Agenda packet — Victorville City Council, April 7, 2026 (part 3 of 3)

FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 803225 03/18/2026 PRINTED 011397 CRESTLINE SPECIALTIES, IN 326.66 803226 03/18/2026 PRINTED 022946 DELGADO, STEVEN 561.51 803227 03/18/2026 PRINTED 000764 DESERT TRUCK SUPPLY 236.38 803228 03/18/2026 PRINTED 014737 PAPE GROUP INC., THE 493.21 803229 03/18/2026 PRINTED 014737 PAPE MATERIAL HANDLING IN 1,052.14 803230 03/18/2026 PRINTED 022422 ERNIE'S AUTO SERVICE CORP 4,056.35 803231 03/18/2026 PRINTED 016744 FAMILY ASSISTANCE PROGRAM 27,301.70 803232 03/18/2026 PRINTED 011291 FUELING AND SERVICE TECHN 2,805.00 803233 03/18/2026 PRINTED 004581 FLEETPRIDE 826.45
803234 03/18/2026 PRINTED 023675 FLORES, ANTHONY 325.00 803235 03/18/2026 PRINTED 021572 FLORES, JOVANNY 714.32 803236 03/18/2026 PRINTED 011371 GARDA CL NORTHWEST, INC. 124.80 803237 03/18/2026 PRINTED 024012 GARGAN, JONATHAN 154.30 803238 03/18/2026 PRINTED 005831 GARLAND, GARY M 325.00 803239 03/18/2026 PRINTED 021367 GIBSON, DANIEL 223.99
803240 03/18/2026 PRINTED 001074 GRAHAM EQUIPMENT 809.10 803241 03/18/2026 PRINTED 020022 GREATER HIGH DESERT CHAMB 500.00 803242 03/18/2026 PRINTED 022069 HIGH DESERT FASTENERS 42.18 803243 03/18/2026 PRINTED 024536 DRS AUTOMOTIVE GROUP, LLC 2,945.40 803244 03/18/2026 PRINTED 004021 KING, LAURA 75.04
803245 03/18/2026 PRINTED 024659 INLAND KENWORTH (US) INC. 63.73 803246 03/18/2026 PRINTED 010893 JAGGLI, DUSTIN 482.25
803247 03/18/2026 PRINTED 014207 JOHNSON, TYSON A. 89.25 803248 03/18/2026 PRINTED 020549 LAMMON, JAMES 2,318.32 803249 03/18/2026 PRINTED 021978 LAW OFFICE OF PETER KIEL 8,489.50 803250 03/18/2026 PRINTED 020906 LEGENDARY FIRE SYSTEMS, I 3,925.00 803251 03/18/2026 PRINTED 024364 LUCHA, BENJAMIN 1,886.63 803252 03/18/2026 PRINTED 000361 MARK BROWN & ASSOCIATES, 191.00 803253 03/18/2026 PRINTED 021161 CAR WASH PARTNERS, LLC. 840.00 803254 03/18/2026 PRINTED 027847 MOJAVE DESERT & MTN. WAST 63,295.72 803255 03/18/2026 PRINTED 020366 MUNICIPAL EQUIPMENT MAINT 275.00 803256 03/18/2026 PRINTED 020698 MUSCO CORPORATION 3,325.00 803257 03/18/2026 PRINTED 021150 ODP BUSINESS SOLUTIONS, L 80.88 803258 03/18/2026 PRINTED 024512 OPPENHEIMER INVESTIGATION 6,331.00 803259 03/18/2026 PRINTED 003114 ORANGE COUNTY WINWATER WO 412.16 803260 03/18/2026 PRINTED 020317 PAVEMENT COATINGS CO 51,527.84 803261 03/18/2026 PRINTED 023348 POUTSMA, CHRIS 185.31
803262 03/18/2026 PRINTED 021481 VELASCO,JOSEPH 3,485.76 803263 03/18/2026 PRINTED 022511 PUMP CHECK, INC. 1,573.00 803264 03/18/2026 PRINTED 023264 QUADIENT FINANCE USA, INC 2,000.00 803265 03/18/2026 PRINTED 011466 RANGE VEHICLE CENTER INC. 121.98 803266 03/18/2026 PRINTED 010689 RED HELMET TRAINING 500.00 803267 03/18/2026 PRINTED 018893 RICKER, JEFFERY 60.00
803268 03/18/2026 PRINTED 024058 RJ'S DEMOLITION & DISPOSA 1,645.31 803269 03/18/2026 PRINTED 021758 ROBERT HALF INTERNATIONAL 4,717.50 803270 03/18/2026 PRINTED 003150 ROBERTSON'S 2,163.41
803271 03/18/2026 PRINTED 024172 ROJAS, JOSEPH 190.00
803272 03/18/2026 PRINTED 014287 SAPP, DONALD 299.90
803273 03/18/2026 PRINTED 023680 JACOBS, SHANE 300.00
803274 03/18/2026 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 194,380.53 803275 03/18/2026 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 52,333.85 803276 03/18/2026 PRINTED 024219 STUDIO 2G ARCHITECTS, LLC 9,903.33

CITY OF VICTORVILLE

AP CHECK RECONCILIATION REGISTER
Report generated: 03/19/2026 09:28
User: avgonzalez
Program ID: apchkrcn

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FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 803277 03/18/2026 PRINTED 023792 VERTEX CIVIL LLC 26,660.50 803278 03/18/2026 PRINTED 018471 VILLARREAL, MATTHEW 100.00 803279 03/18/2026 PRINTED 029510 WEST END MATERIAL SUPPLY 39.69 803280 03/18/2026 PRINTED 024241 THE ABY MANUFACTURING GRO 3,019.51 803281 03/18/2026 PRINTED 024673 ALVAREZ, GIOVANNI & CARME 30.22 803282 03/18/2026 PRINTED 024678 BIRKINBINE, KATHERINE A. 10.81 803283 03/18/2026 PRINTED 024680 CHICAGO TITLE COMPANY 62.74 803284 03/18/2026 PRINTED 020255 CITY OF VICTORVILLE-PW SW 6,508.23 803285 03/18/2026 PRINTED 024670 GARBUTT, SHANTEL JOY 144.82 803286 03/18/2026 PRINTED 024671 GARCIA, KEVIN D. 26.02 803287 03/18/2026 PRINTED 024676 HARO, HORTENCIA 360.74 803288 03/18/2026 PRINTED 024675 HOME EXPO FINANCIAL INC 26.02 803289 03/18/2026 PRINTED 024679 LUM, JEFFREY M 91.01
803290 03/18/2026 PRINTED 024669 NAVARRO, JACOB 120.00
803291 03/18/2026 PRINTED 024672 NEXT DOOR NEIGHBOR HOMES 97.19 803292 03/18/2026 PRINTED 015220 NGUYEN, HIEU Q 30.22
803293 03/18/2026 PRINTED 024667 PARK, JONG 162.74
803294 03/18/2026 PRINTED 000722 PHAM, PETER 29.42
803295 03/18/2026 PRINTED 015394 REAL ESTATE UNLIMITED 23.69 803296 03/18/2026 PRINTED 024677 SINGH, MOHINDER & PARMIND 26.02 803297 03/18/2026 PRINTED 024674 TORREZ, DAVID JR. 30.22 803298 03/18/2026 PRINTED 024681 WAHBA, KARIM 22.51
334 CHECKS CASH ACCOUNT TOTAL 5,757,480.20 .00
DATE OF WIRE ACCOUNT NAME DESCRIPTION AMOUNT WELLS FARGO BANK CONF # AP ENTRY MUNIS WIRE # 03/11/26
COMMONWEALTHLAND TITLE VACANT LAND PURCHASE 6,518.00 $ CHIPS:S00532499I0017204R0017155O0000000 Total: 6,518.00 $
Item Number: 16
City Council / Board of Directors
Written Communications
Meeting of: April 7, 2026
Submitted By:

Scott Webb, Deputy City Manager

Subject:

Measure I Continuation Expenditure Plan
Recommendation:

That the Honorable City Council adopt Resolution No. 26-015 approving the Expenditure Plan developed by the San Bernardino County Transportation Authority for the continuation of Measure I.

Fiscal Impact:

There is no direct fiscal impact associated with approval of this item. However, the current Measure I will sunset in 2040, unless extended by the voters. The continuation of Measure I is estimated to generate approximately $7.5 billion county-wide in its first 30 years.

Strategic Plan Goal:

The Measure I Expenditure Plan aligns with Goal E, Invest in Infrastructure, Strategy 11 of the City of Victorville Strategic Plan 2023-2026. Strategy 11 focuses on continuing to secure funding to expand, improve, and preserve the City’s roadway system. The Expenditure Plan allocates Measure I revenue to support these efforts including the preservation, rehabilitation, improvement and maintenance of the City’s roadways.

Background:

Measure I is San Bernardino County’s one-half of one percent retail transactions and use tax dedicated to transportation improvements and programs. Administered by San Bernardino County Transportation Authority (SBCTA), the measure was first approved by County voters in 1989 and in 2004 it was extended through April 1, 2040. Revenue generated by the tax is distributed throughout the incorporated and unincorporated areas of San Bernardino County and is used to support transportation improvement and traffic management programs.

The City of Victorville is identified as part of San Bernardino County’s Victor Valley Subarea of the Mountain/Desert Area, which includes the Cities of Adelanto, Hesperia, and Victorville; the Town of Apple Valley; and the surrounding unincorporated areas including Wrightwood. The revenue generated by the Mountain/Desert Area is currently allocated as indicated in the following table:

Project Category Measure I Percentage
Local Streets Projects 70%
Regional Mobility 20%
Operations 10%
Discussion:

At the February 4, 2026, SBCTA Board meeting, the Board authorized staff to seek approval of an updated draft Expenditure Plan from the Board of Supervisors and the Councils of all Cities and Towns within the County. Public Utilities Code section 180206 requires that the Measure I Continuation Expenditure Plan be approved by the County Board of Supervisors and a majority of the cities representing a majority of the population residing in incorporated areas before it can be adopted. The Expenditure Plan must be adopted prior to the call for the election. The draft Expenditure Plan is included as Exhibit A of Resolution No. 26-015 (Attachment A).

If approved by the Board of Supervisors and a majority of cities, SBCTA plans to place a ballot measure on the November 3, 2026, General Election ballot. The measure would continue the existing one-half of one percent retail transactions and use Tax (TUT) imposed by Measure I. If approved by voters, the TUT would continue indefinitely, unless it is repealed by voters.

Changes to the Expenditure Plan include redirecting the 3% set-aside from the Cajon Pass Expenditure Plan to the Interregional Mobility Expenditure Plan, which allows for broader use of funds on other key regional corridors beyond the Cajon Pass. Additionally, after the first 10 years, the SBCTA Board will have greater flexibility to amend the Expenditure Plan by board vote without requiring consent from the County and its cities.

However, any changes in the subregional boundaries will still require unanimous approval from all local jurisdictions affected by the revisions. The updated Expenditure Plan for the Mountain/Desert area allocates the same distribution of funding by category as noted in the table above.

Staff finds the updated Expenditure Plan generally consistent with the current Measure I funding and recommends adopting Resolution No. 26-015 approving the SBCTA plan.

Prepared By:

Amanda Alvarez, Management Specialist
Attachment: A. Resolution No. 26-015 and Measure I Expenditure Plan Attachment A
Resolution No. 26-015 and
Measure I Expenditure
Plan
RESOLUTION NO. 26-015

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE,

STATE OF CALIFORNIA, ADOPTING THE EXPENDITURE PLAN FOR

THE EXPENDITURE OF REVENUES IN SAN BERNARDINO COUNTY

EXPECTED TO BE DERIVED FROM THE PROPOSED CONTINUATION

OF MEASURE I
WHEREAS, the voters of San Bernardino County passed Measure I in November 1989 and renewed it in 2004, authorizing San Bernardino Associated Governments, acting as the San Bernardino County Transportation Authority, to impose a one-half of one percent transactions and use tax for transportation improvements, applicable in the incorporated and unincorporated territory of the County of San Bernardino, through April 1, 2040, and
WHEREAS, Measure I has provided funding for numerous transportation projects, including freeways, local roads, major streets, interchanges, the Metrolink commuter train system, public buses, traffic signals, and more; and
WHEREAS, the imposition of the one-half of one percent transactions and use tax is set to expire in 2040; and
WHEREAS, San Bernardino County Transportation Authority, after engagement with private sector stakeholders and city and County representatives, has prepared an Expenditure Plan for the revenues expected to be derived from the proposed continuation of Measure I, which is anticipated to be placed on the November 3, 2026, ballot, and WHEREAS, the proposed Expenditure Plan for the continuation of Measure I is attached hereto as Exhibit A; and
WHEREAS, if approved by the voters, the continuation of Measure I would authorize the collection of a one-half of one percent sales tax and generate an estimated $7.5 billion in its first 30 years for local transportation projects; and WHEREAS, if approved by the voters, the continuation of Measure I would not institute a new tax, but continue the existing one-half of one percent sales tax for transportation after April 1, 2040; and
WHEREAS, revenues raised from the continuation of Measure I would remain in San Bernardino County and could not be allocated by the state or federal government; and
WHEREAS, Measure I would provide a long-term funding source to help fight traffic congestion; improve local streets, major roads and highways; and enhance San Bernardino County’s economy by providing construction-related jobs, manufacturing jobs, and an effective transportation system to meet the needs of residents and the business community; and
WHEREAS, Public Utilities Code section 180206 requires that the Measure I Continuation Expenditure Plan be approved by the County Board of Supervisors and a majority of the cities representing a majority of the population residing in incorporated areas.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the Measure I Continuation Expenditure Plan developed by the Board of Directors of the San Bernardino County Transportation Authority attached to this resolution as Exhibit A is hereby approved.

SECTION 2. That the City Clerk shall certify as to the adoption of this Resolution.

Exhibit A
Expenditure Plan
Exhibit A
Transportation Expenditure Plan
Revenue Estimates and Distribution. Allocation of revenue authorized by Ordinance No. 26-1 is established within this Expenditure Plan. Funds shall be allocated by percentage of the actual revenue received. An estimate of revenues and allocation among categories for the first 30 years is $7.5 billion. The estimated revenue is based upon 2026 value of money and is not binding or controlling.

Return to Source. After deduction of required CDTFA fees, funds dedicated for the Interregional Mobility Expenditure Plan and authorized administrative costs, revenues generated from each specified Subarea within San Bernardino County will be expended on projects of direct benefit to that Subarea.

Revenues will be accounted for separately for each Subarea and then allocated to specified project categories. Decisions on how revenues for certain project categories are expended within the Subareas will be made by the Authority Board of Directors, based upon recommendation of local representatives.

Subarea Identification. The San Bernardino Valley Subarea will include the cities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland and Yucaipa and unincorporated areas in the east and west portions of the San Bernardino valley urbanized area. The Mountain/Desert area will include the following subareas: (1) The North Desert Subarea, which includes the City of Barstow and surrounding unincorporated areas; (2) The Colorado River Subarea, which includes the City of Needles and the surrounding unincorporated areas of the East Desert; (3) The Morongo Basin Subarea, which includes the City of Twentynine Palms, Town of Yucca Valley, and surrounding unincorporated areas; (4) The Mountain Subarea, which includes the City of Big Bear Lake and surrounding unincorporated areas of the San Bernardino Mountains; and (5) the Victor Valley Subarea, which includes the Cities of Adelanto, Hesperia, and Victorville; the Town of Apple Valley; and surrounding unincorporated areas including Wrightwood.

Contribution from New Development. No revenue generated from the tax shall be used to replace the fair share contributions required from new development as further described in Section 8 of the Ordinance.

Requirement for Annual Financial and Compliance Audits of Measure Funds. The San Bernardino County Transportation Authority shall undergo a biennial financial audit, and each local jurisdiction receiving an allocation of Measure revenue authorized in this Expenditure Plan shall undergo an annual financial audit, with all audits to be performed in accordance with generally accepted auditing standards and government auditing standards issued by the Comptroller General of the United States. Compliance audits also shall be conducted to ensure that each agency is expending funds in accordance with the provisions and guidelines established for Measure revenue including compliance with Maintenance of Effort provisions
The Interregional Mobility Expenditure Plan. Upon initial collection of revenue, 3% of the revenue generated across all San Bernardino County subareas will be reserved in advance of other allocations specified in this plan, in an account for the Interregional Mobility Expenditure Plan. The Interregional Mobility Expenditure Plan will provide resources for the planning and implementation of projects and programs that provide critical infrastructure to communities impacted by regional motorist, tourism, interregional travel, and goods movement. This program will help plan and deliver critical infrastructure improvements, such as enhancements in the Cajon Pass and other key corridors, that address congestion, enhance mobility, improve safety, and strengthen resilience. It will also support evacuation planning, bolster emergency response capabilities, improve primary evacuation routes, and fund transit-related evacuation needs. In addition, the program will be available to address unexpected infrastructure damage resulting from natural or human-caused disasters, ensuring rapid recovery and the restoration of essential interregional mobility.

San Bernardino Valley Subarea Expenditure Plan. In that area described as the San Bernardino Valley Subarea, and referred to herein as the Valley Subarea, project categories shall be established as specified below. The San Bernardino Valley Subarea Expenditure Plan is illustrated in Figure A.

A. State and Federal Transportation Funds. A proportional share of projected state and federal transportation funds shall be reserved for use solely within the Valley Subarea.

B. Local Mobility 25%. Local priorities that focus on local roadway, bikeway, and sidewalk construction, repair, and maintenance for improved localized movement. Includes pass through for local priorities such as: local street widening & rehabilitation, potholes, grade separations, sidewalks, bike lanes, streetlights, and quiet zones. Allocations to local jurisdictions shall be on a per capita basis using the most recent State Department of Finance population estimates for January 1, with the County's portion based upon unincorporated population in the Valley Subarea. Estimates of unincorporated population within the Valley Subarea shall be determined by the County Planning Department, reconciled with the State Department of Finance population estimate for January 1 of each year.

Upon initial collection of revenue, each local jurisdiction shall reserve 5% of allocated revenue in a special account to be expended on active transportation projects. Eligible active transportation projects may include, at the discretion of the local jurisdiction, bicycle and pedestrian projects and costs for associated studies or plans. If, after at least ten years of revenue collection, the local jurisdiction’s governing body makes a finding that the reserve for active transportation projects is no longer necessary, and the Authority Board of Directors subsequently approves the finding, then all Local Mobility funds allocated to the local jurisdiction may be used for any eligible purpose.

Local Mobility projects are defined as local street and road construction, repair, and maintenance and other eligible local transportation priorities. Except as set forth herein, Local Mobility funds can be used flexibly for any eligible transportation purpose determined to be a local priority, including local streets, major highways, state highway improvements, transit, and other improvements/programs to maximize use of transportation facilities. Expenditure of Local Mobility funds shall be based upon a Five-Year Plan adopted annually by the governing body of each local jurisdiction after being made available for public review and comment. Local Mobility funds shall be disbursed to local jurisdictions upon receipt of the annually adopted Five-Year Plan. The locally adopted Five-Year Plan shall be consistent with local, regional, and state transportation plans.

C. Regional Mobility 50%. Regional priorities that focus on goods movement, transit, managed lanes, congestion management, and emerging transportation technologies to enhance regional movement and include: highway improvements, bus and passenger rail (capital and rehabilitation), corridors, interchanges, environmental mitigation, traffic management systems (freeway service patrol and air quality strategies), quiet zones, planning and project development, and emerging transportation technology.

Regional Mobility projects are defined as congestion relief and safety improvements to corridors that connect communities, serve major destinations, and provide freeway access. Decisions on how Regional Mobility funds are expended will be made by the Authority Board of Directors, based upon recommendation of local jurisdiction representatives. Funding priorities shall be given to improving roadway safety, relieving congestion, and street improvements at rail crossings and shall take into account equitable geographic distribution over the life of the program. Eligible projects also include, but are not limited to, signal synchronization, systems to improve traffic flow, commuter assistance programs, freeway service patrol, and projects that contribute to environmental enhancement associated with transportation facilities.

D. Operations 25%. Resourcing the operational costs for providing mobility services via rail, transit, senior and specialized services, first/last mile connections, ridesharing, and safety support functions.

Decisions on how Operations funds are expended will be made by the Authority Board of Directors, based upon recommendations of local jurisdiction representatives. Funding priorities shall be given to maintaining core services across all modes of mobility.

Mountain/Desert Expenditure Plan. In that area described as the Mountain/Desert area, the following Expenditure Plan requirements shall apply. The Mountain/Desert Subarea Expenditure Plan is illustrated in Figure B.

A. State and Federal Transportation Funds. A proportional share of projected state and federal transportation funds shall be reserved for use solely within the Mountain/Desert Subareas.

B. Local Mobility 70%. Local priorities that focus on local roadway, bikeway, and sidewalk construction, repair, and maintenance for improved localized movement. Includes pass through for local priorities such as: local street widening & rehabilitation, potholes, grade separations, sidewalks, bike lanes, and streetlights. Allocations to local jurisdictions shall be based upon population (50 percent) and tax generation (50 percent). Population calculations shall be based upon the most current State Department of Finance estimates for January 1 of each year. Estimates of unincorporated population within each Subarea shall be determined by the County Planning Department, reconciled with the State Department of Finance population estimate. Tax generation calculations shall be based upon CDTFA data.

Upon initial collection of revenue, each local jurisdiction shall reserve 5% of allocated revenue in a special account to be expended on active transportation projects. Eligible active transportation projects may include, at the discretion of the local jurisdiction, but are not limited to, bicycle and pedestrian projects and costs for associated studies or plans. If, after at least ten years of revenue collection, the local jurisdiction’s governing body makes a finding that the reserve for active transportation projects is no longer necessary, and the Authority Board of Directors subsequently approves the finding, then all Local Mobility funds allocated to the jurisdiction may be used for any eligible purpose.

Local Mobility projects are defined as local street and road construction, repair, and maintenance and other eligible local transportation priorities. Except as set forth herein, Local Mobility funds can be used flexibly for any eligible transportation purpose determined to be a local priority, including local roads, major streets, state highway improvements, transit, including but not limited to, fare subsidies and service enhancements for seniors and persons with disabilities, and other improvements/programs to maximize use of transportation facilities. Expenditure of Local Mobility funds shall be based upon a Five-Year Plan adopted annually by the governing body of each local jurisdiction after being made available for public review and comment. Local Mobility funds shall be disbursed to local jurisdictions upon receipt of the annually adopted Five-Year Plan. The locally adopted Five-Year Plans shall be consistent with other local, regional, and state transportation plans.

C. Regional Mobility 20%. Regional priorities that focus on goods movement, transit, managed lanes, congestion management, and emerging transportation technologies to enhance regional movement and include: highway improvements, bus and passenger rail (capital and rehabilitation), corridors, interchanges, environmental mitigation, traffic management systems (freeway service patrol and air quality strategies), planning and project development, and emerging transportation technology.

Revenue collected within each Subarea shall be reserved in a special account to be expended on Regional Mobility projects of benefit to the Subarea. Regional Mobility projects are defined as major streets and highways serving as primary routes of travel within the Subarea, which may include State highways and freeways, where appropriate. Regional Mobility Projects funds can be used to leverage state and federal funds for transportation projects and to perform advance planning/project reports.

Expenditure of Regional Mobility funds shall be approved by the Authority Board of Directors, based upon a recommendation of Subarea representatives and the Mountain/Desert Policy Committee. If, after five years of revenue collection and every five years thereafter, the local representatives and the Mountain/Desert Policy Committee make a finding that Regional Mobility funds are not required for improvements of benefit to the Subarea, then revenue in the Regional Mobility category may be returned to local jurisdictions within the Subarea. Such return shall be allocated and expended based upon the formula and requirements established in the Local Mobility category.

D. Operations 10%. Resourcing the operational costs for providing mobility services via rail, transit, senior and specialized services, first/last mile connections, ridesharing, and safety support functions.

Decisions on how Operations funds are expended will be made by the Authority Board of Directors, based upon recommendation of Subarea representatives and the Mountain/Desert Policy Committee and/or Transit Committee. Funding priorities shall be given to maintaining core services across all modes of mobility services.

The Authority Board of Directors, based upon recommendation of Subarea representatives and the Mountain/Desert Policy Committee, may provide additional funding beyond 10% upon a finding that such increase is required to address unmet transit needs of the Subarea. All increases above the 10% initial revenue collected for the Operations category shall come from the Local Mobility category of the Subarea.

E. Mountain/Desert Policy Committee. The Mountain/Desert Policy Committee of the Authority shall remain in effect and provide oversight of the implementation of the Mountain/Desert Expenditure Plan.

Measure “I”
Transportation Expenditure Plan

FIGURE A
San Bernardino Valley Subarea Expenditure Plan

FIGURE B
Mountain Desert Expenditure Plan
Item Number: 17
City Council / Board of Directors
Written Communications
Meeting of: April 7, 2026
Submitted By:

Doug Mathews, Director of Public Works and Water

Subject:

Custom Truck Beds for Water Field Service Vehicles
Recommendation:

That the Honorable Board of Directors:
(1) Find that Scelzi Enterprises Inc. is the sole brand manufacturer for the standardization, procurement, manufacturing and installation of two (2) custom truck beds and a sole source is approved in accordance with VMC 2.28.100(b)(2); and
(2) Authorize the procurement, manufacturing, and installation of two (2) custom truck beds and valve equipment in the amount of $272,729.83 to Scelzi Enterprises Inc.

Fiscal Impact:

Acting in accordance with the staff recommendation will result in a fiscal impact of $272,729.83. No additional appropriation is required. Funds have been budgeted in the following account codes as part of the FY25/26 annual budget but will be rolled over to the FY26/27 fiscal year.

Strategic Plan Goal:

This item aligns with Goal E, Invest in Infrastructure. By continuously replacing the vehicles and equipment that have reached the end of their useful life, the District can continue to provide a healthy and livable community for all residents.

Account Description Account Code Available Balance
Replace Vehicle 63207 4100535 – 55040 – 74400 $179,233.97 Replace Vehicle 23409 4100535 – 55040 – 74440 $132,267.81 Total $311,501.78
Background:

On March 15, 2022, the Victorville Water District (District) Board of Directors approved the purchase of fleet vehicles from Project CC22-060 which included two Water – Field Service vehicles, a Valve Exercising Truck, and a Water Emergency Response Truck.

The nationwide shortage of vehicles resulted in limited availability of inventory and drove the price of new and used vehicles to an all-time high. The Victorville Municipal Code

2.28.100(a)(5) allowed the City Manager to proceed with procuring the equipment in the open market after no responsive bids were received.

Victorville Municipal Code 2.28.120 allowed the Purchasing Division to utilize various cooperative purchasing programs, to take advantage of volume pricing established by any local, state, or federal governmental agencies, if the underlying purchase was made using quotation or bid procedures at least as restrictive as the City’s. The State of California Contract administered by the Department of General Services was deemed by the Purchasing Division to be in conformance with the City’s quotation or bid procedures to permit reasonable competition, provided the supplies and equipment purchased are the same and offered at the same price as the supplies and equipment subject to the program agreement.

Purchasing staff contacted multiple government cooperative purchasing programs, as well as local dealers, to obtain inventory updates. All sources indicated that manufacturers would be releasing limited quantities of vehicles on a first-come, firstserved basis. In response, the District, along with other departments, took proactive measures to secure future vehicle deliveries.

In June 2023, two field services trucks (cab and chassis only) were successfully procured with the understanding that additional upfitting would be required to meet operational needs. However, the dealer was unable to source the customized service bodies necessary for staff use. After the vehicles were received, inspected, and entered into the Fleet Division’s system, the next step was to procure and install specialized truck beds to complete the vehicles and place them into service.

On December 17, 2024, the District Board of Directors authorized the procurement, manufacturing, and installation of two (2) custom truck beds in the amount of $239,923 with Doug Page Manufacturing. A purchase order was subsequently issued to the vendor to complete the work. Within a few months of project initiation, Doug Page Manufacturing began experiencing significant delays, and approximately six months into the project, progress had come to a complete standstill.

Throughout the project, including the period of slowed progress, staff conducted routine site visits and maintained ongoing communication with Doug Page Manufacturing to assess project status and identify the causes of delay. The vendor consistently attributed the lack of progress to temporary staffing shortages and material supply issues. In September 2025, Doug Page Manufacturing informed staff that it was liquidating its business and would be unable to complete the project. District staff subsequently retrieved the truck assets, which are currently stored at the District 1 Warehouse located at 13575 Hesperia Road.

Following this development, Water staff, in coordination with the Fleet Division, began evaluating alternative specialty vendors capable of completing the custom truck bed installations, noting that most High Desert agencies had historically relied on Doug Page Manufacturing for this type of work.

In September 2025, Victorville Municipal Utilities Services (VMUS) awarded a contract to Scelzi Enterprises Inc. for the fabrication of two custom truck beds in the amount of $138,003.64. VMUS received the completed vehicles in January 2026, reporting timely delivery and satisfactory performance of the final product.

Based on this experience, Water and Fleet staff initiated discussions with Scelzi Enterprises Inc. to procure, manufacture, and install the two custom truck beds necessary to complete the Field Division vehicles.

Discussion:

Each of these custom truck beds requires unique specifications tailored to specific operational needs, necessitating fully customized designs. The Valve Exercising Truck and the Water Emergency Response Truck are critical assets required to support regulatory compliance, ensure safe drinking water, and provide timely response to maintenance and emergency situations.

The District maintains approximately 25,000 valves (devices that regulate, start, or stop the flow of water within the distribution system) which must be exercised on a three-year cycle. The Valve Exercising Truck is equipped with valve exercising and hydro-vacuum excavation equipment, allowing staff to efficiently perform this work and maintain compliance with state regulatory requirements. This equipment supports the District’s valve maintenance program by ensuring valves remain operable, functional, and capable of fully closing when needed. The ability to operate these valves at a moment’s notice is critical, as emergency situations may require immediate isolation of portions of the distribution system. Without routine exercising and maintenance, sediment buildup and corrosion can cause valves to seize or become inoperable, significantly impacting system reliability and emergency response capabilities.

The second custom truck bed will be configured to support emergency response operations by enabling the deployment of personnel, materials, tools, and specialized equipment. This vehicle will be outfitted to address a wide range of emergency scenarios, including contractor-related damage to water mains and infrastructure failures across the District’s approximately 80-square-mile service area, which includes rural, industrial, commercial, and residential zones. Additionally, the vehicle will be equipped to implement traffic control measures to ensure public and worker safety during emergency operations.

Custom truck bed manufacturing is a highly specialized field, with only a limited number of vendors in California capable of meeting the District’s specifications. Historically, Doug Page Manufacturing and Scelzi Enterprises, Inc. were the two regional providers capable of performing this work. With the closure of Doug Page Manufacturing, Scelzi Enterprises, Inc. remains the only known regional provider within a reasonable proximity that can meet the District’s required specifications.

Accordingly, pursuant to Victorville Municipal Code Section 2.28.100(b)(2), and given that no standard, off-the-shelf truck beds are capable of meeting the District’s operational requirements, staff is requesting that the Board deem this procurement a sole source purchase based on the specialized nature of the equipment. Scelzi Enterprises, Inc. is the only identified vendor within a reasonable geographic area capable of delivering the required customization.

