgmt (10/20/09) 12
g. Contractor's equipment and staff will be available to assist with City- declared emergencies.
5.02 COLLECTION DAYS AND TIMES
a. Residential Premises . Collections from Residential Premises shall be made Monday through Friday between the hours of 6:00 a .m. and 8:00 p.m. Collections of Solid Waste and Recyclable Materials shall be made on the same day.
b. Non-Residential Premises. Collections from Non-Residential Premises shall be made Monday through Saturday between the hours of 5:00 a.m. and 8:00 p .m. Collections shall be scheduled at a day and time mutually agreed upon by Contractor and Customer . Collections of Solid Waste and Recyclable Materials may be made on different days.
c. Holiday Schedule . Contractor's collection operations shall observe the same holiday schedule as the Disposal Facility set forth in Section 9.02 of this Agreement . When a holiday falls on a regular collection day, scheduled collections shall occur on the next regularly scheduled Collection the remainder of that week . Contractor shall advise Customers of upcoming holidays and the holiday collection schedule in advance of the holiday.
5.03 SERVICE STANDARDS
a. Service Mandatory . It is understood and agreed that trash Collection Service from Contractor is a mandatory service of all premises within City.
b. Overfilled Carts or Bins. All materials placed in carts or bins by Customers must be fully contained in the carts or bins with the lid closed and Contractor shall not be required to collect carts or bins that are overfilled. Contractor shall attach a notice on Carts or Bins not Collected citing the reason for non -Collection ("Notice of Non-Collection"). The form and content of the Notice of Non -Collection shall be approved by the City.
c. Clean out of Enclosures . Contractor shall clean out any overflowing bins or enclosures within twenty -four (24) hours of notification by City, the cost of which shall be borne by the Customer . Contractor shall work with the City Manager or City Manager ' s designee in identifying and resolving continual problems of overages or misuse in Customer bins or enclosures. d. Uncontained Materials. Contractor shall only collect uncontained Solid Waste and Recyclable Materials when such Collection has been arranged in advance by Customer and for which Customer has agreed to pay the appropriate Rate.
VVAgmt (10/20/09) 13
e. Bins Required For Apartment Complexes . Multi-Family Premises or apartment complexes with more than four (4) individual dwelling units shall use Bins for Solid Waste Collection.
f. Bin Placement. When delivering Bins to new Customers at Residential Premises and Commercial Premises, including Multi -Family Premises, Contractor shall advise Customer to consult the City's adopted standards and requirements for enclosures and bin placement.
ARTICLE 6 . OTHER SERVICES
6.01 CUSTOMER SERVICE
a. General . The Customer service function shall consist of providing Customer service representatives for telephone , electronic mail and in- person contacts by Residential and Non-Residential Customers regarding:
(i) starting or stopping service , (ii) ordering extra Containers, (iii) ordering exchanges of damaged Containers, (iv) inquiring or expressing concerns about service , ( v) inquiring about sanitation bills, and (vi) processing payments.
b. Role of City. City shall perform the Customer service functions that include inquiries about sanitation bills, starting and stopping service, and processing payments for routine service for all Residential and Non- Residential Customers , Monday through Thursday during normal City business hours.
c. Role of Contractor . Except for responding to inquiries about sanitation bills, starting or stopping service, and processing payments for routine service , Contractor shall perform the Customer service function described in Section 6.01, above , for Collection Service on City' s behalf for Residential and Non-Residential Customers Monday through Friday.
Contractor shall also work with City staff to address and resolve issues which include but are not limited to Solid Waste code enforcement and pick-up and delivery of Solid Waste and recycling containers . City shall receive real time notification of all Residential and Non-Residential Customer requests, including disposition.
Contractor shall handle billing and process payments for services of a temporary nature. Contractor shall log all Friday Customer requests for such temporary services and provide same to City before 10 :00 a.m. the following Monday.
d. Office Hours. Contractor's office hours shall be , at a minimum, from 8:00 a.m. to 5:00 p.m. Monday through Friday , and 8:00 a .m. to 12 noon Saturday. A representative of Contractor shall be available during office hours for communication with Customers at Contractor ' s principal office.
In the event that normal business problems cannot be rectified over the telephone, a representative of Contractor shall agree to meet with VVAgmt (10/20/09) 14
Customer at a location agreeable to Contractor and Customer . Normal office hours telephone numbers shall either be a local or toll free call.
Contractor shall also maintain a local or toll free after-hours telephone number or answering service available at said after -hours telephone number during all hours other than normal office hours. e. Missed Collections. All missed Collections will be made up on the following Collection day.
f. Service Complaints. All Customer Collection Service complaints shall be directed to Contractor. Contractor shall record all complaints received by mail, by email , by telephone, or in person (including date, name , address of complainant , and nature of complaint) and forwarded to City on a monthly basis . Contractor agrees to use its best efforts to resolve all complaints by close of business (waste collection) day following the date on which such complaint is received. Service complaints may be investigated by the City Manager or his/her designee . Unless a settlement satisfactory to complainant, Contractor , and City Manager's designee is reached, the complainant may refer the matter to the City Manager for review.
g. Resolution of Disputes. Contractor shall notify Customers of this complaint resolution procedure at the time Customers apply for or are provided service.
A Customer dissatisfied with Contractor ' s decision regarding a complaint may ask the City Manager to review the complaint. To obtain this review, Customer must request City Manager review within thirty ( 30) days of receipt of Contractor's response to the complaint, or within forty-five (45) days of submitting the complaint to Contractor , if Contractor has failed to respond to the complaint . The City Manager may extend the time to request its review for good cause.
Before reviewing the complaint, the City Manager shall refer it to Contractor. If Contractor fails to cure the complaint within ten (10) days, City Manager shall review Customer ' s complaint and determine if further action is warranted . City Manager may request written statements from Contractor and Customer, and/or oral presentations.
City Manager shall determine if Customer ' s complaint is unresolved; and if so , what remedy , if any, shall be imposed . The remedy under this Section shall be limited to rebate of Customer charges related to the period of complaint.
City Manager may delegate these duties to a designee . The decision of City Manager or Manager 's designee shall be final on any matter under One Thousand Dollars ($1,000). In the event of a decision on a matter awarding One Thousand Dollars ($1,000 ) or more , Contractor may seek review by the City Council.
VVAgmt ( 10/20/09) 15
6.02 PAYMENT FOR TEMPORARY BINS AND DEBRIS BOXES.
Contractor may require payment in advance for temporary bin or temporary Debris Box services provided at Residential, Commercial or Industrial Premises.
ARTICLE 7. REQUIREMENTS FOR OPERATIONS
7.01 COLLECTION STANDARDS
a. Servicing of Containers. Contractor shall Collect the contents and return each Container to the location where Occupant properly placed the Container for Collection. Following Collection, Contractor shall place the Containers upright. Contractor shall use due care when handling Containers.
b. Bulky Item Collection. Each Single Family Residential Premises shall be entitled to two (2) Collections of up to five (5) Bulky Waste items which includes but is not limited to tires, televisions and computers, in each twelve (12) month period at no additional charge. Collections of additional Bulky Items or Bulky Items collected from Multi-Family Apartment Dwellings or Non Residential Customers shall be subject to the Rates included in the Customer Rate Schedule, Attachment D. c. Christmas Tree Collection. Curbside Collections of Christmas Trees from Single Family Residential Dwellings receiving individual Collection and set out by January 7 each year shall be performed free of charge. d. Missed Pick-Ups. When notified of a missed pick-up, Contractor shall Collect the Solid Waste, Recyclable Materials, or Green Waste on the day the notice is received, if possible, and in all cases shall Collect the missed pick-up by 6:00 p.m. of the next scheduled Collection day following receipt of the missed pick-up notification.
e. New Customers. Contractor shall deliver containers and initiate Collection services for a new Customer within five (5) business days of the Customer's request for service.
f. Change in Service. If an existing Customer requests a change in the number or size of their Solid Waste or Recyclable Materials Containers and/or frequency of collection, Contractor shall deliver and/or remove Containers and initiate changes in the Collection services within five (5) Business Days of the Customer's request for a change in service.
Contractor shall immediately (within one working day) notify City of any change in service so as to maintain billing accuracy.
g. Separate Collection. Contractor shall separately Collect Solid Waste and Recyclable Materials from each other and shall not commingle these materials at any time during the transportation or delivery of those materials to the Disposal Facility or Processing Facility. Solid Waste and VVAgmt (10/20/09) 16
Recyclable Materials Collected in City may be combined with similar materials Collected from other jurisdictions with the prior written approval of City and shall be allocated by Contractor to the City's Collection program based upon tonnage, volume or Container counts. h. Non -Collection Notices. Contractor may choose to not Collect materials for the following reasons: (i) Recyclable Materials contain excessive contamination; ( ii) materials contain Hazardous Waste; (iii) the loaded weight of a Container exceeds the maximum load limit specified by the Cart manufacturer ; ( iv) materials are not fully contained within Containers; and, (v) Container is not accessible due to vehicles or other obstacles . In such case, Contractor shall issue Non-Collection Notices stating the reason(s) the materials were not collected. The Notice of Non- Collection shall be affixed prominently on the Container to ensure that it is not inadvertently removed due to weather conditions. Contractor shall maintain a master record of Notices of Non -Collection issued for inspection by City.
i. Excess Materials. Materials not contained within Customer's container shall be considered as excess materials and Contractor shall not be required to collect the excess amounts unless Customer has arranged and paid for such Collection.
j. Care of Private Property. Contractor shall not damage private property and shall ensure that its employees: (i) close all gates opened in making collections , (ii) not cross landscaped areas, and (iii ) do not climb or jump over hedges and fences.
City shall refer complaints about damage to private property to Contractor who shall repair , to its previous condition , all damage to private or public property caused by its employees or operations.
Contractor shall repair damage and/or resolve claims regarding damage to property within thirty (30) calendar days of receipt of the Complaint. k. Spills and Cleanup. Contractor shall instruct employees to cleanup any spills or scattered materials resulting from its Collection operation.
Contractor shall not be required to cleanup spilled or scattered materials resulting from the actions of others including materials falling from overfilled containers or uncontained materials.
1. Warning Tags. Contractor shall prepare Warning Tags approved by City for use to advise Customers of collection rule infractions and/or non- collection such as but not limited to: (i) uncontained materials, (ii) prohibited contents , ( iii) excess weight , and (iv) blocked or inaccessible container. Warning Tags shall have an adhesive strip affixed to the back to adhere the tag to the Container. Warning Tags shall be of two-part construction so that Contractor 's employee can submit copies of all Warning Tags to Contractor's field supervisor , dispatch office or customer VVAgmt (10/20/09) 17
service representative. All collection rule infractions that warrant a Warning Tag shall be logged and the log shall be providedto City daily.
7.02 VEHICLES
a. General. Contractor shall provide a fleet of Collection vehicles sufficient in number and capacity to efficiently perform the work required by the Agreement in strict accordance with its terms . Contractor shall have available sufficient back-up vehicles to respond to mechanical breakdowns, complaints and emergencies.
b. Age. Contractor shall not introduce a used vehicle into service in City as a frontline collection vehicle that is more than five (5) years of age when introduced. Contractor shall not operate a vehicle in City as a regular route collection vehicle that is more than seven (7) years of age unless said vehicle is exceptionally well-maintained and has been accepted by the City. Contractor shall not operate a vehicle in City more than ten (10) years of age as a regular route collection vehicle.
Contractor shall be permitted to use vehicles older than the above limitations for periods up to thirty (30) days as back -ups for regular route vehicles when such vehicles are out of service for repair or maintenance or to supplement the regular collection vehicles for special programs such as community clean-ups or emergency situations.
c. Vehicle Emissions. Contractor shall comply with all applicable air quality rules and regulations in its vehicle deployment. During the Term of this Agreement or any extension thereof, all of Contractor 's newly acquired collection vehicles shall be powered by Compressed Natural Gas ("CNG") or Liquefied Natural Gas ("LNG") or by such other fuel that meets or exceeds the pollution and mileage performance standards of CNG or LNG-powered vehicles for the model year that the acquisition is made. If CNG fueled equipment is purchased , Contractor agrees to purchase CNG exclusively from the CNG fueling stations located on D Street and McArt Blvd. (the "Exclusive Stations"). Fuel will be priced competitively at market rates. In the event these Exclusive Stations become inoperative for any amount of time or the Exclusive Stations cannot efficiently and or safely accommodate the Contractor's fleet, the Contractor may utilize other fueling facilities until conditions at the Exclusive Stations are corrected.
Contractor shall be permitted to operate non-Alternative Fuel Vehicles for periods up to thirty (30) days as back-ups for regular route vehicles when such vehicles are out of service for repair or maintenance or to supplement the regular Collection vehicles for special programs such as community clean-ups or emergency situations.
d. Specifications. All vehicles operated in City by Contractor shall: (i) be registered with the California Department of Motor Vehicles ; (ii) have leak proof bodies designed to prevent leakage , spillage, and/or overflow; VVAgmt ( 10/20/09) 18
and (iii ) comply with California Environmental Protection Agency noise emission and California Air Resources Board air quality regulations. e. Identification . Contractor's name, local telephone number and vehicle identification number designated by Contractor shall be prominently displayed on the sides and rear of each Collection vehicle. f. Condition and Maintenance . Contractor shall maintain all of its vehicles and equipment used in providing service under this Agreement in a good, safe, neat, clean, and operable condition at all times. g. Operation . Vehicles shall be operated in compliance with Federal, State and local laws and regulations.
h. Vehicle Inventory and Replacement Plan. Annually, on or before October 1St of each year, Contractor shall provide City with an inventory of all collection vehicles currently operating in City listing (i) Contractor's vehicle identification number , (ii) year manufactured, (iii) make , (iv) body style, and (v) fuel type . Contractor shall include its collection vehicle replacement plan with the vehicle inventory.
