City of Victorville
TEA33-25-0001
Department/Grantor Name Grantee Name
CalRecycle City of Victorville
Signature of CalRecycle’s Authorized
Signatory
Signature of Grantee’s Authorized Signatory
(as authorized in Resolution, Letter of
Commitment, or Letter of Designation)
X
Printed Name of CalRecycle’s Authorized
Signatory
Printed Name of Grantee’s Authorized
Signatory
Lu Saephanh
Title Title
Deputy Director, CalRecycle
Date Date
Grantee Payment Address
Code Compliance Department
PO Box 5001
Victorville, CA 92393
Revised Grantee Payment Address (if needed)
City of Victorville
TEA33-25-0001
02/19/202602/19/2026
Deputy City Manager
Scott Webb
Digitally signed by Scott Webb
Date: 2026.02.19 08:12:43 -08’00’
Lu Saephanh
Digitally signed by Lu Saephanh
Date: 2026.02.19 14:31:19 -08’00’
I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above.
Signature of CalRecycle Budget Office Date
Reporting Structure Program (PGM-SUB-TSK) Account/Alt Account 39705330 3700000212 5432000
Fi$Cal Expenditure Information
Amount Encumbered by
this Agreement
Prior Amount Encumbered for
this Agreement
Total Amount
Encumbered to Date
$53,250.00 $53,250.00
Org Code Reference Fund
3970 101 0226
Enactment Year Fiscal Year Fund Title
2025 2025-26 TIRE
Certification of Funding
Grant Year/Program Chapter Statute Year
2025-26 Local Government
Waste Tire Enforcement
Grants
4 2025
City of Victorville
TEA33-25-0001
Jacqueline Fulkerson
Digitally signed by Jacqueline Fulkerson
Date: 2026.02.17 09:21:40 -08’00’
Item Number: 9
City Council / Board of Directors
Consent Calendar
Meeting of: August 18, 2026
Submitted By:
Donna Meester, Community Services Director
Joe Slegers, Building Official
Subject:
Notice of Completion – New Library Renovation and Expansion Project, Project No.
JM24-051
Recommendation:
That the Honorable City Council:
(1) Accept as complete and approve the Notice of Completion for the New Library Renovation and Expansion Project, Project No. JM24-051; (2) Authorize the City Manager to execute and file the Notice of Completion; and (3) Authorize the release of retained funds in accordance with the construction contract and applicable provisions following project acceptance and administrative closeout.
Fiscal Impact:
There is no additional fiscal impact associated with this action.
The New Library Renovation and Expansion Project, Project No. JM24-051, has a final construction cost of $9,729,255.78, as reflected in the amended contract amount. The construction cost was funded through a combination of grant funding from the State of California, Building Forward, Library Infrastructure Grant, and Measure P funds, and was allocated between the following general ledger accounts:
• Grant Funding (GL 2706030-55070-21379): $7,493,703.64 • Measure P Funding (GL 1056030-55060-80075): $2,235,552.14 In accordance with the construction agreement, retention in the amount of five percent (5%) was withheld from progress payments. The total retention amount to be released is $486,462.79, allocated proportionally as follows:
• Grant-Funded Retention: $374,685.18
• Measure P-Funded Retention: $111,777.61
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Release of retained funds will occur following recordation of the Notice of Completion and completion of administrative closeout.
Strategic Plan Goal:
This item aligns with Strategic Plan Goal E, Strategy 2: This project supports the City's commitment to investing in and maintaining public infrastructure by renovating and expanding the City library, improving community facilities, and enhancing the delivery of public services.
Background:
The New Library Renovation and Expansion Project, Project No. JM24-051, was initiated to support the development of an updated and expanded public library facility for the City of Victorville. The project was designed to enhance the functionality, accessibility, and overall usability of the space while accommodating the community’s growing need for library services.
The project included building renovations and expansion improvements, along with associated site upgrades, to modernize the facility and improve service delivery for residents.
Discussion:
On March 5, 2024, the City Council awarded a construction contract to Monet Construction, Inc. for the New Library Renovation and Expansion Project, Project No.
JM24-051.
On July 30, 2026, a final inspection was conducted. All work was found to be completed in accordance with the approved plans, specifications, contract requirements and to the satisfaction of City staff. Exterior signage was separately contracted by the City and is expected to be completed by early September.
Therefore, staff recommends that the City Council accept the completed project and authorize the City Manager to execute and record the Notice of Completion (Attachment A). Following project acceptance, the City may proceed with release of retained funds in accordance with the construction contract and administrative closeout.
Staff remains available for any questions or comments you may have.
Prepared By:
Daysi Oxley, Facilities Administrative Technician
Attachments: A. Notice of Completion – New Library Renovation and Expansion Project
B. Photos of Completed Project
C. Retention Held Summary – New Library Renovation and
Expansion Project
D. City Council Award- March 5, 2024
Attachment A
Notice of Completion – New
Library Renovation and
Expansion Project
Recording of this document is fee-exempt under Government SPACE ABOVE THIS LINE FOR RECORDER’S USE Code Section 6103. No Documentary Transfer Tax is due on the document pursuant to Revenue Taxation Code Section 11922
PUBLIC CONTRACT
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is the OWNER or agent of the OWNER of the interest or estate stated below in the property hereinafter described.
2. The FULL NAME of the OWNER is City of Victorville.
3. The FULL ADDRESS of the OWNER is 14343 Civic Drive, Victorville, Ca 92392.
A work of improvement on the property hereinafter described was COMPLETED July 30, 2026.
4. The work of improvement completed is described as follows: Renovation and expansion of an existing facility for a City library, including associated site and building improvements.
5. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is:
Monet Construction, Inc.
6. The work site location is 14144 Green Tree Blvd, Victorville, CA
7. Assessor’s Parcel Number: 0396-243-02
8. The property on which said work of improvement was completed is in the City of Victorville, County of San Bernardino, State of California.
Verification of NON-INDIVIDUAL owner: I, Keith C. Metzler, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Manager of the aforesaid interest or estate in the property described in the above notice; that I have read said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
at Victorville, California
Date Keith C. Metzler,
City Manager
City of Victorville
RECORDING REQUESTED BY:
CITY OF VICTORVILLE
WHEN RECORDED MAIL TO:
CITY OF VICTORVILLE
ATTN: CITY CLERK
P.O. BOX 5001
VICTORVILLE, CA 92393-5001
Attachment B
Photos of Completed Project
Construction Progression
Structural Framing & Building Enclosure
Structural Framing & Building Enclosure (Continued)
Exterior Improvements & Site Work
Interior Framing, Rough-In & Drywall
Interior Framing, Rough-In & Drywall (Continued)
Interior Finishes & Installation
Completed Interior Spaces
Completed Interior Spaces (continued)
Completed Exterior Spaces
Attachment C.