Therefore, staff recommends that the Board approve the sole source procurement and authorize Scelzi Enterprises, Inc. to procure, manufacture, and install two custom truck beds in an amount not to exceed $272,729.83.

Staff is available for any questions the Board may have.

Prepared By:

Sam Arvizu, Water Manager
Alejandra Garcia, Management Technician
Mel Krejckant, Public Works & Water Administrative Manager Attachments: A. Scelzi Enterprises Inc. Quote for Vehicle 63207 B. Scelzi Enterprises Inc. Quote for Vehicle 23409
C. Truck Bed Custom Drawings
D. Sole Source
Attachment A
Scelzi Enterprises Inc. Quote
for Vehicle 63207
2286 E. Date Ave.

Fresno, CA 93706
Phone: 559-237-5541
Fax: 559-237-5554
www.SEINC.com
Quotation
314508
Date: 3/24/2026, 8:00:11 AM
User: Romero, Melissa
Bill To: CITY OF VICTORVILLE Ship To: Riverside Will Call Attn: RICKER, JEFFERY Attn: Scelzi Enterprises
14177 MC ART RD. 2693 Rubidoux Blvd.

VICTORVILLE, CA 92392 Riverside, CA 92509
760- 955-5211
Quote Date: 03/24/2026 Salesman: Quezada, Carlos
Expiration Date: 04/23/2026 Ship Via: WILL CALL, Riverside, CA (Will Call) Sales Tax Rubidoux @ 7.750% Terms: COD
PO Number:

Notes:

MOUNT IN FRESNO

PAINT BODY WHITE

FUEL TANK LOCATION TBD
NOTES:

1.) AUXILARY LEAF SPRINGS MIGHT BE REQUIRED AND RECOMMENDED AFTER CUSTOMER LOADS TOOLS

AND NOT LEVEL TO BE DONE BY CUSTOMER AT LATER DATE

2.) RELOCATE EXHAUST PIPE ON PASSENGER SIDE

3.) WATER FIELD DIVISION TRUCK REPLACEMENT FOR CITY OF VICTORVILLE UNIT/TRUCK #63207 Qty Part Number Description Total Tax
1 CUSTOMER
TRUCK
2026 - RAM - 4500 - 4X2 - REG CAB - DRW - DIESEL - WHITE - 60"CA - VIN# 3C7WRKAL7PG628151
$0.00
Quotation
314508
Date: 3/24/2026, 8:00:11 AM
User: Romero, Melissa
1 SFB 8 X 10 SCELZI TAILPLATE
- 3/16” SMOOTH STEEL FLOOR
- CROSSMEMBERS ON 12" CENTERS.
- “NO” ROPE HOOKS
- “NO” AJ BAER STAKE POCKETS.
-LED LIGHTS AND OEM TAILLIGHTS
- CALIFORNIA DOCK BUMPER.
1EA - ST3 HEADBOARD 2”X3” X 120 WALL TUBING SQUARE HEADBOARD WITH 50/50 PERFORATION
1EA - NATIONAL SIGNAL #2161762 25 LAMP L.E.D 180 DEGREE ROTATION 36”X72” ARROW BOARD WITH POWER TILT FRAME MOUNTED ON

HEADBOARD MOUNTS WIRE HOT TO CONTROL IN CAB
2EA - WHEELEN L.E.D BEACON LIGHTS #L31HAF MOUNTED ON BEACON MOUNT #SE091020 ON BOTH SIDES OF ARROW BOARD WIRED TO

UPFITTER SWITCH IN CAB AND LABEL
NOTE: PROGRAM ALTERNATE SYNC SET TO PHASE 1
4EA - WHEELEN ION SURFACE MOUNT SUPER LED STROBE LIGHTS AMBER/ AMBER MODEL# IONSMA MOUNT (2) EA CENTER BELOW RUB RAIL SIDE AND (2) EA REAR OF BODY WIRE TO HOT UPFITTER SWITCH IN CAB AND LABEL
NOTE: PROGRAM ALTERNATE WITH DOUBLE FLASH 75 (PH 1)
1EA - REINFORCE FLOOR AND MOUNTING PLATE TO BE LOCATED ON

PASSENGER SIDE
1EA - SUPPLY AND INSTALL WACHS #77-000-54 STANDARD LX (DIESEL)

VALVE MAINTENANCE SKID VMS, ONTO FLOOR OFF SET AT REAR CORNER

PASSENGER SIDE & ADD A SEPERATOR CHARGE WIRE TO THE UNIT NOTE: IF EQUIPPED WITH DIRECTIONAL LIGHT DO NOT INSTALL PER

CUSTOMER
1EA - CLASS 5 RECIEVER HITCH WITH 2” REDUCER SLEEVE
NOTE: RATED @ 18,000LB PULLING CAPACITY & 1800LB TOUNGE WT 1EA - 7 PRONG FLAT RV TRAILER PLUG#12707
1EA - INSTALL FACTORY BACK UP CAMERA IF EQUIPPED
$145,426.00 T
1 TOOL BOX 108”X18”X18” TOP MOUNTED TOOL BOX WITH DIVIDER AT CENTER CLOSED

TOP MOUNT BEHIND HEADBOARD ON DRIVERSIDE
1EA - 12” TALL X 108'' L X 18'' DEEP 14 GAUGE PERFORATED BASKET OPEN

AT TOP MOUNTED ON
1'' X 2'' TUBING ON TOP OF CLOSED TOP TOOL BOX DRIVERSIDE $0.00
2 TOOL BOX 36”X18”X18” UNDERBODY TOOLBOXES MOUNTED FLUSH IN FRONT OF

REAR WHEEL ON BOTH SIDES
$0.00
Quotation
314508
Date: 3/24/2026, 8:00:11 AM
User: Romero, Melissa

DISCLAIMERS
TERMS: Standard terms are Net 10 Days, any deviations need to be in writing before production CHASSIS: Scelzi Enterprises, Inc. is not responsible for flashing or modification of any chassis modules due to the installation of a body
Including but not limited to camera installation, erratic turn signal operation, etc CHANGES: Each change after quote is accepted will constitute a $600.00 fee in addition to the cost of the change No changes will be made to orders 2 weeks prior to production start date DRAWINGS: Any changes to drawings after acceptance and 2 weeks prior to production start date will constitute a $500.00 fee or more at $150.00 per hour
No changes will be made to drawings 2 weeks prior to production start date PAINT: Scelzi Enterprises, Inc. does not guarantee a perfect color match due to inconsistencies in factory paints and procedures

THIS WORK AUTHORIZED BY DATE
Payment in full on completion of job if credit arrangements have not been made in advance Estimate
Prepared By:

Romero,
Melissa
The above quotation is submitted according to specifications submitted by customer. Any alterations or changes increasing production costs will be charged for accordingly.

Sales Rep:

Quezada,
Carlos
2 TOOL BOX 30”X18”X18” UNDERBODY TOOLBOXES MOUNTED FLUSH BEHIND REAR

WHEEL ON BOTH SIDES
$0.00
1 HAZ MAT - HWD
FEE
HAZARDOUS WASTE DISPOSAL FEE $50.00
1 WEIGHT

CERTIFICATE
WEIGHT CERTIFICATE OF COMPLETED UNIT $50.00
1 WILL CALL CUSTOMER TO PICK UP COMPLETED UNIT IN RIVERSIDE Sub Total $145,526.00
Sales Tax $11,166.98
Total $156,692.98
Attachment B
Scelzi Enterprises Inc. Quote
for Vehicle 23409
2286 E. Date Ave.

Fresno, CA 93706
Phone: 559-237-5541
Fax: 559-237-5554
www.SEINC.com
Quotation
314515
Date: 3/24/2026, 8:16:20 AM
User: Romero, Melissa
Bill To: CITY OF VICTORVILLE Ship To: Riverside Will Call Attn: RICKER, JEFFERY Attn: Scelzi Enterprises
14177 MC ART RD. 2693 Rubidoux Blvd.

VICTORVILLE, CA 92392 Riverside, CA 92509
760- 955-5211
Quote Date: 03/24/2026 Salesman:

Expiration Date: 04/23/2026 Ship Via: WILL CALL, Riverside, CA (Will Call) Sales Tax Rubidoux @ 7.750% Terms: COD
PO Number:

Notes:

MOUNT IN RIVERSIDE

PAINT BODY WHITE

FUEL TANK LOCATION TBD
NOTES:

1.) NO STAKE POCKETS

2.) WATER FIELD DIVISION TRUCK REPLACEMENT FOR CITY OF VICTORVILLE UNIT/TRUCK #23409

3.) QUOTE IS SUBJECT TO ADDITIONAL SURCHARGES PRICE IS VALID FOR 30 DAYS QUOTE Qty Part Number Description Total Tax
1 CUSTOMER
TRUCK
2023 - RAM - 5500 - 4X2 - REG CAB - DRW - DIESEL - WHITE - 120"CA - VIN# TBD
$0.00
Quotation
314515
Date: 3/24/2026, 8:16:20 AM
User: Romero, Melissa
1 SFB 8 X 16 - 3/16" STEEL DIAMOND PLATE FLOOR
- CROSSMEMBERS ON 12" CENTERS.
- ROPE HOOKS ON EACH CROSSMEMBER.
- "NO" A.J. BAER STAKE POCKETS.
- L.E.D CLEARANCE LIGHTS SIDES & REAR (2) EA 4” L.E.D RED ROUND STOP/ TURN LIGHTS #STL13RLVB & (2) EA 4” L.E.D CLEAR ROUND BACK UP LIGHTS #BUL06CB MOUNTED ON RUB-RAIL
- CALIFORNIA DOCK BUMPER (CUSTOM FOR VIBE PLATE APPLICATION) 1EA - ST3 HEADBOARD 2”X3” X 120 WALL TUBING SQUARE HEADBOARD WITH 50/50 PERFORATION
1EA - NATIONAL SIGNAL #2161762 25 LAMP L.E.D 180 DEGREE ROTATION 36”X72” ARROW BOARD WITH POWER TILT FRAME MOUNTED ON

HEADBOARD MOUNTS WIRE HOT TO CONTROL IN CAB
1EA - GO LIGHT LED MODEL 20204GT (WHITE) WITH IN DASH REMOTE MOUNTED 9X9 MOUNTING PLATE PART#SE091020 ON PASSENGER SIDE

NEXT TO ARROWBOARD AND WIRED HOT
2EA - WHEELEN L.E.D BEACON LIGHTS #L31HAF MOUNTED ON BEACON MOUNT #SE091020 ON BOTH SIDES OF ARROW BOARD WIRED TO

UPFITTER SWITCH IN CAB AND LABEL
NOTE: PROGRAM ALTERNATE SYNC SET TO PHASE 1
4EA - WHEELEN ION SURFACE MOUNT SUPER LED STROBE LIGHTS AMBER/ AMBER MODEL# IONSMA MOUNT (2) EA FRONT GRILL AND (2) EA REAR OF

BODY WIRED TO HOT UPFITTER

SWITCH IN CAB AND LABEL
NOTE: PROGRAM ALTERNATE WITH DOUBLE FLASH 75 (PH 1)
2EA - FLAT BED CUT OUT FOR DOUBLE SIDE ON BOTH SIDES
1EA - 60” TALL X 58” WIDE X20” DEEP DOUBLE COMPARTMENT WITH (5) EA.

ADJUSTABLE SHELFS MOUNTED IN FRONT 60”X34” COMPARTMENT AND SHELF BRACKETS AND (5) EA. ADJUSTABLE SHELFS MOUNTED IN FRONT 60”X24” COMPARTMENT ON CUT OUT DRIVERSIDE
1EA - 60” TALL X 24” WIDE X20” DEEP COMPARTMENT WITH SHELF BRACKETS AND (2) EA ADJUSTABLE SHELFS MOUNTED ABOVE ROLLER DRAWERS IN 2ND 24” COMPARTMENT CUT

OUT DRIVERSIDE
7EA - SCELZI ROLLER DRAWERS #250 STARTING FROM BOTTOM (1) EA. 6” TALL “NO” DIVIDERS THEN (2) EA. 4” TALL “NO” DIVIDERS THEN (4) EA. 3” TALL ROLLER DRAWERS WITH DIVIDERS ON 2” CENTERS MOUNTED IN 2ND 60”X24” COMPARTMENT IN DRIVERSIDE
1EA - 60” TALL X 58” WIDE X20” DEEP DOUBLE COMPARTMENT WITH SHELF BRACKETS AND (3) EA.

ADJUSTABLE SHELFS MOUNTED ABOVE (1) EA 2 POSITION PIVOTING JACK HAMMER STAND - SE192002 IN FRONT 60”X34” COMPARTMENT AND $107,598.00 T
Quotation
314515
Date: 3/24/2026, 8:16:20 AM
User: Romero, Melissa
OXY/ACC, HOSE HOLDER, AND LOUVERS MOUNTED IN FRONT 60”X24”

COMPARTMENT CUT OUT PASSENGER SIDE
1EA - 60” TALL X 24” WIDE X20” DEEP COMPARTMENT SHELF BRACKETS AND (2)EA. ADJUSTABLE SHELFS MOUNTED ABOVE ROLLER DRAWERS ON 2 ND 24” COMPARTMENT CUT OUT PASSENGER SIDE
7EA - SCELZI ROLLER DRAWERS #250 STARTING FROM BOTTOM (1) EA. 6” TALL “NO” DIVIDERS THEN (2) EA. 4” TALL “NO” DIVIDERS THEN (4) EA. 3” TALL ROLLER DRAWERS WITH DIVIDERS ON 2” CENTERS MOUNTED IN 2ND 60”X24” COMPARTMENT IN PASSENGER SIDE
2EA - BARRICADE HOLDER MOUNTED ON BACK WRAPPER BEHIND FRONT 60”X34” & 60”X24 COMPARTMENTS DRIVERSIDE
5EA - FREE STANDING CONE HOLDER – POLE STYLE #SE110122 MOUNTED

ON FLOOR PASSENGER SIDE EVENLY SPACES FROM HEADBOARD TO REAR
1EA - SPRAY POLYUREA LINER ONTO FLOOR TO EDGE OF RUB-RAIL BACK

WRAPPERS OF COMPARTMENTS HEADBOARD TO TOP
1EA - HUSQVARNA PP 518 GAS POWERED POWER PACK FOR HYDRALIC PRODUCTS 34” LONG X 22” WIDTH X 29” TALL PART# SP/967153602-21 MOUNTED ON TOP OF COMPARTMENTS PASSENGER SIDE NOTE: FITMENT

TO BE CONFIRMED BY ENGINEERING
1EA - 10GA REINFORCEMENT ON TOP OF 60” TALL COMPARTMENTS ON

BOTH SIDES
1EA - VANAIR VIPER G80 GV3 COMPRESSOR 24.9 HP HONDA IGX800 V-TWIN GAS DRIVEN 80 CFM @ 100 PSIG @ 8700 RPM KIT#1202-001 ISOLATOR KIT #277979 FILTER, MOISTURE WITH OIL REGULATOR FLR ¾” #263645 FUSE VELOCITY SCVL6 MOUNTED ON TOP OF COMPARTMENTS

DRIVERSIDE
1EA - REEL CRAFT ELECTRIC AIR REEL #EA33106-M12D – 3/4 IN. x 50 FT. 3000 PSI AIR HOSE REEL WITH 12V ELECTRIC MOTOR INCLUDE HOSE

PLUMB TO AIR COMPRESSOR MOUNTED UNDER BODY PASSENGER SIDE

WITH BALL STOP
1EA - RELOCATE EXHAUSE PIPE ON PASSENGER SIDE IF NEEDED 1EA - MOUNT REAR ENTRY UNDERBODY STORAGE AREA FOR VIBRATOR

PLATE MACHINE MOUNTED BEHIND REAR WHEEL ON DRIVER SIDE
1EA - INSTALL FACTORY BACK UP CAMERA IF EQUIPPED
1EA - CLASS 5 RECIVER HITCH WITH 2” REDUCER INSERT NOTE: RATED @ 18000LB PULLING CAPACITY AND 1800LB TOUNGE WT
1EA - 7 PRONG FLAT RV ELECTRIC TRAILER PLUG#12707
Quotation
314515
Date: 3/24/2026, 8:16:20 AM
User: Romero, Melissa

THIS WORK AUTHORIZED BY DATE
Payment in full on completion of job if credit arrangements have not been made in advance Estimate Prepared
By:

The above quotation is submitted according to specifications submitted by customer. Any alterations or changes increasing production costs will be charged for accordingly.

Sales Rep:
1 FB-SIDERACK 15” TALL SET OF FOLD DOWN SIDE RACKS WITH STAINLESS STEEL STAKES & ALUMINUM SLATS WITH WESTERN GATE LATCHES
NOTE: MOUNTED BEHIND COMPARTMENTS BOTH SIDES AND ACROSS REAR
$0.00
1 HAZ MAT -

HWD FEE
HAZARDOUS WASTE DISPOSAL FEE $50.00
1 WEIGHT

CERTIFICATE
WEIGHT CERTIFICATE OF COMPLETED UNIT $50.00
1 WILL CALL CUSTOMER TO PICK UP COMPLETED UNIT IN RIVERSIDE $0.00 Sub Total $107,698.00
Sales Tax $8,338.85
Total $116,036.85
Attachment C
Truck Bed Custom Drawings

CALIFORNIA DOCK BUMPER
60" X 18" X 18" UNDERBODY

TOOLBOXES, RECESS MOUNTED
-(1) DRIVER SIDE AND
-(1) PASSENGER SIDE
CLASS 5 RECEIVER HITCH AND
7 PRONG FLAT RV PLUG #12707

PERFORATED HEADBOARD
10GA SMOOTH STEEL
50/50 NON-CONTOURED
WITH 3" CHANNEL

UPRIGHTS AND RADIUS
NOTE: A.J. BAER STAKE POCKETS CORNERS

AT REAR ARE PARTIALLY BLOCKED

BY BED MOUNTED SKID

CUSTOMER SUPPLIED

WACHS STANDARD LX (GAS-VMS)
SKID MOUNTED AT REAR OF FLABED.

SKID ASSEMBLY CENTERED
ON BED AS SHOWN. THROUGH HOLES FOR WACHS SKID
TO BE REINFORCED FOR MOUNTING.

SKID MAIN FRAME TO BE CENTERED
ON BED
SFB 8' X 12'
-REAR MOUNTED FUEL TANK
-TAILPLATE
-3/16" STEEL DIAMOND PLATE FLOOR
-CROSSMEMBERS ON 12" CENTERS
-ROPE HOOKS ON EACH CROSSMEMBER
-A.J. BAER STAKE POCKETS
-L.E.D. SEAL BEAM CLEARANCE LIGHTS AND AMP,

OEM TAILLIGHTS
-INSTALL FACTORY PROVIDED REAR VIEW CAMERA
THIS DRAWING OR DOCUMENT AND/OR SCELZI ENTERPRISES, INC.

ELECTRONIC DATA, OR COPY THEREOF, IS

THE PROPERTY OF SCELZI ENTERPRISES,
INC. & IS CONSIDERED PROPRIETARY &
CONFIDENTIAL. DISCLOSURE OF THIS

INFORMATION IN ANY FORM, IN WHOLE OR

IN PART, TO ANY THIRD PARTY IS STRICTLY

PROHIBITED WITHOUT THE EXPRESS

ADVANCED WRITTEN PERMISSION FROM AN

AUTHORIZED REPRESENTATIVE OF SCELZI
ENTERPRISES, INC. USERS OF THE

INFORMATION CONTAINED HEREIN SHALL

TAKE APPROPRIATE MEASURES TO ENSURE
THIS INFORMATION REMAINS CONFIDENTIAL.

LAYOUT: 1 OF 6
DATE: 11/10/2023
DRAWN BY:

SCALE: 1:30
DWG NAME: BOM LAYOUT
SFB 8' X 12'
YEAR:

MAKE:

MODEL:

CA:

WORK ORDER:

PART NO:
2772 S. CHERRY AVE., FRESNO, CA 93706
271561 - SFB 8' X 12'
DESCRIPTION:

SHEET SIZE: A 271561 271561
2023
FORD
F-550
84"
REV. ECO. DESCRIPTION OF REVISION DATE APPV'D BY:
0 --- DRAWING CREATED 2/4/2019 KDO DEALER: CUSTOMER:

PERRY FORD LINCOLN NIPOMO COMMUNITY SERVICE DISTRICT

CUSTOMER SIGNATURE X
I.M.

REV 1.3

41.7 60

73.4 144
THIS DRAWING OR DOCUMENT AND/OR SCELZI ENTERPRISES, INC.

ELECTRONIC DATA, OR COPY THEREOF, IS

THE PROPERTY OF SCELZI ENTERPRISES,
INC. & IS CONSIDERED PROPRIETARY &
CONFIDENTIAL. DISCLOSURE OF THIS

INFORMATION IN ANY FORM, IN WHOLE OR

IN PART, TO ANY THIRD PARTY IS STRICTLY

PROHIBITED WITHOUT THE EXPRESS

ADVANCED WRITTEN PERMISSION FROM AN

AUTHORIZED REPRESENTATIVE OF SCELZI
ENTERPRISES, INC. USERS OF THE

INFORMATION CONTAINED HEREIN SHALL

TAKE APPROPRIATE MEASURES TO ENSURE
THIS INFORMATION REMAINS CONFIDENTIAL.

LAYOUT: 2 OF 6
DATE: 11/10/2023
DRAWN BY:

SCALE: 1:24
DWG NAME: BOM LAYOUT
SFB 8' X 12'
YEAR:

MAKE:

MODEL:

CA:

WORK ORDER:

PART NO:
2772 S. CHERRY AVE., FRESNO, CA 93706
271561 - SFB 8' X 12'
DESCRIPTION:

SHEET SIZE: A 271561 271561
2023
FORD
F-550
84"
REV. ECO. DESCRIPTION OF REVISION DATE APPV'D BY:
0 --- DRAWING CREATED 2/4/2019 KDO DEALER: CUSTOMER:

PERRY FORD LINCOLN NIPOMO COMMUNITY SERVICE DISTRICT

CUSTOMER SIGNATURE X
I.M.

REV 1.3
THIS DRAWING OR DOCUMENT AND/OR SCELZI ENTERPRISES, INC.

ELECTRONIC DATA, OR COPY THEREOF, IS

THE PROPERTY OF SCELZI ENTERPRISES,
INC. & IS CONSIDERED PROPRIETARY &
CONFIDENTIAL. DISCLOSURE OF THIS

INFORMATION IN ANY FORM, IN WHOLE OR

IN PART, TO ANY THIRD PARTY IS STRICTLY

PROHIBITED WITHOUT THE EXPRESS

ADVANCED WRITTEN PERMISSION FROM AN

AUTHORIZED REPRESENTATIVE OF SCELZI
ENTERPRISES, INC. USERS OF THE

INFORMATION CONTAINED HEREIN SHALL

TAKE APPROPRIATE MEASURES TO ENSURE
THIS INFORMATION REMAINS CONFIDENTIAL.

LAYOUT: 3 OF 6
DATE: 11/10/2023
DRAWN BY:

SCALE: 1:24
DWG NAME: BOM LAYOUT
SFB 8' X 12'
YEAR:

MAKE:

MODEL:

CA:

WORK ORDER:

PART NO:
2772 S. CHERRY AVE., FRESNO, CA 93706
271561 - SFB 8' X 12'
DESCRIPTION:

SHEET SIZE: A 271561 271561
2023
FORD
F-550
84"
REV. ECO. DESCRIPTION OF REVISION DATE APPV'D BY:
0 --- DRAWING CREATED 2/4/2019 KDO DEALER: CUSTOMER:

PERRY FORD LINCOLN NIPOMO COMMUNITY SERVICE DISTRICT

CUSTOMER SIGNATURE X
I.M.

REV 1.3
A
A
B
B
96 34

13.5 10.3

SECTION A-A
18 18
18 18
90 42

4.5 4.5

SECTION B-B
THIS DRAWING OR DOCUMENT AND/OR SCELZI ENTERPRISES, INC.

ELECTRONIC DATA, OR COPY THEREOF, IS

THE PROPERTY OF SCELZI ENTERPRISES,
INC. & IS CONSIDERED PROPRIETARY &
CONFIDENTIAL. DISCLOSURE OF THIS

INFORMATION IN ANY FORM, IN WHOLE OR

IN PART, TO ANY THIRD PARTY IS STRICTLY

PROHIBITED WITHOUT THE EXPRESS

ADVANCED WRITTEN PERMISSION FROM AN

AUTHORIZED REPRESENTATIVE OF SCELZI
ENTERPRISES, INC. USERS OF THE

INFORMATION CONTAINED HEREIN SHALL

TAKE APPROPRIATE MEASURES TO ENSURE
THIS INFORMATION REMAINS CONFIDENTIAL.

LAYOUT: 4 OF 6
DATE: 11/10/2023
DRAWN BY:

SCALE: 1:28
DWG NAME: BOM LAYOUT
SFB 8' X 12'
YEAR:

MAKE:

MODEL:

CA:

WORK ORDER:

PART NO:
2772 S. CHERRY AVE., FRESNO, CA 93706
271561 - SFB 8' X 12'
DESCRIPTION:

SHEET SIZE: A 271561 271561
2023
FORD
F-550
84"
REV. ECO. DESCRIPTION OF REVISION DATE APPV'D BY:
0 --- DRAWING CREATED 2/4/2019 KDO DEALER: CUSTOMER:

PERRY FORD LINCOLN NIPOMO COMMUNITY SERVICE DISTRICT

CUSTOMER SIGNATURE X
I.M.

REV 1.3
THIS DRAWING OR DOCUMENT AND/OR SCELZI ENTERPRISES, INC.

ELECTRONIC DATA, OR COPY THEREOF, IS

THE PROPERTY OF SCELZI ENTERPRISES,
INC. & IS CONSIDERED PROPRIETARY &
CONFIDENTIAL. DISCLOSURE OF THIS

INFORMATION IN ANY FORM, IN WHOLE OR

IN PART, TO ANY THIRD PARTY IS STRICTLY

PROHIBITED WITHOUT THE EXPRESS

ADVANCED WRITTEN PERMISSION FROM AN

AUTHORIZED REPRESENTATIVE OF SCELZI
ENTERPRISES, INC. USERS OF THE

INFORMATION CONTAINED HEREIN SHALL

TAKE APPROPRIATE MEASURES TO ENSURE
THIS INFORMATION REMAINS CONFIDENTIAL.

LAYOUT: 5 OF 6
DATE: 11/10/2023
DRAWN BY:

SCALE: 1:24
DWG NAME: BOM LAYOUT
SFB 8' X 12'
YEAR:

MAKE:

MODEL:

CA:

WORK ORDER:

PART NO:
2772 S. CHERRY AVE., FRESNO, CA 93706
271561 - SFB 8' X 12'
DESCRIPTION:

SHEET SIZE: A 271561 271561
2023
FORD
F-550
84"
REV. ECO. DESCRIPTION OF REVISION DATE APPV'D BY:
0 --- DRAWING CREATED 2/4/2019 KDO DEALER: CUSTOMER:

PERRY FORD LINCOLN NIPOMO COMMUNITY SERVICE DISTRICT

CUSTOMER SIGNATURE X
I.M.

REV 1.3
Attachment D
Sole Source
SCELZI Enterprises Inc.

Sam Arvizu
Doug Mathews
Carmen Cun
This vendor provides custom truck beds tailored to meet the specific needs of water utilities, integrating water industry equipment with end to end design and installation services. They hold the unique qualifications to custom design and build truck beds unique to water utility functions and needs. They are uniquely capable of specialized custom water utility bed design and installations, ensuring efficiency, durability, and compliance with safety standards.

The custom truck beds are required to ensure water department field teams have properly integrated equipment; valve turning machines, hydrant maintenance lifts, and dewatering pumps tailored to their specific needs, which standard truck bed body solutions can't provide. Without this service, efficiency and safety would be compromised, hindering the team's ability to perform critical operational and maintenance tasks effectively.

Item Number: 18
City Council / Board of Directors
Written Communications
Meeting of: April 7, 2026
Submitted By:

Doug Mathews, Director of Public Works and Water

Subject:

Authorization to Procure Licensed Microwave Radio System for the SCADA Network Recommendation:

That the Honorable Board of Directors:
(1) Determine that this procurement qualifies as a negotiated purchase for a technology product under Victorville Municipal Code § 2.28.110(a)(1); (2) Determine that this procurement qualifies as a noncompetitive negotiated purchase under VMC § 2.28.110(d); and
(3) Authorize the purchase of sixty-one (61) Aviat WMT4000 licensed microwave radio links from Petroleum Telcom, Inc., the sole authorized reseller, in an amount not to exceed $618,320.55, for the upgrade and replacement of the District’s existing public-spectrum radio system supporting the SCADA network.

Fiscal Impact:

This project was appropriated in the Fiscal Year 2025-26 annual budget under the Water Fund (Fund 410) from the following account code:

Acting in accordance with staff's recommendations will result in a fiscal impact of $618,320.55 for the procurement of sixty-one (61) Aviat WMT4000 licensed radio links.

Contingencies for potential change orders have been incorporated into the overall project budget to account for any unforeseen conditions or provisions that may arise during implementation.

Strategic Plan Goal:

Account Code Account Description Budget Amount
4100505–55050–74450 Radio Replacement Project $787,068.60 This item aligns with Strategic Plan Goal E - Invest in Infrastructure by ensuring the continued reliability and modernization of the District’s critical communication systems.

Replacing the existing public-spectrum radios with an FCC-licensed microwave network directly supports the City’s commitment to maintaining safe, efficient, and resilient water infrastructure. The upgraded system will strengthen operational reliability, improve cybersecurity, and provide the communication capacity necessary to support current and future SCADA expansion needs across the City’s water facilities.

Background:

The City’s Supervisory Control and Data Acquisition (SCADA) system is an Operational Technology (OT) system that serves as the central nervous system of the Victorville Water District’s (District) water operations. It provides automated control and real-time monitoring of approximately fifty-five (55) remote production, treatment, pumping, and storage sites throughout the City and Victor Valley area. The system continuously monitors water flow, pressure, reservoir levels, water quality, chemical dosing, pump operations, and alarm notifications. The infographic below illustrates the basics of a SCADA system for a potable water system.

This automation enables the District to maintain safe and reliable water service to the community around the clock, with minimal manual intervention and reduced after-hours staffing needs.

Communication between remote facilities and the central control servers is currently maintained through a microwave radio network operating in the public 5.8 GHz frequency band. Because this spectrum is unlicensed and open to public use, the District does not control who can operate within the same frequency space. As the City has grown, widespread use of Wi-Fi-enabled devices, cell phones, and other consumer electronics operating in the same frequency range has caused significant congestion within the public spectrum. This congestion has resulted in intermittent communication disruptions, reduced data transmission speeds, and unreliable connectivity between SCADA sites, which can impair the District’s ability to remotely monitor and control water system operations in real time. In addition to these performance impacts, reliance on a public- spectrum radio system presents a cybersecurity concern. Public, unlicensed frequencies are inherently more susceptible to unauthorized access, interception, and intentional interference. Although the District’s SCADA system is isolated from the public internet, the radio links transmitting operational data and control signals between facilities represent a critical communication pathway. A compromise or disruption of these links could limit real-time system visibility and control, creating operational risk for essential water infrastructure and public health.