7.03 CONTAINERS
a. General . Contractor shall provide all Carts, Bins , Debris Boxes, other Containers and Compactors, as appropriate, to all Customers as part of its obligations under the terms of this Agreement. All Containers shall be maintained in a safe, serviceable , and functional condition. Any Container impacted by graffiti shall be replaced by Contractor within forty-eight hours of being notified.
All Containers used in the performance of this Agreement shall remain the property of the Contractor.
b. Carts. Contractor shall supply carts for individual collection to all Residential Premises and certain small business Commercial Premises.
Each such Single Family Residential Customer shall receive one (1) cart each for Solid Waste and Recyclable Materials. Multi-Family Dwellings and Commercial establishments shall receive one (1 ) Cart each for Solid Waste and Recyclable Materials.
Carts provided by Contractor shall be offered uniformly in different colors for different materials : (i) 95-gallon Black carts with Black Lids for Solid Waste; and (ii) Blue 65 -gallon carts for Recyclable Materials . All Carts shall be equipped with hinged lids and wheels and shall be labeled for "TRASH" and "RECYCLING". Recycling carts will be labeled with a lid decal listing and graphically displaying acceptable Recycling Materials. c. New Customer Carts . Contractor shall provide new Customers with Carts no later than the next business day following notification of subscription.
New Customers shall receive Carts that are new, or alternatively, used Carts that have been pressure washed . All new Solid Waste carts shall be black.
VVAgmt (10/20/09) 19
d. Cart Replacement . Contractor shall replace all damaged or missing Carts by the next service day following receipt of Customer 's request. All replacement Solid Waste carts shall be black . Carts damaged by Contractor or from normal wear and tear shall be replaced at no charge to Customer. Contractor may charge customers to replace missing Carts or Carts damaged by Customer. Contractor shall notify Customer by the next service day following receipt of Customer ' s request if charges shall apply and shall additionally notify City of its findings . Should City determine that the need for cart replacement is the result of Contractor's actions and not the actions of Customer , City shall instruct Contractor to deliver a replacement cart at no charge to Customer. City 's decision shall be final. e. Bins. Contractor shall provide metal Bins in 1.5 cubic yard, 2 cubic yard, 3 cubic yard and 4 cubic yard sizes to select Residential Premises , select Multi-Family Premises complexes and select Commercial and Industrial Premises. All bins shall meet applicable Federal , State and local regulations for Bin safety, and shall be covered with attached lids. f. Recycling Bins. Contractor shall distinguish Recycling Bins by color, and shall clearly label them with Recycling Arrows and "Recycling Only". g. Multiple Bins . Contractor is to identify and propose recycling collection options for locations with multiple bin site limitations. h. Temporary Bins . Contractor shall provide metal 3 cubic yard bins for temporary use by any premises in the City for removal of Solid Waste, Construction and Demolition Debris or Green Waste. Contractor shall cover temporary bins during transport to prevent the release of litter and debris.
i. Debris Boxes. Contractor shall provide metal Debris Boxes (Roll-Off Boxes) of 10 cubic yard, 20 cubic yard, 30 cubic yard and 40 cubic yard sizes for regular use by select Commercial and Industrial Premises and for temporary use by any Premises in City. Contractor shall cover Debris Boxes during transport to prevent the release of litter and debris. j. Compactors . Contractor may provide, for a fee, stationary compactors for use by Customers or may service stationary compactors owned and provided by Customers provide that any stationary compactor provided by Customer shall meet the specifications of Contractor and be compatible with Contractor's collection vehicles.
k. Concrete Wash-Out Containers . Contractor shall provide containers suitable for the purpose of retaining the liquids and solids generated from the wash out process of vehicles containing concrete . Service for these containers will include the removal and disposal of concrete wastewater by means of a pumping process and standard disposal of concrete sediment solids.
VVAgmt (10/20/09) 20
7.04 PERSONNEL
a. General . Contractor shall furnish such qualified drivers, mechanical, supervisory, Customer service, sales, recycling , clerical and other personnel as may be necessary to provide the services required by this Agreement in a safe and efficient manner.
b. Contractor will be responsible for the following services which include, but are not limited to:
1) Develop Organic Material (food and green waste ) collection pilot programs at Contractor's sole expense;
2) Organize and provide quarterly document destruction events (Shred-Fest) at Contractor' s sole expense;
3) Development and management of school outreach recycling programs. This program shall include annual visits to all schools and classrooms within the City limits which receive Collection Services provided by Contractor under this Agreement , provided such schools and classrooms continue to receive such Collection Services;
4) Implement a program to utilize Radio Frequency Identification Devices on all new residential carts and all existing and new non- residential and residential bins;
5) Establish a periodic residential and non-residential route audit and service verification program , linked to customer billing; 6) Provide a social marketing based program to reduce recycling contamination and increased recyclable material recovery for residential and non -residential customers, including a comprehensive container inspection and compliance element; and 7) Development and management of commercial recycling outreach program.
Within 90 days of the Effective Date of this Agreement, Contractor shall develop a plan for City approval for each of the services to be provided in paragraphs 1) through 7 ), above . The plan shall include verifiable performance measurement factors and quarterly program reports presenting performance results. c. No Gratuities . Contractor shall not permit its employees to demand, solicit or accept any additional compensation or gratuity in exchange for Collection Service.
d. Conduct and Courtesy. Contractor shall employ only competent and qualified personnel who serve the public in a courteous , helpful, and impartial manner. Contractor shall use its best efforts to assure that all employees present a neat appearance and conduct themselves in a courteous manner. If any employee is found not to be courteous or not to be performing services in the manner required by this Agreement, VVAgmt(10/20/09) 21
Contractor shall take appropriate measures. The City may require Contractor to reassign an employee , if the employee has conducted himself or herself inconsistently with the terms of this Agreement. e. Uniforms. While performing services under this Agreement, all Contractor' s employees performing field service shall be dressed in clean uniforms.
7.05 HAZARDOUS WASTE
a. To the extent practical , Contractor shall inspect containers for the presence of Hazardous Waste and take reasonable precautions to prevent the Collection of Hazardous Waste.
b. If the presence of Hazardous Waste is detected in any container, Contractor's personnel shall not collect the contents of the container and shall leave a Notice of Non-Collection.
c. If Hazardous Waste is later detected in a load , Contractor shall attempt to contact the offending Customer who shall be responsible for its removal and cost of removal.
ARTICLE 8. FRANCHISE AND ADMINISTRATIVE FEES
8.01 GENERAL
In consideration for the rights and privileges provided in this Agreement, and the costs associated in providing services thereunder, the City will retain Franchise Fees and Administrative Fees from the sums collected from its Customers for such services . The Franchise Fee is four percent (4%) of the City 's gross monthly billings for Solid Waste and Recycling . The Administrative Fee shall be collected as fifteen (15%) of the City 's gross monthly billings for Solid Waste and Recycling , less the Franchise Fee. Beginning July 1, 2010, and continuing through the Term of this Agreement , and any extensions thereof, the Administrative Fee will be collected as fifteen percent (15%) of the City ' s gross monthly billings for Solid Waste and Recycling. Contractor will pay a Franchise Fee and Administrative Fee, in the same amounts provided in this paragraph, from all sums collected directly from its Customers under this Agreement.
ARTICLE 9. DISPOSAL AND PROCESSING FACILITIES
9.01 GENERAL
City shall approve the use of all Disposal Facilities and Processing Facilities designated by Contractor . During the term of this Agreement the City shall be responsible for payment of Gate Fees charged by these facilities , except that VVAgmt ( 10/20/09) 22
Contractor is responsible for Gate Fees incurred for all temporary services. In no event shall City be responsible for costs in excess of the Gate Fee charged by an approved facility.
9.02 DISPOSAL FACILITIES
Contractor hereby designates and City approves the use of the San Bernardino County Victorville Landfill, in Victorville, California as the Disposal Facility for Solid Waste Collected by Contractor under the terms of this Agreement.
Contractor shall comply with City's obligations for delivering controllable waste under the San Bernardino County Waste Disposal Agreement.
9.03 PROCESSING FACILITIES
Contractor hereby designates and City approves the use of the Victor Valley Materials Recovery Facility, in Victorville, California as the Processing Facility for Recyclable Materials Collected by Contractor under the terms of this Agreement.
ARTICLE 10. CONTRACTOR COMPENSATION AND RATES
10.01 GENERAL
Contractor' s compensation provided for in this Article 10 shall be the full, entire, and complete compensation due to Contractor pursuant to this Agreement for all labor, equipment, materials and supplies, fees charged at the designated Disposal Facilities and Processing Facilities, fees due to City, taxes, insurance , bonds, overhead, profit, and all other items necessary to perform all of the services in the manner required by the Agreement.
10.02 STANDARD SERVICE.
As compensation for the performance of Standard Service work in each calendar month, the Contractor shall be paid an amount equal to the applicable Service Unit Rate, as set forth in Attachment E, Contractor Service Unit Rates , multiplied by the total number of Service Units billed by the City for that calendar month.
Contractor shall receive payment from City on or before the fifteenth day of the following calendar month.
The current Service Unit Rate shall be effective upon the Effective Date of this Agreement. Such current Service Unit Rates are set forth in Attachment E, Contractor Service Unit Rates.
VVAgmt (10/20/09) 23
10.03 BIN SERVICE
As compensation for the performance of Bin Service work in each calendar month. Contractor shall be paid an amount equal to the Bin Service unit rate, set forth in Attachment E, multiplied by the total number of bin units billed by the City for that calendar month. Contractor shall receive payment from City on or before the fifteenth day of the following calendar month.
The current Bin Service unit rate shall be effective upon the Effective Date of this Agreement. The current Bin Service unit rate is set forth in Attachment E.
10.04 RESIDENTIAL PARTICIPATION
City and Contractor hereby acknowledge that Contractor has based its rates in Attachment D, Customer Rate Schedule , and its expectation of meeting AB 939 goals , upon full participation of all Residents and Non- Residents in the Collection Services described herein . City and Contractor agree to consider reasonable modifications to this Agreement in the event less than adequate participation is achieved.
10.05 INITIAL RATES
All Residential and Non-Residential Customers shall pay for Collection Service in accordance with those rates specified in Attachment D, Customer Rate Schedule.
Contractor' s services to City Facilities shall be provided at no charge when operated for public purpose and not as an enterprise . City Facilities not operated for a public purpose or operated as a City enterprise shall pay for service at the rates and charges in effect at the time service is rendered and under the same terms and conditions as any other Commercial Customer.
10.06 ANNUAL FORMULA- BASED COMPENSATION ADJUSTMENT
The maximum rates set forth in Attachment D, Customer Rate Schedule, shall be adjusted annually effective each September 1St by an amount equal to the twelve (12) month mean average change in the Consumer Price Index for All Urban Consumers for Los Angeles-Riverside-Orange Counties as published by the United States Department of Labor, Bureau of Labor Statistics for the previous twelve (12) month period. The first such adjustment shall become effective July 1St, 2010 and shall apply ("CPI") to all rate components except the Disposal Fee component.
a. Adjustment Request Procedure. Contractor shall submit its request for a CPI-based rate adjustment not later than May 5th of each year using the form specified in Attachment D, accompanied by a complete revised proposed Attachment D, Customer Rate Schedule, reflecting the CPI- based rate adjustment.
V VAgmt (10/20/09) 24
b. Adjustment Approval Procedure. Contractor ' s request shall be reviewed and approved by the City Council . The City Council' s decision shall be based solely upon verification of the change in CPI in accordance with the formula set forth in this Agreement and verification of Contractor's computations of the changes in Attachment D, Customer Rate Schedule.
The City Council ' s approval shall be rendered not later than June 15th and shall not be unreasonably withheld.
10.07 DISPOSAL AND PROCESSING FEE ADJUSTMENT
The Disposal and Processing Fee components of the rates specified in Attachment D, Customer Rate Schedule are pass-through fees. These fees shall be adjusted concurrent with the effective date of any change in the Disposal and or Processing Fees charged by the County of San Bernardino and or any other approved Disposal or Processing Facility.
10.08 CHANGES IN SCOPE OF SERVICES
The rates and fees identified in Attachment D, Customer Rate Schedule, provided for in Section 10.03 hereof, shall be adjusted for Contractor's operating expense, overhead expense and profit to reflect any changes or additions to Attachment B, Scope of Services, which are mutually agreed-upon by the Parties in writing or ordered by City. Contractor's compensation for changes in Attachment B, Scope of Services, shall be established by the following procedure:
a. City shall provide Contractor written notice describing the addition or change in the Scope of Services desired by City.
b. Within thirty (30) days following receipt of City's written notice, Contractor shall submit its written proposal to provide the services requested by City. At a minimum, Contractor's proposal shall include (i) a description of how the service will be rendered; (ii) Contractor's schedule to provide the requested services; (iii) Contractor's cost to render the requested service; and (iv) a description of any options or alternatives Contractor deems appropriate.
c. Within thirty (30) days following the submittal of Contractor's written proposal, City and Contractor shall meet and negotiate in good faith to agree on an amendment to this Agreement to provide the services described by City.
d. Should City and Contractor be unable to reach a negotiated agreement on an amendment to this Agreement to provide the services requested by City, the City Council may order that Contractor provide the services for the compensation determined by the City Council which shall be reasonable compensation for Contractor's cost for providing the service.