Retention Held Summary New
Library Renovation and
Expansion Project
Purchase Order Date Amount Check Check Date
20248862 07/03/2024 $679,000.00 796093 07/10/2024
Retention Held 07/03/2024 ($33,950.00)
20250330 07/19/2024 $366,000.00 796352 07/31/2024
Retention Held 07/19/2024 ($18,300.00)
20250330 08/13/2024 $427,000.00 796666 08/28/2024
Retention Held 08/13/2024 ($21,350.00)
20250330 09/19/2024 $274,500.00 796965 09/25/2024
Retention Held 09/19/2024 ($13,725.00)
20250330 10/09/2024 $389,000.00 797320 10/23/2024
Retention Held 10/09/2024 ($19,450.00)
20250330 11/18/2024 $750,499.94 797640 11/20/2024
Retention Held 11/18/2024 ($37,525.00)
20250330 12/16/2024 $657,703.48 798018 12/18/2024
Retention Held 12/16/2024 ($32,885.17)
20250330 01/09/2025 $683,089.54 798297 01/22/2025
Retention Held 01/09/2025 ($34,154.48)
20250330 02/18/2025 $465,264.24 798719 02/26/2025
Retention Held 02/18/2025 ($23,263.21)
20250330 03/20/2025 $541,331.68 799133 03/26/2025
Retention Held 03/20/2025 ($27,066.58)
20250330 04/03/2025 $490,628.55 799312 04/09/2025
Retention Held 04/03/2025 ($24,531.43)
20250330 05/05/2025 $769,937.51 799739 05/14/2025
Retention Held 05/05/2025 ($38,496.88)
20250330 06/16/2025 $629,393.57 800418 07/09/2025
Retention Held 06/16/2025 ($31,469.68)
20250330 07/10/2025 $628,026.79 800477 07/16/2025
Retention Held 07/10/2025 ($31,401.34)
20261342 09/17/2025 $447,882.46 801295 09/24/2025
Retention Held 09/17/2025 ($22,394.12)
20261342 08/13/2025 $670,746.55 801295 09/24/2025
Retention Held 08/13/2025 ($33,537.33)
20261342 10/07/2025 $254,288.06 801637 10/22/2025
Retention Held 10/07/2025 ($12,714.40)
20261342 11/07/2025 $156,575.76 802109 12/03/2025
Retention Held 11/07/2025 ($7,828.79)
20261342 01/13/2026 $178,984.01 802630 01/21/2026
Retention Held 01/13/2026 ($8,949.20)
20261342 01/13/2026 $143,680.85 802630 01/21/2026
Retention Held 01/13/2026 ($7,184.04)
20261342 02/18/2026 $73,297.91 803018 02/25/2026
Retention Held 02/18/2026 ($3,664.90)
20261342 04/16/2026 $52,424.88 803607 04/22/2026
Retention Held 04/16/2026 ($2,621.24)
Compensation Paid to Date $9,242,792.99
5 % Retention ($486,462.79)
Final Contract Total $9,729,255.78
Attachment D.
City Council Award -
March 5, 2024
Item Number: 2
City Council / Board of Directors
Public Hearing
Meeting of: March 5, 2024
Submitted By:
Joe Slegers, Building Official
Subject:
Award of Construction Contract to Monet Construction, Inc. and Notice of Exemption for the New Library Renovation and Expansion, Project JM24-051 Recommendation:
That the Honorable City Council:
1) Conduct the Public Hearing and receive testimony regarding the proposed project and contract;
2) Close the Public Hearing;
3) Find the proposed project categorically exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 15332 – In-Fill Development Projects;
4) Approve a Construction Agreement in the amount not to exceed $8,621,000.00 to Monet Construction, Inc. for the City Library Renovation and Expansion, Project JM24- 051; and
5) Authorize the City Manager or his designee to execute change orders in an amount not to exceed $862,100.00 in total, representing a 10% project contingency.
Fiscal Impact:
Acting in accordance with the staff recommendation will result in a fiscal impact of $9,483,100.00, as summarized below.
Description Amount
Construction Agreement Total $8,621,000.00
Maximum Contingency (10%) $862,100.00
Fiscal Impact $9,483,100.00
The Building Forward Library Infrastructure Program Grant, provided by the California State Library, will only fund construction costs related to the base building and expansion of the clubhouse specifically designated for library space. Therefore, the services 3 5
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provided by Monet Construction, Inc. will be funded by a combination of the Building Forward Grant Account (Fund 270) Accounts 2706030-55070-21379 and 2706030- 52110-21379, and Measure P (Fund 105) Account 1056030-52300-80075. Below is a summary of the available budget, construction agreement compensation, and remaining budget funds.
Account Available Funds
2706030-55070-21379 - State Grant Account $4,752,734.00 2706030-52110-21379 - State Grant Account $3,732,051.90 1056030-55060-80075 - Measure P Account $2,759,507.00
Total $11,247,474.00
Description Amount
Available Funds $11,244,292.90
Construction Agreement Compensation $8,621,000.00
Maximum Contingency (10%) $862,100.00
Remaining Budgeted Funds $1,761,192.90
Strategic Plan Goal:
The City of Victorville Strategic Plan 2023-2026 identifies multi-year strategic goals and various strategies to work toward achieving those goals. The New Library Renovation and Expansion Project assists in achieving Goal E, Invest in Infrastructure, create a healthy and livable community by maintaining the City’s assets through investment in infrastructure and innovations. Strategy 2 calls for implementation of the Library Master Plan to complete the relocation and expansion of the library to improve and enhance library services in the community.
Background:
Through the Master Plan process, it was determined that the current library facility has inadequate space to serve the City’s current population. The current library facility has a footprint of 8,229 square feet. The City needs approximately 14,990 square feet to serve the current population.
In May 2021, space became available at the Green Tree Golf Course Clubhouse (Clubhouse), prompting staff to investigate the potential for the Library’s relocation. The Clubhouse location was consistent with certain Master Plan recommendations in that it is centrally located, has natural lighting desired for library facilities, and has an improved outdoor area for programming and use by library patrons. Due to a more recent construction date, the Clubhouse site also provides a higher level of code compliance, including enhanced levels of ADA accessibility for visiting patrons. Because of these findings, staff elected to proceed and seek the services of an architectural design firm to redesign the Clubhouse into the City Library.
On March 15, 2022, Council unanimously awarded TR Design Group a contract to conceptualize the Clubhouse as a space that would accommodate both library services and golf operations. With funding for the design and construction supported solely by 3 5
1 4
Measure P, the scope of this project would only include the reconfiguration of the existing building footprint and would yield approximately 12,750 square foot of library space.
On November 4, 2022, staff was notified that the California State Library selected the Victorville City Library to receive $9,035,105.00 in Building Forward Grant funds. At the January 17, 2023, regular meeting, Council adopted Resolution No. 23-001, approving a budget amendment for Fiscal Year 2022/2023 to appropriate $9,035,105.00 in both revenue and expenditures related to the Building Forward Library Infrastructure Program Grant as awarded by the California State Library.