Recognizing these challenges, the 2021 Water Master Plan (WMP) identified the need to upgrade the SCADA communication system as a critical infrastructure priority. The WMP specifically recommended replacement of the existing public-spectrum microwave network with a licensed, interference-free communication platform capable of providing reliable, high-speed data transmission and enhanced cybersecurity protections.

As the District continues to expand its operational capabilities and integrate additional facilities, including remote well sites, a modernized and secure communication network is essential to support system growth, operational efficiency, and regulatory compliance.

Discussion:

The District’s existing 5.8 GHz public-spectrum radio network has reached the limits of its effectiveness due to increasing congestion from Wi-Fi and other consumer devices operating in the same frequency range. This interference has made it difficult to maintain reliable communication between remote SCADA sites and central control servers. To address these issues, staff recommends transitioning to an FCC-licensed microwave radio system. Licensed frequencies are reserved exclusively for the license holder, eliminating interference from external devices and providing stable, uninterrupted communication between District facilities. The licensed system also enhances cybersecurity by operating as a closed, private network independent of public communication systems.

The proposed upgrade, provided by Petroleum Telcom, Inc., utilizes Aviat WMT4000 licensed microwave radios and includes third-party FCC coordination services to verify antenna sizing and ensure compliance with licensing requirements. The licensed microwave system will consist of forty-seven (47) radio links installed across key water production, storage, treatment, and booster facilities throughout the City, replacing the existing public-spectrum radios supporting the SCADA network. Although the system includes fifty-five (55) total sites, only forty-seven (47) radio links are required due to shared connections at certain locations. To support operational continuity, the proposal also includes fourteen (14) spare radios to allow for immediate replacement in the event of equipment failure or natural disasters, particularly at sites with multiple radio endpoints.

The proposal includes FCC coordination services, with licensing fees waived for municipalities, and provides ten-year licenses with renewal options. It also includes virtual staff training and extends the standard two-year manufacturer warranty to a total of three years. All hardware will be installed by District staff.

The upgrade includes Aviat Networks’ proprietary ProVision network management software, which supports up to one hundred (100) radios and provides centralized monitoring, configuration, and diagnostics. This software will replace the existing platform and will be administered and managed by District staff. The system does not require an annual licensing or subscription fee; ongoing costs are limited to periodic software updates and optional hardware support or extended warranties, as needed.

The proposed equipment has an anticipated delivery lead time of approximately two months. As the equipment is manufactured by a U.S.-based company, procurement is not subject to import tariffs, which supports cost stability and reduces exposure to price volatility. Additionally, given the critical nature of the District’s SCADA and operational technology systems, the District requires that equipment of this nature be sourced from manufacturers operating under U.S. legal jurisdiction to support supply chain integrity, vendor accountability, and long-term system reliability.

This procurement qualifies as a negotiated purchase under Victorville Municipal Code §

2.28.110(a)(1), which allows negotiated purchases for technology products, as defined in § 2.28.050(13). The Aviat WMT4000 licensed microwave radio system constitutes a technology product because it provides the hardware and communication infrastructure required for data transmission, monitoring, and automated control within the District’s SCADA system. Additionally, this purchase meets the conditions outlined in VMC §

2.28.110(d), which permits noncompetitive negotiations when there is only one available source. Petroleum Telcom, Inc. is the only authorized reseller and service provider for Aviat WMT4000 licensed microwave radio equipment in this region, and the proposed system must integrate seamlessly with the District’s existing SCADA infrastructure.

Therefore, staff determined that a noncompetitive, negotiated purchase is appropriate and consistent with the Municipal Code. Under VMC § 2.28.110(d), City Council approval is required for any noncompetitive negotiated purchase exceeding $125,000, following a determination of applicability and method of negotiation. As the total cost of this procurement is $618,320.55, Board authorization is required.

Staff recommends that the Board determine this procurement qualifies as a negotiated purchase for a technology product under VMC § 2.28.110(a)(1) and a noncompetitive negotiation under VMC § 2.28.110(d), and authorize the purchase of sixty-one (61) Aviat WMT4000 licensed microwave radio links from Petroleum Telcom, Inc. in the amount not to exceed $618,320.55. Staff is available to answer any questions the Board may have.

Prepared By:

Anne Darroch, Senior Administrative Analyst
Mel Krejckant, Public Works & Water Administrative Manager Attachments: A. General Services Provider Standard Agreement (JRC26-103) B. Microwave Radio Network Cost Summary
C. Aviat Sole Authorized Reseller Letter
Attachment A
General Services Provider
Standard Agreement
(JRC26-103)
1 General Services Provider Standard Agreement / Petroleum Telcom, Inc./ Project JRC26-103

GENERAL SERVICES PROVIDER STANDARD AGREEMENT

BY AND BETWEEN

VICTORVILLE WATER DISTRICT
AND
PETROLEUM TELCOM, INC.

FOR
RADIO REPLACEMENT, PROJECT JRC26-103
THIS GENERAL SERVICES PROVIDER STANDARD AGREEMENT (the “Agreement”) dated this __________________ day of ______________, 20___, for reference purpose only, is made and entered into by and between the VICTORVILLE WATER DISTRICT, a County water district and subsidiary district of the City of Victorville, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California, hereinafter referred to as the “District”, and Petroleum Telcom, Inc., a California corporation hereinafter referred to as the “Service Provider”. The District and the Service Provider are sometimes hereinafter referred to as a “Party” or as the “Parties”.

RECITALS:

WHEREAS, the District requires Radio Replacement; and
WHEREAS, in light of the facts set forth above, the District desires to retain the services of a qualified service provider to provide, on an independent contractor basis, Radio Replacement; and

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

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE

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

Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein.

Section 2. SCOPE OF SERVICES
Service Provider shall provide to the District those services set forth in the Scope of Services, attached hereto as Exhibit “A”, and incorporated as part of this Agreement by this reference.

Section 3. COMPENSATION
The District shall pay a total amount not to exceed six hundred eighteen thousand three hundred twenty and 55/100 dollars ($618,320.55) for the services rendered by Service Provider pursuant to this Agreement, subject to the provisions of Section 4.

Section 4. COST PROPOSAL
The District shall pay Service Provider as provided in the Proposal, attached hereto as Exhibit “A,” and incorporated as part of this Agreement by this reference. The provisions of 2 General Services Provider Standard Agreement / Petroleum Telcom, Inc./ Project JRC26-103 Exhibit “A” notwithstanding, in order to receive payments, Service Provider shall be required to submit to District monthly invoices detailing all services performed. Provided that services have been satisfactorily rendered, invoices shall be paid by the District approximately thirty (30) working days following receipt of Service Provider’s invoice.

Section 5. RESERVED
Section 6. TERM OF AGREEMENT
This Agreement shall commence on the date of full execution of the agreement (the “Commencement Date”) and expiring one (1) year after the commencement date (the “Termination Date”) (the “Term”), unless terminated earlier pursuant to Section 21 of this Agreement. From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 21 below.

This Agreement may be extended for four (4) additional one-year periods (hereinafter “Option Periods”), at the option of the District, subject to satisfactory performance as determined by the District. District shall give Service Provider sixty (60) days advance written notice prior to the expiration of the initial Term and sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the District decide to exercise its option(s) to extend. In the event District does not give Service Provider such written notice of its option to extend, this Agreement shall terminate at the end of the then-current Term or Option Period without further notice from either Party, unless terminated earlier pursuant to the provisions of Section 21 below. Should the District fail to give Service Provider the sixty (60) days written notice of its intention to exercise any Option Period, the District may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Service Provider.

Section 7. INDEPENDENT CONTRACTOR STATUS
Service Provider shall at all times during the Initial Term of this Agreement, and (if applicable during any Option Periods), perform the services described in this Agreement as an independent contractor.

Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS OF

SERVICE PROVIDER
a. Service Provider represents and acknowledges the following:
(1) The District is not required to provide any training or legal counsel to Service Provider or its employees in order for Service Provider to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement do not have to be integrated into the daily business operations of the District. (3) The services described in this Agreement can be performed without the use of District equipment, materials, tools, or facilities, unless otherwise provided under a separate agreement.
3 General Services Provider Standard Agreement / Petroleum Telcom, Inc./ Project JRC26-103 (4) Nothing in this Agreement shall be interpreted to imply that the District must maintain any contractual relationship with Service Provider on a continuing basis after termination of this Agreement.
(5) The District will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other such compensation to any person employed by Service Provider to perform the services described in this Agreement. (6) Service Provider shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the District. b. The District represents and acknowledges the following:
(1) Service Provider is solely responsible for determining who, under the supervision or direction of Service Provider, will perform the services set forth in this Agreement. (2) The District will not hire, supervise, or pay any employees or assistants working for Service Provider pursuant to this Agreement. (3) Nothing in this Agreement shall be interpreted to imply that Service Provider must maintain any contractual relationship with the District on a continuing basis after termination of this Agreement.
(4) It is the sole responsibility of Service Provider to set the hours in which Service Provider performs or plans to perform the services set forth in this Agreement. (5) Service Provider is not required to devote full time to the business operations of the District in order to perform the services set forth in this Agreement. (6) Unless deemed necessary under certain circumstances, Service Provider is not required to perform the services set forth in this Agreement at City Hall or on District-owned property.
(7) Nothing in this Agreement shall be interpreted to preclude Service Provider from working for other persons or firms, provided that such work does not create a conflict of interest.

Section 9. NOT AGENT OF THE DISTRICT
a. Nothing contained in this Agreement shall be deemed, construed, or represented by the District or Service Provider or by any third person to create the relationship of principal and agent.
b. Service Provider shall have no authority, express or implied, to act on behalf of the District in any capacity whatsoever as an agent, nor shall Service Provider have any authority, express or implied, to bind the District to any obligation whatsoever.

Section 10. LICENSES AND PERMITS
Service Provider represents that it has obtained and will maintain at all times during the initial Term, and (if applicable, during any Option Periods) of this Agreement all business licenses, 4 General Services Provider Standard Agreement / Petroleum Telcom, Inc./ Project JRC26-103 including but not limited to a City of Victorville business license, certifications, or permits necessary for performing the services described in this Agreement.

Section 11. WARRANTY
Service Provider agrees to perform all services required by this Agreement in a workmanlike competent and satisfactory manner in accordance with the standards prevalent in the industry for such services.

Section 12. FAMILIARITY WITH WORK
Should Service Provider discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the District, Service Provider shall immediately inform the District of such fact and shall not provide any services, except at Service Provider's risk, until written instructions are received from Doug Mathews, Director of Public Works and Water, or his designee.

Section 13. CONFLICTS OF INTEREST
Service Provider covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Service Provider’s services under this Agreement. Service Provider further covenants that in the performance of services under this Agreement, no officer, employee or agent of Service Provider having such an interest shall be employed by it. In the event the District determines that Service Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Service Provider shall file such Form 700 with the District Secretary’s Office pursuant to the written instructions provided by the District Secretary.

Section 14. COMPLIANCE WITH LAWS
Service Provider shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including any rule, regulation, or bylaw governing the conduct or performance of Service Provider or its employees, officers, or board members.

Section 15. COMMERCIAL GENERAL AND

AUTOMOBILE LIABILITY INSURANCE
a. Service Provider shall procure and maintain at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods), commercial general liability insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by Service Provider or its officers, employees, servants, volunteers, and agents and independent contractors. b. Service Provider shall further procure and maintain, at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods) commercial vehicle liability insurance covering personal injury and property damage, of not less than Two Million Dollars ($2,000,000) combined single limit, covering any vehicle utilized by Service Provider or its officers, employees, servants, volunteers, agents and independent contractors in performing the services required by this Agreement.
5 General Services Provider Standard Agreement / Petroleum Telcom, Inc./ Project JRC26-103 Section 16. WORKERS' COMPENSATION INSURANCE
a. Service Provider shall procure and maintain at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods), workers' compensation insurance, providing coverage as required by the California State Workers' Compensation Law. b. If any class of employees employed by the Service Provider pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Service Provider shall provide adequate insurance for the protection of such employees to the satisfaction of the District.

Section 17. RESERVED
Section 18. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation policy, shall be endorsed to name the District, the City of Victorville and their officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the District Legal Counsel, as Additional Insureds.

Section 19. WAIVER OF SUBROGATION RIGHTS
Service Provider shall require the carriers of all required insurance policies to waive all rights of subrogation against the District, the City of Victorville and their officers, employees, servants, volunteers, agents, and independent contractors and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.

Section 20. PROOF OF INSURANCE COVERAGE;

REQUIRED ENDORSEMENTS
a. Service Provider shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Agreement and furnish to the District Secretary certificates of insurance evidencing the required coverage, and policy endorsements at least two (2) weeks prior to the commencement of any services to be performed under this Agreement. b. The policies and certificates of insurance shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the District shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
c. Each policy and certificate of insurance shall be endorsed to provide that the policy shall not be terminated or expire without first providing thirty (30) days written notice to the District of such termination or expiration.
d. Each policy and certificate of insurance shall be endorsed to provide that the policy will be maintained throughout the Initial Term, and (if applicable during any Option Periods) of this Agreement.
6 General Services Provider Standard Agreement / Petroleum Telcom, Inc./ Project JRC26-103 e. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this contract, the Service Provider’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the District, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the District, its officers, officials, employees, or volunteers shall be excess of the Service Provider’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.” Section 21. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the District shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the District shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.

Section 22. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.

Section 23. INDEMNIFICATION
a. Service Provider shall defend, indemnify, and hold harmless the District, its officers, employees, representatives, and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys fees, for any personal injuries, deaths, or property damage (including property owned by the District), which may arise out of Service Provider's negligence or willful misconduct in the performance of the services described in this Agreement, unless such losses or damages are proven to be caused by the District's own negligence or willful misconduct, or that of its officers or employees.
b. The District does not and shall not waive any rights that it may have against Service Provider under this Section, because of the acceptance by the District, or the deposit with the District, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.

Section 24. REPORTS
Upon request by Doug Mathews, Director of Public Works and Water, or his designee, Service Provider shall prepare and submit reports to the District concerning Service Provider's performance of the services required by this Agreement. 7 General Services Provider Standard Agreement / Petroleum Telcom, Inc./ Project JRC26-103 Section 25. RECORDS
a. Service Provider shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Doug Mathews, Director of Public Works and Water, or his designee, to evaluate the cost and the performance of such services. b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
c. Doug Mathews, Director of Public Works and Water, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. d. Records and supporting documents pertaining to the use of funds paid to Service Provider hereunder shall be retained by Service Provider and made available to Doug Mathews, Director of Public Works and Water, or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.

Section 26. RESERVED
Section 27. CONFIDENTIALITY
a. Any and all documents and information obtained from the District or prepared by Service Provider for the District shall be kept strictly confidential unless otherwise provided by applicable law. All District data, documents and information shall be returned to District upon termination of the Agreement.
b. Any drawings, specifications, reports, records, documents, or other materials prepared by Service Provider in the performance of services under this Agreement shall not be released publicly without the prior written approval of Doug Mathews, Director of Public Works and Water, or his designee, or as required by applicable law. c. Service Provider shall not disclose to any other entity or person any information regarding the activities of the District, except with the prior written approval of Doug Mathews, Director of Public Works and Water, or his designee, or as required by applicable law.

Section 28. PRINCIPAL REPRESENTATIVES
a. Dale Hines, Project Engineer, is designated as the principal representative of Service Provider for purposes of communicating with the District on any matter associated with the performance of the services set forth in this Agreement. b. Doug Mathews, Director of Public Works and Water, or his designee, shall be the principal representative(s) of the District for purposes of communicating with Service Provider on any matter associated with the performance of the services set forth in this Agreement. c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.

Section 29. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both Parties.
8 General Services Provider Standard Agreement / Petroleum Telcom, Inc./ Project JRC26-103 Section 30. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the District and Service Provider with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement. c. No agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.

Section 31. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.

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

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

Section 32. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:

To the District: Doug Mathews,
Director of Public Works and Water
Victorville Water District
14343 Civic Drive
Victorville, CA 92392
To Provider: Dale Hines,
Project Engineer
Petroleum Telcom, Inc.
411 N. Lombard Street, Unit D
Oxnard, CA 93030-5173
9 General Services Provider Standard Agreement / Petroleum Telcom, Inc./ Project JRC26-103 b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 33. NON-LIABILITY OF DISTRICT OFFICERS

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

Section 34. REVIEW BY ATTORNEYS
Each Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.

Section 35. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.

Section 36. ASSIGNMENT
This Agreement shall not be assigned by either Party without prior written consent of the other Party.

Section 37. CARE OF WORK
The performance of services by Service Provider or the payment of money by the District shall not relieve Service Provider from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the District, when such incomplete, inaccurate or defective work is due to the negligence of Service Provider.

Section 38. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Section 39. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this 10 General Services Provider Standard Agreement / Petroleum Telcom, Inc./ Project JRC26-103 Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.

Section 40. GENDER
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.

Section 41. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.

Section 42. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 43. DEFAULT
a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder.
b. The Party claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein.
c. Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.

Section 44. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
11 General Services Provider Standard Agreement / Petroleum Telcom, Inc./ Project JRC26-103 Section 45. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.

Section 46. ATTORNEYS’ FEES
In the event any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement, or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.

Section 47. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the District, until signed by the authorized representative(s) of Service Provider, approved by the District Risk Manager, and executed by the authorized District personnel or Mayor.

Section 48. REPRESENTATIONS OF PARTIES AND

PERSONS EXECUTING AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.

Section 49. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement. (END OF THIS PAGE)
12 General Services Provider Standard Agreement / Petroleum Telcom, Inc./ Project JRC26-103 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.

VICTORVILLE WATER DISTRICT PETROLEUM TELCOM, INC.

By: __________________________________ By:_____________________________ Elizabeth Becerra Dale Hines,
District Chairman Project Engineer,

Dated: Dated:___________________________
ATTEST
By: __________________________________
Jennifer Thompson
District Secretary

Dated:

APPROVED AS TO STANDARD FORM:

By: __________________________________
Andre de Bortnowsky,
District Legal Counsel

Dated:_________________
By: __________________________________
Sandra Bostick,
District Risk Manager
Dated:________________________________
13 General Services Provider Standard Agreement / Petroleum Telcom, Inc./ Project JRC26-103

EXHIBIT A

SCOPE OF SERVICES/ COST PROPOSAL
See Attachment
MICROWAVE – RADIO – TELEPHONE SYSTEMS
SALES – SERVICE - LEASE
January 21, 2026
Marc Betts
SCADA Coordinator
City of Victorville
Re: Quotation – Aviat Microwave Radios and Accessories
Dear Mr. Betts:

Petroleum Telcom, Inc., dba Telcom, Inc. is pleased to provide the following quotation for the above-referenced project:

As requested, this quotation includes the provision of Aviat WTM4000 series microwave radios as well as various other accessories. Specifically, the following has been included:
 Forty-Seven links of Aviat WTM4000 series microwave, including antennas, license keys and other accessories as noted in this quotation
o Two 11-GHz links
o Twenty-Six 18-GHz links
o Nineteen 80-GHz links
 Each WTM radio includes the following physical ports, all of which are active o Direct DC input
 Includes DC connector
o One GE / PoE (Copper)
o One GE (Copper)
o Two 1/10 GE SFP Ports
 Each 11/18-GHz link includes the following:
o Antennas (See path calculations or color-coded attachment for antenna sizes) o Base License (CLI, GUI, IPv4 or IPv6, VLANS, 10mbps capacity) o CE1 License (QoS, QinQ, Routed NMS, Traffic Scheduling, Spanning Tree)  Licensed links that are part of the ring include the CE2 license for ERPS o Adaptive Modulation License up to 4096QAM
o Radio Throughput License = 1,000mbps
 Actual link capacity is dependent upon channel size and modulation o 256-bit Payload Encryption
 Each 80-Ghz link includes the following:
o Antennas (See path calculations or color-coded attachment for antenna sizes) o Base License (CLI, GUI, IPv4 or IPv6, VLANS, 10mbps capacity) o CE1 License (QoS, QinQ, Routed NMS, Traffic Scheduling, Spanning Tree)  80-GHz links that are part of the ring include the CE2 license for ERPS o Adaptive Modulation License up to 1024QAM
o Radio Throughput License = 10.0gbps
 Actual link capacity is dependent upon channel size and modulation o 256-bit Payload Encryption
o SFP+ Optical 10Gbit, 1310 SMF LC
411 N. Lombard Street Unit D ● Oxnard, California 93030-5173 ● (805) 981-8008 ● FAX (805) 981-8011 EXHIBIT A - SCOPE OF SERVICES/ COST PROPOSAL 14| General Services Provider Standard Agreement/ Petroleum Telcom, Inc./ Project JRC26-103  Aviats standard 24-month warranty has been increased by 12-months for a total of 36-months of standard 8x5 warranty
 ProVision software has been included and supports up to 100 nodes (radios)  FCC frequency coordination and licensing has been included for all links  Spare radios have been included
o See color-coded spreadsheet for spares breakdown
 One-hundred standalone SFP’s have been included (Single-mode, 1310nm with extended temperature range)
 Forty standalone power-over-ethernet injectors have been included  Aviat virtual training for two days and up to ten students  A bench / lab test kit that includes:
o Equipment required to connect one link of each frequency band back-to-back for bench testing / initial configuration
 Hardware to adapt WTM RF interface to standard waveguide interface  Waveguide to Type-N transitions
 Type-N to Type-N coax test leads
 Attenuator to reduce RF signal to avoid receiver overload during testing Pricing for this project is as follows:

ITEM DESCRIPTION EXTENDED
1 Aviat WTM4100 Equipment & Antennas (11- / 18-GHz paths) $ 270,523.20 2 Aviat WTM4800 Equipment & Antennas (80-GHz paths) $ 171,132.00 3 Aviat One-Time Management Discount on WTM Radios $ (40,500.00) 4 Aviat Extended Warranty (Total of 3-Years) (No Tax) $ 20,529.60 5 Aviat ProVision NMS Software $ 29,276.40
6 Aviat SFP, 1310, Extended Range $ 4,920.00
7 Aviat PoE Injectors $ 12,768.00
8 Aviat Virtual Training, 2-Days, 10-Students (No Tax) $ 9,966.00 9 Aviat Recommended Spares $ 61,430.40
10 Bench/Lab Test Kit $ 9,958.00
11 FCC Frequency Coordination & Licensing (No Tax) $ 16,860.00 Sales Tax 45,456.95 $
Estimated Shipping $ 6,000.00
Project Total $ 618,320.55
Quotation validity:
- Above pricing in this quotation is valid for 60-days
If you have any questions regarding this proposal, or any other services that Telcom can provide, please do not hesitate to contact me at 805-981-8008.

Sincerely,
Dale Hines
Dale Hines
Project Engineer
EXHIBIT A - SCOPE OF SERVICES/ COST PROPOSAL 15| General Services Provider Standard Agreement/ Petroleum Telcom, Inc./ Project JRC26-103 Attachment B
Microwave Radio Network
Cost Summary

Attachment C
Aviat Sole Authorized
Reseller Letter
Aviat Networks
200 Parker Drive, Suite C100A
Auston, TX 78728

1 August 27, 2025
Via Email
Marc Betts
City of Victorville
10028 6th Street
Victorville, CA 92392
Re: City of Victorville -- Aviat Networks Proposal
Requested Statement from Aviat Networks
Dear Mr. Betts:

As requested, information concerning Aviat Networks’ WTM4000 digital microwave radios equipment is as follows:

1. The WTM4000 (11, 18 and 80 GHz) Microwave Radios offered to the City of Victorville employs hardware and software technology that are proprietary to Aviat Networks and are not available through any other vendor.

2. Aviat Networks does not have agreements with, license, or allow resale of this proprietary technology to or through other American vendors.

3. Petroleum Telcom, Inc dba Telcom, Inc. will be the sole authorized reseller of the Aviat WMT4000 radios for the City of Victorville, CA.

Please do not hesitate to contact me with any questions.

Sincerely,
S Jayne Leighton
Senior Director of Sales
Sales and Services – North America
Cc: Homer Decano, Aviat Networks
Joveth Manese, Aviat Networks
Item Number: 19
City Council / Board of Directors
Written Communications
Meeting of: April 7, 2026
Submitted By:

Doug Mathews, Director of Public Works and Water

Subject:

Amendment No. 1 to the Consultant/Professional Services Provider Agreement with Utilis, Inc. DBA Asterra for Leak Detection Analysis
Recommendation:

That the Honorable Victorville Water District Board of Directors (Board) approve Amendment No. 1 to the Consultant/Professional Services Provider Agreement with Utilis, Inc. DBA Asterra, Project ESC25-070.

Fiscal Impact:

Acting in accordance with the staff recommendation will result in a fiscal impact of $172,615. No additional appropriation is required. Funds have been budgeted in the following account codes as part of the FY25/26 annual budget:

Account Description Account Code Amount
Water Efficiency Leak
Detection Software
4100525 – 52300 – 74652 $84,000
Field Services Leak
Detection Software
4100535 – 52300 – 74652 $84,000
TOTAL $168,000
The contract costs are shared between the Field Services and Water Efficiency divisions as both utilize the leak detection software for their operations. A total of $168,000 has been allocated for Fiscal Year 2025–2026, which will cover expenses through the end of the current fiscal year. Beginning July 1, 2026, an additional $174,000 will be available upon approval of the new budget.

Strategic Plan Goal:

This item aligns with Goal E: Invest in Infrastructure. By investing in a Leak Detection Analysis Service, the District can proactively identify and address leaks within the water distribution system. Early detection helps reduce water loss, prevent costly repairs, and support more efficient system maintenance. This investment helps ensure reliable water service and supports the District’s commitment to providing a healthy and livable community for all residents.

Background:

On January 21, 2025, the Board approved a Consultant/Professional Services Provider Standard Agreement with Utilis, Inc., doing business as Asterra, to perform leak detection analysis in an amount not to exceed $166,615. At that time, the Board also determined that the services provided by the company were proprietary in nature, thereby meeting the requirements for a sole source vendor in accordance with VMC 2.28.100(b)(2).

As part of its ongoing water loss management efforts, the District is required by the State of California, through the State Water Resources Control Board (SWRCB), to annually submit a validated water loss audit in accordance with American Water Works Association (AWWA) standards, as established under California Water Code Section 10608.34. This audit provides a comprehensive assessment of water losses within the distribution system, including losses resulting from leaks, main breaks, and metering inaccuracies.

By systematically quantifying and analyzing these losses, the audit serves as a critical tool for identifying inefficiencies, prioritizing infrastructure repair and replacement, and improving overall system performance. Compliance with this requirement ensures alignment with state mandates while supporting broader water conservation and sustainability objectives.

In response to increasing state-mandated water conservation requirements and the ongoing challenges associated with aging infrastructure, the District identified the need for more advanced and data-driven tools to effectively manage water loss. While proactive pipeline rehabilitation and targeted polyethylene (PE) service line replacement programs have significantly improved system reliability, these efforts alone are not sufficient to fully address non-surface and hard-to-detect leaks. Enhanced leak detection remains a critical component of the District’s overall strategy to reduce water loss, improve operational efficiency, and meet regulatory performance standards.

To complement these efforts, the District utilized the services of Asterra, a satellite-based leak detection provider operated by Utilis, Inc., during the prior year. These services combined advanced satellite radar imaging and proprietary algorithms with approximately 40 days of on-the-ground acoustic leak detection to validate and refine identified results.

Through biannual surveys of the District’s approximately 700-mile water distribution system, Asterra identified up to 125 Points of Interest (POIs) where leaks were likely to be present. These POIs were subsequently integrated into the District’s Geographic Information System (GIS), enabling clear visualization and prioritization of leak-prone areas.

The 2025 satellite-based leak detection effort for the Victorville service area included two flyovers covering the full system, followed by 40 days of field inspections conducted in May and August. During this effort, 141 leaks were confirmed across 51 miles of pipeline, yielding a performance rate of 3.5 leaks per day and 2.8 leaks per mile inspected. Of these, 48 leaks were identified on the utility side of the meter and directly contributed to non-revenue water loss, while 93 occurred on the customer side, including 9 that also contributed to system losses.

Overall, the program identified approximately 561 acre-feet (183 million gallons) of real water loss per year, equivalent to the annual water use of more than 1,600 households, with an estimated water loss rate of 500,688 gallons per day and a total yearly estimated value of $102,341. These results underscore the effectiveness of Asterra technology in supporting water conservation goals and advancing statewide efficiency and drought resilience objectives. The table below provides a summary of the estimated real water losses identified through this effort.

AWWA REAL WATER LOSS IDENTIFIED BY LEAK TYPE
Leak Type Number Flow Rate (GPM) Total Flow (GPM)
Main Pipe 11 17.6 194
Service Connection 14 9 125.7
Hydrant 12 1 12
Valve 1 2 2
Service Meter 10 1 10
Service Pipe 2 2 4
Other 7 N/A N/A
Total 57 347.7
This data-driven and field-verified approach allowed staff to strategically deploy resources to investigate high-probability leak locations, resulting in more efficient use of staff time and funding, improved leak detection and repair response times, and enhanced overall water loss management performance.

Discussion:

During the renewal process, a revised cost proposal was submitted to the District, reflecting an increase of $6,000 to the contract amount. The updated proposal totals $172,615 and includes two (2) satellite scans and analyses, 320 hours of subcontracted acoustic leak detection for the initial field deployment, four (4) user subscriptions for a one-year period, and preparation of a final program report summarizing the project results. This Amendment is also exercising Option 1 of 4, extending the term through January 23, 2027.

Water loss from pipelines and service lines contributes to non-revenue water, which directly impacts operational efficiency and creates a financial burden for the District and its ratepayers. Asterra supports the District’s efforts to reduce water loss by improving leak detection and accelerating repair timelines, helping to ensure compliance with statemandated efficiency standards. In addition to identifying leaks within the District’s distribution system, the technology has also identified potential leaks on customer-side service lines. Early identification of these leaks allows customers to take timely corrective action, reducing unnecessary water consumption and avoiding prolonged, undetected increases in water bills.

By reducing system-wide losses, these services help mitigate avoidable production, treatment, and pumping costs associated with non-revenue water. Separately, identification of customer-side leaks provides a direct customer benefit by limiting excessive billed consumption and promoting responsible water use. Together, these outcomes support the District’s obligation under Proposition 218 to operate efficiently and align with AWWA best practices for water loss control. Continued utilization of these services strengthens the District’s ability to meet regulatory performance standards, improve operational efficiency, and provide measurable value to customers while promoting long-term water resource sustainability.

Therefore, staff recommends that the Board approve Amendment No. 1 (Attachment A) to the Consultant/Professional Services Provider Agreement with Utilis, Inc., operating as Asterra, increasing the total compensation by $6,000 for a revised not to exceed amount of $172,615, and exercising option 1 of 4, extending the term through January 23, 2027.

Staff is available for any questions the Board may have.

Prepared By:

Alejandra Garcia, Management Technician
Attachments: A. Amendment No. 1
Attachment A
Amendment No. 1
Consultant/Professional Services Provider Agreement/UTILIS, INC. DBA ASTERRA/PROJECT ESC25-070/ AMENDMENT NO. 1

Page 1 of 17 ends

AMENDMENT NUMBER: ONE
TO

CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT

BY AND BETWEEN

VICTORVILLE WATER DISTRICT
AND
UTILIS, INC. DBA ASTERRA
FOR
LEAK DETECTION ANALYSIS, PROJECT ESC25-070
THIS AMENDMENT (the “Amendment”) is made and entered in to this ____ day of _______ 2026, by and between the Victorville Water District, a County Water District and subsidiary district of the City of Victorville, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California (hereinafter referred to as “District”), and Utilis, Inc. DBA Asterra, hereinafter referred to as “Consultant.” The District and the Consultant are sometimes hereinafter referred to as a “Party” or and collectively referred to as the “Parties”.