The decision of the City Council shall be final.
VVAgmt (10/20/09) 25
10.09 EXTRAORDINARY RATE ADJUSTMENTS
Contractor may request an adjustment to its Rates at reasonable times other than that allowed in Sections 10.06 and 10.07 in the event of extraordinary changes in the cost of providing service under this Agreement.
a. Included Changes. Changes in the cost of providing service considered extraordinary shall include but not be limited to:
1) Changes in Law. Changes in law or regulations enacted after the Effective Date of this Agreement by Federal, State, or local regulatory agencies including amendments to City's Municipal Code.
2) Extraordinary Costs. Changes in operating costs brought about by unforeseen circumstances beyond the control of the Contractor. 3) Change in Disposal Facility. Temporary or permanent changes in the location of the Disposal Facility.
b. Request and Review. For each request for an extraordinary Rate adjustment to Rates that Contractor may charge Customers brought pursuant to this Section 10.09, Contractor shall prepare a schedule documenting the extraordinary costs and request for Reasonable Compensation. Such request shall be prepared in a form acceptable to City with support for assumptions made by Contractor in preparing the estimate. City shall review the Contractor's request and, in City's sole judgment and absolute, unfettered discretion make the final determination as to whether an adjustment to the Rates will be made, and, if an adjustment is to be permitted, the appropriate amount of the adjustment.
City's approval shall not be unreasonably withheld. Any approved extraordinary adjustments will be limited to one year from approval, and be subject to verification that the circumstances warranting the adjustment did not change during that year.
10.10 ADDITIONAL CUSTOMER RATE INCREASE PROCEDURES
Contractor acknowledges that Proposition 218 procedures may be applicable to any rate increases proposed to be passed on to customers, with the exception of the CPI increases set forth in Section 10.06, above. If such procedures are applicable, no increases to rates to be passed on to Customers shall become effective until the City has complied with any applicable Proposition 218 procedures. In the event such rate increases do not receive approval under applicable Proposition 218 procedures , the City shall not be liable to Contractor for the failure to implement any such increases, nor shall City be required to compensate Contractor for any requested rate increases or "pass through" rates.
However, with respect to Scope of Services changes requested by the City pursuant to Section 10 .08, the City Council may , at its sole discretion, determine VVAgmt ( 10/20/09) 26
whether the City shall compensate Contractor for such additional services without increasing Customer rates.
ARTICLE 11. RECORDS AND REPORTS
11.01 RECORDS
a. General. Contractor shall maintain records required to conduct its operations, to support requests it may make to City, and to respond to requests from City.
b. Inspection. Contractor's records shall be available for inspection by City during regular business hours and upon reasonable notice. c. Records Retention. Contractor shall maintain all records required in the performance of this Agreement for a period of five (5) years after its expiration or early termination.
d. Customer Records. Contractor shall maintain Customer service information by service route including: (i) name and address of Customer; and, (ii) service level.
e. Service Records. Contractor shall maintain records of Customer complaints and inquiries for three (3) years.
f. Materials Records. Contractor shall maintain a monthly record by service route of the weight of Solid Waste, Recyclable Materials and Construction and Demolition Waste collected from all Premises in the City. g. Disposal Records. Contractor shall maintain a monthly record of all Solid Waste disposed of at the Disposal Facility.
h. Route Information. Contractor shall maintain a record of its routes and collection days by service route for review by the City. Such record may be in the form of maps and route books.
11.02 REPORTS
a. General. Contractor shall submit reports according to the following schedule: (i) monthly reports within forty-five (45) days after the end of the reporting month; (ii) annual reports within forty-five (45) days after the end of the calendar year; and (iii) event-specific reports shall be submitted within thirty (30) Days following the occurrence. Monthly reports shall include all Commercial Refuse and Recycling customers including location and service levels.
b. AB 939 Reporting. Contractor shall prepare and deliver to City all annual reports to California Department of Resources Recycling and Recovery (the "CDRR&R") required by AB939 and any other reports requested or required by the CDRR&R in a complete and timely fashion for City review prior to submittal to the CDRR&R.
VVAmt (10/20/09) 27
c. Reporting Violations . The failure or neglect of the Contractor to file any of the required reports , or the inclusion of any materially false or misleading statement or representation made knowingly by Contractor in such report shall be deemed a material breach of the Agreement , and shall subject Contractor to all remedies, legal or equitable, which are available to City under the Agreement or otherwise.
d. Commercial Recycling Report . Contractor will provide a quarterly report:
1) Showing all commercial recycling, select , and refuse Customers (including location and service level);
2) Explaining why refuse only Customers are not receiving recycling or select service; and
3) Identifying progress in reducing refuse only Customers and increasing recycling tonnage.
11.03 AUDIT
a. Auditable Records . Contractor shall maintain in auditable form all records relating to the services provided hereunder , including but not limited to, customer lists, maps, AB 939 compliance records , and Customer complaints, for the full Term of this Agreement, and an additional period of not less than three (3) years , or any longer period required by law or by City. The City shall have the right , upon giving thirty ( 30) days advance written notice to Contractor, to inspect maps , AB 939 compliance records, Customer complaints , and other like materials of Contractor which reasonably relate to Contractor 's compliance with the provisions of this Agreement. Such records shall be made available to City at Contractor's regular place of business, but in no event outside the County of San Bernardino.
ARTICLE 12. INDEMNITY AND INSURANCE
12.01 INDEMNIFICATION
a. Indemnification of City . Contractor shall indemnify , defend and hold harmless City, its officers , employees and agents (collectively, the "Indemnitees"), from and against (i) any and all liability, penalty, claim, demand, action, proceeding or suit , of any and every kind and description, whether judicial , quasi-judicial or administrative in nature, (ii) any and all loss including , but not limited to, injury to and death of any person and damage to property, and (iii) contribution or indemnity demanded by third parties (collectively, the "Claims "), arising out of or occasioned in any way by, directly or indirectly, Contractor 's performance of, or its failure to perform, its obligations under this Agreement. The foregoing indemnity shall not apply to the extent that a Claim is caused solely by active negligence or intentional misconduct of the Indemnitees. Contractor shall defend (with attorneys reasonably acceptable to City ) the Indemnitees.
VVAgmt (10/20/09) 28
Contractor' s duty to defend , indemnify and hold harmless Indemnitees shall survive the expiration or earlier termination of this Agreement. b. Indemnification of Contractor. City shall indemnify, defend and hold harmless Contractor , its officers, directors , shareholders, employees and agents (collectively, the "Indemnified Parties "), from and against (i) any and all liability , penalty, claim, demand, action, proceeding or suit, of any and every kind and description, whether judicial, quasi-judicial or administrative in nature, (ii) any and all loss including, but not limited to, injury to and death of any person and damage to property , and (iii) contribution or indemnity demanded by third parties (collectively, the "Claims"), arising out of or occasioned in any way by , directly or indirectly, City's performance of, or its failure to perform , its obligations under this Agreement . The foregoing indemnity shall not apply to the extent that a Claim is caused solely by active negligence or intentional misconduct of the Indemnified Parties. City shall defend (with attorneys reasonably acceptable to City) the Indemnified Parties. City's duty to defend, indemnify and hold harmless the Indemnified Parties shall survive the expiration or earlier termination of this Agreement. c. AB 939 Indemnification. Contractor agrees to indemnify and hold harmless the Indemnitees against all fines and/or penalties imposed by the CDRR&R based on Contractor's failure to comply with laws, regulations or permits issued or enforced by the CDRR &R or caused or contributed to by Contractor ' s failure to perform its obligations under this Agreement.
This indemnity obligation is subject to the limitations and conditions in California Public Resources Code section 40059 .1, but is enforceable to the maximum extent allowable by that Section . This indemnity shall survive the termination or expiration of this Agreement. d. Hazardous Waste Indemnification. Except with respect to Disposal of Solid Waste collected from the City Facilities designated in Attachment C, City Facility Collection Services, Contractor shall indemnify, defend with counsel approved by City, protect and hold harmless Indemnitees and any successor or successors to City's interest from and against all claims, actual damages (including but not limited to special and consequential damages); natural resources damage, punitive damages, injuries, costs, response, remediation and removal costs , losses, demands, debts, liens, liabilities , causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties , and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid , incurred or suffered by, or asserted against, Indemnitees arising from or attributable to any repair, cleanup or detoxification , or preparation and implementation of any removal, remedial, response, closure or other plan hazardous substance or hazardous wastes at any place where Contractor stores or disposes of municipal solid waste or construction debris pursuant to this Agreement.
VVAgmt ( 10/20/09) 29
The foregoing indemnity is intended to operate as an agreement pursuant to Section 107 (e ) of the Comprehensive Environmental Response, Compensation and Liability Act, "CERCLA", 42 U.S. C. section 9607 (e), and California Health and Safety Code section 25364, to insure , protect, hold harmless, and indemnify City from liability. This provision is in addition to all other provisions of this Agreement and is intended to apply to Contractor's actions during the term of this Agreement and survive the end of the Term of this Agreement.
12.02 INSURANCE
Without limiting Contractor's indemnification of Indemnitees pursuant to Section
12.01 above, and at its sole expense, Contractor shall procure from an insurance company or companies admitted to do business in the State, and shall maintain in force at all times during the Term of this Agreement, the following types and amounts of insurance:
a. Workers' Compensation and Employer's Liability. Contractor shall maintain workers' compensation insurance covering its employees in statutory amounts and otherwise in compliance with the laws of the State.
Contractor shall maintain employer's liability insurance in an amount not less than one million dollars ($1,000,000) per accident or disease.
Contractor shall not be obligated to carry workers' compensation insurance if. (i) Contractor qualifies under California law and continually complies with all statutory obligations to self-insure against such risks; (ii) furnishes a certificate of Permission to Self-Insure issued by the Department of Industrial Relations; and (iii) furnishes updated certificates of Permission to Self-Insure periodically to evidence continuous self insurance.
b. General Liability Insurance and Commercial Vehicle Liability Insurance.
The limits of such insurance coverage, and companies, if any, shall be subject to review and approval by the City's Risk Manager. Contractor shall obtain and maintain in full force and effect throughout the entire Term of this Agreement a Broad Form Comprehensive General Liability (occurrence) policy with a minimum limit of Four Million Dollars ($4,000,000.00) aggregate and One Million Dollars ($1,000,000.00) per occurrence for bodily injury and property damage. Said insurance shall protect Contractor and City from any claim for property damage which may arise from operations performed pursuant to this Agreement, whether such operations are by Contractor itself, or by its agents, employees, and/or sub-contractors. Contractor shall also obtain and maintain a Commercial Vehicle Liability Insurance policy, covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Contractor, its officers, employees, servants, volunteers, agents and independent contractors and/or subcontractors in performing the services required by this Agreement.
VVAgmt (10/20/09) 30
c. Endorsements. Copies of the endorsements evidencing the above required insurance coverageshall be filed with the City Clerk. All of the following endorsementsare required to be made a part of the insurance policies required by this Section:
"City, its employees, agents, contractors, and officers, are hereby added as additional insureds as respectsliability arising out of activities performed by or on behalf of Contractor."
"This policy shall be considered primary insurance as respects any other valid and collectible insurance the City may possess including any self- insured retention City may have, and any other insurance City does possess shall be considered excess insurance and shall not contribute with it.9J
"This insurance shall act for each insured, as though a separate policy had been written for each. This, however, shall not act to increase the limit of liability of the insuring company."
"Thirty (30) days prior written notice by certified mail, return receipt requested, shall be given to City in the event of suspension, cancellation, reduction in coverage or in limits, or non-renewal of this policy for whatever reason. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given. Such notices shall be sent to the City Clerk."
The limits of such insurance coverage, and companies, shall be subject to review and approval by the City's Risk Manager every year and may be increased at that time to match the coverage provided by City's own liability insurance policy. City shall be included as an additional insured on all policies and endorsements. The requirements of this Section may be satisfied in whole or in part by Contractor's self-insurance program. d. Modification. The insurance requirements provided herein may be modified or waived in writings by the City Council upon request of Contractor, or in the sole discretion of City provided the City Council determines such modification or waiver is in the best interests of City considering all relevant factors, including acceptable coverage amounts.
ARTICLE 13. CONTRACTOR PERFORMANCE
13.01 ANNUAL REVIEW
a. City Manager Review. Annually within sixty (60) days of the anniversary of the Effective Date of this Agreement, City Manager may, and, if a public hearing review before City Council is to be held, shall conduct a review of Contractor's performance, quality of service, Collection systems and programs, feasibility of new services and new technologies, Customer complaints, rights of privacy , amendments to Agreement, developments in VVAgmt ( 10/20/09) 31
law, new initiatives for meeting or exceeding AB 939 goals , regulatory constraints and other services, jointly with Contractor for the purpose of identifying problems , progress and opportunities . Within sixty (60) days of such City Manager review , City Manager shall issue a written report summarizing the findings and conclusions of the review. Within thirty (30) days following receipt of City Manager's written report , Contractor shall provide City Manager a written response.
b. Public Hearing . At City' s sole option , within sixty (60) days following City Manager' s review , City may hold a public hearing at which Contractor shall be present and shall participate, to discuss City Manager's review and to accept written and oral public testimony regarding Contractor' s performance , quality of service , Collection systems, programs and other services and these shall be considered. c. City Report. Within sixty (60) days after the conclusion of the public hearing, City shall issue a report with respect to : ( i) the adequacy of Contractor's performance and quality of service ; and (ii) a listing of any service changes desired and considered technically and economically feasible by City. City may require Contractor to provide such services within a reasonable time , for reasonable rates and compensation. If any noncompliance with Agreement is found , City may direct Contractor to correct the inadequacies by issuing a Notice of Noncompliance in accordance with this Section 13.01.
d. Contractor Response to Inadequacies . Within sixty (60) days after receiving a notice of noncompliance from City, Contractor shall submit a report to City indicating: ( i) inadequacy cited by City; ( ii) cause of inadequacy; (iii) corrective measures taken by Contractor including dates action was taken ; and (iv) measures taken by Contractor to prevent reoccurrence of the inadequacy.