By receiving the State Grant, staff was able to revisit the Master Plan recommendations and explore an expansion of the Clubhouse to meet the space needed for the current population. On February 7, 2023, Council unanimously approved to increase the scope of services with TR Design Group to include a 5,094 square foot expansion of the Clubhouse facility, achieving and exceeding the Master Plan goal of producing a total of 17,844 square feet of Library space, which exceeds the current need by 2,854 square feet.
On June 20, 2023, staff presented Council with a conceptual design of the new Library design including a 5,094 square foot, Children’s Library expansion (Attachment A).
Council unanimously approved the conceptual design and granted staff and TR Design Group authorization to continue with generating the construction drawings. Staff has subsequently applied for the required Site Plan approval with an Environmental Exemption through the Planning Department, which was ultimately approved by the Planning Commission on November 3, 2023. A CEQA Notice of Exemption was provided through that process and has been recorded with San Bernardino County on December 4, 2023.
Discussion:
In December 2023, TR Design Group completed the construction drawings, materials specifications, and supporting documents for the new Library. After staff review and approval, a Notice Inviting Bids (NIB) was advertised. On December 13, 2023, staff posted the NIB on the City’s website, in the San Bernardino Sun, and in the Victorville Daily Press. A mandatory job walk was conducted on January 3, 2024, with bids due on February 1, 2024. The following is a summary of bids received.
Contractor Location Bid
Monet Construction, Inc. Tujunga, CA $8,621,000.00
Kemcorp Construction, Inc. Ontario, CA $8,950,000.00
Saifco Construction Company Westlake Village, CA $8,950,000.00 RC Construction Services Redlands, CA $9,464,000.00
ACC Construction, Inc. Cypress, CA $10,000,000.00
Aztec Telecom Corona, CA $10,622,166.07
After review and tabulation of the bid proposals, it was determined that Monet 3 5
1 4
Construction, Inc. is the lowest responsive and responsible bidder. Staff recommends that the City Council award a Construction Agreement (Attachment B) to Monet Construction, Inc. for the New Library Renovation and Expansion, Project JM24-051 in the amount not to exceed $8,621,000.00.
With a project of this size and due to the nature of the existing construction, minor modifications and scope additions are inevitable. The scope of this project includes the removal of finished surfaces and the exploration of the conditions within existing assemblies. The roof is currently known to have leaks and the infiltration of water may have caused damage that will not be apparent until the roof and ceiling assemblies are removed during the demolition stages. In addition, the expansion of the building requires excavation at depths of up to fifteen feet. Staff anticipates possible uncovering of water, sewer, or other utility lines that may need to be rerouted around the new building footprint. Staff anticipates encountering these and other items that could possibly add to the original scope of work in order to accomplish construction per plans. These situations, and situations similar in nature, typically constitute change orders. The timely execution of change orders is imperative to a project’s schedule, which will require completion by March of 2026 to comply with the deadlines within the grant award, and overall cost.
Municipal Code 2.28.180 (b) states, “the city manager shall have the authority to execute change orders; provided however, that if a single contract change order (or the cumulative amount of change orders on a given public project) exceeds fifteen percent of the total contract price or two hundred thousand dollars (whichever amount is less), the city manager shall obtain city council approval prior to executing the change order.” Due to the anticipated unforeseen situations mentioned above and to streamline the change order approval process, staff requests that the City Council proactively authorize the City Manager or his designee to execute change orders in an amount not to exceed $862,100.00 in total, representing a 10% contingency, as needed for project management. This 10% contingency is in line with the grant application and other documentation which has been provided to the California State Librarian for approval of the grant funding. Any change orders above the 10% contingency would be presented to the City Council for approval. Final project cost inclusive of change orders will be reported back to the City Council later as part of the Notice of Completion.
Pursuant to Section 15332 of the California Environmental Quality Act (CEQA) entitled “In-Fill Development Projects”, new construction of a building on a site less than five acres in size can be found Categorically Exempt from CEQA if the project meets certain benchmarks. In accordance with the noted CEQA Section 15332, staff finds that the subject proposal meets said benchmarks and is Categorically Exempt from CEQA because:
•The project site is less than five acres in size and substantially surrounded by urban development;
•The proposal is consistent with the underlying General Plan and zoning regulations;
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•The site has no value as habitat for rare, endangered, threatened, or special status species as it is currently paved and fully improved;
•The development can be served by all required utilities and public services; and •Approval of the project will not result in any significant effects to traffic, noise, air or water or quality.
Staff is available for questions.
Attachments: A. Conceptual Library Design
B. Construction Agreement
Attachment A
Attachment B
CONSTRUCTION CONTRACT BY AND BETWEEN
THE CITY OF VICTORVILLE AND
MONET CONSTRUCTION, INC.
FOR
NEW LIBRARY RENOVATION AND EXPANSION PROJECT
CITY PROJECT NO. JM24-051
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 Monet Construction, Inc., a California corporation, hereinafter referred to as the “Contractor”. The City and Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”
RECITALS:
WHEREAS, the City requires construction of a renovation and expansion of its existing clubhouse at the Green Tree Golf Course to accommodate a new City library facility , as more fully described in the solicitation documents issued by the City for Project No. JM24-051 (the “Project”); and WHEREAS, on December 14, 2023, the City issued a Notic e Inviting Bids and solicitation documents to prospective bidders for the Project. In response, Contractor submitted a Bid which the City determined to be the lowest responsive and responsible bid; and WHEREAS, Contractor is a duly organized Corporation in good standing in the State of California, and represents that it has the background, knowledge, experience, expertise and resources to perform the Work and other obligations encompassed by this Contract; and WHEREAS, at its meeting held on ________________________, 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 City of Victorville, Project JM24-051 NEW LIBRARY
RENOVATION AND EXPANSION, MONET CONSTRUCTION, INC.
P a g e | 1
reference, as though set forth herein.
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 f
rom 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) Appendices
(8) Plans
(9) Bid Forms
and attachment thereto;
(10) Faithful Performance Bond;
(11) 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.
Section 3. C ONTRACTOR’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 per
formance and completion of the Work, including all necessary labor, materials, supplies, tools, equi
pment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract D
ocuments. 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 Joseph Slegers, Building Official, or his designee, (hereinafter the “Project Manager”).
Section 4. CONTRACT P
RICE; PAYMENT AND RETENTION
As full and complete compensation for Contractor’s timely performance and completion of t he Work in strict ac cordance with t he terms and conditions of the Contract D ocuments, C ity w ill pay Contractor Eight Million Six Hundred Twenty-one Thousand and 00/100 DOLLARS, ($8,621,000.00) (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 overhea d costs, i n accordance with Contractor’s Bid Proposal (attached hereto as Exhibit “A”) subject to the provisions of this Contract and the Contract Documents.