Recitals

1. WHEREAS, the District has a Consultant/Professional Services Provider Agreement (hereinafter referred to as “Original Agreement”) with the Consultant to provide Leak Detection Analysis, Project ESC25-070; and

2. WHEREAS, it is the desire of the Parties to issue Amendment One to the Original Agreement to amend Section 3., Compensation to revise the total annual not to exceed sum from $166,615.00 to $172,615.00; Section 4., Fee Schedule is amended to include additional services as set forth in the Consultant’s Proposal, dated January 13, 2026; and Section 6., Term of the Agreement is amended to exercise Option 1 of 4, additional oneyear periods, amending the term to commence January 23, 2026 and expire January 23, 2027; and

3. NOW THEREFORE, in consideration of the covenants, conditions, and promises contained herein and for such other good and valuable consideration, receipt of which is hereby acknowledged, the Parties are willing to amend the Original Agreement as stated below.

Contract Amendment
Section 3. – COMPENSATION – is amended as follows:
“The District shall pay to Consultant a sum not to exceed One Hundred Seventy Two Thousand Six Hundred Fifteen and 00/100 Dollars ($172,615.00) for faithful Consultant/Professional Services Provider Agreement/UTILIS, INC. DBA ASTERRA/PROJECT ESC25-070/ AMENDMENT NO. 1

Page 2 of 17 ends

performance of the services to be rendered under this Agreement, subject to the Fee Schedule provisions of Section 4, below.”
Section 4. – FEE SCHEDULE – is amended as follows:
“The District shall pay Consultant for those additional services set forth in Consultant’s Proposal dated January 13, 2026, attached hereto as Exhibit A and hereby incorporated as part of this agreement by this reference.” Section 6. – TERM OF AGREEMENT - is amended as follows:
“The District hereby amends the Term of Agreement to commence on January 23, 2026 (the “Commencement Date”) and expire on January 23, 2027 (the “Termination Date”).”
Except as amended herein, the terms and conditions of the Original Agreement and all previous amendments remain in full force and effect.
(SIGNATURES ON NEXT PAGE)
Consultant/Professional Services Provider Agreement/UTILIS, INC. DBA ASTERRA/PROJECT ESC25-070/ AMENDMENT NO. 1

Page 3 of 17 ends

IN WITNESS WHEREOF, the parties hereto have caused the Amendment to the Original Agreement to be entered as of the dates written below.

PARTY OF THE FIRST PART PARTY OF THE SECOND PART
VICTORVILLE WATER DISTRICT UTILIS, INC. DBA ASTERRA
By:___________________________ By:________________________________ Elizabeth Becerra, Gadi Kovarsky,
District Chairman General Manager,
Water Division
Dated:______________________________ Dated:______________________________ ATTEST
By:________________________________
Jennifer Thompson,
District Secretary
Dated:______________________________

APPROVED AS TO STANDARD FORM
By:

Andre de Bortnowsky,
District Legal Counsel
Dated:

By:

Sandra Bostick,
District Risk Manager
Dated:
4180 La Jolla Village Dr., #530 San Diego, CA 92037 858.521.9442 US asterra.io Intelligence to Act
A proposal for the
City of Victorville, CA
13 January 2026
Proposal & Scope of Work
Prepared by Andy Puentes, Technical Account Manager

EXHIBIT A
AMENDMENT ONE, PROJECT ESC25-070
4/ Consultant/Professional Services Provider Agreement/UTILIS, INC. DBA ASTERRA/PROJECT ESC25-070/ AMENDMENT NO. 1 2 ASTERRA
ASTERRA uses patent-protected technology for infrastructure condition assessment, pipe replacement modeling, and leak detection in urban and rural, water or sewage networks, using L-band synthetic aperture radar (SAR) mounted on a satellite. The technology is based on a proprietary algorithm that detects soil moisture resulting from treated water or wastewater leaks, through the analysis of SAR data. This is of considerable value to industry, governments, and citizens. Because the observation point is orbiting 390 miles above the Earth, this allows for simultaneous monitoring of pipes within a large network.

ASTERRA’s Martian Roots
ASTERRA’s core technology is based on the search for underground water on Mars and other planets. Lauren Guy, a geophysicist, and entrepreneur who developed the approach, quickly recognized the application could be even more effective here on Earth. The water was closer, the need more immediate, and the technology had the potential to solve a number of critical problems. Mr. Guy founded Utilis (now known as ASTERRA) in 2013 to develop applications for the new technology. In 2016, leak detection in underground water systems became the first commercially used application. This solution is now called Recover.

A Revolutionary Change
From an orbiting satellite, our algorithm which is fine-tuned to detect treated drinking water and wastewater, reveals underground leaks as small as 0.2 gallons per minute. Now, managers of underground water infrastructure can see the water leaking from their systems. Even in the largest cities, it could be seen all at once, with unheard-of speed and efficiency. ASTERRA continues to refine the technology and expand its applications beyond leak detection, adding pipeline monitoring and deficiency analysis to its growing capabilities.

Impact
ASTERRA actively contributes to the United Nations Sustainable Development Goals, particularly focusing on Goal numbers 6 (Clean Water and Sanitation), 9 (Industry, Innovation, and Infrastructure), 11 (Sustainable Cities and Communities), and 13 (Climate Action). By leveraging our expertise in satellite-based infrastructure intelligence, we empower organizations to make data-driven decisions and build a resilient and sustainable future.

We are dedicated to creating lasting positive change and supporting the achievement of the SDGs globally.

EXHIBIT A
AMENDMENT ONE, PROJECT ESC25-070
5/ Consultant/Professional Services Provider Agreement/UTILIS, INC. DBA ASTERRA/PROJECT ESC25-070/ AMENDMENT NO. 1 3 Advantages of Ongoing Monitoring
Today, utilities typically survey their system blindly and reactively. This approach yields minimal results which leads many utilities to deprioritize proactive leak detection. Usually, utilities are forced to use limited resources for work orders to find, dig and repair leaks. In most cases, this results in falling further behind the curve and increased pipe breakages. Rather than leak detectors surveying the entire system blindly, Recover guides leak detectors to likely leak locations which ASTERRA has highlighted through their analysis. Now, leak detectors only need to walk 5-10% of the system where water is already leaking.ASTERRA’s technology can detect active leaks in your system with a single scan, providing a snapshot at that moment in time. However, a single scan may not capture all active leaks. To ensure comprehensive detection, additional scans offer ongoing monitoring, allowing for the identification of more leaks over time. Since leaks can develop and expand, ongoing monitoring ensures that even areas previously inspected will be reassessed and any new or growing leaks will be detected.

Client Benefits & Impact
ASTERRA provides a comprehensive, accurate, and non-invasive remote sensing solution for locating leaks and monitoring any potable water and wastewater system in the world. This works over any type of terrain – flat or hilly; sparsely populated or densely populated high-rises. This is done by extracting information from SAR scans taken high above the ground and converting them into locations of underground potable water or wastewater leaks. Reducing NRW additionally has a positive effect on the environment. By reducing non-revenue water loss, the amount of processing decreases, resulting in a reduction of power use and the associated environmental effects. Locating and fixing wastewater leaks in sewer systems also helps the environment by preventing pollution.

Satellite Radar – Scan Acquisition
Raw scans of the area taken by radar over
Radiometric Corrections
ASTERRA takes the raw scan and prepares
Algorithmic Analysis
ASTERRA’s unique and patented algorithm
Availability to Client
via the EO Discover platform to the client on an ongoing basis, with frequency depending on the

EXHIBIT A
AMENDMENT ONE, PROJECT ESC25-070
6/ Consultant/Professional Services Provider Agreement/UTILIS, INC. DBA ASTERRA/PROJECT ESC25-070/ AMENDMENT NO. 1 4 ASTERRA’s Solutions
ASTERRA’s solutions include Recover and MasterPlan for potable water and wastewater. All are made available on ASTERRA’s EO Discover platform. Recover and MasterPlan are ASTERRA’s commercial services offered in this proposal. The output from the proprietary algorithm is provided through the analysis of the SAR data combined with other processing techniques owned by Utilis (dba ASTERRA).

Recover for Leak Detection
Recover is a satellite-based solution for monitoring and detecting leaks in drinking and wastewater systems. It enhances operational efficiency and budget optimization by providing infrastructure intelligence for proactive pipe repair and planning.

With Recover, entire city-wide systems can be monitored efficiently.

This advanced technology quickly locates non-surfacing leaks, allowing leak detection crews to focus on targeted repairs instead of unnecessary digging. Compared to traditional methods, Recover identifies more leaks and increases field crew efficiency by up to 400%. It offers the water industry the lowest cost per leak found, averaging 3.5 leaks per crew day compared to 1.3 with traditional acoustic methods. By reducing non-revenue water loss, which amounts to 17 billion gallons annually worldwide, Recover brings significant benefits to companies in the industry.

Furthermore, Recover assists the wastewater sector by mitigating the risks of fines, consent decrees, legal consequences, and reputational damage.

Main benefits of Recover:
• Non-invasive technology: Deployment of sensors or hardware on the ground is not necessary. • ASTERRA technology is effective irrespective of soil type, pipe material, and pipe diameter. • Covers large areas at once. Surveys an entire system in urban and rural areas, while also providing location intelligence at a fine resolution. Identifies potential leaks in areas that traditional acoustic leak detection programs may not typically survey.
• Find more leaks in a shorter period: Increases the efficiency of traditional acoustic leak detection programs by prioritizing work locations and offering quicker response times. • Screening technology that can be used directly or indirectly for condition assessment, asset budget planning and work on structural changes prioritizing network riskier zones. • Identifies background (i.e., non-surfacing) leaks that might otherwise go undetected for long periods of time. • Can fit into either CAPEX or OPEX budgets.
• Provides a positive impact on the environment (reduces water loss, electricity used, and CO2 produced).

EXHIBIT A
AMENDMENT ONE, PROJECT ESC25-070
7/ Consultant/Professional Services Provider Agreement/UTILIS, INC. DBA ASTERRA/PROJECT ESC25-070/ AMENDMENT NO. 1 5 Recover Insights
At the start of the client’s subscription period, each client is provided access to the EO Discover platform. EO Discover’s interactive workspace enables clients to customize data views for optimal decision-making. The platform also offers flexibility by ensuring compatibility with other asset management system, allowing clients to download and upload files into other platforms. Each client is also provided access to the U-Collect field investigation application. The platform can be accessed 24/7 during the subscription period to view ASTERRA’s analysis and results of field investigations and to track success metrics.

Recover includes:

Results through Map Visualization: A GIS layer containing highlighted pipe segments within the network, provided in SHP and KML format for import into any GIS system (client-based, ESRI, or ASTERRA-provided UCollect) that can be overlaid on a map displaying streets, pipes, hydrants, valves, and potential leak information.

EO Discover: Access to the EO Discover password-protected platform displaying data and field results, along with monitoring the progress of the service progress in real-time.

Enhanced Recover Analysis: Through multiple scans we can identify leak clusters through a temporal and spatial analysis which will aid in maintenance prioritization and asset management plans.

MasterPlan for Pipe Deficiency Assessment
Providing unique insights not available from anyone but ASTERRA, MasterPlan is an actual (not predictive) measurement of non-surfacing pipe leaks. It is pipe agnostic and collected non-invasively by a satellite with wide coverage, often scanning a full system instantaneously. MasterPlan provides actionable insights into your asset management plan in one easy data layer. Trained on five years of leaks discovered using Recover, the algorithm assesses the deficiency of an entire pipe system using multiple SAR scans over time.

EXHIBIT A
AMENDMENT ONE, PROJECT ESC25-070
8/ Consultant/Professional Services Provider Agreement/UTILIS, INC. DBA ASTERRA/PROJECT ESC25-070/ AMENDMENT NO. 1 6 ASTERRA MasterPlan provides a GIS dataset containing pipe deficiency levels derived from SAR data. This solution is based on the same proven patented algorithm that is used by Recover to detect leaks in your system but is extended to monitor your system over time using statistical analysis. The general process takes all likely leak locations identified in two
consecutive satellite scans (identical coverage and
angle) over your area of interest and analyzes the
results. It then compares the results from multiple
scans and identifies the areas with potential leaky
pipes between them.

These results are processed through a learned statistical algorithm and used to assign pipes a score from low to
high, signifying the level of deficiency observed.

With ASTERRA Masterplan, we can identify critical areas where the client can focus its future pipeline rehab and replacement efforts. These high deficiency areas can be used for asset management planning purposes, e.g.,
capital improvement replacement planning.

MasterPlan Insights
MasterPlan provides utilities and engineers with insights into actual pipe conditions. This GIS data layer is compatible and easily integrates into all GIS and GIS-based software. Combine this data with other information, such as pipe age, material, work orders, and consequence of failure to further enhance your replacement planning models or water system master plans.

MasterPlan (Pipe Deficiency Output): A GIS layer containing client pipe segments that are ranked based on condition. Provided in SHP and KML format for import into a GIS or risk modeling system (Client map displaying streets, pipes, hydrants, valves, and potential leak information).

EO Discover: Login credentials to the EO Discover password-protected platform for viewing the pipe data via GIS and for monitoring pipe deficiency levels.

MasterPlan Pipe Deficiency Assessment: A summary assessment detailing the condition of the client’s pipes based on the GIS data output of pipe scores from low to high deficiency.

EXHIBIT A
AMENDMENT ONE, PROJECT ESC25-070
9/ Consultant/Professional Services Provider Agreement/UTILIS, INC. DBA ASTERRA/PROJECT ESC25-070/ AMENDMENT NO. 1 7 Typical Process and Timeline
• After confirmation of the order through t h e contract signature or receipt of a purchase order, ASTERRA will acquire the satellite scan(s). ASTERRA must have the order confirmation at least 21 days prior to the first date of satellite coverage to move forward with the satellite data procurement. The date of the acquisition is subject to the technical and operational constraints of the third-party satellite operation company and may change at any time.
• Before the acquisition, the client will provide ASTERRA with an Area of Interest (AOI). Unless agreed otherwise by the parties, the AOI is a designated geographical area to be surveyed using satellite within the client-provided service area.
• During the period prior to the scan acquisition, the client will provide ASTERRA with a GIS layer of all available treated water or sewage lines in the AOI to be analyzed. If available, the client will also provide a hydrant and valve layer within the AOI.
• Unless otherwise agreed upon by both the parties, ASTERRA will provide services only in the AOI overlapping with the client’s provided GIS pipe system layer. • After acquiring the scan and receiving the GIS pipe layers from the client, data will begin to populate on the EO Discover platform. This is approximately 7-14 business days after the first scheduled scan acquisition date. Scan acquisition dates may be changed by a third party (satellite operator) or due to technical constraints.

Service start dates may be affected due to poor scan quality according to ASTERRA’s quality assurance standards.
• Where applicable, leak field inspection work can begin after the leakage data has populated on EO Discover on an agreeable date between both parties.

EXHIBIT A
AMENDMENT ONE, PROJECT ESC25-070
10/ Consultant/Professional Services Provider Agreement/UTILIS, INC. DBA ASTERRA/PROJECT ESC25-070/ AMENDMENT NO. 1 8 Revolutionizing Water Loss Management
EO Discover is a user-friendly SaaS platform that empowers decision-makers, operators, and field teams with advanced insights to locate underground potable water. Acting as a centralized intelligence hub, EO Discover helps proactively prevent water loss and subterranean infrastructure damage caused by leaks.

By offering real-time visibility and data-driven analysis, the platform supports the achievement of KPIs, ESG goals, and contributions to the UN Sustainable Development Goals (SDGs). EO Discover delivers actionable insights, tracks savings, and helps optimize operations—driving smarter, more sustainable water management across your organization.

Main Benefits of EO Discover
• View all key insights, service data and savings in one intuitive platform • Access detailed information on potential leaks, including locations, actionable insights and estimated savings once leaks are verified
• Evaluate ongoing services with full performance breakdowns • Track return on investment, operational performance and environmental impact with precision • Designed for seamless use across decision-makers, operators and field teams • Fully compatible with U-Collect mobile application for on-the-go data collection and syncing.

EXHIBIT A
AMENDMENT ONE, PROJECT ESC25-070
11/ Consultant/Professional Services Provider Agreement/UTILIS, INC. DBA ASTERRA/PROJECT ESC25-070/ AMENDMENT NO. 1 9 PROPOSAL
Scope of Work
The scope of work contained herein details the work and services ASTERRA will provide as well as the roles and responsibilities of both ASTERRA and the City of Victorville, CA (“Client”).

Roles, Responsibilities, and Offerings – ASTERRA
ASTERRA will provide Recover data as a service via EO Discover and it will consist of areas identified as potential leaks (i.e., areas containing soil moisture of treated water and/or wastewater underground) using a proprietary satellite imaging algorithm across the Client’s water system. ASTERRA will provide a primary contact person for technical and administrative purposes who will interact with the Client.

ASTERRA’s Responsibilities (“Services”):
• Acquiring and analyzing the satellite scan(s).
• Providing potential leak location data as a service through our password-protected platform, EO Discover.

This data can be exported as GIS data files.
• Providing best practices for field inspection protocols to the Client.

ASTERRA’s Solution for Potable Water:
• Results through Map Visualization: A GIS layer containing the likely leak locations, in the form of highlighted pipe segments, provided in GIS data files formatted for import into any GIS system. • EO Discover: Provides access to monitor and track the progress of the service in real time and calculates ROI and impact metrics for ongoing KPI tracking. The license is for the period of service purchased. • U-Collect Licenses: Provided for U-Collect (allows field technician to collect data in the field). The license is active upon delivery for the period of service. Additional licenses may be purchased and/or the initial license extended at the request of the client.

Scope of Work

EXHIBIT A
AMENDMENT ONE, PROJECT ESC25-070
12/ Consultant/Professional Services Provider Agreement/UTILIS, INC. DBA ASTERRA/PROJECT ESC25-070/ AMENDMENT NO. 1 10 • Kick-off Meeting: Prior to fieldwork, an ASTERRA or ASTERRA-certified team (regardless of if it the client’s team or a contractor), will call a kick-off meeting to agree on the operational field plan to address the Client’s specific needs and the best practices required to get the best results. • Initial Field Deployment: ASTERRA will provide a certified subcontracted acoustic leak detection technician to investigate the points of interest, provide a list of verified leaks, and mark them for repair over a five (5) day/ 40-hour period. The leak detection field verification technician(s) is proficient and experienced in using and operating acoustic equipment. The technician(s) should be provided with all the needed tools to access the listening points. Throughout the five (5) day/40-hour field implementation period, it is estimated that the technician(s) will investigate between 20 and 30 likely leak locations. • Optional: Acoustic Leak Detection for Field Investigation (for Potable Water Pipelines Only): Based upon selecting this option, ASTERRA will provide a certified subcontracted acoustic leak detection team to investigate the points of interest, provide a list of verified leaks, and mark them for repair. The leak detection field verification team(s) is proficient and experienced in using and operating acoustic equipment. The team should be provided with all the needed tools to access the listening points. • Optional: ASTERRA MasterPlan Pipe Deficiency Map, provided as a GIS data set, if purchased within the Recover tier available or as an additional service option. • Optional: ESRI Arc GIS Field Maps Integration – data provided in your ESRI ArcGIS online accounts for easy use in ArcGIS Field Maps. (Additional cost may apply if it is not included in the Recover service tier already).

ASTERRA’s Solution for Wastewater
• Results through Map Visualization: A GIS layer containing the likely leak locations, in the form of highlighted pipe segments, provided in GIS data files formatted for import into any GIS system. • EO Discover: Provides access to monitor and track the progress of the service in real time and calculates ROI and impact metrics for ongoing KPI tracking. The license is for the period of service purchased. • Kick-off Meeting: ASTERRA or ASTERRA-certified team will call a virtual kick-off meeting to discuss the data delivered and demonstrate the usage of the platform.

EXHIBIT A
AMENDMENT ONE, PROJECT ESC25-070
13/ Consultant/Professional Services Provider Agreement/UTILIS, INC. DBA ASTERRA/PROJECT ESC25-070/ AMENDMENT NO. 1 11 Roles, Responsibilities, and Offering – Client
The Client is responsible for providing baseline system data, work order history, and in some cases, an acoustic field verification team to inspect likely leak locations identified by ASTERRA. The client shall identify a primary contact person for technical, administrative, and field inspection coordination. ASTERRA agrees to use the information described below only for the client’s specific service and to not share the information with any other third party.

Client Responsibilities
• Pipe System Information for Potable Water Lines: Prior to scan acquisition, the Client shall provide ASTERRA with a detailed and accurate GIS pipe system layer. If GIS is not available, roads will be used to guide the analysis. ASTERRA will use this layer to identify likely leak locations. The GIS layer should include pipe material and diameter, length of pipeline to be analyzed, hydrants, valves, and any other detailed information available.
• Pipe System Information for Wastewater Lines: Prior to scan acquisition, the Client shall provide ASTERRA with a detailed and accurate GIS pipe system layer. If GIS is not available, roads will be used to guide the analysis. ASTERRA will use this layer to identify likely leak locations. The GIS layer should include pipe material and diameter, forced and/or gravity lines, length of pipeline to be analyzed, manholes, depth, and any other detailed information available.
• Leak Detection History (Work Orders): The Client shall provide ASTERRA with a detailed and accurate history of leak findings and repairs beginning one (1) week before the date the first satellite scan is acquired and through the service life cycle.
• Leak Detection Performance Metrics for Potable Water Lines: The Client shall provide ASTERRA with relevant and available performance metric data related to previous Client-utilized leak detection methodologies.

This information will be used to calculate value metrics of the service and will be provided to the Client in the final report for their use.

EXHIBIT A
AMENDMENT ONE, PROJECT ESC25-070
14/ Consultant/Professional Services Provider Agreement/UTILIS, INC. DBA ASTERRA/PROJECT ESC25-070/ AMENDMENT NO. 1 12 Client Services for Potable Water
Areas of Interest (AOI)
During this service, ASTERRA will survey the Area of Interest (AOI) to be determined by the client, contained to 775 linear miles of mains and service pipes as outlined in the image below:

Once ASTERRA receives the full GIS pipe system information from the client, the pipe and total miles analyzed per delivery will be identified. Note: both main and service lines will be counted for total pipe length calculation.

Area of Interest

EXHIBIT A
AMENDMENT ONE, PROJECT ESC25-070
15/ Consultant/Professional Services Provider Agreement/UTILIS, INC. DBA ASTERRA/PROJECT ESC25-070/ AMENDMENT NO. 1 13 Subscription-Based Service Package
ASTERRA’s Recover solution and features are provided via a subscription to EO Discover through the Prevent package level of service. This service level contains specific features designed to meet clients’ current and future needs, with additional add-on services available.

Prevent
4 licenses: EO discover / U-collect App
Base line leak analysis
Leak Locations
Enhanced Recover Analysis
Initial Field Deployment
Always Included: Online support, customized success plan, best practices tutorials Service Package

EXHIBIT A
AMENDMENT ONE, PROJECT ESC25-070
16/ Consultant/Professional Services Provider Agreement/UTILIS, INC. DBA ASTERRA/PROJECT ESC25-070/ AMENDMENT NO. 1 14 Pricing
Area of interest (AOI) for analysis:

Potable Water lines: 775 miles

PREVENT
2 Satellite Scans and Analyses
320 hours of Subcontracted Acoustic Leak Detection for Initial Field Deployment 4 EO Discover and U-Collect Licenses for 12 Months
Final Program Report
Total $172,615
Proposal is valid until: March 31st 2026
Note: Once a package is selected, please contact ASTERRA sales team for terms of use and signature processing.

EXHIBIT A
AMENDMENT ONE, PROJECT ESC25-070
17/ Consultant/Professional Services Provider Agreement/UTILIS, INC. DBA ASTERRA/PROJECT ESC25-070/ AMENDMENT NO. 1 Item Number: 20
City Council / Board of Directors
Written Communications
Meeting of: April 7, 2026
Submitted By:

Fredy Bonilla, City Engineer

Subject:
2025 Rectangular Rapid Flashing Beacons Project - Award of Construction Contract Recommendation:

That the Honorable City Council award a construction contract to Gentry General Engineering, Inc., in the amount of $501,912.50 for the 2025 Rectangular Rapid Flashing Beacons Project, CC25-113.

Fiscal Impact:

This action will result in a fiscal impact of $551,912.50, which includes $50,000 for associated construction support and materials testing. An additional appropriation is not required. There are sufficient funds in the budget to cover the planned expenses. This Project will be funded by the State of California’s Highway Safety Improvement Program (HSIP) grant, Street Lighting – Fund 200, and Measure I – Fund 250.

This Capital Improvement Program (CIP) Project was originally included in the Fiscal Year (FY) 2023/2024 budget, which has been rolled over into the current FY 2025/2026 budget.

The budget account numbers, funds, and amounts available are shown below:

Account Number Fund Available Budget
2704500-55330-62071 Grant $71,295.05
2504500-55330-62071 Measure I $464,304.76
2004500-55330-62071 Street Lighting $27,590.00
Total $563,189.81
Strategic Plan Goal:

This project aligns with Goal E “Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026, as the proposed improvements will serve pedestrians by creating a safer crosswalk network near critical intersections. Pedestrians of various ages, especially school children and the physically disabled will benefit from the proposed safety improvements at the nine proposed crosswalk locations identified on the Location Map (Attachment A).

Background:

According to the Federal Highway Administration, Rectangular Rapid Flashing Beacons (RRFBs) strategically placed at certain intersections can achieve motorist yielding rates of up to 98 percent at marked crosswalks and reduce pedestrian-involved traffic accidents by up to 47 percent. RRFB units consist of two rectangular yellow light-emitting diode (LED) fixtures mounted on a pole beneath a pedestrian crossing warning sign. The beacons remain dark until a pedestrian activates them via push button, triggering an irregular flashing pattern designed to capture driver attention. RRFBs are typically installed at marked crosswalks near schools, parks, and pedestrian-friendly retail or lifestyle centers. The City of Victorville currently operates and maintains nine crosswalk locations equipped with RRFBs and seeks to expand that number.

In September 2022, the Engineering Department submitted an application to Caltrans for funding under the State of California's Highway Safety Improvement Program (HSIP), with the intent of funding the installation of nine additional RRFBs throughout the City. On March 9, 2023, Caltrans notified the City that the project, along with two others, had been selected for grant funding in the amount of $149,310. At the regular City Council meeting of May 2, 2023, staff presented all three projects for Council approval and recommended that California Environmental Quality Act (CEQA) Notices of Exemption (NOEs) be approved for each location. The Council accepted the proposed projects and approved the NOEs. However, during planning and design, staff encountered several setbacks.

Specifically, the RRFB Project was originally planned with the intent of completing design and installation in-house. During review, however, staff identified ADA accessibility deficiencies at the proposed crosswalk intersections, which triggered the requirement to remove and replace noncompliant curb ramps at each installation location. Due to this expanded scope of work, the City determined it would be necessary to appropriate additional funds and solicit construction services from a qualified contractor.

On September 2, 2025, City Council adopted Resolution No. 25-066, amending the FY 2025/2026 Budget to appropriate an additional $149,310 in revenue and expenditures from the HSIP and $465,000 in revenue and expenditures from Measure I funds for the Rectangular Rapid Flashing Beacons Project.

Discussion:

The project plans, specifications, and engineer’s estimate for the project were prepared in-house by the Engineering Department. This project was bid using formal bidding procedures in accordance with Victorville Municipal Code §2.28.210 and the California Public Contract Code. The project was advertised on February 4, 2026. Two (2) bids were received and publicly read aloud on February 26, 2026. The bid results are shown below.

Company Bid Amount
Gentry General Engineering, Inc. $501,912.50
Interstate Civil Construction $1,032,084.80
After careful review and tabulation of the bid proposals, staff determined Gentry General Engineering, Inc. as the lowest responsive, responsible bidder. The Engineer’s Estimate for the project was approximately $450,000. The low bid is about 12% above the estimate.

Because this project is not federally funded, there are no Disadvantaged Business Enterprise (DBE) program requirements.

The Engineering Department will be responsible for the management of the construction of this project. Construction is likely to start in June 2026. It is estimated that the duration of the project will be less than two months. The total duration of the project will depend on weather conditions and lead time for procurement of construction materials.

Staff recommends that the Honorable City Council award a construction contract to Gentry General Engineering, Inc., in the amount of $501,912.50, for the 2025 Rectangular Rapid Flashing Beacons Project.

Staff is available for any questions Council may have.

Prepared By:

Chelsea Woods, Associate Civil Engineer
Attachments: A. Location Map
B. Construction Contract
Attachment A
Location Map

Attachment B
Construction
Contract

CONSTRUCTION CONTRACT BY AND BETWEEN

THE CITY OF VICTORVILLE AND
GENTRY GENERAL ENGINEERING, INC.

FOR
2025 RECTANGULAR RAPID FLASHING BEACONS
CITY PROJECT NO. CC25-113
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 Gentry General Engineering, 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 2025 Rectangular Rapid Flashing Beacons as more fully described in the solicitation documents issued by the City for Project No. CC25-113 (the “Project”);and
WHEREAS, on February 4, 2026, 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 (date of Council meeting)________________________, 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.

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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 Five Hundred One Thousand Nine Hundred Twelve and 50/100 Dollars, ($501,912.50) (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.

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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 Forty (40) 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. CLAIMS AND DISPUTE RESOLUTION
Except for such claims as defined in and covered by California Public Contract Code Section 9204 (Section 9204), which are subject to the procedures set out in therein (the full text of Section 9204 is set forth below), any dispute arising out of or relating to the provisions of any construction Contract awarded for this Project, or the breach thereof, shall be settled in the manner set forth in the executed Contract, or if not specified therein, by 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 negotiations between the legal counsel for each Party. If the above process fails, the Parties may mutually agree to engage in nonbinding 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 paragraph (5) below and other applicable provisions and laws. 4) The alternative dispute resolution process set forth herein is a material condition of any Contract entered into for the Project and must be exhausted as an administrative remedy prior to either Party initiating legal action.
5) Compliance with Victorville Municipal Code Section 2.24.020 and the provisions of the Government Claims Act (Government Code section 810 st seq.) is also required prior to initiating suit against the City.

California Public Contract Code Section 9204
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business preformed on public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article

1.5 ( commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.

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(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief form damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf or, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) a Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.

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(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does note meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.

Any mediation utilized shall conform to the timeframes in this section.

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(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor of lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reason for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remail in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes or extends that date.

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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:

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(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.

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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 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 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 CC25 -113 Gentry General Engineering, Inc.

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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 Three Thousand Six Hundred and 00/100 Dollars ($3,600.00) 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.”
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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 $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 Five Million Dollars ($2,000,000) 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 $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, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided City of Victorville, Project CC25 -113 Gentry General Engineering, Inc.

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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 Noncontributory. 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.

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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 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 PorterCologne 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.