13.02 BREACH
Each of the following shall constitute a material breach of this Agreement by Contractor:
a. Contractor fails to perform its obligations under this Agreement and its failure to perform is not cured within ten (10) business days after written notice from City;
b. Contractor fails to perform its obligations under any Section of this Agreement and its failure to perform is not cured within ten (10) business days , after written notice from City, provided that if the nature of the breach is such that it will reasonably require more than ten (10) business days to cure, Contractor shall not be in breach so long as it promptly advises City in writing of the reasonable additional time required to cure, subsequently commences the cure and diligently proceeds to completion VVAgmt ( 10/20/09) 32
of the cure; and provided further that neither notice nor opportunity to cure applies to events described in Subsections c through h, below; c. Contractor ceases to provide Collection and transportation services for a period of two (2) business days for any reason within Contractor's control, including labor unrest such as strike , work stoppage or slowdown , sickout, picketing , or other concerted job action by Contractor's employees; d. Contractor files a voluntary petition for relief under any bankruptcy, insolvency or similar law;
e. An involuntary petition brought against Contractor under any bankruptcy, insolvency or similar law which remains undismissed or unstayed for ninety (90) calendar days;
f. Contractor fails to provide reasonable assurance of performance when required under any provision of this Agreement; and
g. A representation or warranty contained in Section 2.01, above proves to be false or misleading in a material respect as of the date such representation or warranty was made.
13.03 ADMINISTRATIVE HEARING
a. Hearing Required. An administrative hearing shall be held: (i) if either Party alleges a breach of this Agreement by the other; and (ii) preceding a default hearing before the City Council . Should either Party contend a breach of this Agreement by the other Party , the offended Party shall give a written request with the other Party for an administrative hearing within fourteen (14) days of the alleged breach.
b. Hearing Officer Selection . Within ten ( 10) days of receipt by either Party of a written notice requesting an administrative hearing , City Manager and Contractor shall meet to mutually agree on the selection of a hearing officer. If agreement is not reached within twenty (20) days after the notice requesting an administrative hearing is received , the offended Party shall select the hearing officer from a list of three potential hearing officers who are retired California Superior Court or appellate Court justices , none of whom are related to the Parties , prepared in advance by the City Manager and approved by the City Council.
c. Hearing Procedure and Venue. The hearing shall be conducted according to California Code of Civil Procedure Section 1280 , et seq. (the "California Arbitration Act"). The exclusive venue shall be in San Bernardino County, California. A hearing officer to whom a matter is referred shall have the authority to (i) order the City or Contractor to undertake remedial action to cure the breach and to prevent occurrence of similar breaches in the future; (ii) assess damages and/or levy a penalty upon the City or the Contractor consistent with the terms of this Agreement; or (iii ) find there has been no breach . If the hearing officer VVAg t(10/20/09) 33
finds there has been no breach , such a decision precludes the City from conducting a default hearing.
d. Payment of Fees . The Party losing the hearing shall be liable for the hearing officer's fees.
e. Failure to Comply. Any failure of Contractor to comply with the hearing officer ' s order shall be deemed a material breach of the Agreement, and may be grounds for termination of the Agreement.
f. Hearing Commencement ; Discovery . The hearing officer shall commence the hearing within thirty (30) days of selection unless the Parties and the hearing officer otherwise agree . Any Party to the hearing may issue a request to compel reasonable document production from the other Party.
Disputes concerning the scope of document production and enforcement of document requests shall be subject to agreement by the Parties, or if agreement is not reached within twenty (20) days of that document request, then by disposition by order of the hearing officer. Any such document request shall be subject to the proprietary rights and rights of privilege of the Parties, and the hearing officer shall adopt procedures to protect such rights . Except as may be otherwise specifically agreed by the Parties, no other form of pretrial discovery shall be available to the Parties; provided that if either Party notifies the hearing officer that a material violation of the Franchise or rights in connection therewith is claimed by either Party , the provisions of Code of Civil Procedure section 1283.05 shall apply.
g. Communications . Neither Party may communicate separately with the hearing officer after the hearing officer has been selected . All subsequent communications between a Party and a hearing officer shall be simultaneously delivered to the other Party . This provision shall not apply to communications made to schedule a hearing or request a continuance. h. Effective Date ; Findings . Until a final decision is entered by the hearing officer proceeding under the foregoing provisions and the time for appeal or other post judgment petition has expired, the imposition or enforcement of any penalties or sanctions provided in this Agreement and related to the subject matter of the hearing shall be stayed . The hearing officer may modify or cancel any proposed penalties or sanctions upon finding that the Party subject thereto acted with substantial justification or if the interest of justice so requires.
i. Appeal . Any Party to an administrative hearing as set forth in this Section may petition the Superior Court in San Bernardino County , California to confirm, correct, or vacate the decision on the grounds stated in the California Arbitration Act. Any proceedings on appeal shall be in accordance with California Code of Civil Procedure sections 1294 and 1294.2.
VVAgmt (10/20/09) 34
J. Award/Decision Non-Binding. To the extent that the administrative hearing procedure set forth herein is interpreted as a requirement for arbitration, any decision by a hearing officer arising out of such administrative hearing shall be NON-BINDING, and nothing in this Article or elsewhere in this Agreement , shall prevent the Parties from seeking judicial review or a trial de novo with respect to any decision rendered by a hearing officer as set forth herein.
13.04 LIQUIDATED DAMAGES
a. Material Breach . City finds, and Contractor agrees , that as of the time of the execution of this Agreement , it is impractical , if not impossible, to reasonably ascertain the extent of damages which shall be incurred by City as a result of a material breach by Contractor of its obligations under this Agreement. The factors relating to the impracticality of ascertaining damages include, but are not limited to, the fact that : ( i) substantial damage results to members of the public who are denied services or denied quality or reliable services; (ii) such breaches cause inconvenience, anxiety, frustration , and deprivation of the benefits of the Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms ; (iii) that services might be available at substantially lower costs than alternative services, and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies are, at best , a means of future correction and not remedies which make the public whole for past breaches. b. Amount. After providing Contractor notice and an opportunity to cure set forth herein , the City Council may , in its discretion, assess liquidated damages in an amount not to exceed Eight Hundred Dollars ($800.00) per day, for each calendar day that service is not provided by Contractor in accordance with this Agreement. The amount of the liquidated damages shall be adjusted annually each September 1 by the amount of change in the Consumer Price Index according to the procedure specified in Section
10.06 above, for Contractor compensation.
c. Payment . City finds, and Contractor acknowledges and agrees, that the above described liquidated damage provisions represent a reasonable sum in light of all the circumstances . Said liquidated damages sums shall be applicable to each business day of delay during which Contractor has been found by the City Council to be in material breach pursuant to this Section . The Contractor shall pay any liquidated damages assessed by the City Council within ten (10 ) days after they are assessed.
VVAgmt (10/20/09) 35
13.05 CITY'S ADDITIONAL REMEDIES
In addition to the remedies set forth in this Section, City shall have the following rights and remedies:
a. Rental of Equipment and Facilities. To rent or lease equipment from Contractor at its fair and reasonable rental value for the purpose of performing the services which Contractor is obligated to perform pursuant to this Agreement, for a period not to exceed six (6) months. In the case of equipment not owned by Contractor, Contractor shall assign to City, to the extent Contractor is permitted to do so under the instruments pursuant to which Contractor possesses such equipment, the right to possess the equipment. If City exercises its rights under this Section, City shall pay Contractor the reasonable rental value of the equipment so taken for the period of City's possession thereof.
b. Performance by Others. The right to license others to perform the services otherwise to be performed by Contractor hereunder or to perform such services itself.
c. Damages. The right to obtain damages and/or injunctive relief. Both Parties recognize and agree that in the event of a breach of the terms of this Agreement by Contractor , City may suffer irreparable injury and incalculable damages sufficient to support injunctive relief , to enforce the provisions of this Agreement and to enjoin the breach thereof.
13.06 RIGHTS OF CITY TO PERFORM DURING EMERGENCY
a. Temporary Possession . Should Contractor, for any reason whatsoever, except the occurrence or existence of any of the events or conditions set forth in Section 13.07, "Force Majeure", refuse or be unable to collect, transport, recycle, compost, and dispose, and provide temporary bin/roll- off services for any or all of the Refuse, Compostables, and Recyclables which it is obligated under this Agreement for a period of more than seventy-two (72) hours, and if as a result thereof, debris, Refuse, Compostables, Recyclables and construction debris should accumulate in City to such an extent, in such a manner, or for such a time that the City Manager should find that such accumulation endangers or menaces the public health, safety, or welfare, then in such event City shall have the right, upon twenty-four (24) hour prior written notice to Contractor, during the period of such emergency, to temporarily take possession of any or all equipment and facilities of Contractor previously used in the collection, transportation, Recycling, Composting, and Disposal of Solid Waste and construction debris and provide temporary bin/roll-off services under this Agreement, and to use such equipment and facilities to collect, Recycle, Compost, and transport any or all debris, Refuse, Compostables, Recyclables, and construction debris and provide temporary bin/roll-off services which Contractor would otherwise be obligated to collect, Recycle, Compost, transport, and Dispose of Solid Waste and construction VVAgmt (10/20/09) 36
debris and provide temporary bin/roll-off services pursuant to this Agreement. Contractor agrees that in such event it shall fully cooperate with City to effect such a transfer of possession for City's use. b. No Payment; Relinquishment. Contractor agrees that, in such emergency as described in Subsection a above, City may take temporary possession of and use all of said equipment and facilities without paying Contractor any rental or other charge, provided that City agrees that, in such event, it assumes complete responsibility for the proper and normal use of such equipment and facilities. City agrees that it shall immediately relinquish possession of all of the above mentioned property to Contractor upon receipt of written notice from Contractor to the effect that it is able to resume its normal responsibilities under this Agreement.
13.06 FORCE MAJEURE
Contractor shall not be in breach under this Agreement in the event that the services to be provided by Contractor are temporarily interrupted or discontinued for any of the following events which are beyond the reasonable control of and not caused by the actions of Contractor: (i) riots, wars, sabotage, severe civil disturbances, insurrections, and explosions ; ( ii) natural disasters such as floods, earthquakes, landslides, and fires; (iii) strikes, lockouts, and other labor disturbances; or (iv) other catastrophic events. Other catastrophic events do not include the financial inability of Contractor to perform or failure of Contractor to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of Contractor.
13.08 PERFORMANCE BOND
Contractor shall, prior to the Effective Date of this Agreement, execute and file with the City Clerk a surety bond in the penal sum of Five Hundred Thousand Dollars ($500,000.00) conditioned upon the faithful performance of this Agreement by Contractor, and its subcontractors, if any. Said bond may be written for a term of one (1) year, and may thereafter be renewed by certificate, proved however, that Contractor agrees to and shall maintain such bond in force for the complete Term of this Agreement (including any extensions thereof).
ARTICLE 14. OTHER AGREEMENTS OF THE PARTIES
14.01 RELATIONSHIP OF PARTIES; INDEPENDENT CONTRACTOR
The Parties intend that Contractor shall perform the services required by this Agreement as an independent contractor engaged by City, and not as an officer or employee of City, nor as a partner of or joint venturer with City. No employee of Contractor shall be deemed to be an employee or agent of City. Except as VVAgmt (10/20/09) 37
expressly provided herein, Contractor shall have the exclusive control over the manner and means of conducting the services performed under this Agreement, and over all persons performing such services . Contractor shall be solely responsible for the acts and omissions of its officers , employees, subcontractors and agents. Neither Contractor, nor its officers , employees, subcontractors or agents shall obtain any rights to retirement benefit, workers' compensation benefits, or any other benefits which accrue to City employees by virtue of their employment with City.
14.02 COMPLIANCE WITH LAWS
In providing the services required under this Agreement , Contractor shall at all times comply with all applicable laws of the United States , the State and City, with all applicable regulations promulgated by Federal , State, regional or local administrative and regulatory agencies , and by City, now in force and as they may be enacted, issued or amended during the Term , and with all permits affecting the services to be provided.
14.03 ASSIGNMENT ; TRANSFER ; CHANGE IN CONTROL
a. City Consent Required . It is the expressed intent of the Parties to this Agreement that the rights and privileges granted by this Agreement shall not be transferred , sold, hypothecated , leased, assigned, nor shall any of the rights or privileges herein be hypothecated , leased, assigned , sold, or transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest, or property therein, pass to or vest in any person, except Contractor , either by act of Contractor or by operation of law, nor shall any Change in Control (as defined in Subsection c, below) occur, without the prior written consent of City, expressed by resolution adopted by the City Council.