Procedures relating to payment and retention are as follows:
On or about the first of each calendar month, Contractor shall request payment for all work City of Victorville, Project JM24-051 NEW LIBRARY
RENOVATION AND EXPANSION, MONET CONSTRUCTION, INC.
P a g e | 2
a.
b.
(1)
performed prior to such date. Each payment request shall be accompanied by an updated progress schedule indicating progress achieved to that date, properly completed payroll documents, and such other documentation/data as the City may reasonably require to substantiate Contractor’s estimate of Work completed to date. Upon approval by the City’s Building Official, or his/her designee, of the Contractor's estimate of Work completed, the City will make a progress payment to the Contractor in an amount equal to the approved estimate, less a retention of five percent (5%), and less the total of all previous payments made. In preparing payment requests/estimates, the material delivered on the site, preparatory work done, and the cost of bonds and insurance paid may be taken into consideration. The City shall make payments on any properly completed and undisputed payment request submitted by Contractor within thirty (30) day of receipt thereof; however, payment requests shall not be deemed properly completed unless all required documents, including the certified payroll documents specified in Section 9 of this Agreement, have been properly submitted and reviewed by the City.
(2) Upon receipt of not
ice from Contractor that the Work is ready for final inspection, the City shall make such inspection and shall accept the Work if it determines the Work has been fully and properly completed. Upon City’s acceptance of the Work, Contractor shall make a request for final payment, which request shall include appropriate invoices, lien releases, certified payrolls, and such other substantiating data as City may reasonably require. With the exception of any disputed amounts withheld in accordance with Public Contract Code Section 7106 and/or amounts required by law to be withheld by valid Stop Payment Notices , final payment shall be made and retention shall be released to Contractor by the City not less than sixty (60) days after the Work has been accepted.
Section 5. CONTRACT T
IME; NOTICE TO PROCEED
a. Contract Time. The Work under this Agreement shall be diligently prosecuted to completion before expiration of Eighteen (18) MONTHS, commencing within Fifteen (15) calendar days after the issuance of the Notice to Proceed. The City will not issue a Notice to Proceed to the Contractor until this Contract, including bonds and insurance documents, have been executed and/or approved by the City.
b. Notice to Proceed. No work, service, material, or equipment shall be performed or furnished
under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City. Contractor shall commence Work pursuant to the Contract Documents and as directed by the City in the Notice to Proceed, and diligently execute the same to completion within the Contract Time.
Section
6. DISPUTE RESOLUTION AND CLAIMS PROCEDURES
a. Public Contract Code Section 9204. For purposes of any Public Works Claims filed by a Contractor or Subcontractor (as those terms are defined in Public Contract Code Section 9204) under this
Contract, the claims procedures in Public Contract Code Section 9204 (“Section 9204”) and the provisions of this Section shall apply. Public Contract Code Section 9204 is set forth in full in Section 2-10 of the Special Provis ions.
(1) In the event of a Section 9204 Public Works Claim, Contractor may not stop working pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work during the Section 9204 process.
City of Victorville, Project JM24-051 NEW LIBRARY
RENOVATION AND EXPANSION, MONET CONSTRUCTION, INC.
P a g e | 3
(2) Any Public Works Claims not resolved by the Section 9204 procedures (and/or any tort claims) shall be subject to Section 2.24.020 of the Victorville Municipal Code (“VMC”) and the provisions of the Government Claims Act (Government Code section 810 et seq.). b. For disputes or
claims that do not constitute Public Works Claims, City and Contractor agree to comply with the following process:
(1) Each Party s
hall designate a senior management or executive level representative to negotiate any dispute.
(2) The representati
ves shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.
(3) If the iss
ue remains unresolved after ten (10) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiation between the legal counsel for each Party.
If the above process fails, the Parties may mutually agree to engage in non-binding mediation or arbitration in which the Parties equally share the costs of any mediator or arbitrator, or may proceed with suit or other remedies, subject to the provisions of subparagraph (5) of this Subsection and other applicable provisions and laws.
(4) The alternativ
e dispute resolution process set forth herein is a material condition to Contract and must be exhausted as an administrative remedy prior to either Party initiating legal action. (5) Compliance w
ith VMC Section 2.24.020 and the provisions of the Government Claims Act (Government Code section 810 et seq.) is also required prior to initiating suit again the City.
Section 7. TE
RMINATION O F 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 effected 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 ter
mination, the Contractor will be paid without duplication for:
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(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 Contract
or 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. Contracto
r 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. TERM
INATIO N 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:
(1) becomes ins
olvent, 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 writ ten 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 City of Victorville, Project JM24-051 NEW LIBRARY
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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. PREVAI
LING WAG E
a. Compliance with State Prevailing Wage Requirements. 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 in San Bernardino County 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 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. 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. 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 informati
on contained in the payroll record is true and correct; and (b) Contract
or or the Subcontractor has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any Work performed by its employees on the Project.
(2) Certified
Record. A certi fied 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 City of Victorville, Project JM24-051 NEW LIBRARY
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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) Enforc
ement. 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., 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. 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 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) 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 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, except as specified in Labor Code Section 1815. 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 Section 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 City of Victorville, Project JM24-051 NEW LIBRARY
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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. LIQU IDATED DAMAGES
If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) per day for each day of unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.
Section 11. COMPLIANCE WITH LAWS
a. 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, including a City business license and a valid California contractor’s license of the type/class(es) specified in the Contract Documents, shall be held or obtained by the Contractor at its sole expense prior to commencing any Work hereunder and maintained throughout the Contract term.
b. Contractor and al
l subcontractors shall further comply with: the California Fair Employment and Housing Act (Cal. Gov. Code §12900 et seq.) and the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135- 11139.5), and the regulations or standards adopted by the State Library to implement such article. Contractor shall not hire or employ any person to perform work within the City or allow any person to perform work required under this Contract unless such person is properly documented and legally entitled to be employed within the United States. The Contractor and all subcontractors shall also comply with the requirements of the Drug-Free Workplace Act of 1990 (Cal.
Gov. Code §8350 et seq.).
Section 12. WORKERS’ C
OMPEN SATION 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.”
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 a five- year period following the date of City’s acceptance of the Project) the following policies of insurance:
(1) Commercial G
eneral 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 $5,000,000 per occurrence resulting from the acts or omissions of the Cont ractor 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 City of Victorville, Project JM24-051 NEW LIBRARY
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project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
(2) Commercial V
ehicle Liability Insurance: Covering person injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the Work required by this Contract. (3) Workers’ Compensa
tion 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 Constr
uction, 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 Vic
torville shall be named as a Loss Payee.
(b) If the Proj
ect 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 Insur
eds. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the City and its elected or appointed officials, officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, are named as Additional Insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City of Victorville, its officers, officials, employees, agents, or volunteers. (2) Waiver of Subr
ogation 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 poli cy of insurance shall be endorsed to reflect such waiver.