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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 anyParty, 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 andExhibit “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:

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To City: Fredy A. Bonilla, City Engineer
Engineering Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Contractor: Brenton Gentry, President
Gentry General Engineering, Inc.
320 W. Tropica Rancho Road
Colton, CA 92324
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 City of Victorville, Project CC25 -113 Gentry General Engineering, Inc.

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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 describedunder 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 Partyof 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.

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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 mandating various emission reduction requirements. Contractor agrees to comply with all City of Victorville, Project CC25 -113 Gentry General Engineering, Inc.

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

THE CITY OF VICTORVILLE GENTRY GENERAL ENGINEERING, INC.

By: By:

Elizabeth Beccera, Mayor Brenton Gentry, President
Dated: Dated:

ATTEST
By:

Jennifer Thompson, City Clerk
Dated:

APPROVED AS TO STANDARD FORM
By:

Andre de Bortnowsky, City Attorney
Dated:

By:

Sandra Bostick, Risk Manager
Dated:

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EXHIBIT A

CONTRACTOR'S BID PROPOSAL
See Attachment
Bid Item # Ref Spec § Bid Item Description Quantity Unit Unit Cost Total

GENERAL
2 §7-3 MOBILIZATION & DEMOBILIZATION (F) 1 LS $39,013.00 $39,013.00 3 §601-3.7
TRAFFIC SIGN ENHANCEMENT DEVICES, FLASHING ARROW SIGN ALLOWANCE 4 EA $17,664.00 $70,656.00 4 §3-12 WORKSITE MAINTENANCE, WATER POLLUTION CONTROL (F) 1 LS $9,650.00 $9,650.00 5 §3-12 PLACE CONCRETE WASHOUT (F) 1 LS $2,355.00 $2,355.006 §3-12 STREET SWEEPING & VACUUMING (F) 1 LS $9,420.00 $9,420.00 7 §601-2 TEMPORARY TRAFFIC CONTROL PLAN(S) (F) 1 LS $7,517.00 $7,517.008 §601 TEMPORARY TRAFFIC CONTROL DEVICES, OPERATION AND MAINTENANCE (F) 1 LS $38,291.00 $38,291.00

DEMOLITION
9 §3-12/401 REMOVE & DISPOSE 1' WIDE SLOT CUT IN EXISTING AC PAVEMENT 645 SF $8.70 $5,611.50 10 §3-12/401 REMOVE & DISPOSE PCC SPANDREL AND MONOLITHIC CURB 1938 SF $16.00 $31,008.00 11 §3-12/401 REMOVE & DISPOSE PCC CURB & GUTTER 240 LF $43.50 $10,440.0012 §3-12/401 REMOVE & DISPOSE PCC CURB RAMP/SIDEWALK 5220 SF $6.90 $36,018.0013 §3-12/401 REMOVE & DISPOSE PCC A-CURB 397 LF $17.50 $6,947.50

CONSTRUCTION
14 §302-5 CONSTRUCT 1' WIDE AC PAVEMENT SLOT REPAIR 645 SF $18.90 $12,190.50 15 §303 CONSTRUCT CURB RAMP PER CITY STD. S-11, TYPE A 269 SF $12.50 $3,362.50 16 §303 CONSTRUCT CURB RAMP PER CITY STD. S-11, TYPE B 1072 SF $12.25 $13,132.0017 §303 CONSTRUCT CURB RAMP PER CITY STD. S-11, TYPE C 2106 SF $12.50 $26,325.0018 §303 CONSTRUCT PCC SPANDREL & CURB PER CITY STD. S-05 1938 SF $26.50 $51,357.0019 §303 CONSTRUCT 8" PCC CURB & GUTTER PER CITY STD. S-01 240 LF $41.00 $9,840.0020 §303 CONSTRUCT PCC SIDEWALK PER CITY STD. S-04 2119 SF $9.50 $20,130.5021 §303 CONSTRUCT 6" PCC CURB PER CITY STD. S-09 106 LF $20.50 $2,173.00 22 §303 CONSTRUCT VARIABLE HEIGHT PCC CURB PER CITY STD. S-09 82 LF $40.00 $3,280.00 23 §3-12/401 GRIND CONCRETE CURB AT CURB RAMP OPENING 10 LF $105.00 $1,050.0024 §3-12/401 GRIND GUTTER 6 LF $175.00 $1,050.0025 §3-12/401 GRIND AC PAVEMENT TO MATCH PCC GUTTER LIP 6 LF $175.00 $1,050.0026 §701 INSTALL TYPE 1A POLE FOUNDATION PER CITY STD. T-2 (POLE TO BE INSTALLED BY OTHERS) 19 EA $4,655.00 $88,445.00 27 §212-10 RELOCATE WATER METER BOX PER CITY STD. W-01 AND W-10 1 EA $520.00 $520.0028 §303 CONSTRUCT 8" PCC CURB PER CITY STD. S-09 27 LF $40.00 $1,080.00 Total $501,912.50

EXHIBIT A
CONTRACTOR'S BID PROPOSAL, PROJECT CC25-113
21/ City of Victorville, Project CC25-113, Gentry General Engineering, Inc Item Number: 21
City Council / Board of Directors
Written Communications
Meeting of: April 7, 2026
Submitted By:

Doug Mathews, Director of Public Works and Water

Subject:

Approval of Purchase and Installation of Playground Equipment for Eagle Ranch Pocket Park
Recommendation:

That the Honorable City Council approve the purchase and installation of playground equipment from GameTime, through Great Western Recreation, for the replacement of playground equipment at Eagle Ranch Pocket Park.

Fiscal Impact:

Approval of this purchase and installation of playground equipment will have a fiscal impact of $249,991.37. Funds for this expenditure have been appropriated in the Fiscal Year 2025–2026 Capital Improvement Plan (CIP) Budget in the LMAD/DFAD/MAD Fund 370.

Account Available Budget
3705502-55070-70787 $250,000
The City applied for and was awarded a GameTime Playground Grant, which provides a 50% discount on the playground structure only. The grant is applied directly to the playground structure purchase as a price reduction, and no funding will be remitted directly to the City. The total grant discount applied to the equipment is $68,425.90, which reduces the overall project cost to $249,991.37.

For accounting purposes, the playground asset will be capitalized at its full pre-discount value of approximately $318,417.27, with the grant recorded as a reduction to the equipment purchase price. No additional appropriation is required.

Strategic Plan Goal:

This item aligns with Strategic Goal E, Invest in Infrastructure, which focuses on creating a healthy and livable community by maintaining the City’s assets through investment in infrastructure and innovation. The replacement of playground equipment at Eagle Ranch Pocket Park helps maintain and improve park infrastructure while providing safe recreational opportunities for the surrounding neighborhood.

Background:

Eagle Ranch Pocket Park serves residents within the Eagle Ranch neighborhood and provides recreational opportunities for families and children in the surrounding community. The existing playground equipment has reached the end of its useful life, as it is estimated to have been installed in 1990, and requires replacement to maintain safe and functional recreational facilities.

In September 2025, staff applied for the GameTime Playground Grant Program to assist with the replacement of the playground equipment. In October 2025, the City was notified that the application had been approved. The grant provides a discount on the playground equipment, helping reduce the overall cost of the project.

Replacing the existing playground equipment will improve safety, accessibility, and recreational opportunities for residents who use Eagle Ranch Pocket Park.

Discussion:

Consistent with the terms of the grant, the playground design was created in conjunction with Great Western Recreation, the designated sales representative for GameTime in Southern California. The design is based on best practices aimed at promoting physical fitness through outdoor play environments and creative playground learning activities. It incorporates multiple play activities with inclusive features with developmental benefits, such as an inclusive play deck, merry-go-round and sensory areas. It also incorporates shade structures, which residents commonly request. Additionally, this project will expand the playground's footprint, expanding the deck area of the play structure and adding the merry-go-round.

GameTime will complete the installation associated with this approval using a subcontractor. This arrangement is permitted under Section 2.28.120 of the Victorville Municipal Code based on the City’s participation in the OMNIA Partners cooperative purchasing agreement. OMNIA Partners competitively solicits local government contracts from world class suppliers, such as GameTime, to help streamline the purchasing process. GameTime offers discounted equipment to participants through this program, but is required to solicit three (3) quotes from certified installers within the region of the purchasing agency to ensure a competitive bid is received for the installation of the play equipment and compliance with state and local playground installation standards.

To ensure the lowest installation cost, GameTime solicited the following three (3) quotes (Attachment C) from their certified installers in the Southern California area:

Contractor Location Bid Amount
Western State Builders, Inc. Escondido, CA $114,275.00
Ortco Inc. Orange, CA $118,090.00
Evergreen Environment, Inc. Riverside, CA $134,773.88
The GameTime quote incorporates the installation cost based on the quote provided by Western State Builders, Inc., the lowest responsive quote received. After the order is placed with GameTime, manufacturing and delivery of the playground equipment is expected to take approximately four to six weeks, with installation scheduled following receipt of materials.

The installation scope includes removal of the existing playground equipment, site excavation, construction of a new concrete curb, installation of the playground equipment, installation of geotextile fabric, installation of benches, and associated site improvements necessary for the new playground system.

Replacing the playground equipment at Eagle Ranch Pocket Park will improve safety, accessibility, and recreational opportunities for residents who use the park.

Staff recommends that the City Council approve the purchase and installation of the playground equipment at Eagle Ranch Pocket Park from GameTime, through Great Western Recreation, utilizing the OMNIA Partners cooperative purchasing agreement.

Staff remains available for any questions the Council may have.

Prepared By:

Summer Burgess, Management Specialist
Mel Krejckant, Public Works & Water Administrative Manager Attachments: A. Award Certificate
B. GameTime Playground Proposal
C. Installation Quotes
D. Park Location Map

Attachment B
GameTime Playground
Proposal
Proposal for
Victorville City
Prepared by
12-19-2025
Job # 117012-01
Eagle Ranch Pocket Park Playground Option 1
805-320-9007 | www.Gwpark.com

Victorville City
Attn: Summer Burgess
14343 Civic Center Drive
Victorville, CA 92392
United States
Phone: (760) 955-5000
[email protected]
Ship to Zip 92392
Qty Part # Description List $ Selling $ Ext. Selling $
1 RDU GameTime - Custom 2-5 or 5-12 PlaygroundReference Drawing 117012-01-Opt 1 NDS Inclusive
NDS PlayOn
$127,426.00 $62,501.59 $62,501.59
1 5180 GameTime - Welcome Sign (2-5 or 5-12) $825.00 $618.75 $618.75 1 14928 GameTime - NDS Inclusive Play Sign Package
1 14927 GameTime - NDS Play On Sign Package
1 178749 GameTime - Owner's Kit $98.07 $98.07 $98.07
Freestanding Equipment
1 5192 GT-Shade - Double Bay Swing Shade $14,987.00 $13,788.04 $13,788.04 2 5293 GameTime - Enclosed Tot Seat for 8' Toprail $424.00 $318.00 $636.00 2 5287 GameTime - Belt Seat for 8' Toprail $286.00 $214.50 $429.00 1 6372 GameTime - Spin With Me (With Handle) $7,748.00 $3,486.60 $3,486.60 4 T103I GT-Site - 6' LEAF BENCH THERMOCOAT IG $767.00 $644.28 $2,577.12 190 INSTALL Turboscape - Playground Chips-
**List Price $16,810.37, discounted per OMNIA Contract
Prevailing Wage.

Supply, Deliver and Install (3,919sf @ 12" Depth) 190 CY $72.55 $72.55 $13,784.50
360 INSTALL Install - Provide Temporary Construction FencingPrevailing Wage.$9.00 $9.00 $3,240.00 1 INSTALL Install - Remove & Dispose of Existing Play EquipmentPrevailing Wage.$4,478.00 $4,478.00 $4,478.00 141 INSTALL Install - Remove & Dispose of Existing Concrete SidewalkPrevailing Wage.$13.50 $13.50 $1,903.50 3043 INSTALL Install - Remove & Dispose of Existing Grass/Dirt 12"- Prevailing Wage.
$8.80 $8.80 $26,778.40
195 INSTALL Install - Construct Concrete Curbing 12"x6"- Prevailing Wage.
$64.05 $64.05 $12,489.75
1 INSTALL Install - Install New Playground Equipment & BenchesPrevailing Wage.$69,080.00 $69,080.00 $69,080.00 3919 INSTALL Install - Supply & Install Geotextile FabricPrevailing Wage.$1.92 $1.92 $7,524.48 1 INSTALL Install - Construct ADA Ramp Transition to EWFPrevailing Wage.$4,478.00 $4,478.00 $4,478.00 GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
12/19/2025
Quote #
117012-01-01
Eagle Ranch Pocket Park Playground Option 1

Page 1 of 5 ends

Qty Part # Description List $ Selling $ Ext. Selling $
1 INSTALL Install - Install New Sod Around Damaged AreasPrevailing Wage.$5,760.00 $5,760.00 $5,760.00 Contract: OMNIA #2017001134 Sub Total $233,651.80
Estimated Freight $8,977.74
Tax $7,361.83
Total $249,991.37
Comments
Your Sales Rep is Myles Harvey . Please reach out to Myles at 805-320-9007 if you should have any questions regarding this quote.

Due to the volatility of freight costs, the freight pricing is subject to change at the time of order . ***OPTIONAL-To include a Payment and Performance Bond, please add $3,820.

Site Address:

Eagle Ranch Pocket Park
12392 Madera St
Victorville, CA 92392
Customer to confirm shipping address at time of order
*Freight charges are based on listed zip code and are subject to change if shipping information changes. *Deposit may be required.

Permitting not included, unless otherwise noted.

Customer is responsible for offloading.

Prevailing wage.

OMNIA # 4001763
GameTime DIR# 1000015526 / CSLB - 929912
GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
12/19/2025
Quote #
117012-01-01
Eagle Ranch Pocket Park Playground Option 1

Page 2 of 5 ends

Remit Payment to:

GameTime
P.O. Box 680121
Fort Payne, AL 35968
Taxes:

All applicable taxes will be added at time of invoicing unless otherwise included or a tax-exempt certificate is provided.

If sales tax exempt, you must provide a copy of certificate to be considered exempt.

Prices :

FOB Factory.

Orders:

All orders shall be in writing by purchase order, contract, or similar document made out to PlayCore Wisconsin Inc., dba GameTime.

Standard GameTime equipment orders over $100,000 may require a deposit of 25% at the time of order and an additional 25% at or before order ships Standard orders with equipment, installation and surfacing are requested to be split billed.

Equipment, Taxes & Freight as noted above
Installation and Surfacing billed as completed and Due Upon Receipt.

Terms:

Cash With Order Discount (CWO): Orders for GameTime equipment paid in full at time of order via check, Electronic Funds Transfer (ACH or wire) are eligible for a three percent (3%) cash with order discount.

Payment via credit card: If you elect to pay by credit card, GameTime charges a 2.50% processing fee that is assessed on the amount of your payment. This fee is shown as a separate line item and included in the total amount charged to your credit card. You have the option to pay by check, ACH or Wire without any additional fees.

Credit terms are Net 30 days, subject to approval by the GameTime Credit Manager. A completed credit application must be submitted and approved prior to the order being received. Please allow at minimum 2 days for the credit review process. GameTime may also require:

Completed Project Information Sheet (if applicable)
Copies of Payment and Performance Bonds (if applicable) A 1.5% per month finance charge will be imposed on all past due invoices.

Retainage not accepted.

Orders under $5,000 require payment with order.

GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
12/19/2025
Quote #
117012-01-01
Eagle Ranch Pocket Park Playground Option 1

Page 3 of 5 ends

ACCEPTANCE OF QUOTATION:

Billing and Shipping information will be as stated on quote unless indicated below .

Change billing information to:

Address: _______________________________________________________ ________________________________________________________ Contact: _______________________________________________________ Colors: Per Renderings Yes or No
Palette _____________________________
Per Submittals ____________________________________________________________ Other Colors, please specify __________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ Purchase Amount: $249,991.37
Signature: _______________________________________ Date: _____________________ Printed Name: ____________________________________ Title: _______________________ Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.

DIR# 1000015526 CSLB#855664
GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
12/19/2025
Quote #
117012-01-01
Eagle Ranch Pocket Park Playground Option 1

Page 4 of 5 ends

INSTALLA TION CONDITIONS:

ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery.

STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process. Once equipment has delivered to the site, the owner is responsible should theft or vandalism occur unless other arrangements are made and noted on the quotation.

FOOTER EXCAVATION: Installation pricing is based on footer excavation through earth/soil only. Customer shall be responsible for unknown conditions such as buried utilities (public & private), tree stumps, rock, or any concealed materials or conditions that may result in additional labor or materials cost.

UTILITIES: Owner is responsible for locating any private utilities.

ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated in this quotation. If additional site work or specialized equipment is required, pricing is subject to change.

Surfacing Exclusions
The following items are specifically excluded from this quotation unless otherwise noted and itemized in the proposal with associated costs. Any such work or materials requested by the Owner, or required by governing authorities, shall be performed only upon written authorization and will be subject to additional charges.

1. Site Security
Site security, including, but not limited to, temporary fencing, lighting, and security personnel, is expressly excluded from this quotation unless specifically included and itemized in the proposal with corresponding costs.

The Owner shall be solely responsible for any costs or damages arising from vandalism, theft, or unauthorized access affecting any product, equipment, materials, safety surfacing system, or any other aspect of the project site before, during, or after mobilization by Great Western Recreation ("GW") and/or its subcontractors.

2. Subbase Materials and Preparation
Subbase materials and all associated labor are expressly excluded from this quotation unless specifically identified and itemized in the proposal with corresponding costs.

The Owner is responsible for ensuring that subgrade conditions meet the specified requirements and are suitable to receive the product or system provided by GW. GW shall not be held liable for delays, damages, or performance issues resulting from unsuitable or unprepared subgrade conditions.

3. Drainage Systems
Plans, materials, labor, and installation related to any drainage system are expressly excluded from this proposal unless specifically identified and itemized within the proposal with corresponding costs.

The Owner is responsible for ensuring that the site has adequate drainage to support proper installation and long-term performance of products and systems provided by GW. GW shall not be held liable for any site drainage deficiencies, water retention, erosion, or damage resulting from inadequate or unaddressed drainage conditions.

Page 5 of 5 ends

2 Color HDPE
2 Color HDPE 2
Accent
Accent 2
Arch
Basic
Basic 2
Batting Cage
Buffings
Cabling
Climber Nets
Coated Site
Deck:PVC
EPDM
Fabric 1
Fabric 2
Fence Guard
Fun Formz
Handgrip
HDPE
HDPE 2
Metal Roof
Netting
Plastic Lumber
RB Frame PC
RB Slat PC
RB Frame TP
RB Slat TP
Recycle Wood
Rock Plastic
Roof
Roof 2
Roto Plastic
Roto Plastic 2
Sky Wheel
Thermoplast
Tube
Uni Plastic
Wallcano
Web
Windscreen
2025 Custom Color Sheet
Starting Palette
Project:

Custom
Colors:

Sky Blue/White Sky Blue/White Orange Orange Orange NANANANANANANANABlue Navy Blue Navy Blue NANANASky Blue Sky Blue NANANANANANANANANANANASky Blue Sky Blue Orange NAOrange NANANANA Honeysuckle 117012-01-Opt 1 Reset
Attachment C
Installation Quotes
Date: 12/22/2025
Proposal #: 2025-404R 1
Address: 12939 Madera Street Victorville, CA 92392
Project: Eagle Ranch Park Option 1
Project Number:

DIR Number: 1000706410
Ca Lic 1069677
SLBE Number: 17WS1776
Western State Builders proposes to provide all labor/Material to complete the work listed for the above referenced project.

DESCRIPTION OF WORK
Estimated
Cost
Provide labor and equipment to install owner provided equipment per plans and specs.

To include:

OPTION 1
Excavate and remove 3,043 SF native grass and soil to 12” depth Provide and install 195 LF of 6" x 12" new concrete curb Install play equipment per drawing 117012-01-Opt1
Provide and install 3,919 SF geotextile fabric
Install qty 4 benches
Provide and install 5 LF concrete sidewalk to playground ramp Provide and install new sod around damaged areas
Includes Prevaing Wages $105,200
Add-alt Temp Facilities 6,770.00 $
Add-alt Coordinate delivery of equipment and unload at project site. $2,305.00 CONDITIONS, STIPULATIONS, and EXCLUSIONS
Quote is good for 90 Days of date listed above
Western State
Builders Inc.

Proposal only includes the items listed on Description of Work above.

Any additional work requested will be billed at the Western State Builder's current rental rates.

All quantities to be measured and approved by the project superintendent/ Owner prior to billing.

Western State Builders is not responsible for the changes made to Western State Builders plans.

Demo and remove existing playground equipment, EWF and 47 LF existing concrete sidewalk
regarding the contents of this proposal please call (760) 546-2405 2141 Orange Ave Escondido, CA 92029
Phone (760) 546 2405
General Terms and Conditions:

Western State Builders looks forward to working with your company. If you have any questions

6. This proposal is made in anticipation of prompt commencement of work as provided herein. If through no fault of Western State Builders, such work has not begun within (90) days of the date of this proposal. The Proposal may be declared null and void at Western State Builders option.

5. Job performance and/or measured quantities will be considered accepted, unless written notice of any claimed deficiencies is received by Western State builders within (7) working days from that time when the work is actually performed. Foreman to walk with owner on approval.

4. It is mutually agreed that if at any time in the opinion of the Western State Builders, the financial responsibility of the prime contractor or owner becomes impaired, jeopardized, threatened, or unsatisfactory, Western State Builders may temporarily stop work and require payment of all sums then due for all labor and materials furnished at that time and also require payment in advance for all remaining labor and materials, and either or both of these actions shall not constitute a breach of this agreement by Western State Builders, and Western State Builders may wait to perform the balance of the labor and material hereunder until the aforementioned payment in full has been received.

3. If the prime contractor or owner requires Western State Builders to do any work other than that specified herein, Western State Builders shall be paid the cost of the work plus (10%) for overhead and fifteen percent (15%) for cost for profit, whether or not the request is in writing. Western State Builders at its option, may defer commencement of any additional work until a change order is signed by the contractor/owner as applicable.

2. Western State Builders shall not be responsible for any delay in completing this subcontract caused by (a) act of God, (b) Inclement weather, (c) Strikes or other union activities, (d) additional work ordered by the owner, the architect, or the prime contractor, (e) any work stoppage by Western State Builders following the prime contractor's/Home Owner failure to make payments when due under this contract, (F)regulations or other action by governmental authorities, (g) any other contingency beyond Western State Builders control and not foreseen by express provision of this contract.

1. Western State Builders is not responsible for the cost of obtaining nor providing for any engineering, testing, permits, bonds, or inspection fees, or any other fees of charges.

Exclude: Permits, Bonds, Inspections, Fees, Equipment, Freight, Storage, unloading, Rock/Concrete/Asphalt Drilling/Saw cutting, Special Inspections, Cave ins/rock pockets, Survey/control, Staking, irrigation and landscape repairs, Custom Concrete Colors, Spoils Export, Dewatering/ground water, Soils Report Review, Rebar in footings unless otherwise shown, Temp power and water, traffic control, Operations to prepare site for WSB; adequate access for equip. and personnel, 5% retention max, OCIP deduct. Proposal includes 1 mobilization Dated: By:

Western State Builders acceptance;
Dated: By:

Prime Contractor or Owner Acceptance; The undersigned, prime contractor or owner , has read and understands the above terms and conditions and hereby agrees to pay the contract price for the work described above.

10. Western State Builders will not honor any back charges unless Western State Builders has accepted responsibility and is given the opportunity to remedy the problem itself first.

9. Any back charges to Western State Builders claimed by the owner, the architect, or the prime contractor shall be reviewed and acknowledged in writing by Western State Builders and a representative of the prime contractor or owner within 7 days of the occurrence, giving rise to a back charge.

8. If through no fault of Western State Builders, the completed work by western State Builders is damaged.Western State Builders will be paid additionally for such repair or replacement work necessary to return it to the original completed condition. additionally for such repair or replacement work necessary to return it to the original completed condition.

7. The above proposal shall not be binding unless prime contractor or owner accepts the proposal in writing. It is understood and agreed that acceptance of this proposal shall constitute a contract upon actual notice of such acceptance to Western State Builders. All of the following conditions of this proposal are incorporated into and become part of this proposal and contract as well as any contract or Purchase order that follows as a result of this proposal.

EST IMAT E
ORTCO Inc.
2163 N. Glassell St
Orange, CA 92865
[email protected]
+1 (714) 998-3998
www.ortcoplays.com
Bill to

GREAT WESTERN RECREATION
975 S. STATEHWY. 89
LOGAN, UT 84321
Ship to

GREAT WESTERN RECREATION
975 S. STATEHWY. 89
LOGAN, UT 84321
Estimate details
Estimate no.: 2025-770
Estimate date: 12/10/2025
Expiration date: 01/10/2026
JobSite: EAGLERANCH PARK - OPT 1
# Product or service Description Qty Rate Amount

1. MOBILIZATION MOBILIZE EQUIPMENTANDMATERIALS 1 $3,200.00 $3,200.00

2. EXCAVATE EXCAVATION ANDDISPOSE OF EXISTING
TURF/SOIL. APPROXIMATELY 3,043 SQFT. x 12"
DEPTH.
1 $11,680.00 $11,680.00

3. DEMO DEMO ANDDISPOSE OF EXISTINGEQUIPMENT
AND47' LFOF CONCRETE SIDEWALK.
1 $4,480.00 $4,480.00

4. CURB CONSTRUCTION OF CONCRETE CURB.

APPROXIMATELY 195 LINEAR FEET.
1 $9,980.00 $9,980.00

5. INSTALL GT INSTALLATION ONLY OF GAMETIME PLAY
EQUIPMENT- REFER TO DRAWING117012-01-OPT
1 ORTCO INC IS A CERTIFIEDGAMETIME

INSTALLER
1 $73,565.00 $73,565.00

6. FABRIC SUPPLY ANDINSTALL FABRIC UNDERLAYMENT
BENEATH WOODCHIPS. APPROXIMATELY 3,919
SQFT.
1 $5,760.00 $5,760.00

7. BENCHES INSTALLATION ONLY OF BENCHES. 4 $900.00 $3,600.00

8. CONCRETE CONCRETE FLATWORK APPROXIMATELY 20 SQFT. 1 $1,025.00 $1,025.00

9. EXTRA EXTRA WORK: PROVIDE NEWSODAROUND
DAMAGEDAREAS.
1 $4,800.00 $4,800.00

10. EXCLUSIONS EXCLUSIONS: DELIVERY/UNLOADING, DEMO

AND/OR REMOVAL OF ANY EXISTINGEQUIPMENT

OR STRUCTURES, SAFETY SURFACING, ASPHALT,

CONCRETE, BORDERS, CURBS, SUB-BASE AND
COMPACTION. ANY OTHER ITEMS OTHER THAN
THOSE SPECIFICALLY STATEDIN THIS QUOTE.

PERMITS NOTINCLUDED. AREA TO BE CLEAR &
LEVEL. UNDERGROUNDUTILITIES MUSTBE
MARKED. HIC/GMAX TESTING. ORTCO IS A NON
UNION COMPANY. PRICINGEXCLUDES ANY
UNION REQUIREMENTS.
***PLEASE NOTE PRIOR TO SCHEDULINGWE
WILL NEEDA PHYSICAL PURCHASE ORDER***
1 $0.00 $0.00

11. DIR REQUIREMENTS WHEN REQUIRINGCERTIFIEDPAYROLL TO BE

UPLOADEDON THE DIR WEBSITE, PLEASE

FORWARDYOUR DIR PROJECTNUMBER TO US

ALONGWITH YOUR PO BEFORE

COMMENCEMENTOF THE PROJECTSO WE

MAKE SURE WE ARE COMPLIANTIN SUBMITTING
ALL PAYROLLS IN A TIMELY MANNER.
1 $0.00 $0.00

12. ADDTL INSURANCE DIRECTCOSTFOR ANY ADDITIONAL INSURANCE ABOVE ANDBEYOND1 MILLION FOR GL, WC,

AUTO, ANDUMBRELLA WILL BE CHARGED

DIRECTLY TO CUSTOMER , IF REQUIREDBY
CONTRACT.
1 $0.00 $0.00

13. PRICES PRICES ARE GOODFOR 30 DAYS 1 $0.00 $0.00
Note to customer
If you have any questions, please call Billy Police at (657)258-6484.

Total $118,090.00
Expiry date 01/10/2026
Accepted date Accepted by
to k e n = 3 9 c3 8 8 b 9 a fb 0 4 5 6 1 9 8 6 4 1 6 f9 e e 0 1 4 1 6 8 d 0 a f5 9 b d 1 2 4 a 4 e e 1 a 8 1 cb 0 1 9 6 7 4 1 f4 c2 b a a 4 0 d 0 7 b 8 f3 4 7 f2 b 6 6 b a 1 9 1 8 5 0 6 f2 7 e CSLB No. 810462 exp. 07/31/2026
Class A,B,C10,C27,C36,D12,D34
DIR Reg#1000000361 exp 06/30/2028
Proposal Valid for 90 Days from Bid Date
Fax: (951) 332-2219 Proposal Void if Project Subject to any Project Labor Agreements Proposal# 25351
Location: Revision# 1
Bid Date Bid Time
12/22/2025 12:40
# Unit Qty. Unit Cost Total
1 LF 360 $ 9.00 $ 3,240.00
2 LS 1 $ 4,478.00 $ 4,478.00
3 SF 141 $ 13.50 $ 1,903.50
4 SF 3043 $ 8.80 $ 26,778.40
5 LF 195 $ 64.10 $ 12,499.50
6 LS 1 $ 67,730.00 $ 67,730.00
7 SF 3919 $ 1.92 $ 7,524.48
8 LS 1 $ 4,478.00 $ 4,478.00
9 LS 1 $ 6,142.00 $ 6,142.00
Truck Lab Fuel T Hr Mob Tax

10.50% 22.6900% 15%
# Unit Qty. Unit Cost Total
1 LF 360 $ 9.00 $ 3,240.00
2 LS 1 $ 4,478.00 $ 4,478.00
3 SF 141 $ 13.50 $ 1,903.50
4 SF 3257 $ 8.80 $ 28,661.60
5 LF 198 $ 64.10 $ 12,691.80
6 LS 1 $ 66,920.00 $ 66,920.00
7 SF 4162 $ 1.92 $ 7,991.04
8 LS 1 $ 4,478.00 $ 4,478.00
9 LS 1 $ 6,142.00 $ 6,142.00
Truck Lab Fuel T Hr Mob Tax

10.50% 22.6900% 15%
Standard Exclusions: One Move In/Move Out ($950 EA additional) Includes:

Unloading, Transportation, Storage, Security, or Disposal of Packaging of Equipment Purchased by Others 0 Playground Safety Audit BMP's. Job Site Security. Recycling Plan Requirements State Rough Grade +/-.10' Permits, Bonds, Special Endorsements, Special Inspections/Testing Pedestrian & Traffic Control Digging through rocks 6"+ or hard materials Removal of Spoils Repair Unmarked Underground Utilities Scope of Work Provided on 00/00/2022 Accesability Limitations Any Information Not Provided At Time of Bid Additional Exclusions:

Work to be performed during normal
business hours (07:00-17:00) M-F
Addendum 0 dated 00/00/2022
OH Allocation/OH Percent $ 136,505.94
Addendums
Wage Scale
Install New Sod Around Damaged Areas
Construct ADA Ramp Transition to EWF
Supply & Install Geotextile Fabric
Install New Playground Equipment & Benches (35% of List) Construct Concrete Curbing 12"x6"
Remove & Dispose of Existing Grass/Dirt 12"
Remove & Dispose of Existing Concrete Sidewalk
Remove & Dispose of Existing Play Equipment
Provide Temporary Construction Fencing
OH Allocation/OH Percent $ 134,773.88
Option 2
Description
Install New Sod Around Damaged Areas
Construct ADA Ramp Transition to EWF
Supply & Install Geotextile Fabric
Install New Playground Equipment & Benches (35% of List) Construct Concrete Curbing 12"x6"
Remove & Dispose of Existing Grass/Dirt 12"
Remove & Dispose of Existing Concrete Sidewalk
Remove & Dispose of Existing Play Equipment
Description
Provide Temporary Construction Fencing
12392 Madera St Victorville CA 92392
Agency/Owner: City of Victorville
Bid To: Great Western Recreation
Option 1
Evergreen Environment, Inc
8609 Mission Blvd
Riverside CA 92509
Phone: (951) 332-2218
Project: Eagle Ranch Pocket Park
Attachment D
Park Location Map

Item Number: 22
City Council / Board of Directors
Written Communications
Meeting of: April 7, 2026
Submitted By:

Tony Camargo, Deputy City Manager

Subject:

Purchase and Sale Agreement and Joint Escrow Instructions by and between the City of Victorville (the “City”) and Javier Torres Rosas (the “Seller”) for the acquisition of a portion of the real property identified as Assessor’s Parcel Number (“APN”) 0478-042-17 (said portion hereinafter defined as the “Property”)
Recommendation:

That the Honorable City Council:
(1) Approve the Purchase and Sale Agreement and Joint Escrow Instructions, with authorization for minor, non-substantive revisions as deemed necessary, for the City’s acquisition of the Property from the Seller; and
(2) Authorize the City Manager to execute all transactional related documents to effectuate the acquisition.