It is further understood and agreed that the City ' s consent to any of the above actions or transactions may be withheld for any reason, with or without cause , and that upon the occurrence of any of the above events, without consent of City, City shall have the absolute right to terminate the Agreement without notice.
b. Penalty for Unauthorized Transfer. In addition to the rights provided City with respect to terminating this, Agreement should Contractor take any of the actions set forth in Subsection 14.03.a above , prior to obtaining written consent of City, twenty-five percent (25%) of the gross monthly billings for Solid Waste and Recycling, from the date of the unauthorized action until the date City receives notice of the unauthorized action , shall be returned to City.
c. Change In Control Defined . City consent is required for any change in control of Contractor. "Change in Control " shall mean any sale , transfer, or acquisition of Contractor . Contractor is a corporation, and any acquisition of more than twenty-five percent (25%) of Contractor's voting VVAgmt (10/20/09) 38
stock by any person, or groups of persons acting in concert, who already own less than fifty percent (50%) of the voting stock, shall be deemed a change in control. Provided, however, that the transfer of stock of Contractor to another solid waste company shall be deemed a transfer and not a change in control.
d. Application Fee. Any application for a Franchise transfer, assignment of this Agreement or Change in Control, as described in this Section 14.03, shall be made in the manner prescribed by the City Manager. The application shall include the payment and reimbursement to City of: (i) up to Ten Thousand Dollars ($10,000) to cover the cost of all direct or indirect administrative expenses including consultants and attorneys, necessary to adequately analyze the application (the ("Transfer Application Fee"); and (ii) all additional associated costs not covered by the Transfer Application Fee. Bills evidencing the costs and expenses associated with a Franchise transfer, assignment or Change of Control shall be supported with evidence of the expense or cost incurred. The applicant shall pay such bills within thirty (30) days of receipt. The Transfer Application Fee and cost reimbursements set forth in this Subsection are in addition to any other fees specified in this Agreement. e. Assignment to Family Member. Notwithstanding the fact it would otherwise fall within the provisions of this Section 14.03, any transfer of interests to an immediate family member of any existing shareholder may occur with the written approval of the City Manager, and without any of the other provisions of this Section 14.03 applying if Contractor certifies and the City Manger verifies that the transfer is in fact to an immediate family member or members; and, the City Manager finds both of the following: (i) that the transfer of interest will have no adverse impact on Contractor's operations in City, and (ii) that the transfer of interest will not result in any interest in Contractor being vested in any person who is not an immediate family member of an existing shareholder of Contractor. In the event the City Manager is unable to make these findings, or has any concern regarding his ability to do so, he may refer the matter in whole or part to the City Council for its consideration, approval, or other action, and the City Council shall have the discretion to consider the matter as if it were a transfer as described in this Section 14.03. Any assignment to a family member shall not incur a Transfer Application Fee.
14.04 SUBCONTRACTING
Contractor shall not engage any subcontractors to perform any of the services required of it by this Agreement without the prior written consent of City.
Contractor shall notify City no later than thirty (30) days prior to the date on which it proposes to enter into a subcontract. City may approve or deny any such request in its sole discretion and its approval shall not be unreasonably withheld.
Contractor retains the right to enter into an arrangementwith an affiliated entity to perform any of the services , activities or administration of services or activities VV t (10/20/09) 39
which Contractor is required or allowed to perform under this Agreement. Any arrangementby Contractor with an affiliated entity shall neither be considered as a subcontracting nor as an assignment.
14.05 CONTRACTOR'S INVESTIGATION
Contractor has made an independent investigation, satisfactory to it, of the conditions and circumstances surrounding the Agreement and the work to be performedbyit. Contractor has taken those matters into consideration in agreeing to provide the service required under this Agreement for the compensation to be provided herein.
14.06 NOTICE
All notices, demands, requests, proposals, approvals, consents and other communications which this Agreement requires, authorizes or contemplates shall be in writing and shall either be personally delivered to a representative of the Parties at the addresses below, or be deposited in the United States mail, first class postage prepaid, addressed as follows:
a. If to City:
City Manager
City of Victorville
14343 Civic Drive
PO Box5001
Victorville, CA. 92393-5001
b. If to Contractor:
Victorville Disposal, Inc.
9890Cherry Avenue
Fontana, California92335
C. The address to which communications may be delivered may be changed from time to timebya notice given in accordance with this Section. d. All notices shall be deemed delivered upon receiptbypersonal service or as of the second (2nd) day after deposit in the United States mail.
14.07 REPRESENTATIVES
a. Representatives of City. References in this Agreement to actions to be taken by the City shall mean action taken by the City Council, except as provided below or elsewhere in this Agreement. The City Manager shall be deemed to be the administrator of this Agreement and may in turn delegate authority to other City officials in writing. Contractor may rely upon actions taken by the delegates of the City Manager if such actions are within the scope of the authority delegated to them. b. Representative of Contractor. Contractor shall designate a responsible representative to serve as its "government liaison" and act in its behalf in VVAgmt (10/20/09) 40
all matters related to the Agreement and shall inform City in writing of such designation and of any limitations upon his or her authority to bind Contractor. City may rely upon action taken by such designated representative as actions of Contractor unless they are outside the scope of the authority delegated to him /her by Contractor as communicated to City.
Contractor shall provide City prior written notification of a change in its government liaison. City reserves the right to require a change of Contractor' s government liaison.
14.08 DUTY OF CONTRACTOR NOT TO DISCRIMINATE
In the performance of this Agreement Contractor shall not discriminate, nor permit any subcontractor to discriminate, against any employee, applicant, for employment, or Customer an account of race, color, national origin, ancestry, religion, sex, age, physical disability, medical condition, sexual orientation, marital status, or other characteristic, in violation of any applicable law.
14.09 TRANSITION TO NEXT SERVICE PROVIDER
At the expiration of the Term or the earlier termination of this Agreement, or upon City's approval of a proposed assignment, Contractor shall cooperate fully with City to ensure an orderly transition to any and all new service providers.
Contractor shall further cooperate with City by providing route and account data for the development of a request for proposals should City decide to seek proposals for the services provided under this Agreement.
14.10 PAVEMENT DAMAGE
City has determined, and Contractor acknowledges, that Contractor's operation of collection vehicles places a burden on streets and is a cause of pavement damage.
City has further determined that it may levy on Contractor a collection vehicle impact fee and from time to time adjust said fee to partially offset a portion of pavement maintenance and repair costs resulting from Contractor ' s collection vehicles. The parties further agree that any such collection vehicle impact fee levied by City shall be a pass through expense and rates shall be adjusted contemporaneously with the levy or adjustment of such a fee.
14.11 OWNERSHIP OF SOLID WASTE
a. Once Solid Waste, Recyclable Materials, Green Waste, Organic Materials, and Construction and Demolition Waste is placed in Commercial containers for Collection, or Residential containers for curbside, collection, ownership shall transfer to Contractor. Contractor is hereby granted the right to retain, Recycle, Compost, dispose of, and otherwise use such Solid Waste, Recyclable Materials, Green Waste, Organic Materials, and Construction and Demolition Waste, or any part thereof, in VVAgmt (10/20/09) 41
any lawful fashion or for any lawful purpose as agreed to by City and Contractor in order to meet AB 939 requirements.
b. Transfer of Ownership. When disposed of at a Disposal Site or Processing Facility (whether landfill, transformation facility, transfer station, or material recovery facility) Solid Waste, Recyclable Materials, Green Waste, Organic Materials and Construction and Demolition Waste shall become the property of the owner or operator of the Disposal Facility or Processing Facility once deposited there by Contractor. At no time does City obtain any right of ownership or possession of Solid Waste placed for Collection as described herein, and nothing in this Agreement shall be construed as giving rise to any inference that City has such rights.
ARTICLE 15. MISCELLANEOUS PROVISIONS
15.01 GOVERNING LAW
This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State.
15.02 JURISDICTION
Any lawsuits between the Parties arising out of this Agreement shall be brought and concluded in the courts of the State, which shall have jurisdiction over such lawsuits. With respect to venue, the Parties agree that this Agreement is made and will be performed in San Bernardino County.
15.03 BINDING ON SUCCESSORS
The provisions of this Agreement shall inure to the benefit of and be binding on the successors and permitted assigns of the Parties
15.04 PARTIES IN INTEREST
Nothing in this Agreement is intended to confer any rights on any Persons other than the Parties to it and their permitted successors and assigns.
15.05 WAIVER
The waiver of either Party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach or violation of the same or any other provision.
VVAgmt (10/20/09) 42
15.06 ATTACHMENTS
Each of the Attachments to this Agreement, identified as Attachments "A" through "E", is attached hereto and incorporated herein and made a part of this Agreement by this reference.
15.07 ENTIRE AGREEMENT
This Agreement, including the Attachments, represents the full and entire agreement between the Parties with respect to the matters covered herein and supersedes all prior negotiations and agreements, either written or oral.
15.08 SECTION HEADINGS
The Section headings in this Agreement are for convenience of reference only and are not intended to be used in the construction of this Agreement nor to alter or affect any of its provisions.
15.09 INTERPRETATION
This Agreement shall be interpreted and construed reasonably and neither for nor against either Party, regardless of the degree to which either Party participated in its drafting.
15.10 AMENDMENT
This Agreement may not be modified or amended in any respect except by a writing signed by the authorized representatives of the Parties.
15.11 SEVERABILITY
If a court of competent jurisdiction holds any provision of this Agreement to be invalid and unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement which shall be enforced as if such invalid or unenforceable provision had not been contained herein.
15.12 COSTS AND ATTORNEYS' FEES
The prevailing Party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with such an action from the other Party.
VVAgmt (10/20/09) 43
15.13 NO DAMAGES FOR INVALIDATION OF AGREEMENT
Except as otherwise set forth in Section 15.15 below , if a final judgment of a court of competent jurisdiction determines that this Agreement is illegal or was unlawfully entered into by City, neither Party shall have any claim against the other for damages of any kind (including but not limited to loss of profits) on any theory.
15.14 REFERENCE TO LAWS
All references in this Agreement to laws and regulations shall be understood to include such laws and regulations as they may be subsequently amended or recodified , unless otherwise specifically provided . In addition , references to specific government agencies shall be understood to include agencies that succeed to or assume the functions they are currently performing.
15.15 INDEMNITY AGAINST CHALLENGES TO AGREEMENT
For the Term of this Agreement , Contractor shall indemnify , defend and hold harmless Indemnitees from and against any and all liability, claim, demand, action, proceeding or suit of any and every kind and description brought by a third person challenging the process by which this Agreement was negotiated or awarded.
(Signature page follows)
VVAgmt ( 10/20/09) 44
LAST PAGE OF AGREEMENT
In WITNESS WHEREOF, City and Contractore excuted this Agreement as of the day and year first written above.
CITY OF VICTORVILLE:
ATTEST:
Carolee Bates
City Clerk
Andre de Bortnowsky, Esq.
City Attorney
CITY OF VICTORVILLE RISK
MANAGEMENT
Chuck Buquet, Risk Manager
VVAgmt (10/20/09) 45
ATTACHMENT A
DEFINITIONS
Unless the context otherwise requires, capitalized terms used in this Agreement shall have the meanings set forth below.
a. Agreement - The term "Agreement" shall mean this contract, entered into between City and Contractor
b. Bin Service - The term "Bin Service" shall mean collection service pursuant to an agreement between the Contractor and his customers by which bin containers (dumpsters) are rented to the customers.
c. Bulky Waste - The term "Bulky Waste" shall mean large items of Solid Waste such as appliances , furniture, large auto parts , trees, branches greater than 4 inches in diameter and 36 inches in length , stumps and other oversize wastes whose large size precludes or complicates their handling by normal collection, processing or disposal methods.
d. City - The term "City" shall mean the City of Victorville. e. City Council - The term "City Council" shall mean the City Council of the City of Victorville.
f. City Manager - The term "City Manager" shall mean the City Manager of the City of Victorville.
g. Code - The term "Code" shall mean the Municipal Code of the City of Victorville , both codified and miscellaneous ordinances. h. Collection Service - The term "Collection Service " shall mean all or any part of the activities involved in collecting and transporting solid waste , recyclable materials or green waste to an appropriate disposal or recycling facility. i. Commercial /Industrial Premises - The term "Commercial/Industrial Premises" shall mean stores, offices, including manufacturing and industrial offices and facilities , restaurants, warehouses, schools, colleges , universities, hospitals, and other non-manufacturing entities.
j. Commercial Recycling Program - The term "Commercial Recycling Program" shall mean Source Separated Commercial Recycling and Select Commercial Recycling
k. Compost - The term "Compost" shall mean controlled biological decomposition of organic material, producing a stable soil amendment.
1. Construction and Demolition Waste - The term "Construction and Demolition Waste" shall mean used or discarded construction materials removed from a premise during construction, demolition or renovation of a structure where a City permit has been issued.
VVAgmt(10/20/09) 46
m. Customer - The term "Customer" shall mean those generators of solid waste, recyclable materials or green waste to whom a franchisee provides collection service.
n. Disposal Facility - The term "Disposal Facility " shall mean any dump site, transfer station or other place specifically designed for the receipt and disposition of refuse collected by Contractor pursuant to this agreement. o. Exclusive Solid Waste Handling Services - The term "Exclusive Solid Waste Handling Services " means any action by the City , whether by franchise, contract, license, permit , or otherwise, whereby the City itself or one or more other local agencies or solid waste enterprises has the exclusive right to provide solid waste handling services of any class or type within all or any part of the territory of the localagency.
p. Franchise - The term "Franchise" shall mean a certificate , contract, or license issued by the City authorizing a person to provide solid waste and recycling collection service and to use City streets.
q. Franchisee - The term "Franchisee" shall mean the person granted the exclusive franchise by this Agreement.
r. Gate Fee - The term "Gate Fee" shall mean the fee charged for the disposal of solid waste at any public or private landfill, transfer station and/or resource recovery or recycling facilities.
s. Green Waste - The term "Green Waste" shall mean compostable materials including grass clippings , leaves, pruning and similar vegetative materials; but does not include sod, stumps , or similar bulky materials, rocks or dirt. t. Multi -Family Premises - The term "Multi -Family Premises" shall mean any building or group of buildings that contain 5 or more dwellings. u. Organic Material - The term "Organic Material" shall mean materials that can be biologically synthesized by plants or animals from simpler substances, are no longer suited for their intended purpose , and are readily broken down by biological processes into soil constituents. Examples include , but are not limited to, food waste , green waste , paper, and putrescible material which are generally a source of food for bacteria.
v. Non-Residential Premises - The term "Non-Residential Premises" shall mean Commercial/Industrial and Multi-Family Premises.
w. Processing Facility - The term "Processing Facility" shall mean a facility designated by the City to accept recycling material for the purpose of reduction, separation, recovery and conversion.
x. Recyclable Materials - The term "Recyclable Materials" shall mean Solid Waste that is source separated, has some potential economic value, and is set aside, handled, packaged, or offered for collection in a manner different from Refuse in order to allow it to be processed for recycling . Recycling Materials must be acceptable to the Processing Facility, and include paper, cardboard, glass, metal, and rigid plastic containers.