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(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 I
nsurance 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 P
roject be permitted to commence until adequate proof of insurance and endorsements have been so furnished. The City reserves the option to require complete, certified copies of all required insurance policies, including endorsements required by this Contract at any time. (5) Grant Compliance. Contractor’s insurance must als o be in compliance with all insurance requirements set forth in the State Library Grant Agreement funding document referenced in Section 14 of this Contract. The stricter standard shall apply in the event of a conflict. (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 c ancellation or amendment is effectiv e. In the case of canc ellation for non-payment, ten (10) days advance written notice shall be given.
(b) The CGL and v ehicle liability policies shall be endorsed as Primary and Non- contributory. This requirement shall also apply to any Excess or Umbrella liability policies. 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 thos e requirements related to the Additional Ins ureds and waiver of subrogation. Contractor mus t 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. d. Self-insured retenti
ons must be declared to and approved by the City.
e. The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Lability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and whic h also apply to a loss cov ered hereunder, s hall be called upon to contribute to a loss until the Contractor’s primary and umbrella or excess liability policies are exhausted.
f. If any coverage required is written on a claims-made coverage from:
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(1) The retroac
tive date must be shown, and this date must be before the execution date of the Agreement or the beginning of work.
(2) Insurance
must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of work.
(3) If cove
rage is cancelled or non- renewed, and not replaced with another claims -made policy form with a retroactive date prior to the agreement effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of work.
(4) A copy of
the claims reporting requirements must be submitted to City for review. g. Commerc
ial General Liability and Umbrella or Excess Liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of five (5) years from Completed Operations liability coverage. Such insurance must be maintained, and evidence of insurance must be provided for at least a number of five (5) years after completion of the contract Work.
h. Contractor
shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. The Contractor shall not require certified Small Business subcontractors to carry Liability Insurance that exceeds the limit in Section (a)(1) of this Contract. The maximum required Liability Insurance limits in Section (a)(1) of this Contract shall apply to certified Small Business subcontractors for work performed on the Project, regardless of tier. i. The City re
serves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Section 14. A
DDITION AL STATE GRANT REQUIREMENTS
a. Contractor
has been advised and acknowledges that the Project is being funded in whole or in part with A California State Library Grant (Award Agreement Number BF-2- 21-011). Contractor shall be required to comply with all applicable provisions of that Grant Award Agreement, including without limitation, the following:
(1) Non-Discrimina tion. Contractor and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment.
(2) Access.
Contractor shall permit access by representatives of the Department of Civil Rights and the State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the State Library shall require ascertaining compliance with this clause. Contractor and its City of Victorville, Project JM24-051 NEW LIBRARY
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subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal.
Code Regs., tit. 2, §11105.). Such access is in addition to the audit access requirements set forth in Section 17 of this Contract.
(3) Rus
sian Sanctions. Executive Order N-6- 22 – Russian Sanctions: On March 4, 2022, Governor Gavin Newsom issued Executive Order N6- 22 (the “EO”) regarding economic sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia -Ukraine-Executive- Order.pdf.
(a) Com
pliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal EO identified in the EO and the sanctions identified on the U.S. Department of the Treasury website at https://home.treasury.gov/policy-issues/fi nancial-sanctions-
programs-and-and-country-information/ukraine-russia-related-sanctions. (b) Cont
ractor represents that it is not a target of economic sanctions. Should it be determined that Contractor is a target of economic sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Contract.
b. Said G
rant Award Agreement is on file in the Victorville City Clerk’s Office and is hereby incorporated as part of this Contract by this reference.
Sect
ion 15. TIME OF THE ESSENCE
Time is of th
e essence in the performance of this Contract.
Sect
ion 16. INDEMNIF ICATION
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 City of Victorville, Project JM24-051 NEW LIBRARY
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activities hereunder; and Contractor agrees to save and hold the City, its elected or appointed officials, officers, agents, volunteers and employees harmless therefrom; (3) In the event the City, its elected or appointed officials, officers, agents, volunteers, or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the Work, operation, or activities of Contractor hereunder, Contractor shall pay to the City, its elected or appointed officials, officers, agents ,volunteers, or employees, any and all costs and expenses incurred by the City, its elected or appointed officers, officials, agents, volunteers, or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City; (4) Contractor's duty to defend, indemnify, and hold harmless as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of, or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to, the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter- Cologne Water Quality Control Act, as any of those statutes may be amended from time to time. b. Cit
y 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.
Secti
on 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 and other financial records 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, or such later date as specified in Subsection e hereof. e. Contractor further agrees that the State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment made under this Contract, or State Library Grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues City of Victorville, Project JM24-051 NEW LIBRARY
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which may arise as a result of any litigation, dispute, or audit, whichever is later. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records.
Sectio
n 18. MODIFIC ATIONS 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. E
NTIRE AGREEMEN T
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 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 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, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.
Section 20
. AMBIGUIT IES
This Cont
ract 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 Contract. Notwithstanding the foregoing, the Parties agree that Exhibit “A” is attached hereto for reference purposes, and to the extent there are any ambiguities, inconsistencies, or conflicts between the terms of this Contract and Exhibit “A”, the terms of this Contract shall control and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this Contract.
Section 21
. NOTICES
a. Any notice to be provided pursuant to this Contract shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To City:
To Contract
or:
_ __________
Joseph Slegers, Building Official_________________________________ Building Department_________________________________
14343 Civic Drive
Victorville, CA 92392
Richard Boctor, President______________________________ ___________________Monet Construction, Inc.
7610 Day St.______________________________
Tujunga, CA 91042______________________________
______________________________
City of Victorville, Project JM24-051 NEW LIBRARY
RENOVATION AND EXPANSION, MONET CONSTRUCTION, INC.
P a g e | 14
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.
Secti
on 22. NON-LIABI LITY 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.
Secti
on 23. REVIEW BY AT TORNEYS
Each Party hereto has consulted with and had its attorneys review this Contract and all related documents.
Secti
on 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. The Faithful Performance Bond must remain in force until the later of: (1) the expiration of the one-year guarantee period; or (2) one year from the date of completion of any corrective Work performed during the one-year guarantee period. 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.
Secti
on 25. CARE OF WO RK
Contractor must adopt reasonable methods during the life of the Contract to furnish continuous protection to the Work, and the equipment, materials, papers, documents, plans, studies, and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the Work by the City, except those losses or damages as may be caused by the City’s own negligence. The performance of the Work by Contractor or the payment of money by the City shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective Work (including the obligation to remedy any defective Work or materials during the one- year guarantee period after the City’s acceptance thereof) at no further cost to the City.
Secti
on 26. CAPTIONS A ND HEADINGS
The captions and headings contained in this Contract are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 27. OWNERSHIP OF DOCUMENTS
No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. Contractor is deemed to have conveyed the copyright in any designs, drawings, specifications, Shop Drawings, or other documents (in paper or electronic form) City of Victorville, Project JM24-051 NEW LIBRARY
RENOVATION AND EXPANSION, MONET CONSTRUCTION, INC.