Fiscal Impact:

This action will result in a fiscal impact of Fifty Thousand Dollars ($50,000.00), plus escrow fees, for a total amount not to exceed Sixty Thousand Dollars ($60,000.00).

Sufficient funds are available in the Wellness Center Land Acquisition Account for this property acquisition:

Account Code Amount
2704020-55010-20494 $60,000.00
Strategic Plan Goal:

This item aligns with Goal D of the 2023-2026 Strategic Plan; specifically, Strategies 1, 3, and 4, which state that, in order to achieve the goal of reducing homelessness, the City should expand on the existing homelessness outreach network to effectively engage the homeless community in services; evaluate the effectiveness of coordination of homelessness services; and complete construction and open the Wellness Center campus including low-barrier emergency shelter, recuperative care facility, medical clinic, and wraparound supportive services.

Background:

Since the opening of the Wellness Center, the volume of staff, clients, visitors, and partner-agency vehicles has exceeded the capacity of the existing parking lot. Ongoing parking shortages have been consistently reported and are beginning to negatively impact service coordination, on-site logistics, accessibility, and overall facility operations.

Currently, the Wellness Center has 22 program participants with vehicles, and more than 60 staff members with issued parking passes. In addition, four operator vehicles used for outreach and Wellness Center transportation, as well as a shuttle, are parked on site. The existing parking lot provides a total of 42 parking spaces, including four accessible spaces, which is insufficient to meet current operational demands and underscores the need for additional parking capacity.

Since the commencement of Wellness Center services, City staff has evaluated an option to expand parking on City-owned land adjacent to the Wellness Center, specifically the area south/southwest of the existing improvements. During this evaluation, staff identified a small triangular-shaped parcel identified as the Property, owned by the Seller and located at 15788 1st Street, Victorville, California 92395, which bisects two City-owned parcels and encroaches into the existing Wellness Center parking area.

This privately owned triangular shaped parcel presents a significant constraint to expanding the existing parking lot. Its location directly adjacent to the current parking area has prevented the City from adding additional parking stalls within the existing footprint.

Acquisition of this portion of the parcel is necessary to enable a cohesive parking lot expansion by removing an irregular lot line configuration, improving site circulation, and addressing ongoing operational parking deficiencies.

During Closed Session on December 16, 2025, this matter was presented to the City Council, and staff provided an analysis of the site. The City Council then authorized the City Manager to proceed with real property negotiations for the acquisition of the Property, as depicted in Attachment A (Property Map). Subsequently, on February 18, 2026, staff submitted an Offer to Purchase (a Non-Binding Letter of Intent; Attachment B) to the property owner, the Seller. The Seller is represented by Charly Ubaldo, Senior Director, Keller Williams Victor Valley Realty, DRE No. 02088736.

Discussion:

The Property owned by the Seller encompasses a single parcel totaling approximately 26,865 square feet, or about 0.62 acres. The City is seeking to acquire a portion of the Property, consisting of approximately 8,606 square feet, or about 0.20 acres, subject to final survey and legal description and is located at 15788 1st Street, Victorville, California 92395. Once the final legal description is approved, it will be added to the Purchase and Sale Agreement and Joint Escrow Instructions as an exhibit. The Seller disclosed that the Property is subject to a promissory note held by Method Bank. The Seller shall be solely responsible for obtaining any required written approval from the noteholder prior to the close of escrow. The Property will provide the Wellness Center with additional parking stalls within the existing footprint. This site will enable the City to build a cohesive parking area for the Wellness Center. A lot line adjustment will be completed by the City Surveyor, to formally incorporate the acquired portion into the Wellness Center property and to correct the irregular boundary configuration that currently restricts expansion. All costs associated with this lot adjustment will be covered by the City.

The Property was listed for sale with an asking price of Fifty Eight Thousand Dollars ($58,000.00); however, the City offered Fifty Thousand Dollars ($50,000.00) based on Real Estate comparables (Comps). The City successfully negotiated the price, with the Seller accepting the offer of Fifty Thousand Dollars ($50,000.00), along with the terms contained in Attachment B (Offer to Purchase). The City has received all relevant title reports and studies for review. A Five Thousand Dollar ($5,000.00) escrow deposit will be required upon opening the escrow account, of which Four Thousand Dollars ($4,000.00) will be refundable to the City if the property is not acquired. The Purchase and Sale Agreement and Joint Escrow Instructions also require a 45-day escrow, with the broker’s commission or concession to be paid solely by the Seller. The commission agreement between the Seller and the Seller’s broker is a private arrangement negotiated separately between those parties, and the City shall have no responsibility for any broker fees or related payments. Lastly, the Offer to Purchase requires the execution and submission of The Purchase and Sale Agreement and Joint Escrow Instructions, as shown in Attachment C (Purchase and Sale Agreement and Joint Escrow Instructions), to solidify the transaction upon approval by the City Council. Furthermore, staff had a Phase I Environmental Site Assessment and Summary Report completed in 2020 for the Wellness Center parcels. Based on the findings of this assessment, no hazardous materials concerns were identified on any adjoining properties. These findings indicate that no recognized environmental conditions or other environmental concerns were identified that would impact the Property, and the report indicates the Property has no recognized environmental conditions.

To proceed with the acquisition of the Property, staff seeks the approval of the Honorable City Council for the Purchase and Sale Agreement and Joint Escrow Instructions with authorization for minor, non-substantive revisions as deemed necessary for the purchase of real estate by and between the City and the Seller, for the acquisition of the Property; and authorize the City Manager to execute all relevant escrow documents.

Staff remains available for any questions you may have.

Prepared By: Cynthia Powell, Real Estate Specialist
Attachments: A. Property Map
B. Offer to Purchase (a Non-binding Letter of Intent)
C. Purchase and Sale Agreement and Joint Escrow Instructions

ATTACHMENT A
Property Map

ATTACHMENT B
Offer to Purchase (Nonbinding Letter of Intent)

ATTACHMENT C
Purchase and Sale
Agreement and Joint Escrow
Instructions
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PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS This PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (“Agreement”) is entered into as of the date the last of the parties executes this Agreement (“Effective Date”), between City of Victorville, a municipal corporation located in the County of San Bernardino, State of California (“BUYER”), by and between JAVIER TORRES ROSAS, an unmarried man., (“SELLER”).

Buyer and Seller are sometimes hereinafter referred to individually as a “Party” and together as the “Parties”.

R E C I T A L S
A. SELLER is the fee owner of that certain real property located in the City of Victorville County of San Bernardino (“County”) State of California, identified as Assessor’s Parcel Number 0478-042- 17, consisting of approximately 26,865 square feet (approximately 0.62 acres) as described in the legal description attached hereto as Exhibit “A” (Property).

B. SELLER discloses that the Property is subject to a promissory note held by Method Bank. Seller shall be solely responsible for obtaining any required written approval form the note holder prior to Close of Escrow.

C. BUYER owns and operates the Victorville Wellness Center Campus located on approximately 4.5 acres, which provides approximately 170 beds in a non-congregated care facility serving families and individuals experiencing homelessness.

D. BUYER desires to acquire approximately 8,606 square feet (approximately 0.20 acres) of the (“Property”), subject to final survey and legal description, to support public purposes including homelessness response and campus operations.

E. The Parties acknowledge that the Property will be created through a Lot Line Adjustment to be processed by Buyer. Seller and Buyer will coordinate a meeting at the subject property to agree on the new lot line; Buyer to bear costs. Buyer shall provide a final legal description of the 8,606 square -foot portion to Escrow no later than five (5) days prior to the Close of Escrow.

F. SELLER desiresto sell partial Property to Buyer and Buyer desiresto purchase partial Property from Seller upon the terms and conditions hereinafter set forth.

A G R E E M E N T
Based upon the foregoing Recitals, which are incorporated herein by this reference, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, SELLER and BUYER agree as follows:

1. PURCHASE AND SALE OF THE PROPERTY.

1.1 Subject to all of the terms, conditions, and provisions of this Agreement, and for the -2-
consideration herein set forth, the SELLER agrees to sell to BUYER, and BUYER agrees to purchase from the SELLER, the Property as described in Exhibit “A” attached hereto.

1.2 Amount of Purchase Price. The purchase price payable by BUYER to SELLER for the Property, including but not limited to all of SELLER’s right, title, and interest to the Property, is the total sum of FIFTY THOUSAND DOLLARS AND 00/100 ($50,000.00) (“Purchase Price”), which shall be deposited with Escrow Holder in accordance with this Agreement.

1.3 Deposit. Within five (5) business days of the opening of escrow with Escrow Holder (as defined elsewhere in this Agreement), BUYER shall deposit with Escrow Holder the amount of FIVE THOUSAND DOLLARS AND 00/100 ($5,000.00) (“Deposit”), in earnest money. The deposit shall be fully refundable to BUYER, LESS One Thousand Dollars ($1000.00) for escrow cancellation costs, if this Agreement is terminated for any reason. No liquidated damages provision shall apply to BUYER.

1.4 Within fifteen (15) business days following the Effective Date of this Agreement, BUYER shall deliver to Escrow Officer, Route 66 Escrow, as selected by SELLER, (“Escrow Holder”) an executed copy of this Agreement.

2. DUE DILIGENCE REVIEW.

2.1 Inspections. BUYER and its agents, contractors, consultants, employees, representatives, engineers, and designees (collectively, "BUYER’s Agents”) shall have reasonable access to the Property at all reasonable times until the expiration of the Due Diligence Period (or earlier termination of this Agreement) for the purpose of conducting tests and inspections of the Property, including surveys and architectural, engineering, geotechnical, and environmental inspections and tests. The “Due Diligence Period” shall mean the fifteen (15) business-day period following the Effective Date. All inspections shall be performed by BUYER at BUYER’s sole cost and expense. Within fifteen (15) business-days after the Effective Date, SELLER shall deliver to BUYER copies of all title commitments for the Property, any leases; if applicable permits and warranties; plans, surveys, specifications, studies, reports, test results, and other documents pertaining to the physical, geological, or environmental condition of the Property that are in the possession of SELLER (“Property Documents”).

2.2 Conditions of the Property.
(a) The Property shall be conveyed in an “As- Is condition” with no warrant or liability, except as otherwise provided herein, express or implied on the part of the SELLER as to the condition of the soil, its geology, or the presence of known or unknown faults or defects. (b) It shall be the responsibility solely of the BUYER, at the BUYER’s expense, to investigate and determine the soil and seismic conditions of the Property and its suitability for its proposed uses.

It shall be the responsibility solely of the BUYER, at the BUYER’s expense, to perform all work necessary to prepare the Property for any such uses.

2.3 Due Diligence Termination Right. If BUYER is not satisfied with the Property for any reason, BUYER may terminate this Agreement by giving written notice of termination to SELLER and Escrow Holder (“Due Diligence Termination Notice”) on or before the expiration of the Due Diligence Period. In the event that BUYER fails to deliver BUYER’s Due Diligence Termination Notice on or before the expiration of the Due Diligence Period, BUYER shall have conclusively been deemed to have approved -3-
its due diligence investigation of the Property and waived its right to terminate this Agreement pursuant to this Section 2.3.

2.4 Review of Title. Following the Effective Date of this Agreement, BUYER shall obtain its own preliminary title report issued by First American Title Insurance Company, as selected by SELLER (“Title Company”) and such Title Company shall provide all underlying title documents (collectively, the “Preliminary Title Report”) and BUYER shall have the right to obtain a survey of the Property from a licensed surveyor sufficient to obtain an ALTA title insurance policy (“Survey”). The BUYER’s review period for the Preliminary Title Report and the Survey shall mean the period from the Effective Date through the date that is fifteen (15) business days after the Effective Date (“BUYER’s Title Review Period”). At any time during BUYER’S Title Review Period, BUYER shall notify SELLER in writing (“BUYER’s Title Notice”) of any objections BUYER may have to title exceptions or other matters contained in the Preliminary Title Report or Survey (“Title Objections”). If BUYER does not give such notice by the expiration of BUYER’s Title Review Period, then it shall conclusively be deemed that BUYER has no Title Objections. If BUYER does timely provide BUYER’s Title Notice with Title Objections, SELLER shall have five (5) business days after receipt thereof to notify BUYER that SELLER (a) will endeavor to cause or (b) elects not to cause any or all of the Title Objections disclosed therein to be removed or insured over by the Title Company in a manner reasonably satisfactory to BUYER.

SELLER’s failure to notify BUYER within such five (5) business day period as to any Title Objections that SELLER is willing to endeavor to cure or cause to be insured over shall be deemed an election by SELLER not to pursue such endeavor to remove or have the Title Company insure over such Title Objections. If SELLER notifies or is deemed to have notified BUYER that SELLER shall not endeavor to remove nor have the Title Company insure over any or all of the Title Objections, BUYER shall have five (5) business days after the expiration of SELLER’s f i v e (5) business day period to respond to either (a) terminate this Agreement or (b) waive such Title Objections and proceed to Closing, without any reduction in the Purchase Price on account of such Title Objections. If BUYER does not give notice within said period, BUYER shall be deemed to have elected to waive the Title Objections pursuant to Section 2.4.

BUYER shall have the right to request any supplement to the Preliminary Title Report or the Survey, and if any such supplement discloses any new materially adverse title or survey matters not disclosed to BUYER prior to the expiration of the BUYER’s Title Review Period, the foregoing right of review and approval shall also apply to said new matter; provided, however, the period for BUYER to deliver BUYER’s Title Notice with respect to such new title matter shall be the later of (i) expiration of the BUYER’s Title Review Period, or (ii) five (5) business days from receipt of the supplemental title report or survey and the underlying document(s) referenced therein.

3. ESCROW.

3.1 Opening of Escrow; Closing Date. Closing of the sale of the Property shall take place through an escrow (“Escrow”) to be established with the Escrow Holder referred to in Section 1.4. Escrow shall be deemed open upon delivery of a fully executed copy of this Agreement to the Escrow Holder. Upon receipt of a fully executed copy of this Agreement, the Escrow Holder shall execute the Escrow Holder’s acceptance attached hereto and notify SELLER and BUYER of the escrow number it assigns to the Escrow.

The Close of Escrow shall occur no later than forty-five (45) business days from the date of opening Escrow. The term “Close of Escrow” or “Closing” shall mean the consummation of the transactions contemplated by this Agreement to occur through the Escrow, including SELLER’s conveyance of the Property to BUYER.
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3.2 Escrow Instructions. This Agreement, together with any standard instructions of Escrow Holder, shall constitute the joint escrow instructions of BUYER and SELLER to Escrow Holder as well as an agreement between BUYER and SELLER. In the event of any conflict between the provisions of this Agreement and Escrow Holder’s standard instructions, this Agreement shall prevail. Deliveries by SELLER. On or before 12:00 noon Pacific Time on the business day preceding the scheduled Closing Date, SELLER shall deliver to Escrow Holder: (i) the Grant Deed substantially in the form attached hereto as Exhibit “B” (“Grant Deed”), executed and acknowledged by SELLER; (ii) the escrow costs and prorations for which SELLER is responsible pursuant to this Agreement; (iii) an original of the Closing Statement described in Section 3.5, executed by SELLER; and (iv) all other documents reasonably required by Escrow Holder to carry out and close the Escrow pursuant to this Agreement.

3.3 Deliveries by BUYER. On or before 12:00 noon Pacific Time on the business day preceding the scheduled Closing Date, BUYER shall deliver to Escrow Holder: (i) Purchase Price less the Consideration Payment, (ii) the escrow costs and prorations for which BUYER is responsible pursuant to this Agreement, (iii) an original of the Closing Statement described in Section 3.5, executed by BUYER, and (iv) all other documents reasonably required by Escrow Holder to carry out and close the Escrow pursuant to this Agreement.

3.4 Closing Statement. No later than four (4) business days prior to the Closing Date, Escrow Holder shall prepare for approval by BUYER and SELLER a closing statement (“Closing Statement”) on Escrow Holder’s standard form indicating, among other things, Escrow Holder’s estimate of all closing costs and prorations made pursuant to this Agreement.

3.5 Closing, Recording and Disbursements. On the Closing Date, and provided all of the SELLER Conditions to Closing and BUYER Conditions to Closing set forth in Sections 3.10.1 and

3.10.2 of this Agreement have been satisfied or waived in writing by the appropriate party, Escrow Holder shall take the following actions:
(a) Recording. Escrow Holder shall cause the Grant Deed to be recorded with the Recorder’s Office in San Bernardino County, California. (b) Delivery of Documents and Funds. Escrow Holder shall deliver to BUYER all of the items listed in Section 3.3 above which were delivered by SELLER to Escrow, except that Escrow Holder shall be instructed to record the original Grant Deed with the Recorder’s Office in San Bernardino County, California upon Close of Escrow. Escrow Holder shall deliver the Purchase Price less the Consideration Payment to SELLER by wire transfer as provided in written instructions to be furnished to Escrow Holder by SELLER prior to the Close of Escrow, together with one duplicate original of all of the items listed in Section 3.4 above on the Close of Escrow.

3.6 Taxes. Real property taxes will not be prorated between SELLER and BUYER in Escrow.

Upon recordation of the Grant Deed, BUYER may request cancellation of the real property taxes for the Property pursuant to California Revenue and Taxation Code Section 4986. If current taxes have not yet been paid as of the Closing Date, then at Closing SELLER shall pay through Escrow or out of SELLER proceeds, the full amount of the installment applicable for the period in which Closing occurs. SELLER shall be entitled to a refund of any excess payment made to the taxing authority on account of the Property, including any taxes paid by SELLER and applicable to any period from and after the Closing Date. The taxing authority will notify SELLER of any refund due SELLER resulting from the subject acquisition after a review and any subsequent proration of the property tax assessment by the County Assessor. SELLER retains the right, following close of escrow, to apply to the County Tax Collector for refund pursuant to -5-
Revenue and Taxation Code Section 5096.7.

3.7 Payment of Costs. BUYER shall pay for the premium for the standard coverage owner’s Title Policy referred to in Section 3.10.2(b), with the cost of any endorsements or extended coverage to be as set forth therein. Any recording fees for the documents to be recorded under this Agreement and the escrow fee of Escrow Holder shall be paid by the BUYER; provided, however, that if the Close of Escrow has not occurred by the Closing Date by reason of a default hereunder, the defaulting party shall bear all Escrow cancellation charges. All other costs and expenses of Escrow not specifically allocated in this Agreement shall be allocated between BUYER and SELLER in accordance with customary practice in the county in which the Property is located. BUYER and SELLER shall each be responsible for their respective attorneys’ fees and costs for this Agreement.

3.8 Information Report. Escrow Holder shall file and SELLER and BUYER agree to cooperate with Escrow Holder and with each other in completing any report (“Information Report”) and/or other information required to be delivered to the Internal Revenue Service pursuant to Internal Revenue Code Section 6045(e) regarding the real estate sales transaction contemplated by this Agreement, including, without limitation, Internal Revenue Service Form 1099-B as such may be hereinafter modified or amended by the Internal Revenue Service, or as may be required pursuant to any regulation now or hereinafter promulgated by the Treasury Department with respect thereto. SELLER and BUYER also agree that SELLER and BUYER, their respective employees and attorneys, and Escrow Holder and its employees may disclose to the Internal Revenue Service, whether pursuant to such Information Report or otherwise, any information regarding this Agreement or the transaction contemplated herein as such party reasonably deems to be required to be disclosed to the Internal Revenue Service by such party pursuant to Internal Revenue Code Section 6045(e), and further agree that neither SELLER nor BUYER shall seek to hold any such party liable for the disclosure to the Internal Revenue Service of any such information.

3.9 Conditions to Close of Escrow.

3.10.1 Conditions to SELLER Obligations. In addition to any other condition set forth in this Agreement in favor of SELLER, SELLER shall have the right to condition its obligation to convey the Property to BUYER and close the Escrow upon the satisfaction, or written waiver by SELLER, of each of the following conditions precedent on the Closing Date or such earlier time as provided for herein (collectively, the “SELLER Conditions to Closing”):
(a) Delivery of Document and Funds. BUYER shall have timely executed and deposited into Escrow all escrow and closing documents required to be submitted by BUYER in order to accomplish the close of Escrow for the Property. BUYER shall have deposited with Escrow Holder the Purchase Price less the Consideration Payment and the escrow and closing costs for which BUYER is responsible to pay and all other sums required of BUYER by this Agreement.
(b) Representations and Warranties. All representations and warranties made by BUYER in this Agreement are true and correct in all material respects as of the Closing as though made at that time.
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(c) No Default under the Agreement. BUYER shall not be in material default of any of its obligations under this Agreement and no event shall have occurred that would constitute a default with the giving of notice or the passage of time.

3.10.2 Conditions to BUYER’s Obligations. In addition to any other condition set forth in this Agreement in favor of BUYER, BUYER shall have the right to condition its obligation to purchase the Property and close the Escrow upon the satisfaction, or written waiver by BUYER, of each of the following conditions precedent on the Closing Date or such earlier time as provided for herein (collectively, the “BUYER Conditions to Closing”):
(a) Delivery of Documents and Funds. SELLER shall have executed and deposited into Escrow the Grant Deed, and the escrow and closing costs for which SELLER is responsible to pay and all other sums required of SELLER by this Agreement. (b) Title Policy. The Title Company is unconditionally and irrevocably committed to issue to BUYER at Closing a CLTA standard coverage owner’s title policy, or, upon BUYER’s request, an ALTA extended coverage owner’s policy of title insurance (provided BUYER shall be responsible for any survey costs associated therewith and BUYER must deliver an ALTA survey acceptable to the Title Company for the issuance of such extended coverage at least ten (10) business days prior to the Closing Date and BUYER shall be responsible for the additional cost of the extended coverage), insuring BUYER’s title to the Property in the amount of the Purchase Price, subject only to the following (collectively, the “Approved Title Exceptions”): (i) the standard exceptions and exclusions from coverage contained in such form of the policy; (ii) real estate taxes not yet due and payable; (iii) matters created by, through or under BUYER; (iv) items disclosed by the Survey and Preliminary Title Report (including any supplements) and approved or deemed approved by BUYER pursuant to the title review provisions in Section 2.4, or, if BUYER fails to obtain the Survey, items which would be disclosed by an accurate, updated survey of the Property or a physical inspection of theProperty; and (v) any Title Objections that neither SELLER nor the Title Company has agreed toremove from title or insure over (“Title Policy”). The issuance of an ALTA extended coverage policy shall not be a condition precedent to BUYER’s obligation to close the Escrow, and BUYER shall not object to the Closing based upon an inability to obtain, or any delays in obtaining, such coverage. In addition, and without limiting the foregoing, the issuance of any particular title endorsements requested by BUYER, at BUYER’s sole cost and expense, shall not be a condition precedent to BUYER’s obligation to close this Escrow and BUYER acknowledges that BUYER is solely responsible for ascertaining the availability of any such endorsements prior to the end of the Due Diligence Period.

If endorsements are required to cure defects in title and SELLER has agreed to provide such endorsements as a means of curing such title defects, then SELLER shall pay for such endorsements
(c) Condition and Possession. At least ten (10) business days prior to the Closing Date, SELLER shall remove any of SELLER’s personal property and debris and trash from the Property.
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(d) CEQA. The requirements under the California Environmental Quality Act, as amended, shall have been complied with.
(e) Non-Foreign Affidavit. SELLER shall have executed and deposited into escrow a Non-Foreign Affidavit as required by federal law. (f) Representations and Warranties. All representations and warranties made by SELLER in this Agreement are true and correct in all material respects as of the Closing as though made at that time.
(g) No Default under Agreement. SELLER shall not be in material default of any of its obligations under this Agreement (and shall not have received notice of a default hereunder which has not been cured).
(h) Encumbrances. There are no encumbrances on the Property except for Approved Title Exceptions.
(i) Contract Termination. SELLER shall have cancelled and terminated all agreements, contracts, and leases relating to the Property with service providers, tenants, or as otherwise required pursuant to this Agreement, and provided BUYER with written evidence of same.

3.10.3 Satisfaction of Conditions. Where satisfaction of any of the foregoing conditions requires action by BUYER or SELLER, each party shall use its diligent efforts, in good faith, and at its own cost, to satisfy such condition.

3.10.4 Waiver. Each party may at any time or times, waive any of their respective Conditions to Closing in this Section 3.10, as set forth above, to their respective obligations hereunder, but any such waiver shall be effective only if contained in writing, signed, and delivered to the other party.

3.10.5 Escrow Termination. In the event each of the Conditions to Closing in this Section

3.10, as set forth above, is not fulfilled on the Closing Date or such earlier time period as provided for herein or waived, any party hereto may at its option terminate this Agreement and the Escrow(s) opened hereunder, provided that party is not in default of this Agreement. No termination under this Agreement shall release any party then in default from liability for such default. In the event this Agreement is terminated, all documents and funds delivered to Escrow Holder shall be returned immediately to the respective parties.

4. REPRESENTATIONS AND WARRANTIES.

4.1 SELLER Representations and Warranties. SELLER hereby makes the following representations and warranties to BUYER, each of which is material and relied upon by BUYER in making its determination to enter into this Agreement and each of which is re-made as of the Closing Date:
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(a) SELLER execution, delivery and performance of its obligations under this Agreement does not constitute a default or a breach under any contract, agreement or order to which SELLER is a party or by which it is bound.
(b) SELLER has the full right, power and lawful authority to sell the Property and undertake all obligations as provided herein. The execution, performance and delivery of this Agreement by SELLER has been fully authorized by all requisite actions on the part of Seller. (c) There are no pending actions, suits, writs, injunctions, decrees, legal proceedings or governmental investigations against the Property.
(d) SELLER has not received any notices and has no knowledge of any violation of any laws, ordinances, rules, regulations or requirements of any governmental agency, body or subdivision affecting or relating to the Property.
(e) SELLER is not the subject of a current or pending bankruptcy proceeding.

4.2 BUYER’s Representations and Warranties. BUYER hereby makes the following representations and warranties to SELLER, each of which is material and relied upon by SELLER in making its determination to enter into this Agreement and each of which is re-made as of the Closing Date:
(a) BUYER has the full right, power and lawful authority to purchase and accept the Property and undertake all obligations as provided herein. The execution, performance and delivery of this Agreement by BUYER has been fully authorized by all requisite actions on the part of BUYER.
(b) BUYER
(c) BUYER’s execution, delivery and performance of its obligations under this Agreement does not constitute a default or a breach under any contract, agreement or order to which BUYER is a party or by which it is bound.
(d) BUYER is not the subject of a current or pending bankruptcy proceeding.

5. RESERVED.

6. DEFAULTS.

6.1 Institution of Legal Actions. Any legal action must be instituted in the Superior Court of the County of San Bernardino, State of California.

6.2 Rights and Remedies are Cumulative. Except as otherwise expressly provided in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

6.3 Inaction Not a Waiver of Default. Any failures or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights -9-
or remedies or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.

7. MISCELLANEOUS.

7.1 Notices. All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be delivered by either (a) personal delivery, (b) reliable courier service that provides a receipt showing date and time of delivery, including federal express, or (c) registered or certified U.S. Mail, postage prepaid, return receipt requested. Copies are requested via email as identified below. Notices shall be addressed to the respective parties as set forth below or to such other address and to such other persons as the parties may hereafter designate by written notice to the other party hereto:

To BUYER: City of Victorville
c/o Keith C. Metzler
City Manager
City of Victorville
14343 Civic Drive
Victorville, CA 92392
Green de Bortnowsky, LLP
30077 Agoura Court, Suite 210
Agoura Hills, CA 91301
Attn: Andre de Bortnowsky, City Attorney
Javier Torres Rosas, Owner
15788 1st St
Victorville, CA 92395
with a Copy to:

To SELLER:

Each notice shall be deemed delivered on the date delivered if by personal delivery or by overnight courier service, or on the date of receipt as disclosed on the return receipt if by mail, or upon confirmation by recipient by email. By giving to the other parties written notice as provided above, the parties to this Agreement and their respective successors and assigns shall have the right from time to time, and at any time during the term of this Agreement, to change their respective addresses.

7.2 Relationship Between SELLER and BUYER. It is hereby acknowledged that the relationship between SELLER and BUYER is not that of a partnership or joint venture and that SELLER and BUYER shall not be deemed or construed for any purpose to be the agent of the other.

7.3 Attorneys’ Fees. If any legal action is instituted to enforce or declare any party’s rights hereunder, each party, including the prevailing party, must bear its own costs and attorneys’ fees. This -10-
subsection shall not apply to those costs and attorneys’ fees directly arising from any third-party legal action against a party hereto and payable under Section 2.2 (“Hazardous Materials; Indemnification”) or Section 7.10 (“Real Estate Brokerage Commission”).

7.4 Successors and Assigns; Assignment. This Agreement shall bind and inure to the benefit of SELLER and BUYER and their respective successors and permitted assigns.

7.5 Entire Agreement, Waivers, and Amendments. This Agreement incorporates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the party to be charged. Any amendment or modification to this Agreement must be in writing and executed by SELLER and BUYER.

7.6 Prohibited Persons and Transactions. SELLER represents to BUYER that it is not a person or entity with whom U.S. persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Control (“OFAC”) of the Department of the Treasury (including those named on OFAC’s Specially Designated and Blocked Persons List) or under any statute, executive order (including the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism), or other governmental action and is not and will not engage in any dealings or transactions or be otherwise associated with such persons or entities.