VVAgmt(10/20/09) 47
y. Refuse - The term "Refuse" shall mean Solid Waste, as defined herein. However, the term "Refuse", for purposes of this Agreement, shall not be deemed to refer to or include dead animals, manure, sewage waste or waste water, explosive substances, radioactive materials, materials which have been exposed to highly infectious or contagious diseases, or other hazardous materials. z. Residential Premises - The term "Residential Premises" shall mean a single family dwelling or a multi-family dwelling with up to and including 4 dwelling units on a single tax lot.
aa. Select Commercial Recycling - The term "Select Commercial Recycling" shall mean the collection of non-residential bins that include high concentrations of Recyclable Materials, as evidenced by the Customers' typical generation, but that are not otherwise collected as Commercial Recycling.
bb. Service Unit - The term "Service Unit" shall mean each of the following which receives standard service: each single-family dwelling, each dwelling unit within a duplex, triplex or multi-family residential building, each apartment or condominium unit within an apartment or condominium building, and each business, professional, industrial or other non-residential use unit. cc. Solid Waste - The term "Solid Waste" shall mean all putrescible and nonputrescible solid and semisolid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. "Solid Waste" does not include hazardous waste as defined by the State of California, or low-level radioactive waste. "Solid Waste" does not include medical waste which has not been treated for disposal at a solid waste facility.
dd. Solid Waste Handling Services - The term "Solid Waste Handling Services" shall mean the collection, transportation, storage, and transfer of solid wastes for residential, commercial, institutional, or industrial users or customers. ee. Source Separated Commercial Recycling - The term "Source Separated Commercial Recycling" shall mean the collection of bins that have high concentrations of source separated Recyclable Materials. ff. Standard Service - The term "Standard Service" shall mean curbside collection service required for all service units not arranging with the Contractor for bin service nor required by the City to obtain bin service from the Contractor. gg. Waste Generator - The term "Waste Generator" shall mean any Person, including any contractors or subcontractors acting on such Person's behalf, whose act or process produced Solid Waste, or whose act first causes Solid Waste to become subject to City's regulatory authority. A contractor or subcontractor engaged for the purpose of collecting, hauling, and transporting waste is not a waste generator. vv,gt (10/20/09) 48
ATTACHMENT B
SCOPE OF SERVICES
The services to be performed by Contractor are as follows and are subject to change as described in Section 10.08 of this Agreement.
a. Provide carts for automated collection of residential Solid Waste and Recyclable.
Materials in accordance with Section 7.03.
b. Provide fully automated , once a week collection of residential Solid Waste and Recyclable Materials.
c. Provide each single family residential dwelling up to two Bulky Item collections each twelve month period.
d. Provide annual residential curbside Christmas Tree Collection. e. Provide containers for collection of commercial Solid Waste and Recyclable Materials in accordance with Section 7.03.
f. Provide for collection of commercial Solid Waste and Recyclable Materials up to seven days per week.
g. Provide for collection of Solid Waste and Recyclable Materials from selected City Facilities in accordance with Subsection 5.01d.
h. Provide Customer Services in accordance with Section 6.01. i. Provide Records and Reports in accordance with Article 11. j. Provide a pilot program for Organic Material (Food and Green Waste) residential and commercial Collection and Composting, at Contractor ' s sole cost. k. Provide a quarterly event for document destruction (Shred-Fest ), at Contractor's sole cost.
1. Development and management of commercial recycling outreach program. m. Implement a program to utilize Radio Frequency Identification Devices on all new residential carts and all existing and new non-residential and residential bins; n. Establish a periodic residential and non-residential route audit and service verification program, linked to Customer billing;
o. Provide a social marketing based program to reduce recycling contamination and increased recyclable material recovery for residential and non-residential customers, including a comprehensive container inspection and compliance element;
VVAgmt(10/20/09) 49
p.
q.
Provide labor and equipment needed to organize two annual community clean-up events, at Contractor' s sole cost.
Provide for the development and management of school outreach recycling programs including annual site visits to all schools and classrooms within the City limits which receive Collection Services provided by Contractor under this Agreement , provided such schools and classrooms continue to receive such Collection Services.
VVAgmt(10/20/09) 50
ATTACHMENT C
CITY FACILITY COLLECTION SERVICES
Contractor will provide at no charge to City, containers for, and collection and disposal of all Solid Waste generated at the following premises owned and/ or operated by the City (collectively "City Facilities" and individually "City Facility"). a. City Hall at 14343 Civic Drive
b. City Public Works Yard at 14177 Mc Art Rd
c. City Public Works Yard at 14154 Palmdale Rd
d. City leased building at 15121 Palmdale Rd
e. Other City Facilities as needed.
VVAgmt(10/20/09) 51
ATTAC HMENT D
CUSTOMER RATE SCHEDULE
Residential Services
Automated refuse and recycling service including (plus HHW):
1 - 95 gallon refuse cart
1 - 65 gallon recycling cart
$20.17
Small Cart refuse and recycling service including (plus HHW):
1 - 35 gallon refuse cart
1 - 65 gallon recycling cart
$17.42
Low Income/Senior/Disabled Discount (applied to service fee) (plus HHW) 15% Extra Cart - 95 gallon refuse $11.02
Extra Cart - 65 gallon recycling 1 extra container) No Charge Extra Cart - 65 gallon recycling 2nd and subsequent containers) $1.34 ea/mo Household Hazardous Waste Management Fee $0.32/mo
Commercial Services
Automated refuse and recycling service including:
1 - 95 gallon refuse cart
1 - 65 gallon recycling cart
$29.20
Extra Cart - 95 gallon refuse $11.02
Extra Cart - 65 gallon recycling $1.34
Refuse - 1.5 cubic and bin service:
1.5 cubic and bin x 1 pick up p er week $47.00
1.5 cubic and bin x 2 pick ups per week $88.82
1.5 cubic yard bin x 3 pick ups per week $130.60
1.5 cubic yard bin x 4 pick ups per week $172.38
1.5 cubic and bin x 5 pick ups per week $214.16
1.5 cubic and bin x 6 pick ups per week $255.94
1.5 cubic and bin x 7 pick ups per week $297.72
Refuse - 2 cubic and bin service:
2 cubic and bin x 1pick up per week $62.14
2 cubic and bin x 2 pick ups per week $117.78
2 cubic and bin x 3 pick ups per week $173.42
2 cubic and bin x 4 pick ups per week $229.06
2 cubic and bin x 5 pick ups per week $284.70
2 cubic and bin x 6 pick ups per week $340.34
2 cubic yard bin x 7 pick ups per week $395.98
VVAgmt (10/20/09) 52
Refuse - 3 cubic and bin service:
3 cubic and bin x 1 pick up per week $91.91
3 cubic and bin x 2 pick ups per week $175.37
3 cubic yard bin x 3 pick ups per week $258.83
3 cubic yard bin x 4 pick ups per week $342.29
3 cubic and bin x 5 pick ups per week $425.75
3 cubic yard bin x 6 pick ups per week $509.21
3 cubicyard bin x 7pick ups per week $592.67
Refuse - 4 cubic and bin service:
4 cubic and bin x 1 pick up per week $124.28
4 cubic yard bin x 2 pick ups per week $235.56
4 cubic yard bin x 3 pick ups per week $346.84
4 cubic and bin x 4 pick ups per week $458.12
4 cubic yard bin x 5 pick ups per week $569.40
4 cubic and bin x 6 pick ups per week $680.68
4 cubic and bin x 7 pick ups per week $791.96
Recycling - 1.5 cubic and bin service:
1.5 cubic yard bin x 1 pick up per week $27.56
1.5 cubic and bin x 2 pick ups per week $49.90
1.5 cubic and bin x 3 pick ups per week $72.22
1.5 cubic and bin x 4 pick ups per week $94.54
1.5 cubic and bin x 5 pick ups per week $116.86
1.5 cubic yard bin x 6 pick ups per week $139.18
1.5 cubic yard bin x 7 pick ups per week $161.50
Recycling - 2 cubic and bin service:
2 cubic and bin x 1 pick up p er week $36.23
2 cubic and bin x 2 pick ups per week $65.96
2 cubic and bin x 3 pick ups per week $95.69
2 cubic and bin x 4 pick ups per week $125.42
2 cubic yard bin x 5 pick ups per week $155.15
2 cubic yard bin x 6 pick ups per week $184.88
2 cubic yard bin x 7 pick ups per week $214.61
Recycling - 3 cubicyard bin service:
3 cubicand bin x 1pick up per week $53.04
3 cubic yard bin x 2 pick ups per week $97.63
3 cubic yard bin x 3 pick ups per week $142.22
3 cubic and bin x 4 pick ups per week $186.81
3 cubic yard bin x 5 pick ups per week $231.40
VVAgmt(10/20/09) 53
3 cubic and bin x 6 pick ups/week $275.99
3 cubic and bin x 7 pick ups/week $320.58
Recycling - 4 cubic yard bin service:
4 cubic yard bin x 2 pick ups per week $72.45
4 cubic yard bin x 2 pick ups per week $131.90
4 cubic and bin x 2 pick ups per week $191.35
4 cubic yard bin x 2 pick ups per week $250.80
4 cubic and bin x 2 pick ups per week $310.25
4 cubic yard bin x 2 pick ups per week $369.70
4 cubic and bin x 2 pick ups per week $429.15
Industrial Services
Roll-Off Refuse Container Service:
10 cubic and box (plus disposal and AB939 fee) $148.18
20 cubic yard box (plus disposal and AB939 fee) $148.18 40 cubic and box (plus disposal and AB939 fee) $148.18
Compactor box (plus disposal and AB939 fee) $207.45
Roll-Off Recycling Containers Service:
10 cubic yard box $148.18
20 cubic and box $148.18
40 cubic yard box $148.18
Compactor box $207.45
AB939 Recycle Fee (roll-off services for refuse) $0.54/cy Tem porary Services
Roll-Off Refuse Container Service:
10 cubic yard box (includes 10 tons) $507.48
20 cubic and box (includes 10 tons) $512.88
40 cubic and box (includes 6 tons) $382.12
Commercial/Residential Bin Service:
3 cubic yard bin $95.00
Special Services
Extra pick-up rate (refuse bin)
1.5 cubic and bin $10.69
2 cubic and bin $14.34
3 cubic yard bin $21.21
4 cubic and bin $28.08
Extra pick-up rate (recycling bin)
VVAgmt (10/20/09) 54
1.5 cubic and bin $6.36
2 cubic yard bin $8.36
3 cubic yard bin $12.24
4 cubic yard bin $16.72
Contaminated Recycling Containers - Residential $15.00
Overwei ght Containers - Residential return tri p) $15.00 Late Set Out - Residential return tri p) $15.00
Changing Service Levels - Residential (in excess of 1 time per year) $25.00 VVAgmt (10/20/09) 55
ATTACHMENT E
CONTRACTOR SERVICE UNIT RATES
Residential Services
Automated refuse and recycling service including: $13.22 1 - 95 gallon refuse cart
1 - 65 gallon recycling cart
Small Cart refuse and recycling service including : 13.22 1 - 35 gallon refuse cart
1 - 65 gallon recycling cart
Low Income/Senior/Disabled Discount (applied to service fee) 15% Extra Cart - 95 gallon refuse $6.73
Extra Cart - 65 gallon recycling (It extra container) No Char e Extra Cart - 65 gallon recycling 2d and subsequent containers) $1.34 ea/mo Commercial Services
Automated refuse and recycling service including:
1 - 95 gallon refuse cart
1 - 65 gallon recycling cart
$18.04
Extra Cart - 95 gallon refuse $5.45
Extra Cart - 65 gallon recycling $1.09
Refuse - 1.5 cubic yard bin service:
1.5 cubic and bin x 1 pick up per week $22.32