P a g e | 15
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. SEVERABILIT Y
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a co urt 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 REM EDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Contract, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 33. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Contract and all proceedings involving any enforcement action related to this Contract shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
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. REPRESENTATI ONS OF PARTIES AND PERSONS EXECUTING CONTRACT Each of t
he 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.
City of Victorville, Project JM24-051 NEW LIBRARY
RENOVATION AND EXPANSION, MONET CONSTRUCTION, INC.
P a g e | 16
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.
Secti
on 37. INDEPENDENT CO NTRACTOR STATUS; NOT AGENT OF THE CITY a. The Part
ies hereto acknowledge and agree that Contractor is and at all times shall remain as to the City a wholly 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. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
b. The pers
onnel performing work or services under this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as may otherwise be set forth herein.
Secti
on 38. COUNTERPAR TS
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.
Secti
on 39. PROVISION S REQUIRED BY LAW DEEMED INSERTED
Each and ev
ery 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.
Secti
on 40. ATTORNEY' S FEES
If ei
ther 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.
Secti
on 41. CONFLI CTS OF INTEREST
Contr
actor 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 Contractor’s Work under this Contract. Contractor further covenants that in the performance of Work under this Contract, no officer, employee, or agent of Contractor having such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of the Work pursuant to this Contract. Contractor further agrees to complete any statements City of Victorville, Project JM24-051 NEW LIBRARY
RENOVATION AND EXPANSION, MONET CONSTRUCTION, INC.
P a g e | 17
of economic interest (FPPC Form 700) if required by either City ordinance or State law and further certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of the work and services under this Agreement and does not know of any fact which constitutes a violation of any conflict of interest law, including Section 81000 et seq. or Section 1090 et seq. of the California Government Code. In the event the City determines that Contractor must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Contractor 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 confl icting interest by Contractor may result in termination of this Contract by the City.
Secti
on 42. ASSIGNMENT OF UNFAIR BUSINESS PRACTICE CLAIMS
In ac
cordance with California Public Contract Code Section 7103.5, the Contractor and any Subcontractors offer and agree to assign to the City all rights, title, and interest in and to all causes of action the Contractor or any Subcontractors may have under Section 4 of the Clayton Act (15 U.S.C.
Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to this Agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgement by the Parties. (END OF T
HIS PAGE – SIGNATURE PAGE FOLLOWS)
City of Victorville, Project JM24-051 NEW LIBRARY
RENOVATION AND EXPANSION, MONET CONSTRUCTION, INC.
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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 MONET CONSTRUCTION, INC.
By: By: Contractor Authorized Officer(s)__
Elizabeth Becerra, Mayor
_______________________________
Name
_______________________________
Title
Dated: Dated: ____________________________
ATTEST
By:
Jennifer Thompson, City Clerk
Dated:
APPROVED AS TO STANDARD FORM
By:
Andre de Bortnowsky, City Attorney
Dated:
THE CITY OF VICTORVILLE
By:
Sandra Bostick, Risk Manager
Dated:
Richard Boctor
President
EX
HIBIT A
C
ONTRACTOR'S BID PROPOSAL
S
ee Attachment
City of Victorville, Project JM24-051 NEW LIBRARY
RENOVATION AND EXPANSION, MONET CONSTRUCTION, INC.
P a g e | 20
EXHIBIT A, CONTRACTOR'S BID PROPOSAL, PROJECT JM24-051
21/City of Victorville, Project JM24-051 New Library Renovation and Expansion EXHIBIT A, CONTRACTOR'S BID PROPOSAL, PROJECT JM24-051
22/City of Victorville, Project JM24-051 New Library Renovation and Expansion EXHIBIT A, CONTRACTOR'S BID PROPOSAL, PROJECT JM24-051
23/City of Victorville, Project JM24-051 New Library Renovation and Expansion EXHIBIT A, CONTRACTOR'S BID PROPOSAL, PROJECT JM24-051
24/City of Victorville, Project JM24-051 New Library Renovation and Expansion Item Number: 10
City Council / Board of Directors
Consent Calendar
Meeting of: August 18, 2026
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Reduction of Securities Associated with an Industrial Project Located at 19100 Gateway Drive
Recommendation:
That the Honorable City Council:
(1) Approve the 80-percent release of the Drainage and Street Faithful Performance Securities; and
(2) Accept the completed drainage and street improvements.
Fiscal Impact:
There is no fiscal impact as a result of this action.
Strategic Plan Goal:
This item aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. Although this is not a Capital Improvement Project, the City applies the same strategy to private development projects, as they are essential in meeting the community’s needs.
Background:
On March 7, 2024, Prologis (Developer) received final development approvals from the City for a 1.3 million-square-foot industrial warehouse located at the Southern California Logistics Airport (SCLA) on Lot 45, just north of the Amazon Fulfillment Center. As a condition of project approval, the City required the Developer to design and construct Gateway Drive, a master-planned roadway identified in the SCLA Specific Plan Circulation Element, in addition to the required water, sewer, and drainage improvements.
Gateway Drive was extended from the existing interim cul-de-sac at the Amazon Fulfillment Center (Lot 43) to the northerly City limit at Navigation Road. In addition, the Developer was required to design and construct Commerce Avenue and Navigation Road along the southerly and northerly property lines.
4 8
4 6
The developer has since made significant progress with the construction of the required public improvements along Navigation Road, including the drainage and street improvements.
Discussion:
The developer has completed the drainage and street public improvements associated with the conditions of approval. Therefore, staff recommends that the City Council approve an 80-percent reduction of the Drainage and Street Faithful Performance Securities in accordance with Victorville Municipal Code (VMC) Section 17.64.070(1), as well as accept the completed drainage and street public improvements. The remaining 20-percent of the Faithful Performance Securities will be held for the one-year warranty period, as stipulated in VMC Section 17.64.070(4).
Staff is available to answer any questions Council may have.
Prepared By:
Nicoale Sylvestre, Management Specialist
Attachments: A. Vicinity Map
B. Securities Table
C. Existing Securities
Attachment B
Securities Table
Securities Table
Drainage and Street Public Improvement Bonds
Developer:
Prologis LP
17777 Center Court Drive N, Unit 100
Cerritos, CA 90703
Faithful Performance Security
Drainage and Street Improvements – No.
9465189
Labor & Materials Security
Drainage, and Street Improvements – No.
9465189
Amount of ORIGINAL Security: $701,483.86 Amount of OR IGINAL Security: $350,741.93 Amount of Security CURRENTLY: $701,483.86 Amount of Security CURRENTLY: $350,741.93 Amount of Security being REDUCED: $561,187.09 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $140,296.77 Amount of Security REMAINING: $350,741.93
Item Number: 11
City Council / Board of Directors
Consent Calendar
Meeting of: August 18, 2026
Submitted By:
Joe Slegers, Building Official
Subject:
Building Department End of Fiscal Year 2025-2026 Report Recommendation:
That the Honorable City Council review and file.