7.7 Computation of Time. In the event that the day on which a party is required to take any action under the terms of this Agreement is a holiday, Saturday or Sunday, such action shall be taken on the next succeeding business day. The term “holiday” shall mean all holidays as recognized by BUYER.

7.8 Interpretation; Governing Law. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. This Agreement shall be construed in accordance with the laws of the State of California, without regard to conflict-of-interest principles.

7.9 Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.

7.10 Real Estate Brokerage Commission. Seller is represented by Charly Ubaldo, Senior Director, Keller Williams Victor Valley Realty, DRE 02088736. Buyer shall not be responsible for any broker commissions, fees, or concessions. All commissions are the sole responsibility of Seller and shall be handled under a separate agreement between Seller and its broker

7.11 Execution in Counterpart. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both parties hereto, notwithstanding that both parties are not signatories to the original or the same counterpart.

If authorized by law, the parties shall be entitled to manually sign and transmit this Agreement by electronic means (whether by PDF, or other email transmission) andare entitled to electronically sign and transmit this Agreement via DocuSign, AdobeSign, or other similar digital signature software, which signature shall be binding on the party whose name is contained therein. Each party providing an -11-
electronic signature agrees to promptly execute and deliver to the other party anoriginal signed Agreement upon request.

7.12 Exhibits. Exhibits “A” and “B” are attached to this Agreement and are incorporated herein by this reference and made a part hereof.

7.13 No Withholding as Foreign Seller. SELLER represents and warrants to BUYER that SELLER is not, and as of the Close of Escrow will not be, a foreign person within the meaning of Internal Revenue Code section 1445 and that it will deliver to BUYER on or before the Close of Escrowa nonforeign affidavit on Escrow Holder's standard form pursuant to Internal Revenue Code section 1445(b)(2) and the Regulations promulgated thereunder and a California Form 590-RE.

8. APPROVAL BY CITY COUNCIL: This Agreement is subject to and shall have no force or effect until and unless approved by the City of Victorville City Council for SELLER. [Signatures on next page]
-12-
IN WITNESS WHEREOF, SELLER and BUYER have entered into this Agreement as of the datefirst set forth above.

BUYER:

City of Victorville
By: Keith C. Metzler
Title: City Manager
Date:

ATTEST:

Jennifer Thompson, City Clerk
APPROVED AS TO FORM:

Andre de Bortnowsky, City Attorney
SELLER::

JAVIER TORRES ROSAS
By:

Title:

Date:
-13-

ACCEPTANCE BY ESCROW HOLDER
The undersigned hereby acknowledges that it has received a fully executed copy of the foregoing Purchase and Sale Agreement and Joint Escrow Instructions and agrees to act as Escrow Holder thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder. , 2026 By:

Name:

Title:
-14-
EXHIBIT “A”
Legal Description of the Property
ASSESSOR’S PARCEL NUMBER 0478-042-17
-15-
EXHIBIT “B”

GRANT DEED
Follows this page
Item Number: 23
City Council / Board of Directors
Written Communications
Meeting of: April 7, 2026
Submitted By:

Heather Barber, Human Resources Officer
Sandra Bostick, Assistant Director of Human Resources

Subject:

Award of a Consultant/Professional Services Provider Agreement for the Single Jurisdiction Local Hazard Mitigation Plan Update
Recommendation:

That the Honorable City Council:
(1) Adopt Resolution No. 26-024, approving a budget amendment for Fiscal Year 2025-26 budget to appropriate $164,325 in both revenue and expenditures related to the Hazard Mitigation Grant Program; and
(2) Award a Consultant/Professional Agreement to Michael Baker International, Inc. in the amount of $150,190 for a Single Jurisdiction Local Hazard Mitigation Plan Update, Project MS26-076.

Fiscal Impact:

The recommended action will result in a fiscal impact of $164,325. In January 2025, the City was awarded $164,325 in grant funding through FEMA’s Hazard Mitigation Grant Program (HMGP). The grant requires a 25% non-federal match commitment, estimated at $54,775, which is expected to be funded by staff wages associated with the project.

The table below provides a breakdown of the appropriations:

Furthermore, the Consultant/Professional Agreement with Michael Baker International, Inc. will result in expenditures of $150,190 for a Single Jurisdiction Local Hazard Account String Account Name Amount
2756080-43120-20264 25 HZRD MITIGTN (Revenues) $164,325 2756080-52300-20264 25 HZRD MITIGTN (Expenditures) $164,325 Mitigation Plan Update. The remaining funds will be expended on eligible project expenses.

Strategic Plan Goal:

This item aligns with Strategic Plan Goal A, Financial Stability. The receipt of grant funding increases revenues for the City and offsets the cost of the City's Local Hazard Mitigation Plan update. With an updated and approved Local Hazard Mitigation Plan, the City will be eligible for Hazard Mitigation assistance, when available. This item also aligns with Strategic Plan Goal B, Public Safety, by proactively identifying hazards, assessing risks to people and infrastructure, and developing targeted mitigation strategies to reduce disaster impacts. Updating the City’s Local Hazard Mitigation Plan strengthens preparedness, reduces vulnerabilities, and enhances the City’s ability to protect lives, property, and essential services.

Background:

Under the Federal Disaster Mitigation Act of 2000, the City of Victorville is required to prepare, adopt, and maintain a Local Hazard Mitigation Plan (LHMP) in order to remain eligible for federal hazard mitigation funding, including grant programs administered by the Federal Emergency Management Agency (FEMA) and the California Governor’s Office of Emergency Services (Cal OES). The City’s current FEMA-approved LHMP was adopted in December 2021 and is set to expire in March 2027. To ensure continued compliance with federal and state requirements, the City must complete a comprehensive update of the plan and obtain both Cal OES and FEMA approval prior to the expiration date.

LHMPs are developed prior to disasters to identify potential hazards that may impact the community. The LHMP serves as a critical planning document that identifies and assesses community risks from natural and human-caused hazards, including potential risk to people, property, and infrastructure, and establishes strategies to reduce long-term vulnerabilities. The LHMP also identifies policies, actions, and tools for long-term implementation to reduce risk and potential losses. Federal regulations require that the plan be updated every five years to reflect changes in the planning area including current FEMA guidance as well as applicable State requirements.

The City Council approved Resolution No. 24-086 on December 17, 2024, authorizing the City Manager to apply, and staff submitted a sub application to Cal OES for FEMA’s Hazard Mitigation Grant Program (HMGP) in late 2024. In January 2025, the City was notified that it had been awarded $164,325 in grant funding to update its single-jurisdiction LHMP with a required non-federal match commitment of $54,775 to support the update.

Discussion:

On December 16, 2025, the City issued a Request for Proposals (RFP) for consulting/professional services to complete the Single Jurisdiction Local Hazard Mitigation Plan update. A total of thirteen (13) proposals were received. A review committee consisting of three City representatives independently evaluated and scored the proposals based on the following criteria:

1. Qualifications and Experience (25 points) - Qualifications and experience of the entity and key personnel assigned to the project.

2. Proposed Approach (25 points) - A description of the intended approach to complete the project, including clarity of understanding of the scope of services to be provided and appropriateness of the proposed services.

3. Timeline (25 points) - Timeline for commencement and completion of the proposed services with a preference to commencing the study as soon as practicable.

4. Reference Check (25 points) - Reference check regarding Consultant's history of providing quality of work, cost effective performance, and responsiveness and timely service.

The results of the evaluation and scoring process are summarized in the table below:

Vendor Average Rating
Michael Baker International, Inc. 89.33
AARC Consultants, LLC 84.33
Integrated Solutions Consulting 82.33
Navigating Preparedness Associates 80.67
Foster Morrison Consulting 75.00
Jacob Green and Associates Inc 70.33
iParametrics, LLC 69.33
Redwood Response, Recovery & Resilience (Redwood 3R) 68.33 Katmai Preparedness Solutions LLC 67.33
Jensen Hughes, Inc. 67.00
Harris & Associates 65.33
Chloeta 62.00
Apex Resilience Group, LLC 23.33
Following the evaluation, Michael Baker International, Inc. (Michael Baker) was selected as the highest overall rated firm, demonstrating the strongest qualifications and experience including a clear and comprehensive project approach and well-defined timeline.

As part of this project, Michael Baker will serve as the project lead, managing the LHMP update through a FEMA-compliant planning process. Michael Baker will coordinate closely with the City’s Risk Management Division along with a multi-departmental Local Planning Team and community stakeholders. Michael Baker will complete a comprehensive risk assessment, including an updated planning area description, hazard identification and profiling, capability assessment, and hazard and critical infrastructure mapping. Additionally, Michael Baker will conduct a vulnerability and risk assessment, develop updated mitigation goals and strategies to reduce identified risks and vulnerabilities, and prepare the Local Hazard Mitigation Plan document.

Additionally, Michael Baker will support a robust public outreach and stakeholder engagement process. This will include facilitation of Local Planning Team meetings, public workshops, development of a community survey, and assistance with digital outreach tools on the City’s webpage. Upon completion, the updated LHMP will be submitted to Cal OES and FEMA for review and approval and subsequently presented to the City Council for adoption. Work on this project is anticipated to be completed in early 2027.

Therefore, staff recommends that the Honorable City Council adopt Resolution No. 26- 024, approving a budget amendment for Fiscal Year 2025-26 budget to appropriate $164,325 in both revenue and expenditures related to the Hazard Mitigation Grant Program and award a Consultant/Professional Agreement to Michael Baker International, Inc. in the amount of $150,190 for a Single Jurisdiction Local Hazard Mitigation Plan Update, Project MS26-076.

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

Prepared By:

Alex M. Garcia, Management Specialist
Attachments: A. Resolution No. 26-024
B. Consultant/Professional Services Provider Agreement – Michael Baker International, Inc.

Attachment A
Resolution No. 26-024
RESOLUTION NO. 26-024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE, CALIFORNIA, AMENDING THE ANNUAL
BUDGET FOR FISCAL YEAR 2025-26 TO INCREASE

REVENUES AND EXPENDITURES FOR THE HAZARD

MITIGATION GRANT PROGRAM (HMGP)
WHEREAS, the Federal Emergency Management Agency (FEMA), through the California Governor’s Office of Emergency Services (Cal OES), administers the Hazard Mitigation Grant Program (HMGP) to provide funding opportunities to provide support for communities to implement mitigation activities to reduce the risk of loss of life and property from future natural disasters; and
WHEREAS, the City of Victorville’s Local Hazard Mitigation Plan is set to expire in March of 2027, and therefore the City identified a need to apply for the HMGP; and WHEREAS, the Victorville City Council previously adopted Resolution No. 24-086 on December 17, 2024, authorizing the City Manager to apply for, execute the funding agreement for, and accept funds for the HMGP; and
WHEREAS, the City was notified by Cal OES in January 2025 that grant funds have been awarded to the City of Victorville for the update of its Local Hazard Mitigation Plan; and 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 2025-26; and WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 30, 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, after preparation of the budget, a need to amend the budget is being recommended to the Council for approval of the addition of the Hazard Mitigation Grant Program funds; and
WHEREAS, the City Manager or his designee will provide all necessary justification for the budget amendment in the associated City Council agenda report for this resolution.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. That the annual budget for the fiscal year 2025-26 for the City of Victorville be hereby amended to reflect additional revenue and appropriations for the Hazard Mitigation Grant Program in the following amounts:

Account String Account Name Amount
2756080-43120-20264 25 HZRD MITIGTN (Revenues) $164,325 2756080-52300-20264 25 HZRD MITIGTN (Expenditures) $164,325 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 to use by City departments, offices and subsidiary districts of the City.

Section 3. This Resolution shall take effect immediately upon its adoption.

Attachment B
Consultant/Professional
Services Provider Agreement
– Michael Baker
International, Inc.
1 Consultant/Professional Services Provider Agreement/Michael Baker International, Inc./Project MS26- 076

CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE
AND
MICHAEL BAKER INTERNATIONAL, INC.

FOR

SINGLE JURISDICTION LOCAL HAZARD MITIGATION PLAN UPDATE, PROJECT MS26-076
THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), dated this __________________ day of ______________, 20___, for reference purpose only, is made and entered into by and between THE CITY OF VICTORVILLE, a municipal corporation located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, and Michael Baker International, Inc., a California corporation, hereinafter referred to as “Consultant.” City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.” RECITALS:

WHEREAS, the City requires Consultant/Professional Services to provide Single Jurisdiction Local Hazard Mitigation Plan Update as described in the Request for Proposals (“RFP”) issued for Project No. MS26-076 (the “Project”) ; and WHEREAS, Consultant provided a response to the RFP for said Project and following an evaluation process was selected by the City to be the provider of Single Jurisdiction Local Hazard Mitigation Plan Update; and
WHEREAS, Consultant represents that it is fully qualified to perform the professional services required for performance under this Agreement by virtue of its experience and the training, education and expertise of its principals and its employees; and WHEREAS, in light of the facts set forth above, the City desires to retain the services of a qualified Consultant to provide, on an independent contractor basis, Single Jurisdiction Local Hazard Mitigation Plan Update for the Project.

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

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE

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

Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein. 2 Consultant/Professional Services Provider Agreement/Michael Baker International, Inc./Project MS26- 076
Section 2. SCOPE OF SERVICES
Consultant shall provide to the City those services set forth in the Scope of Services, attached hereto as Exhibit “A” and incorporated as part of this Agreement by this reference.

Section 3. COMPENSATION
The City shall pay to Consultant a sum not to exceed One Hundred Fifty Thousand One Hundred Ninety and 00/100 Dollars ($150,190.00) for faithful performance of the services to be rendered under this Agreement, subject to the Proposal provisions of Section 4, below. No expense reimbursements, including, but not limited to, reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless such expense reimbursements: (i) are specifically provided for and described by nature and type in Exhibit “B”, below; (ii) appear on Consultant’s monthly invoices to City; (iii) are supported by the appropriate receipts and other such documentation as the City shall require; and (iv) are directly related to the Scope of Services to be performed under this Agreement. In addition, any and all reimbursements shall be made in accordance with any City policy governing same.

Section 4. COST PROPOSAL
The City shall pay Consultant as provided in the Cost Proposal, attached hereto as Exhibit “B” and incorporated as part of this Agreement by this reference. The provisions of Exhibit “B” notwithstanding, in order to receive payments, Consultant shall be required to submit to the City detailed monthly invoices which include, if applicable, a description of all services/tasks performed, the number of hours expended on each service/task, the name of the person performing the service/task, and expense reimbursement information, if any, as required by Section 3, above. Provided that services have been satisfactorily rendered, invoices shall be paid by the City approximately thirty (30) working days following receipt of Consultant’s invoice.

Section 5. RESERVED
Section 6. TERM OF AGREEMENT
This Agreement shall be for an Initial Term of one (1) year, commencing on the date of full execution of the Agreement (the “Commencement Date”) and expiring on one year from the Commencement date (the “Termination Date”) (the “Term”), unless terminated earlier pursuant to Section 21 of this Agreement. From and after the Termination Date, and upon subsequent Agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 21 below.

This Agreement may be extended for two (2) additional one-year periods (hereinafter “Option Period”), at the option of the City, subject to satisfactory performance as determined by the City. City shall give Consultant sixty (60) days advance written notice prior to the expiration of the initial Term and sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the City decide to exercise its option(s) to extend. In the event City does not give Consultant such written notice of its option to extend, this Agreement shall terminate at the end of the then-current Term or Option Period without 3 Consultant/Professional Services Provider Agreement/Michael Baker International, Inc./Project MS26- 076
further notice from either Party, unless terminated earlier pursuant to the provisions of Section 21 below. Should the City fail to give Consultant the sixty (60) days written notice of its intention to exercise any Option Period, the City may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Consultant.

Section 7. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the Parties that Consultant is an independent contractor and not an employee, agent, joint venture, or partner of the City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Consultant or any employee or agent of Consultant. Both Parties acknowledge that Consultant is not an employee for state or federal tax purposes or any other purpose. Consultant shall retain the right to perform services for others during the term of this Agreement.

Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS OF

CONSULTANT
a. Consultant represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. (3) The services described in this Agreement can be performed without the use of City equipment, materials, tools, or facilities, unless otherwise provided under a separate Agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.
(5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other such compensation to any person employed by Consultant to perform the services described in this Agreement. (6) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City. b. The City represents and acknowledges the following:
(1) Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement. 4 Consultant/Professional Services Provider Agreement/Michael Baker International, Inc./Project MS26- 076
(2) The City will not hire, supervise, or pay any employees or assistants working for Consultant pursuant to this Agreement.
(3) Nothing in this Agreement shall be interpreted to imply that Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(4) It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement. (5) Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement. (6) Unless deemed necessary under certain circumstances, Consultant is not required to perform the services set forth in this Agreement at City Hall or on City-owned property.
(7) Other than attendance at required public meetings and public hearings, and complying with the provisions of the Proposal set forth in Exhibit B and any procedural requirements set forth by law, Consultant is not required to perform the services set forth in this Agreement in any particular order or sequence.
(8) Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.

Section 9. NOT AGENT OF THE CITY
a. Nothing contained in this Agreement shall be deemed, construed, or represented by the City or Consultant or by any third person to create the relationship of principal and agent. b. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.

Section 10. LICENSES AND PERMITS
Consultant represents that it has obtained and will maintain at all times during the Initial Term (and during the Option Period, if applicable) of this Agreement all business licenses, including but not limited to a City of Victorville business license, professional licenses or certifications, or permits necessary for performing the services described in this Agreement.

Section 11. STANDARD OF PERFORMANCE; WARRANTY
a. Consultant agrees to perform all services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar services under similar conditions in the same or similar locality. Such services shall also be performed in a manner 5 Consultant/Professional Services Provider Agreement/Michael Baker International, Inc./Project MS26- 076
which is reasonably satisfactory to Heather Barber, Human Resources Officer, or her designee.
b. By executing this Agreement, Consultant warrants that it:
(1) Has thoroughly investigated and considered the services and work to be performed;
(2) Has investigated the issues regarding the scope of services to be provided;
(3) Has carefully considered how the services and related work should be performed; and
(4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement.

Section 12. FAMILIARITY WITH WORK
Should Consultant discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the City, Consultant shall immediately inform the City of such fact and shall not provide any services, except at Consultant's risk, until written instructions are received from Heather Barber, Human Resources Officer, or her designee.

Section 13. CONFLICTS OF INTEREST
Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s services under this Agreement. Consultant further covenants that in the performance of services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it. In the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.

Section 14. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including any rule, regulation, or bylaw governing the conduct or performance of Consultant or its employees, officers, or board members.

Section 15. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY

INSURANCE
a. Consultant shall procure and maintain at its own expense, during the Initial Term of this Agreement (and during the Option Period, if applicable), Commercial General Liability 6 Consultant/Professional Services Provider Agreement/Michael Baker International, Inc./Project MS26- 076
Insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by Consultant or its officers, employees, servants, volunteers, and agents and independent contractors.
b. Consultant shall further procure and maintain, at its own expense, during the Initial Term of this Agreement, (and during the Option Period, if applicable), Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Consultant or its officers, employees, servants, volunteers, agents and independent contractors in performing the services required by this Agreement.

Section 16. WORKERS' COMPENSATION INSURANCE
a. Consultant shall procure and maintain at its own expense, during the Initial Term of this Agreement (and during the Option Period, if applicable), Workers' Compensation Insurance, providing coverage as required by the California State Workers' Compensation Law. b. If any class of employees employed by the Consultant pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Consultant shall provide adequate insurance for the protection of such employees to the satisfaction of the City.

Section 17. PROFESSIONAL LIABILITY INSURANCE
a. Professional Liability Insurance or Errors and Omissions insurance as appropriate to Consultant’s profession shall be required and written on a policy form specifically designed to provide coverage for and protect against the negligent acts, errors and omissions of the Consultant in the performance of the services required by this Agreement. A minimum limit of $1,000,000 per claim and in the aggregate must be provided.

Section 18. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation and Professional Liability, shall be endorsed to name the City and its officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.

Section 19. WAIVER OF SUBROGATION RIGHTS
Consultant shall require the carriers of all required insurance policies, to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, and independent contractors and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
7 Consultant/Professional Services Provider Agreement/Michael Baker International, Inc./Project MS26- 076
Section 20. PROOF OF INSURANCE COVERAGE; REQUIRED

ENDORSEMENTS
a. Consultant shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Agreement and furnish to the City Clerk certificates of insurance evidencing the required coverage, and policy endorsements at least two (2) weeks prior to the commencement of any services to be performed under this Agreement.
b. The policies and certificates of insurance shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
c. Each policy and certificate of insurance shall be endorsed to provide that the policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.
d. Each policy and certificate of insurance shall be endorsed to provide that the policy will be maintained throughout the Initial Term (and during the Option Period, if applicable), of this Agreement.
e. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this contract, the Consultant’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.” Section 21. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
8 Consultant/Professional Services Provider Agreement/Michael Baker International, Inc./Project MS26- 076
Section 22. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.

Section 23. INDEMNIFICATION
a. Except as set forth in Subsection b of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.
b. The provisions of this Subsection b apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. (1) Notwithstanding the provisions of Subsection a above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement. (2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference.

Nothing in this Subsection b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees. c. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
d. The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.
9 Consultant/Professional Services Provider Agreement/Michael Baker International, Inc./Project MS26- 076
Section 24. REPORTS
Upon request by Heather Barber, Human Resources Officer, or her designee or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the services required by this Agreement.

Section 25. RECORDS
a. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Heather Barber, Human Resources Officer, or her designee, to evaluate the cost and the performance of such services. b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
c. Heather Barber, Human Resources Officer, or her designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. d. Records and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to Heather Barber, Human Resources Officer, or her designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.

Section 26. RESERVED
Section 27. CONFIDENTIALITY; OWNERSHIP OF WORK
a. Any and all documents and information obtained from the City or prepared by Consultant for the City shall be kept strictly confidential unless otherwise provided by applicable law. All City data, documents and information shall be returned to the City upon termination of the Agreement.
b. Any drawings, specifications, reports, records, documents, or other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of Heather Barber, Human Resources Officer, or her designee or as required by applicable law. c. Consultant shall not disclose to any other entity or person any information regarding the activities of the City, except with the prior written approval of Heather Barber, Human Resources Officer, or her designee or as required by applicable law. d. All original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the property of the City and shall be surrendered to the City upon the completion of Consultant’s services or when requested by Heather Barber, 10 Consultant/Professional Services Provider Agreement/Michael Baker International, Inc./Project MS26- 076
Human Resources Officer, or her designee. Such materials may be used, reused or otherwise disposed of by the City without the permission of Consultant. e. Consultant’s covenants under this Section 27 shall survive the termination of this Agreement.

Section 28. PRINCIPAL REPRESENTATIVES
a. Noelle Anderson, AICP, is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement. b. Heather Barber, Human Resources Officer, or her designee, shall be the principal representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement. c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.

Section 29. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES a. This Agreement may be modified or amended only by a written instrument signed by both Parties.
b. During the Initial Term, the City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of Single Jurisdiction Local Hazard Mitigation Plan Update, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.

Section 30. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous Agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and Agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or Agreements have been made by or on behalf of any Party, except those covenants and Agreements in this Agreement. c. No Agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party. 11 Consultant/Professional Services Provider Agreement/Michael Baker International, Inc./Project MS26- 076
Section 31. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.

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

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

To the City: Heather Barber, Human Resources Officer
Human Resources Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Consultant: Richard Beck, Vice President/Office Executive Michael Baker International, Inc.
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 33. NON-LIABILITY OF CITY OFFICERS AND

EMPLOYEES
No officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Consultant or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
12 Consultant/Professional Services Provider Agreement/Michael Baker International, Inc./Project MS26- 076
Section 34. REVIEW BY ATTORNEYS
Each Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.

Section 35. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.

Section 36. ASSIGNMENT
This Agreement shall not be assigned by either Party without prior written consent of the other Party.

Section 37. CARE OF WORK
The performance of services by Consultant or the payment of money by the City shall not relieve Consultant from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such incomplete, inaccurate or defective work is due to the negligence of Consultant.

Section 39. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.

Section 40. GENDER
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another. 13 Consultant/Professional Services Provider Agreement/Michael Baker International, Inc./Project MS26- 076
Section 41. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.

Section 43. DEFAULT
a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder.
b. The Party claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. c. Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.

Section 44. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
14 Consultant/Professional Services Provider Agreement/Michael Baker International, Inc./Project MS26- 076
Section 45. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.

Section 47. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Consultant, approved by the City’s Risk Manager, and executed by the authorized City personnel or Mayor.

Section 48. REPRESENTATIONS OF PARTIES AND PERSONS

EXECUTING AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.

Section 49. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement. (END OF THIS PAGE)
15 Consultant/Professional Services Provider Agreement/Michael Baker International, Inc./Project MS26- 076
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.

THE CITY OF VICTORVILLE MICHAEL BAKER INTERNATIONAL,
INC.

By: ______________________________ By: ____________________________ Elizabeth Becerra, Richard Beck,
Mayor Vice President/Office Executive
Dated: ___________________________ Dated: _________________________ ATTEST
By: ______________________________
Jennifer Thompson,
City Clerk
Dated: ___________________________
APPROVED AS TO STANDARD FORM:

By: ______________________________
Andre de Bortnowsky,
City Attorney

Dated: ___________________________
By: ______________________________
Sandra Bostick,
Risk Manager
Dated: ___________________________
16 Consultant/Professional Services Provider Agreement/Michael Baker International, Inc./Project MS26- 076

EXHIBIT A

SCOPE OF SERVICES

SCOPE OF WORK
Scope of Work
A general Scope of Work has been prepared for use by consultants as a basis for responding to this RFP.

Please note that all items necessary for the successful planning, preparation, approval, and adoption of this SJLHMP may not be included in this Scope of Work, and the Consultants responding to this request shall take the type and magnitude of this project into account when submitting their proposal.

Respondents to this RFP are expected to identify in their proposals any modifications to the proposed Scope of Work that may be necessary to achieve successful completion, approval, and adoption of the SJLHMP.

The consultant will perform the following major tasks in close coordination with the City’s Risk Manager and the Local Planning Team (LPT):

Task 1: Project Management and Coordination
• Attend a project kickoff meeting with City staff and the Local Planning Team (LPT) to confirm the project timeline, communication protocols, deliverables, and roles and responsibilities. • Serve as primary facilitator and lead of the planning team in partnership with the City’s Risk Manager.
• Document the planning process, including identifying which existing plans, studies, reports, and technical data were reviewed and how each was incorporated into the updated SJLHMP. • Serve as lead author for the final SJLHMP, ensuring that all required elements of 44 CFR § 201.6 are addressed and that the plan aligns with FEMA’s Local Mitigation Planning Policy Guide (2022) and Local Mitigation Planning Handbook (2023).
• Provide project management updates, including regular written status reports, meeting summaries, and schedule updates to the City’s Risk Manager. • Maintain a master project schedule and deliverables tracker to ensure milestones are completed on time.

Task 2: Hazard Identification and Capability Assessment • Following FEMA’s Local Mitigation Planning Handbook, develop the SJLHMP with an emphasis on Task 1 – Determine Planning Area and Resources, Task 4 – Review Community Capabilities, and Task 5 – Conduct a Risk Assessment to meet requirements of Elements B and C in the Local Mitigation Planning Policy Guide. This will include an updated description of all hazards that can affect the City in the planning area.
• Review the planning area which follows the geographic boundaries of the City’s jurisdiction and prepare a map showing the area covered.

EXHIBIT A
SCOPE OF WORK, PROJECT MS26-076
17/ Consultant/Professional Services Provider Agreement/Michael Baker International, Inc./Project MS26-076 • Review and assess the City’s existing hazard mitigation capabilities, including the existing authorities, policies, programs, regulations, plans, funding and resources available to identify strengths, limitations, and opportunities for improvement. Include discussion of existing building codes, land use, and development ordinances or regulations. • Review state, federal, and local data sources, including GIS technology, to identify natural and human-caused hazards impacting the planning area and evaluate localized variations in risk across neighborhoods or geographies. For each hazard, gather historical event data, extent, frequency/probability, spatial variation, and document new or emerging hazards since the last plan.
• Present a history of past hazard events including examples such as hazardous materials spills at the airport, extreme heat conditions, high winds and severe storms, structure fires, and Tropical Storm Hillary.
• Review the California State Hazard Mitigation Plan, San Bernardino County Hazard Mitigation Plan, the CalOES MyHazards tool, FEMA’s National Risk Index for Natural Hazards, and NOAA’s National Centers for Environmental Information Storm Events Database to evaluate hazards affecting the planning area.
• Coordinate with the Local Planning Team, partner agencies, and key stakeholders to validate hazard identification and capability findings. Engage the public and stakeholders through outreach to inform hazard identification.
• Consider hazard probabilities, prioritize hazards based on risk and potential impact, and include consideration of socially vulnerable populations and unique community needs when assessing hazard risk and community capabilities.

Task 3: Risk Assessment
• Update risk assessments for all identified hazards, evaluating location, extent, history, probability, vulnerability, and impacts. During the risk assessment:
o Each new hazard will be profiled to describe hazard history, probability, vulnerability, and impacts.
o Existing hazard profiles will be reviewed and updated, as needed. • Assess risk to community assets by:

A. Describing the vulnerability of each community asset, system, and population to hazards.

B. Estimating potential damage for each hazard to assets in the hazard area.

C. Describing how population affects overall risk.

D. Incorporating climate change projections to evaluate impacts on hazard frequency, severity, and future risk.

E. Addressing repetitively flooded NFIP-insured structures, including estimated number and type.

EXHIBIT A
SCOPE OF WORK, PROJECT MS26-076
18/ Consultant/Professional Services Provider Agreement/Michael Baker International, Inc./Project MS26-076 F. Assessing land use patterns and development trends in identified hazard-prone areas. • Assess community vulnerability with an emphasis on risk to socially vulnerable populations and people with access and functional needs, estimated to include up to 10% of the City’s population. This population includes individuals of all ages with vision and hearing loss, physical disabilities, mental health disabilities, developmental, intellectual and other cognitive disabilities, behavioral health issues, people with learning, understanding, remembering, reading, and speech and mobility limitations, and people from diverse cultures who may have limited English proficiency or are non-English speaking, and who are transportationdisadvantaged. • Conduct loss estimations using Hazus Level 2 or other FEMA-approved methodologies, to be determined collaboratively with City staff to ensure compliance with FEMA planning guidelines.

Task 4: Mitigation Strategy Development
• Use the results from the updated risk assessment to inform the mitigation strategy, ensuring that each proposed action directly addresses identified hazards, vulnerabilities, and impacts. • Review and document prior mitigation actions and their status, identifying how current mitigation actions have been improved through efforts to strengthen infrastructure, enhance warning systems, and increase community preparedness to reduce vulnerabilities to natural disasters. • Designate a representative (e.g., Local Floodplain Manager/Floodplain Administrator) to implement FEMA National Flood Insurance Program (NFIP) requirements as part of the SJLHMP update process.
• Develop a comprehensive range of mitigation options, including risk-reducing projects, local plans and regulations, structural and infrastructure improvements, protection of natural resources and systems, and education and awareness programs. • Document all mitigation actions considered, providing clear links between proposed actions and the vulnerabilities or impacts identified in the risk assessment. Include actions for alleviating data deficiencies or building up capabilities related to mitigation implementation. • Integrate the final mitigation strategy and prioritized actions into other local plans and capital improvement programs to ensure consistency and coordinated implementation.