1.5 cubic and bin x 2 pick ups per week $40.42
1.5 cubic and bin x 3 pick ups per week $58.50
1.5 cubic and bin x 4 pick ups per week $76.58
1.5 cubic and bin x 5 pick ups per week $94.66
1.5 cubic and bin x 6 pick ups per week $112.74
1.5 cubic and bin x 7 pick ups per week $130.82
Refuse - 2 cubic and bin service:
2 cubic and bin x 1 pick up per week $29.35
2 cubic and bin x 2 pick ups per week $53.43
2 cubic yard bin x 3 pick ups per week $77.51
2 cubic and bin x 4 pick ups per week $101.59
2 cubic and bin x 5 pick ups per week $125.67
2 cubic yard bin x 6 pick ups per week $149.75
2 cubic and bin x 7 pick ups per week $173.83
VVAgmt (10/20/09) 56
Refuse - 3 cubic yard bin service:
3 cubic yard bin x 1 pick up per week $42.96
3 cubic yard bin x 2 pick ups per week $79.08
3 cubic and bin x 3 pick ups per week $115.20
3 cubic and bin x 4 pick ups per week $151.32
3 cubic and bin x 5 pick ups per week $187.43
3 cubic and bin x 6 pick ups per week $223.55
3 cubic and bin x 7 pick ups per week $259.67
Refuse - 4 cubic yard bin service:
4 cubic and bin x 1 pick up per week $58.68
4 cubic yard bin x 2 pick ups per week $106.84
4 cubic and bin x 3 pick ups per week $154.99
4 cubic yard bin x 4 pick ups per week $203.15
4 cubic yard bin x 5 pick ups per week $251.30
4 cubic and bin x 6 pick ups per week $299.46
4 cubic and bin x 7 pick ups per week $347.61
Recycling - 1.5 cubic yard bin service:
1.5 cubic and bin x 1 pick up per week $22.32
1.5 cubic and bin x 2 pick ups per week $40.42
1.5 cubic and bin x 3 pick ups per week $58.50
1.5 cubic yard bin x 4 pick ups per week $76.58
1.5 cubic and bin x 5 pick ups per week $94.66
1.5 cubic and bin x 6 pick ups per week $112.74
1.5 cubic and bin x 7 pick ups per week $130.82
Recycling - 2 cubic and bin service:
2 cubic and bin x 1 pick up per week $29.25
2 cubic and bin x 2 pick ups per week $53.43
2 cubic and bin x 3 pick ups per week $77.51
2 cubic yard bin x 4 pick ups per week $101.59
2 cubic and bin x 5 pick ups per week $125.67
2 cubic and bin x 6 pick ups per week $149.75
2 cubic and bin x 7 pick ups per week $173.83
Recycling - 3 cubic and bin service:
3 cubic yard bin x 1 pick up per week $42.96
3 cubic and bin x 2 pick ups per week $79.08
3 cubic and bin x 3 pick ups per week $115.20
3 cubic yard bin x 4 pick ups per week $151.32
3 cubic yard bin x 5 pick ups per week $ 187.43
VVAgmt (10/20/09) 57
3 cubic yard bin x 6 pick ups per week $223.55
3 cubic and bin x 7 pick ups per week $259.67
Recycling - 4 cubic yard bin service:
4 cubic yard bin x 1 pick up p er week $58.68
4 cubic yard bin x 2 pick ups per week $106.84
4 cubic yard bin x 3 pick ups per week $154.99
4 cubic and bin x 4 pick ups per week $203.15
4 cubic yard bin x 5 pick ups per week $251.30
4 cubic and bin x 6 pick ups per week $299.46
4 cubic and bin x 7 pick ups per week $347.61
Industrial Services
Roll-Off Refuse Container Service:
10 cubic yard box (plus disposal) $120.03
20 cubic and box (plus disposal) $120.03
40 cubic and box (plus disposal) $120.03
Compactor box (plus disposal) $168.03
Roll-Off Recycling Containers Service:
10 cubic yard box $120.03
20 cubic yard box $120.03
40 cubic and box $120.03
Compactor box $168.03
Tem pora ry Services
Roll-Off Refuse Container Service:
10 cubic and box (includes 10 tons ) $ 120.03
20 cubic and box (includes 10 tons ) $ 120.03
40 cubic and box (includes 6 tons ) $120.03
Special Services
Extra pick-up rate (refuse bins)
1.5 cubic yard bin $5.15
2 cubic and bin $6.77
3 cubic yard bin $9.91
4 cubic yard bin $13.54
Extra pick-up rate (recycling bin)
1.5 cubic and bin $5.15
2 cubic and bin $6.77
3 cubic and bin $9.91
VVAgnt (10/20/09) 58
4 cubic yard bin $13.54
Overweight Containers - Residential (return trip) TBD
Late Set Out - Residential (return trip) $12.15
VVAgmt (10/20/09) 59
ATTACHMENT
ATTACHMENT F
ATTACHMENT G
ATTACHMENT H
Item Number: 17
City Council / Board of Directors
Written Communications
Meeting of: August 19, 2025
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Presentation on City's Pavement Management of City Roads Recommendation:
Staff recommends that the Honorable City Council receive and file this report.
Fiscal Impact:
There is no fiscal impact related to this item.
Strategic Plan Goal:
This item aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. The effective management of pavement rehabilitation projects and the effective management of the operations and maintenance of the City's roads results in the investment of infrastructure and is a part of implementing the City's Capital Improvement Program.
Background:
City staff utilize and manage a pavement management program to identify needs, prioritize, and to budget for pavement reconstruction, rehabilitation, and preservation projects.
Discussion:
A presentation (attached) will be given regarding the City's system of pavement management for the City's roads.
Prepared By:
Harry Mayo, Senior Civil Engineer
Attachments: A. Pavement Management Presentation
ATTACHMENT A
Pavement
Management
Program for
City Roads
Pavement Management Program
The Pavement Management Program is a system developed to:
• Analyze the City’s pavement network
• Develop Capital Improvement Projects
• Provide a decision support tool
• Find cost-effective treatments to meet desired pavement condition levels • Manage projects within imposed budget constraints
• Reports to decision makers (City Council) network:
- Conditions
- Current needs
- Projected future costs
- Work Plans
- Results of work done
Pavement Management Report (PMR)
x Is a pavement network analysis including:
- Overall pavement condition of maintained roads
- Current road sections needing work
- Estimated network level costs
- Each street condition updated every 5 year
x Prepared by consultant since 2005
Victorville Road Network Overview
479.1 centerline miles of roads
1,121 lane miles of road
101.5 million square feet of pavement
Classification Centerline
Miles % Square Feet %
Arterial 105.5 22% 30,574,830 30.1%
Collector 60.0 13% 11,302,675 11.1%
Local 307.7 64% 59,166,924 58.3%
Alleyways 5.8 1% 460,870 0.5%
Totals 479.1 100% 101,505,299 100%
Residentials Collectors Arterials
City-wide
Square Footage
x The PCI is a numerical rating resulting from a
pavement condition inspection that identifies &
represents the severity of surface distresses.
x The PCI is a scaled rating from 0 to 100
x Surface distresses identified in PCI include:
- Fatigue cracking (heavy loading):
oAlligator cracking
oRutting & depression
oPotholes
- Age-related cracking:
oBlock cracking
oLongitudinal and transverse cracking
oPatching & utility cuts
oRaveling
oWeathering
PMR Pavement Condition Index (PCI)
PCI Range Pavement Condition
86 –100 Excellent
71 - 85 Very Good
56 - 70 Good
41 - 55 Fair
26 - 40 Poor
11 - 25 Very Poor
0 - 10 Failed
Alligator
Longitudinal Transverse
Potholes
Block Block
1. City street network is broken down into street segments
2. Pavement in each segment is visually inspected
3. Surface distresses (e.g. cracks and potholes) are identified
4. Severities for distresses (low, medium, or high) are identified
5. Quantity for each type of distress is estimated
6. Distress type and quantity are input into MicroPAVER software
7. Report is generated with PCI for each street segment Method Used to Estimate PCI
0.1%
6.1%
14.0%
12.2%
20.3%
38.9%
8.2%
0 5,000,000
10,000,000
15,000,000
20,000,000
25,000,000
30,000,000
35,000,000
40,000,000
45,000,000
0-10 11-25 26-40 41-55 56-70 71-85 86-100
Area (Square Feet)
PCI Rating
47.1% of City all streets have a PCI ranging from 71 to 100 (Good)
20.1% of City all streets have a PCI ranging from 11 to 40 (Poor) Current Pavement Conditions: All Streets
Average Network PCI = 65.7
PCI = 65
62 64
66 68
70 72
74 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 PAST 12 YR PCI TREND
0.4%
3.8%
19.1%
9.8%
24.6%
30.4%
11.9%
0 1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
8,000,000
9,000,000
10,000,000
0-10 11-25 26-40 41-55 56-70 71-85 86-100
Area (Square Feet)
PCI Rating
PCI = 74
PCI = 27
PCI = 50
Current Pavement Conditions: Arterial Streets
0.0%
14.8%
16.4%
9.9%
19.1%
29.0%
10.9%
0 500,000
1,000,000
1,500,000
2,000,000
2,500,000
3,000,000
3,500,000
0-10 11-25 26-40 41-55 56-70 71-85 86-100
Area (Square Feet)
PCI Rating
Current Pavement Conditions: Collector Streets
0.0%
5.7%
10.9%
13.9%
18.4%
45.2%
5.8%
0 5,000,000
10,000,000
15,000,000
20,000,000
25,000,000
30,000,000
0-10 11-25 26-40 41-55 56-70 71-85 86-100
Area (Square Feet)
PCI Rating
Current Pavement Conditions: Residential Streets
x Preliminary treatment method identified in PMR by PCI rating x Three treatment methods with subcategories considered:
1) Reconstruction – complete removal and replacement of the road pavement sections 2) Rehabilitation – grind of existing AC pavement and overlay of new AC on old pavement 3) Preservation:
- Slurry seal - coating of asphalt emulsion and small aggregate (sand) - Microsurfacing – similar to slurry seal with chemical additives such as polymer x Actual treatment method is selected during project design phase x Methods are selected based upon street type, condition and available budget PCI Range Condition Treatment Method Extended Life
(years)
86-100 Excellent None
71-85 Very Good Slurry Seal 5 -7
56-70 Good Microsurfacing 8 - 10
41-55 Fair 2 inch AC Overlay 12 - 20
26-40 Poor 2 Inch AC Overlay 12 - 20
11-25 Very Poor Reconstruct 30
0-10 Failed Reconstruct 30
Pavement Network Treatment Method Decision Tree
Pavement projects are prioritized by street type and information pulled from the PMR Arterial & Collector Roads (2-7 lanes)
x All treatment methods considered
x Benefit/Cost (B/C) Formula used to prioritize arterial and collector roads projects x Benefit is divided by project cost to calculate a B/C number x The higher the B/C number, the higher the priority and benefit to the City x Benefit factors
- Traffic Volume (how many cars use the road daily, largest benefit factor) - Improvement in PCI
- Extended Life of Pavement
- Length of Project
x Currently $13.4 million budgeted for FY 25/26
Local Roads
(2-lanes)
x Pavement Preservation methods only used on local streets x Slurry seal / microsurfacing projects identified by PCI rating x Project is typically in a geographic area or neighborhood (e.g. Golden Triangle) x Currently $1.6 million budgeted for FY 25/26
Capital Improvement Project Prioritization
Prioritization Benefit Cost Ratio Formula
=
ࢀࡰࢤ ࡵࡼ
ࢀࡸ
Variable Description Unit
B
Benefit to users from the increased average PCI over
the extended life of the pavement and length of the
project
None
ADT Est. Average Daily Traffic Volume Vehicles/day
PCI Pavement Condition Index. A number from 0 to 100. None UPCI / 2 Est. Avg. PCI increase over the extended life of the pavement resulting from rehabilitation project None
T Est. life of pavement extended resulting from
rehabilitation project Years
L Project Length Mile
C Est. Project Cost $
Example: Mojave Dr from Amargosa Rd to I-15
Road Name Limit To Limit From Length
(ft)
Width
(ft) PCI Rehab. Method $ / SF
Mojave Dr I-15 SB Ramps Condor Rd 1,200 61 25 Reconstruct $10.20 Mojave Dr Condor Rd Amargosa Rd 2,800 53 56 Single Mirco Surf $0.85 Road Name Limit To Limit From Est. Cost PCI
Increase
Extended
Life ADT ADT
Year
Benefit/
Cost
Ratio
Mojave Dr I-15 SB Ramps Condor Rd $768,600 75 30 40,735 2023 13.6 Mojave Dr Condor Rd Amargosa Rd $170,660 44 8 27,867 2023 3.8
=
, ૠ ૠ
, ࢚ࢌ
ૡ /࢚ࢌ
̈́ૠૡ, = .