Fiscal Impact:
There are no fiscal impact associated with this item.
Strategic Plan Goal:
The City of Victorville Strategic Plan 2023-2026 identifies multi-year strategic goals and various strategies to work towards achieving those goals. Goal A, Financial Sustainability focuses on fostering fiscal health through disciplined long-term planning, cost control, increased revenues, and cost recovery. Specific to this item, Strategy 3 focuses on maintaining adequate reserves in the general fund in order to protect against fluctuations in the economy, unexpected expenses and to meet or exceed the Government Finance Officers Association’s recommended standard. The data in this report can assist the Council in monitoring development activity for fluctuations due to economic conditions and other factors.
Background:
Staff has compiled the attached report (Attachment A) summarizing Building Department activities and data for Fiscal Year 2025-2026.
Discussion:
The attached Building Department report provides information on permit and licensing activity and related revenue for single-family residences, new commercial, and industrial businesses and construction, and miscellaneous permits and licenses issued by the Building Department, Business License Division and Fire Prevention Division during Fiscal Year 2025-2026.
4 8
4 7
Prepared By:
Jaimie Lester, Building Manager
Attachments: A. Building Department End of Fiscal Year 2025-2026 Report
Attachment A
Building Department End of Fiscal
Year 2025-2026 Report
Page
BUILDINGDEPARTMENT END OF FISCAL YEARREPORT
FIRE PREVENTION | BUSINESS LICENSE | BUILDING
July 1, 2025 - June 30, 2026
Table of Contents
4 P r o j e c t s U n d e r C o n s t r u c t i o n
5 - 7
B u i l d i n g P e r m i t A n a l y s i s
8 B u i l d i n g I n s p e c t i o n s & S t o p s
9 B u i l d i n g P e r m i t T o t a l s & R e v e n u e 10-12
B u s i n e s s L i c e n s e T o t a l s & R e v e n u e 1 3
F i r e P r e v e n t i o n A c t i v i t y A n a l y s i s FIRE PREVENTION | BUSINESS LICENSE | BUILDING
3 B u s i n e s s L i c e n s e A n a l y s i s
1 4 - 1 5
B u i l d i n g D e p a r t m e n t H i s t o r i c a l D a t a 1 6 - 1 8
B u s i n e s s L i c e n s e H i s t o r i c a l D a t a 19 F i s c a l Y e a r A c c o m p l i s h m e n t s
FIRE PREVENTION | BUSINESS LICENSE | BUILDINGFiscal Year AccomplishmentsFiscal Year AccomplishmentsFiscal Year Accomplishments
C O M P L E T E D
P R O J E C T S A T
A G L A N C E !
Pictured are a few projects that theBuilding Department staff wereable to help developers completein fiscal year 25-26.
The American Jerky Company, located on Hesperia Rd, was issued permits in August 2025. Since then, construction has made significant progress and remains on track for an estimated completion in November 2026.
FIRE PREVENTION | BUSINESS LICENSE | BUILDINGProjects Under ConstructionProjects Under ConstructionProjects Under Construction
Tract developments are a major
driver of development activity
within the city. With seven active
developers, our team supports
continued residential growth.
Formally home to
Howard’s
Appliance and
Midway Home
Soultions, this site
has been
completely
transformed by Del
Amo Motorsports,
bringing new life
and purpose to this
location!
BUILDING
F i n a l e d 2 5 / 2 6 = 1 3 8 F i n a l e d 2 4 / 2 5 = 3 2 2 I s s u e d 2 5 / 2 6 = 3 0 6 I s s u e d 2 4 / 2 5 = 1 8 3
0 1 0 2 0 3 0 4 0 5 0 6 0 7 0
J u l
A u g
S e p
O c t
N o v
D e c
J a n
F e b
M a r
A p r
M a y
J u n e
1 3
7 0
1 8
3 4
7 3 6
7 1 4
7 3 7
9 1 3
8 1 5
8 5
1 1
3 7
1 9
1 5
3 3 3
1 1
2 5
2 7
2 0
2 7
2 1 9
4 1
9 1 8
1 1
2 7
2 2 1
9 6 3
7 2 1
7 5 5
4 8
2 2
2 1
2 8
7 Building Permit AnalysisBuilding Permit AnalysisBuilding Permit Analysis This chart illustrates the single-family residential permit history for fiscal year 25/26 compared to fiscal year 24/25. It specifically reflects permits that were issued and finalized. The data indicates an increase in issued and a decrease in finalized residential permits in 25/26 relative to 24/25.
Issued and Finalized Single Family Residential Permits
BUILDING
F i n a l e d 2 4 / 2 5 = 1 2 9 , 0 4 9 F i n a l e d 2 5 / 2 6 = 1 , 3 0 9 , 9 7 9 I s s u e d 2 4 / 2 5 = 1 3 , 6 8 8 I s s u e d 2 5 / 2 6 = 2 6 6 , 8 6 1
0 5 0 , 0 0 0 1 0 0 , 0 0 0 1 5 0 , 0 0 0 2 0 0 , 0 0 0 2 5 0 , 0 0 0 J u l
A u g
S e p
O c t
N o v
D e c
J a n
F e b
M a r
A p r
M a y
J u n
1 2 , 1 5 8
1 , 2 9 5 , 7 4 2
7 4 , 6 1 3
2 7 2
2 3 1 , 8 9 8
1 1 , 3 1 2
7 , 2 4 4
1 , 7 4 1
1 3 , 8 3 2
9 5 0
2 6 , 3 5 5
8 , 5 8 5
4 , 0 2 8
5 , 9 5 1
2 , 5 9 8
1 , 2 0 0
4 , 3 9 5
2 , 8 9 9
2 , 5 9 8
2 , 5 9 8
1 , 2 0 0
7 , 4 0 8
Building Permit AnalysisBuilding Permit AnalysisBuilding Permit Analysis
I s s u e d C o m m e r c i a l & I n d u s t r i a l P e r m i t s This chart illustrates the history of commercial and industrial new construction permits for the fiscal year 25/26 compared with the fiscal year 24/25. It specifically reflects the total square footage issued and finalized each month. The significant increase in 2025 is primarily attributed to two large industrial projects, shown in July and August. 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
T h i s i t e m i s n o t t o s c a l e a n d i s o u t s i d e o f r a n g e .
BUILDING
Building Permit AnalysisBuilding Permit AnalysisBuilding Permit Analysis Miscellaneous Finalized Permits
This chart illustrates miscellaneous permits finalized during fiscal year 25/26 compared with fiscal year 24/25. Miscellaneous permits include projects not associated with new construction, such as patios, pools, block walls, HVAC installations, and water heater replacements. The data shows a decrease in finalized miscellaneous permits in 25/26 relative to 24/25, mainly due to a decline in the number of solar permits.