Task 5: Plan Preparation and Drafting
• Designate the City’s Risk Manager as Chair of the LPT and primary point of contact for the project.

Assign specific roles and responsibilities during the project kickoff meeting. • Serve as the lead author responsible for plan drafting, integration of input, and ensuring compliance with all applicable state and federal requirements under the Disaster Mitigation Act (DMA) and Flood Mitigation Assistance (FMA) Program.
• Update the plan in accordance with FEMA’s Local Mitigation Planning Policy Guide and Local Mitigation Planning Handbook, along with relevant Cal OES guidance and supporting documents.

EXHIBIT A
SCOPE OF WORK, PROJECT MS26-076
19/ Consultant/Professional Services Provider Agreement/Michael Baker International, Inc./Project MS26-076 • Develop the first draft of the updated SJLHMP to include:

A. Definition of the planning area.

B. Establishment of the Local Planning Team and documentation of member roles.

C. Description of the outreach strategy and methods used for stakeholder engagement.

D. Assessment of capabilities and resources of the jurisdiction.

E. In-depth risk assessment of natural hazards that can impact the planning area F. A mitigation strategy developed to reduce the vulnerabilities identified in the risk assessment.

G. Plan maintenance procedures and continuing public involvement strategy. • Present the first draft to the LPT for review and comment and incorporate feedback to produce a draft that is then posted for public review and comment. The updated SJLHMP must meet state and federal criteria.
• Submit the updated draft plan to Cal OES for review and comment. Following receipt of feedback, revise and resubmit the final draft through Cal OES for FEMA review. • The City will incorporate the final adopted SJLHMP into the City’s Safety Element of the General Plan for AB 2140 compliance.

Task 6: Public Outreach and Stakeholder Engagement
• The hired consultant will document each step of the planning process, including, but not limited to, meeting schedules, attendance, discussion topics, and decisions or outcomes. • The local planning team will hold at least four (4) planning team meetings during the update process, with a minimum of two (2) meetings including participation from the public and stakeholders.
• The updated plan will clearly identify all local representatives and participants involved in the planning process, including their roles, meetings attended, and feedback provided. • The planning team will provide multiple opportunities for public and stakeholder participation throughout the planning process and will document how these opportunities were presented.

This may include updates to the City’s website, social media outreach or campaigns, informational booths at city events, targeted email outreach, and educational workshops. • Engage stakeholders and the public throughout the process via surveys, questionnaires, targeted email outreach, educational workshops, and public meetings, ensuring feedback is documented and incorporated into the updated SJLHMP.
• Invited stakeholders will include:
o Local and regional agencies involved in hazard mitigation activities o Agencies with the authority to regulate development
o Neighboring communities

EXHIBIT A
SCOPE OF WORK, PROJECT MS26-076
20/ Consultant/Professional Services Provider Agreement/Michael Baker International, Inc./Project MS26-076 o Representatives from businesses, academia, and other private organizations o Representatives from nonprofit and community-based organizations that work directly with and/or provide support to underserved communities and socially vulnerable populations. • The local planning team will ensure underserved communities and vulnerable populations within the planning area are actively included during both the plan update process and the public comment period.
• The planning team will create tailored outreach campaigns to include those communities typically unable to participate in the planning process. • All public and stakeholder input will be documented, evaluated, and incorporated into the updated SJLHMP.

Task 7: Plan Review, Approval, and Adoption
• Once the final draft of the updated plan is complete, the Local Planning Team will confirm that the content meets 44 CFR Part 201 requirements and follows all steps outlined in the FEMA Local Mitigation Planning Handbook and Local Mitigation Planning Policy. • After internal review and approval, the plan will be submitted to Cal OES for state-level review. • The planning team will remain actively engaged throughout the review process and will make revisions as requested by Cal OES or FEMA.
• The City anticipates allocating approximately 18 months within the planning period for the Cal OES and FEMA review and approval process.
• Once FEMA determines the plan is approvable pending adoption, the planning team will schedule a formal meeting with the City’s governing body to adopt the plan by resolution. • All adoption resolutions will be submitted to FEMA for final review and recordkeeping. • Following FEMA’s final approval, the City will distribute the approved plan to the public, all stakeholders, and participating agencies to ensure broad awareness and implementation support.

EXHIBIT A
SCOPE OF WORK, PROJECT MS26-076
21/ Consultant/Professional Services Provider Agreement/Michael Baker International, Inc./Project MS26-076 17 Consultant/Professional Services Provider Agreement/Michael Baker International, Inc./Project MS26- 076

EXHIBIT B

COST PROPOSAL
See Attachment
City of Victorville
RFP No. MS26-076: Single Jurisdiction Local Hazard Mitigation Plan Update $ One Hundred Fifty Thousand, One Hundred Ninety Dollars TOTAL NOT-TO-EXCEED FEE in words:

Item No.
1 2
3 4
5 6
Item No. Description Total Hours Unit Price Total Amount 1 Task 1.1 In-Person Kick-Off Meeting 30 $159.33 $4,780.00 2 Task 1.2 Planning Process Documentation 32 $135.63 $4,340.00 3 Task 1.3 Biweekly Virtual Coordination Meetings, Project Management, Schedule Reports 46 $153.48 $7,060.00
Item No. Description Total Hours Unit Price Total Amount 1 Task 2.1 Update to Planning Area Description 18 $141.11 $2,540.00 2 Task 2.2 Hazard Identification and Profiles 92 $138.15 $12,710.00 3 Task 2.3 Capability Assessment 20 $133.00 $2,660.00
Item No. Description Total Hours Unit Price Total Amount 1 Task 3.1: Hazard and Critical Infrastructure Mapping 78 $134.36 $10,480.00 2 Task 3.2: Vulnerability Assessment 84 $136.67 $11,480.00 Item No. Description Total Hours Unit Price Total Amount 1 Task 4.1: Develop Mitigation Goals 14 $129.29 $1,810.00 2 Task 4.2: Review and Document Mitigation Progress 14 $139.29 $1,950.00 3 Task 4.3: Develop Comprehensive Range of Mitigation Actions 54 $152.04 $8,210.00 Item No. Description Total Hours Unit Price Total Amount 1 Task 5.1: Prepare Draft Local Hazard Mitigation Plan 172 $147.33 $25,340.00 Item No. Description Total Hours Unit Price Total Amount 1 Task 6.1: Organize Hazard Mitigation Planning Committee 12 $136.67 $1,640.00 2 Task 6.2: Local Planning Team Meetings 112 $155.80 $17,450.00 3 Task 6.3: Public Meetings and Digital Outreach 176 $139.60 $24,570.00 Item No. Description Total Hours Unit Price Total Amount 1 Task 7.1 Monitoring, Evaluating, and Updating 12 $136.67 $1,640.00 2 Task 7.2 Final Plan Approvals and Adoption 58 $164.31 $9,530.00 ODC $2,000.00
TOTAL: $150,190.00
Proposers shall fully complete this Proposal Sheet and return it with their submittal. All proposal costs shall include respective itemized costs associated with all labor, equipment, materials, transportation, overhead, travel, profit, insurance, sales and other taxes, licenses, incidentals and all related costs necessary to provide a Single Jurisdiction Local Hazard Mitigation Plan Update for the City. At any time, the City may require that these costs be itemized.

Additionally, Proposer shall include with their proposal, an itemized "Fee Schedule", in conjunction with this Bid Sheet.

Total NOT-TO-EXCEED FEE to Provide Single Jurisdiction Local Hazard Mitigation Plan Update, as required by Request for Proposal number MS26-076:

Labor Category / Position Title
Project Manager
Principal/QAQC
Hourly Rate
TASKS
LABOR
TASK TWO: HAZARD IDENTIFICATION AND CAPABILITY ASSESSMENT TASK THREE: RISK ASSESSMENT
$195.00
$300.00
GIS Analyst $120.00
Senior Planner
Associate Planner
Assistant Planner
$155.00
$135.00
$120.00
TASK FOUR: MITIGATION STRATEGY DEVELOPMENT
TASK FIVE: PLAN PREPARATION AND DRAFTING
TASK SIX: PUBLIC OUTREACH AND STAKEHOLDER ENGAGEMENT
TASK SEVEN: PLAN REVIEW, APPROVAL, AND ADOPTION
TASK ONE: PROJECT MANAGEMENT AND COORDINATION

EXHIBIT B
COST PROPOSAL, PROJECT MS26-076
23/ Consultant/Professional Services Provider Agreement/Michael Baker International, Inc./Project MS26-076 Total Budget by Staff Member
Project Manager Principal/QAQC Senior Planner Associate Planner Assistant Planner GIS Analyst Noelle Anderson Richard Beck
Niek Veraart
Michael Yaffe
Valerie Clark
Frankie Zito
Brittany Dremluk
Casey Marchese
Jennifer Gutierrez
Jake Poland
Audrey Tamayo Jeffrey Karmazin
$195 $300 $155 $135 $120 $120
TASK ONE: PROJECT MANAGEMENT AND COORDINATION $16,180 Task 1.1 In-Person Kick-Off Meeting 10 2 2 16 30 $4,780 Task 1.2 Planning Process Documentation 2 10 20 32 $4,340 Task 1.3 Biweekly Virtual Coordination Meetings, Project Management, Schedule Reports 10 20 6 4 6 46 $7,060 TASK TWO: HAZARD IDENTIFICATION AND CAPABILITY ASSESSMENT $17,910 Task 2.1 Update to Planning Area Description 2 4 6 6 18 $2,540 Task 2.2 Hazard Identification and Profiles 4 2 16 30 40 92 $12,710 Task 2.3 Capability Assessment 4 8 8 20 $2,660 TASK THREE: RISK ASSESSMENT $21,960 Task 3.1 Hazard and Critical Infrastructure Mapping 4 2 8 12 12 40 78 $10,480 Task 3.2 Vulnerability Assessment 4 4 4 16 16 40 84 $11,480 TASK FOUR: MITIGATION STRATEGY DEVELOPMENT $11,970 Task 4.1 Develop Mitigation Goals 2 4 8 14 $1,810
Task 4.2 Review and Document Mitigation Progress 6 4 4 14 $1,950 Task 4.3 Develop Comprehensive Range of Mitigation Actions 6 4 10 14 20 54 $8,210 PHASE FIVE: PLAN PREPARATION AND DRAFTING $25,340 Task 5.1 Prepare Draft Local Hazard Mitigation Plan Administrative Draft Local Hazard Mitigation Plan 8 4 20 30 40 4 106 $15,190 Public Review Draft Local Hazard Mitigation Plan 8 4 20 14 16 4 66 $10,150 TASK SIX: PUBLIC OUTREACH AND STAKEHOLDER ENGAGEMENT $43,660 Task 6.1 Organize Hazard Mitigation Planning Committee 4 4 4 12 $1,640 Task 6.2 Local Planning Team Meetings 40 2 10 20 40 112 $17,450 Task 6.3 Public Meetings and Digital Outreach
LHMP Visual Branding and Style Guide 2 6 4 10 4 26 $3,540 Two (2) In-Person Public Workshops or Pop-Up Events 20 2 12 20 50 4 108 $15,540 Community Survey 2 8 8 18 $2,350 Web Content and Graphics 4 8 8 4 24 $3,140
TASK SEVEN: PLAN REVIEW, APPROVAL, AND ADOPTION $11,170 Task 7.1 Monitoring, Evaluating, and Updating 4 4 4 12 $1,640 Task 7.2 Final Plan Approvals and Adoption
LHMP Submittal to Cal OES and FEMA 4 10 12 26 $4,190
City Council Adoption 20 12 32 $5,340
TOTAL HOURS 140 30 178 212 358 106 1,024LABOR COSTS BY TASK $27,300 $9,000 $27,590 $28,620 $42,960 $12,720 $148,190
$2,000
$150,190
Total Hours Total Cost

SUBTOTAL
ODC
TOTAL
Request for Single Jurisdiction Local Hazard Mitigation Plan Update Services, RFP MS26-076City of Victorville, CaliforniaJanuary 22, 2026

EXHIBIT B
COST PROPOSAL, PROJECT MS26-076
24/ Consultant/Professional Services Provider Agreement/Michael Baker International, Inc./Project MS26-076 Item Number: 24
City Council / Board of Directors
Written Communications
Meeting of: April 7, 2026
Submitted By:

Doug Mathews, Director of Public Works and Water

Subject:

Award of a Construction Agreement with RMS Construction Services for the Installation of a Compressed Natural Gas Skid, Project JM26-028
Recommendation:

That the Honorable City Council award a construction contract to RMS Construction (RMS) in the amount of $130,522.00 for the installation of the Compressed Natural Gas (CNG) Skid at the McArt Road CNG Station, Project JM26-028.

Fiscal Impact:

Approval of this contract will have a fiscal impact of $130,522.00. Funds for this expenditure have been appropriated in the Fiscal Year 2025–2026 Capital Improvement Plan (CIP) Budget in the Alternative Fuels Fund 120. Sufficient funding is available in the following account:

Account Available Balance
1205302-55040-70736 $163,929.40
Strategic Plan Goal:

This item aligns with Strategic Goal E, Invest in Infrastructure, which focuses on creating a healthy and livable community by maintaining the City’s assets through infrastructure investment and innovations. Installing the new CNG Skid will ensure the continued reliable operation of the McArt Road CNG Station.

Background:

The City of Victorville owns and operates two CNG fueling stations located at:
• 16690 D Street
• 14201 McArt Road
These stations provide CNG fuel to City fleet vehicles, commercial customers, and members of the public. Each station operates using a compressor skid, which is a packaged unit consisting of a compressor, electric motor, cooling system, and control components. The skid compresses incoming natural gas from low inlet pressure to approximately 4,000 pounds per square inch (psi), allowing it to be dispensed as compressed natural gas fuel. The skid is the primary mechanical component of the station and is essential for continued operation.

On October 15, 2024, the City Council approved the procurement of a replacement CNG skid for the McArt Road CNG Station and awarded the purchase to Atlas Copco Compressors, LLC . That approval covered acquisition of the equipment only. Installation services were not included, as the manufacturer does not provide installation.

To complete the project and place the new skid into service, a separate construction contract is required for removal of the existing compressor unit, installation of the new skid, structural modifications, electrical connections, and permitting.

Discussion:

The McArt Road CNG station dispenses approximately twice the amount of fuel compared to the D Street CNG station. While the City has procured the replacement skid, installation is required before the new equipment can be placed into operation. Until installation and commissioning are complete, the station continues operating on aging equipment, increasing the risk of unplanned service disruptions. Timely completion of the installation phase is critical to maintaining uninterrupted fuel service to City fleet vehicles, commercial customers, and the public.

On August 21, 2025, in compliance with Victorville Municipal Code (VMC) §2.28.210, staff solicited bids for installation of the new CNG skid. The RFB was advertised in the San Bernardino Sun and Daily Press and posted on the City’s OpenGov eProcurement Portal and website. Mandatory job walks were conducted on September 3, 2025, and September 18, 2025, to allow prospective bidders to review site conditions and technical requirements.

Bid submittals were due on October 16, 2025, and the City received proposals from the following contractors:

Contractor Bid Amount
RMS Construction – Signal Hill, CA $130,522.00
ET Environmental California, Inc, - Atlanta, GA $472,386.00 The scope of work includes removal of the existing compressor skid; installation of the new buffer/booster regulator (BBR) unit; removal and replacement of the existing roof structure; installation of wall-mounted lighting; reconnection of the natural gas line; provision and connection of power from the existing “L” panel (277/480 volts); preparation of preliminary design plans for Engineering and Building Department approval; obtaining all required permits; compliance with prevailing wage, DIR registration, and CARB regulations; and coordination with Atlas Copco during commissioning of the new skid.

Per VMC §2.28.100, the City Council has the authority to award a construction contract when the cost exceeds $125,000. After review of the bids, staff determined that RMS is the lowest responsive and responsible bidder. Their bid reflects a competitive and reasonable cost for the required scope of work and ensures compliance with all structural, mechanical, electrical, and regulatory requirements necessary to place the skid into service.

Accordingly, staff recommends awarding the installation contract for the McArt Road CNG Station Skid to RMS in an amount not to exceed $130,522.00.

Staff remains available for any questions the Council may have.

Prepared By:

Summer Burgess, Management Specialist
Attachments: A. Construction Agreement
Attachment A
Construction Agreement
CIP# 70736
1 Construction Agreement/RMS CONSTRUCTION/PROJECT JM26-028

CONSTRUCTION AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE
AND

RMS CONSTRUCTION
FOR
INSTALLATION OF CNG SKID, PROJECT JM26-028
THIS CONSTRUCTION AGREEMENT (the “Agreement”) dated this __________________ day of ______________, 20___, for reference purpose only, is made and entered into by and between the City of Victorville, a municipal corporation located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, and RMS Construction, a California corporation hereinafter referred to as the “Contractor”. The City and the Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”
RECITALS:

WHEREAS, the City requires Installation of CNG Skid, Project JM26-028 (the Project); and
WHEREAS, in light of the facts set forth above, the City desires to retain Contractor in connection with Installation of CNG Skid; and

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

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:

Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth herein.

Section 2. TERM OF AGREEMENT
This Agreement shall commence within fifteen (15) calendar days after issuance of Notice to Proceed (the “Commencement Date”) and shall terminate upon completion of the Project or sixty (60) working days after Commencement Date (the “Termination Date”), unless sooner terminated in accordance with the provisions of this Agreement (the “Term”). From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 3 below.

Section 3. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this 2 Construction Agreement/RMS CONSTRUCTION/PROJECT JM26-028 Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.

Section 4. CONTRACT DOCUMENTS; PRIORITY
a. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference.

Said Contact Documents are intended to be correlative and constitute Contractor’s performance obligations:

1. This Agreement.

2. Exhibits A & B.

3. Faithful Performance and Payment Bond.

4. Guaranty.
b. Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of precedence (from highest to lowest), as set forth in Subsection 4.a above shall control.

Section 5. CONTRACTOR’S OBLIGATIONS
Contractor shall complete the Project as specifically set forth in the Contract Documents.

Contractor shall furnish, at its own cost and expense, all labor, services, material, tools, equipment, supplies, transportation, and any other items and facilities necessary therefore, as provided in the Contract Documents.

Section 6. COMPENSATION
The Contractor agrees to receive and accept the following amount, not to exceed One Hundred Thirty Thousand Five Hundred Twenty Two and 00/100 Dollars ($130,522.00), as full compensation for furnishing; all materials, doing all the work contemplated and embraced in this contract, all loss or damage arising out of the nature of the work aforesaid, the action of the elements, any unforeseen difficulties or obstructions which may arise or be encountered in the execution of the work until its acceptance by the City, and for all risks of every description connected with the work, all expenses incurred by or in consequence of the suspension or discontinuance of work well and faithfully completing the whole work, thereof, according to the requirements of the agreement documents and to the satisfaction of Doug Mathews, Director of Public Works and Water, or his designee, to wit: See Exhibit “A”, Scope of Work.

Section 7. BID PROPOSAL FORMS
The City shall pay Contractor as provided in the Bid Proposal Forms, attached hereto as Exhibit “B”, and incorporated herein by this reference as though set forth in full, subject to approval of the City, when applicable.
3 Construction Agreement/RMS CONSTRUCTION/PROJECT JM26-028 Section 8. PREVAILING WAGES
a. Compliance with State Prevailing Wage Law. Pursuant to California Labor Code Section 1773, the City has obtained from the Director of the Department of Industrial Relations (“DIR”) the general prevailing rate of per diem wages and the general prevailing wage rate for holiday and overtime work applicable for each craft, classification, or type of worker in San Bernardino County, California, where the Project is to be performed. Copies of these prevailing rate of per diem wages are on file at the City of Victorville Finance Department/Purchasing Division and shall be made available for review to any interested party on request. Copies of these prevailing rate of per diem wages are also available from the State of California via the internet at http://www.dir.ca.gov/DLSR/PWD. Contractor and its subcontractors shall pay not less than said specified prevailing rate of per diem wages to all workers employed by them in the performance of any work under this Agreement which constitutes “public works” or “public work”, including without limitation, Installation of CNG Skid, and any other work or services described in or encompassed by California Labor Code (“Labor Code”) Sections 1720 through 1720.9, 1771, and 1772. Contractor shall be solely responsible for using the correct and current prevailing wage rates and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct prevailing wage, or compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at the work/job site, employment of apprentices, and other requirements of Labor Code Section 1720 et seq.; Labor Code Section 1810 et seq.; California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws. b. Designation as Contractor Not Determinative. For purposes of this Agreement, Contractor and its subcontractors shall be subject to and shall comply with all provisions of the Labor Code applicable to contractors and subcontractors when they are engaged in the performance of any work under this Agreement which constitutes “public works” or “public work” as defined in subsection a above, despite being designated as a Contractor. c. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the provisions of this Section and the terms of Exhibit “A” or Exhibit “B” of this Agreement, the provisions of this Section shall control and nothing herein shall be considered as an acceptance of the terms of Contractor’s Scope of Services, scope of work, bid proposal, cost proposal, and/or fee schedule which conflict with the provisions of this Section.
d. Payroll Records. Contractor and its subcontractors must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR. (1) Contractor and Subcontractor Obligations. Contractor and each subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(a) The information contained in the payroll record is true and correct; and 4 Construction Agreement/RMS CONSTRUCTION/PROJECT JM26-028 (b) Contractor or subcontractor has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any covered work performed by its employees on the Project.
(2) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to the City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.
(3) Enforcement. Upon notice of noncompliance with Labor Code Section 1776, Contractor or subcontractor has ten days in which to comply with the requirements of this section. If Contractor or subcontractor fails to do so within the ten-day period, Contractor or subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor. (4) Payment of Invoices. Copies of the certified payrolls, proof of payroll submissions, and appropriate lien releases are required with each invoice to the City.

Payment of the invoice may be delayed when payroll-related documents and/or lien releases are not included with the invoice.
e. Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.
f. Notices. Pursuant to Labor Code section 1771.4, Contractor is required to post all Job Site notices, including prevailing wage rates and other notices, as required by regulation. g. Other Labor Requirements. Contractor has the responsibility for and shall comply with all other applicable requirements of Labor Code Section 1720 et seq., Labor Code Section 1810 et seq., the Regulations, and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor shall require the same of all its subcontractors.
h. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hours laws will be enforced as follows:
(1) Pursuant to Labor Code section 1775, the Contractor and any subcontractor under it shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Agreement by it or by any subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.
5 Construction Agreement/RMS CONSTRUCTION/PROJECT JM26-028 (2) Pursuant to Labor Code Section 1813, Contractor or subcontractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, except as specified in Labor Code Section 1815. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. i. DIR Monitoring. Pursuant to Labor Code Section 1771.4, the Agreement for this Project is subject to compliance monitoring and enforcement by the DIR. j. DIR Registration. Pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Agreement, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code Sections 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this Agreement is entered into and maintain registration for the duration of the Project.

Section 9. WORKERS’ COMPENSATION INSURANCE
Contractor shall procure and maintain, at its own expense, during the Term of this Agreement, workers’ compensation insurance, providing coverage as required by the California State Workers’ Compensation Law. If any class of employees employed by Contractor is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City.

In conformance with current statutory requirements of Section 1860 et seq., of the Labor Code of the State of California, the undersigned confirms the following as their certification:

I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.

Section 10. NOTICE TO PROCEED
No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City.

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

Section 11. COMPLIANCE WITH LAWS
Contractor shall comply with all local, state, and federal laws and regulations applicable to the performance of the work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses shall be held or obtained by the Contractor at its sole expense.
6 Construction Agreement/RMS CONSTRUCTION/PROJECT JM26-028 Section 12. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY

INSURANCE
Contractor shall procure and maintain at its own expense, during the term of this Agreement, commercial general liability insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers, and agents and independent contractors.

Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) Combined Single Limit, covering any vehicle(s) utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the services required by this Agreement.

Section 13. INSTALLATION FLOATER
“Installation Floater” coverage with limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site that provides property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the contract work, including during transit, installation, and testing at the project site. Such coverage shall name the City as a loss payee as its interest may appear.

Section 14. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers, and agents and independent contractors, including, without limitation, the City Attorney, are named as Additional Insureds.

Section 15. WAIVER OF SUBROGATION RIGHTS
Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its officers, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.

Section 16. PROOF OF INSURANCE COVERAGE; REQUIRED PRIOR TO

COMMENCEMENT OF SERVICES
a. Contractor shall secure from a good and responsible company or companies authorized to do insurance business in the State of California the policies of insurance required by this Agreement and furnish to the City Clerk certificates of said insurance at least two (2) weeks prior to the commencement of any services to be performed under this Agreement. b. The certificates of insurance shall bear an endorsement whereby it is provided that, in the event of cancellation or amendment of any required insurance policy for any reason 7 Construction Agreement/RMS CONSTRUCTION/PROJECT JM26-028 whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of non-payment, ten (10) days’ advance written notice shall be given.
c. The certificates of insurance shall bear an endorsement whereby it is provided that the respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration. d. The certificates of insurance shall indicate that the respective insurance policy will be maintained throughout the Term of this Agreement. e. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.” Section 17. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.

Section 18. INDEMNIFICATION
Notwithstanding the limits of any insurance, Contractor shall indemnify the City, its officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the City its officials, officers, agents, volunteers or employees, and in connection therewith:
a. Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
b. Contractor will promptly pay any judgment rendered against the City, its officials, officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officials, volunteers, officers, agents, and employees harmless there from;
c. In the event the City, its officials, officers, agents, volunteers or employees is made a Party to any action or proceeding filed or prosecuted against Contractor for such 8 Construction Agreement/RMS CONSTRUCTION/PROJECT JM26-028 damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City;
d. Contractor's duty to defend and indemnify as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter-Cologne Water Quality Control Act, as any of those statutes may be amended from time to time; The Contractor's indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.

Section 19. REPORTS
Upon request by Doug Mathews, Director of Public Works and Water, or his designee, Contractor shall prepare and submit reports concerning Contractor's performance of the work required by this Agreement.

Section 20. RECORDS
a. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Doug Mathews, Director of Public Works and Water, or his designee, to evaluate the cost and the performance of such services. b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. Doug Mathews, Director of Public Works and Water, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
c. Doug Mathews, Director of Public Works and Water, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. d. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Contractor and made available to Doug Mathews, Director of Public Works and Water, or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement. 9 Construction Agreement/RMS CONSTRUCTION/PROJECT JM26-028 Section 21. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both Parties.

Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Agreement.
b. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement and the Contract Documents. c. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.

Section 23. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.

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

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

Section 24. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:

To the City: Doug Mathews,
Director of Public Works and Water,
Public Works Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392
10 Construction Agreement/RMS CONSTRUCTION/PROJECT JM26-028 To Contractor: Ricky Mendoza, President
RMS Construction
1899 Freeman Ave.

Signal Hill, CA 90755
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 25. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Agreement.

Section 26. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Agreement and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Agreement based on such consultation.

Section 27. CARE OF WORK
Contractor must adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by the City, except those losses or damages as may be caused by the City’s own negligence. The performance of the work by Contractor or the payment of money by the City shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor.

Section 28. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Section 29. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.

Section 30. GENDER; PLURAL
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another. 11 Construction Agreement/RMS CONSTRUCTION/PROJECT JM26-028 Section 31. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.

Section 32. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 33. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.

Section 34. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.

Section 35. ATTORNEY'S FEES
Should any litigation, specifically including but not limited to, arbitration and other nonjudicial resolution of disputes be commenced between the Parties to this agreement concerning this agreement or the rights and duties of either in relation thereto, the Parties prevailing in such litigation or other proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney fees in such litigation where the proceeding which, if not agreed upon by the Parties, shall be determined by the court or other entity in which such litigation or other proceeding is brought.

Section 36. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Contractor, approved by the City’s Risk Manager, and executed by the authorized City personnel or Mayor.

Section 37. REPRESENTATIONS OF PARTIES AND PERSONS

EXECUTING AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
12 Construction Agreement/RMS CONSTRUCTION/PROJECT JM26-028 b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.

Section 38. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.

Section 39. 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 OffRoad 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.
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13 Construction Agreement/RMS CONSTRUCTION/PROJECT JM26-028 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.

THE CITY OF VICTORVILLE RMS CONSTRUCTION

By:_________________________________ By:________________________________ Elizabeth Becerra, Ricky Mendoza,
Mayor President
Dated:______________________________ Dated:_____________________________ ATTEST
By:________________________________
Jennifer Thompson,
City Clerk
Dated:_____________________________

APPROVED AS TO STANDARD FORM
By:________________________________
Andre de Bortnowsky,
City Attorney
Dated:_____________________________
By:________________________________
Sandra Bostick,
Risk Manager
Dated:_____________________________
14 Construction Agreement/RMS CONSTRUCTION/PROJECT JM26-028

EXHIBIT A

SCOPE OF WORK
City agrees to engage Contractor and Contractor agrees to furnish all necessary labor, tools, materials, and equipment for and to do the Work for the Project. The Work shall be performed in accordance with: (i) the Plans and Specifications and applicable Addenda (as generally described in the Request for Bid, Project Number JM26-028, for the Project, portions of which are attached hereto for ease of reference as Exhibit "A"; (ii) the prices set forth in Contractor’s Bid Proposal (attached as Exhibit "B").

See Attachment

SCOPE OF WORK
CNG Skid Install
The City of Victorville is soliciting bids to remove the old CNG skid and install the new CNG skid.

The awarded bidder must be available for commission of the new skid which is to be done by Atlas Copco. All prospective bidders must attend a mandatory pre-bid meeting. All required permits must be included in final bid. The bid must include:
• Remove existing compressor.
• Replace with BBR Unit.
• Remove and replace existing roof over current skid.
• Add wall lighting on walls to replace the lights that will be removed from roof current position to fit new skid.
• Reconnect gas line to the new compressor. Due to the new compressor’s configuration piping to be reconfigured.
• Provide power and connect power to new CNG compressor. Due to the new compressor configuration, new wiring is required.
• Power to be connected from the existing “L” panel (277/480 Volts) assigned breakers. All electrical to be Class 1 Div 2. Provide seal offs as required. • Preliminary design plans must be approved by the Engineering Department and the Building Department for any changes to the building or universal beams/rafters.

EXHIBIT A

SCOPE OF WORK
INSTALLATION OF CNG SKID, PROJECT JM26-028
15/ Construction Agreement/RMS CONSTRUCTION/PROJECT JM26-028 16 Construction Agreement/RMS CONSTRUCTION/PROJECT JM26-028

EXHIBIT B

BID PROPOSAL FORMS
See Attachment

PRICE TABLES
Line Item Description Quantity Unit of Measure Unit Cost 1 Skid removal and
replacement-complete
1 EA $122,426.00
2 commission assistance 1 EA $8,096.00
Total
2/10/26, 11:10 AM Reliable Monitoring Services (RMS Construction) Response 1/1
$130,522.00

EXHIBIT B

BID PROPOSAL FORM
INSTALLATION OF CNG SKID, PROJECT JM26-028
17/ Construction Agreement/RMS CONSTRUCTION/PROJECT JM26-028

Victorville City CouncilApril 7, 2026

Victorville City Council
April 7, 2026