FY 25/26 Five-Year Plan - Pavement Rehab Projects
Example: Roy Rogers R from Civic Dr to Amargosa Rd
Million $ B/C PCI
• Mojave Dr (US-395 to Seventh St) $12.6 5.3 23 to 57
• Third Ave (Nisqualli Rd to Field St) $0.8 1.5 25
• Air Expressway (National Trails Hwy to George Blvd) $5.5 9.0 27 to 39 • Bear Valley Rd (US-395 to Bellflower Rd) $0.4 5.3 63
• Amargosa Rd (Dos Palmas Rd to Village Dr) $3.6 5.1 24 to 60 • El Evado Rd (Palmdale Rd to Begonia Rd) $1.2 4.8 25
• Mariposa Rd (Talpa St to Kingswood Dr) $1.2 6.4 23 to 29 • Air Expressway (George Blvd to Phantom West) $3.0 7.3 25 • Ridgecrest Rd (Pahute Rd to Green Tree Blvd) $1.3 6.3 26 to 33 • La Paz Dr (7
th St to I-15 ramps) $1.2 7.3 32
• Seventh St (Mariposa Rd to Lorene Dr) $1.0 5.2 32
• Hesperia Rd (Bear Valley Rd to Seneca Rd) $3.2 5.0 31 to 72 Fiscal Year 26-30 Five - Year Plan Total Cost: $35 Million FY 25/26 Annual Available Funding for Pavement Projects (Million $) Fund No. Fund Name Total Revenue CIP
220 Highway Users Tax $3.9 $0
221 Local Streets &
Roads (SB1) $3.7 $3.6
250 Measure I $6.3 $2.9
Total $13.9 $6.5
x Pavement Network Unlimited Budget – $164.6 million needed today1 x $6.5 to 7.52 million annually over 20 years is insufficient x $10 million annually needed to maintain current overall PCI of 65.7 x $14 million annually would increase overall PCI to 72.9 over 10 years x $19 million annually would increase overall PCI to 80.2 over 10 years 12025 PCI Report, 2FY 2024/25 Budget
Pavement Project Needs & Funding
Total Pavement Network Needs 2025
Example: Roy Rogers R from Civic Dr to Amargosa Rd
Today’s Estimated Unlimited Budget Required for Pavement Projects Arterial Preserva tion Projects $13.9 million
Arterial Rehabilitation Projects $39.8 million
Collector Preservation Projects $4.7 million
Collector Rehabilitation Projects $22.1 million
Local Road Preservation Projects $29.4 million
Local Road Rehabilitation Pr ojects $54.7 million
Total $164.6 million to an average PCI of 80
62 64
66 68
70 72
74 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025
PCI TREND
Public Works Maintenance Efforts
Example: Roy Rogers R from Civic Dr to Amargosa Rd
FY 20/21 FY 21/22 FY 22/23 FY 23/24 FY 24/25 Totals
LF of Crack Seal 223,360 199,580 130,880 100,710 23,900 678,430 Total Potholes Filled 7,714 8,389 12,658 17,367 12,041 58,169 SF of AC R&R 52,427 56,956 35,884 79,381 43,030 267,678 SF of Sidewalk R&R 20, 301 19,175 14,440 14,256 17,498 85,670 SF of New Sidewalk 5,980 0 0 0 5,052 11,032
LF of Curb R&R 399 126 118 195 1,004 1,842
LF of Curb & Gutter R&R 568 25 287 850 160 1,890
Traffic Engineering Maintenance Efforts
Example: Roy Rogers R from Civic Dr to Amargosa Rd
FY 20/21 FY 21/22 FY 22/23 FY 23/24 FY 24/25 Totals
Miles of Striping 291 285 314 569 740 2,199
No. of Legends Striped 466 1,194 757 1,542 1,753 5,712
LF of Red Curbs Painted 58,720 13,420 2,717 19,717 15,297 109,871 New Signs Installed 238 338 309 279 250 1,414
Signs Replaced 1,006 587 742 654 752 3,741
ffffffffffffffffffffffffffffffffffffffffffffffffffrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrroooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooommmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCiiiivvvvvvvvvvvvvvvvvvviiiiiiicccc DDDDDDDDDDDDDDrrrrr ttttttttttttttttttttttttttooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmaaaaaaarrrrrrrgggggggggoooooossssaaaaaaa xaammpppllee::: RRRooyy RRoogggeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeerrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrsssssssssssssssssssssssssssssssssssssss
Recently Completed and Ongoing Projects
Example: Roy Rogers R from Civic Dr to Amargosa Rd
Steet Segment(s) or Project Year
Completed
Total Cost
Third Avenue from Green Tree Blvd to Nisqualli Rd 2020 $1.3 M Industrial/Silica from Bear Valley Rd to Hesperia Rd 2021 $4.6 M 7 th Street/Arrowhead Drive from Green Tree Blvd to
Bear Valley Rd
2022 $7.3 M
Green Tree Extension* 2023 $47.7 M
Liberty Village Slurry Seal Project 2022 $1.3 M
Bear Valley Rd from Ridgecrest Rd to Industrial Rd* 2023 $11.9 M Civic Area Slurry Seal Project 2024 $1.8 M
Bear Valley Road from Amethyst Rd to Highway 395 2024 $7.8 M 2024 Citywide Slurry Seal (Golden Triangle) 2024 $1.4 M 2025 Citywide Slurry Seal Phase II 2025 $1.1 M
2025 Citywide Street Improvements Project 2025 $4.9 M
Total Capital Investment in Street Improvement Projects $91.9 M *Project costs include bridge construction/widening
Future Outlook
Example: Roy Rogers R from Civic Dr to Amargosa Rd
• SBCTA is preparing a ballot measure for 2026 to extend Measure I beyond 2040 without a sunset clause and SBCTA is also considering doubling the Measure I sales tax rate from 0.5% to 1%
• Measure I revenue is down
• SB-1 revenues are steady
• Newly formed City CFD does not address existing demand for services • Victorville should consider an infrastructure ballot measure - Transaction And Use Tax
Item Number: 18
City Council / Board of Directors
Written Communications
Meeting of: August 19, 2025
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Measure I Five Year Capital Improvement Plan
Recommendation:
That the Honorable City Council adopt Resolution No. 25-053, approving the Measure I Five Year Capital Improvement Plan for Fiscal Years 2025/2026 through 2029/2030.
Fiscal Impact:
The adoption of the Five Year Plan does not have a direct fiscal impact. Capital projects, vehicles, equipment, maintenance and operations expenses for Measure I, Fund 250, will be in accordance with the approved Fiscal Year 2025/2026 City Budget, and subsequent amendments to the budget, if required.
Strategic Plan Goal:
The Measure I Five Year Capital Improvement Plan aligns with Goal E, Strategy 11 in the City of Victorville Strategic Plan 2023-2026, “Invest in Infrastructure.” Measure I funds are used to invest in the preservation, rehabilitation, improvement, and maintenance operations of the City’s road system.
Background:
Each year, in accordance with San Bernardino County Transportation Authority (SBCTA) requirements, the City is required to adopt by resolution a Measure I Five Year Capital Improvement Plan (CIP) for all its planned expenses for Victorville’s local pass-through Measure I. The deadline for submission of the Measure I Five Year CIP to SBCTA is September 1, 2025. In general, eligible expenses for Measure I must be for streets and roads purposes. Expenses for capital projects, vehicles, equipment, operations, and maintenance may be included.
4 2
6 4
Discussion:
Resolution No. 25-053 is included as Attachment A. The SBCTA estimate for pass through revenue in FY 2025/2026 is $6,384,191. The Five Year CIP has been prepared in accordance with the City’s approved FY 2025-2026 Budget which includes capital projects, vehicles, equipment, operations, and maintenance Measure I expenses. The Measure I Five Year CIP is included as Exhibit “A” within Attachment A. The “projects” listed in the Five Year CIP include capital improvement projects and equipment. In addition, several categories in the City’s budget which are funded by Measure I are listed.
These categories include: Cost Allocation; Engineering Services; Streets Engineering; Traffic Signal Maintenance; and Traffic Control (signing and striping).
An expenditure strategy, as required by SBCTA, is included in Exhibit “B” within Attachment A. The strategy provides the policy approach for City Council for the use of Measure I funds. The attached policy is similar to that used in past years and provides flexibility for programming expenses for a variety of needs for streets capital improvement projects, vehicles, equipment, operations, and maintenance.
Staff recommends that the Honorable City Council adopt Resolution No. 25-053, approving the Measure I Five Year Capital Improvement Plan for Fiscal Years 2025/2026 through 2029/2030. Upon adoption of the attached resolution, staff will forward a copy of the resolution and the Five Year CIP to SBCTA for inclusion in their planning documents.
Staff is available for any questions Council may have.
Prepared By:
Harry Mayo, Senior Civil Engineer
Attachments: A. Resolution No. 25-053 – Measure I Five Year Capital Improvement Plan and Expenditure Strategy
ATTACHMENT A
Resolution No. 25-053
RESOLUTION NO. 25-053
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, S TATE OF CALIFORNIA, ADOPTING THE
MEASURE I F IVE-YEAR CAPITAL IMPROVEMENT PLAN FOR
FY2025/2026 THROUGH FY2029/2030
WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County T ransportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and
WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-01 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five-Year Capital Improvement Plan; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RE SOLVE AS FOLLOWS:
SECTION 1 . That the Measure I Five Year Capital Improvement Plan, attached to this resolution as Exhibit A, and the Expenditure Strategy, attached to this resolution as Exhibit B, are hereby adopted.
SECTION 2. That the City Clerk shall certify as to the adoption of this Resolution.
Exhibit A
Measure I Five Year Capital Improvement Plan
Resolution Number:
Resolution Approval Date:
Contact Person/Title:
Phone:
Email:
6/30/25 Carryover Balance $11,838,605.00
FY2025/26 Est. Revenue FY2026/27 Est. Revenue FY2027/28 Est. Revenue FY2028/29 Est. Revenue FY2029/30 Est. Revenue Total Est. Rev. $6,384,191 $6,561,656 $6,745,347 $6,936,225 $7,135,294 $33,762,712 Projects:
Mojave Dr, US-395 to Seventh St, pavement rehabilitation, road widening, storm drain No No 0.0% 0.0% $12,578,500 $5,955,000 $0 $0 $0 $0 $5,955,000 Third Ave, pavement rehabilitation, road widening No No 0.0% 0.0% $850,000 $850,000 $0 $0 $0 $0 $850,000 Citywide Pavement Thermoplastic Re-Striping No No 0.0% 0.0% $210,000 $210,000 $0 $0 $0 $0 $210,000 Air Expressway, National Trails Hwy to George Blvd, pavement rehabilitation No No 0.0% 0.0% $5,546,000 $0 $2,773,000 $0 $0 $0 $2,773,000 Bear Valley Rd, US 395 to Bellflower Rd, pavement rehabilitation No No 0.0% 0.0% $422,000 $0 $422,000 $0 $0 $0 $422,000 Amargosa Rd, Dos Palmas Rd to Vilage Dr, pavement rehabilitation No No 0.0% 0.0% $3,600,000 $0 $0 $1,800,000 $0 $0 $1,800,000 El Evado Rd, Palmdale Rd to Begonia Rd, pavement rehabilitation No No 0.0% 0.0% $1,210,000 $0 $0 $605,000 $0 $0 $605,000 Mariposa Rd, Talpa St to Kingswood Dr, pavement rehabilitation No No 0.0% 0.0% $1,200,000 $0 $0 $600,000 $0 $0 $600,000 Air Expressway, George Blvd to Phantom West, pavement
rehabilitation No No 0.0% 0.0% $3,015,000 $0 $0 $1,507,500 $0 $0 $1,507,500 Ridgecrest Rd, Pahute Rd to Green Tree Blvd, pavement
rehabilitation No No 0.0% 0.0% $1,300,000 $0 $0 $0 $1,300,000 $0 $1,300,000 La Paz Dr, I-15 Ramps to 7th St, pavement rehabilitation No No 0.0% 0.0% $1,200,000 $0 $0 $0 $569,000 $0 $569,000 Seventh St, Mariposa Rd to Lorene Dr, pavement rehabilitation No No 0.0% 0.0% $7,000,000 $0 $0 $0 $955,000 $0 $955,000 Hesperia Rd, Bear Valley Rd to Seneca Rd, pavement
rehabilitation No No 0.0% 0.0% $7,000,000 $0 $0 $0 $0 $3,200,000 $3,200,000 Concrete Access Ramps - various vocations No No 0.0% 0.0% $1,049,005 $575,000 $113,300 $116,699 $120,200 $123,806 $1,049,005 Concrete Sidewalk, Install or Repair - various locations No No 0.0% 0.0% $1,973,140 $371,650 $382,800 $394,283 $406,112 $418,295 $1,973,140 Traffic Signal Pedestrian System Upgrades No No 0.0% 0.0% $0 $6,750 $6,750 $6,750 $6,750 $6,750 $33,750 Traffic Signal UPS Replacement No No 0.0% 0.0% $0 $45,000 $45,000 $45,000 $45,000 $45,000 $225,000 Traffic Signal Video Detection Upgrades No No 0.0% 0.0% $0 $25,000 $25,000 $25,000 $25,000 $25,000 $125,000 Citywide Pavement Rehabilitation, Seals and Overlays, Various Streets No No 0.0% 0.0% $0 $1,600,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $5,600,000 Cost Allocation No No 0.0% 0.0% $0 $503,503 $518,608 $534,166 $550,191 $566,697 $2,673,166 Engineering Services No No 0.0% 0.0% $0 $177,680 $183,010 $188,501 $194,156 $199,980 $943,327 Engineering Services - Vehicle Replacements No No 0.0% 0.0% $45,000 $45,000 $0 $0 $0 $0 $45,000 Streets - Engineering No No 0.0% 0.0% $0 $1,002,629 $1,032,708 $1,063,689 $1,095,600 $1,128,468 $5,323,094 Traffic Signal Maintenance No No 0.0% 0.0% $0 $483,616 $498,124 $513,068 $528,460 $544,314 $2,567,583 Traffic Signal Maintenance - Traffic Management Center upgrades No No 0.0% 0.0% $12,500 $12,500 $0 $0 $0 $0 $12,500 Traffic Control - Signing & Striping No No 0.0% 0.0% $0 $1,378,632 $1,419,991 $1,462,591 $1,506,468 $1,551,662 $7,319,345 $13,241,960 $8,420,291 $9,862,248 $8,301,937 $8,809,973 $48,636,409 Total Programming is currently 107% Total Estimated Programming: $48,636,409 Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost
[email protected]
Projects Total:
Victorville
Current
Estimate
Current
Estimate TotalCurrent
Estimate
Current
Estimate
Current
Estimate
(Must not exceed 150% of Carryover Balance +
Total Estimated Revenue)
Jurisdiction:25-053
8/19/2025
Fredy A. Bonilla, City Engineer
760-955-5170
Measure I Local Pass-through Program
FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2025/2026 thru 2029/2030