Ongoing work on a tract home within aresidential development.
Our Permit Technicians!
BUILDING
Inspections and StopsInspections and StopsInspections and Stops This chart shows inspections and stops for fiscal year 25/26. Some individual site visits (“stops”) involve multiple inspections, which is why the number of inspections is typically higher.
Building Dept. Inspector on the job!
Verifying compliance with City Code and Ordinances.
BUILDING
Building Permit Totals & RevenueBuilding Permit Totals & RevenueBuilding Permit Totals & Revenue R e v e n u e / N u m b e r / P e r c e n t a g e o f I s s u e d P e r m i t s Y e a r l y P e r m i t R e v e n u e - F i s c a l Y e a r C o m p a r i s o n The dual-ring donut chart shows the number of permits issued and renewed, categorized by permit type for fiscal year 25/26. The inner ring represents the number of permits issued, and the outer ring represents the percentage of total revenue collected by the Building Division, for each of the same categories.
Residential development typically produces the bulk of the City’s permit revenue, as was the case this year.
This chart compares permit revenue totals for the fiscal year 24/25 to fiscal year 25/26, showing a 19% increase in the latter.
0 . 2 %
BUSINESS LICENSE
This chart shows the number of commercial business licenses issued and renewed this fiscal year, categorized by license type as shown in Victorville’s Municipal Code. Each color represents a different business license category. The inner ring represents new licenses issued, and the outer ring represents renewed licenses.
Business License AnalysisBusiness License AnalysisBusiness License Analysis C o m m e r c i a l B u s i n e s s L i c e n s e s N e w & R e n e w e d P a g e X
Your City of Victorville licensing staff!
The City’s online portal system.
1 BUSINESS LICENSE
BUSINESS LICENSE
Business License AnalysisBusiness License AnalysisBusiness License Analysis H o m e O c c u p a t i o n B u s i n e s s L i c e n s e s N e w & R e n e w e d This chart shows the number of home occupation business licenses issued and renewed this fiscal year, categorized by license type as shown in Victorville’s Municipal Code. Each color represents a different business license category. The inner ring represents new licenses issued, and the outer ring represents renewed licenses.
Licensing Technician Business License issued by the City of Victorville!
BUSINESS LICENSE
Business License AnalysisBusiness License AnalysisBusiness License Analysis O u t - o f - C i t y B u s i n e s s L i c e n s e s N e w & R e n e w e d This chart shows the number of out-of-city business licenses issued and renewed this fiscal year, categorized by license type as shown in Victorville’s Municipal Code.
Each color represents a different business license category. The inner ring represents new licenses issued, and the outer ring represents renewed licenses.
R e n t a l B u s i n e s s L i c e n s e s N e w & R e n e w e d This chart shows the number of rental business licenses issued and renewed this fiscal year, categorized by license type as shown in Victorville’s Municipal Code.
Each color represents a different business license category. The inner ring represents new licenses issued, and the outer ring represents renewed licenses.
BUSINESS LICENSE
Business License Totals & RevenueBusiness License Totals & RevenueBusiness License Totals & Revenue A l l B u s i n e s s L i c e n s e s N e w & R e n e w e d This chart shows revenue totals for this fiscal year compared to last year. Each bar shows the corresponding revenue amounts of issued/renewed licenses.
This chart presents the total number of business licenses issued and renewed during fiscal year 24/25 compared to fiscal year 25/26. Each bar shows the corresponding number, including both new and renewed licenses this fiscal year.
Y e a r l y B u s i n e s s L i c e n s e R e v e n u e - T w o Y e a r C o m p a r i s o n
FIRE PREVENTION
F i r e P r e v e n t i o nF i r e P r e v e n t i o n A c t i v i t y A n a l y s i sA c t i v i t y A n a l y s i s F i r e P r e v e n t i o n
A c t i v i t y A n a l y s i s
Plan Reviews Completed
The following chart illustrates the type and number of plan reviews completed by the Fire Prevention Division this fiscal year, for New Construction Projects and Tenant Improvements to ensure fire code compliance.
Fire Prevention Inspector on the job!
Inspection tags reviewed to confirmrequired inspections have beencompleted.
FIRE PREVENTION
Fire Prevention Activity AnalysisFire Prevention Activity AnalysisFire Prevention Activity Analysis Fire Prevention Permits Issued
The following chart illustrates the type and number of permits the Fire Prevention Division issued this fiscal year for various construction types and operations.
F i r e P r e v e n t i o n Y e a r l y I n s p e c t i o n s The following chart illustrates the type and number of fire inspections completed by the Fire Prevention Division this fiscal year.
T o t a l I n s p e c t i o n s = 4 , 6 6 5
T o t a l P e r m i t s I s s u e d = 7 7
BUILDINGDEPARTMENTHISTORICAL DATA
BUILDING
This chart shows single family residential permit history for the past 21 years broken down by year. The chart specifically covers issued permits. These permits are down significantly since the 2005/2006 boom, and have cooled again recently due to economic factors, such as interest rates, although 2026 numbers have bounced back somewhat.
Issued Single Family Residential Permits
This section is included to provide historical context and to illustrate both current and past Building Department trends, which have historically been tracked by calendar year rather than fiscal.
BUILDING
Building DepartmentBuilding DepartmentHistorical DataHistorical DataBuilding DepartmentHistorical Data Miscellaneous Finalized Permits
This chart shows miscellaneous permits issued for the last 6 years broken down by year.
Miscellaneous permits are permits for items that are not associated with new construction, such as patios, pools, block walls, HVAC, and water heater changeouts.
The bulk of these permits are for residential solar installations, which have tapered off since the regulations for solar net-metering changed in 2022.
I s s u e d C o m m e r c i a l & I n d u s t r i a l P e r m i t s This chart shows commercial and industrial new construction permits issued for the last 21 years, broken down by year. These numbers trend very similarly to residential in the previous chart.
BUILDING
Building DepartmentBuilding DepartmentHistorical DataHistorical DataBuilding DepartmentHistorical Data T h i s c h a r t s h o w s t h e y e a r l y d a t a f o r t h e p a s t n i n e y e a r s f o r t w o c a t e g o r i e s :
I n s p e c t i o n s a n d S t o p s . S o m e i n d i v i d u a l s i t e v i s i t s ( “ s t o p s ” ) i n v o l v e m u l t i p l e i n s p e c t i o n s , w h i c h i s w h y t h e n u m b e r o f i n s p e c t i o n s i s t y p i c a l l y h i g h e r . T h e d e c l i n e i n r e c e n t y e a r s i s d i r e c t l y t i e d t o d r o p p i n g s i n g l e f a m i l y h o m e a n d r e s i d e n t i a l s o l a r p e r m i t n u m b e r s , a l t h o u g h 2 0 2 6 s h o w e d s o m e i m p r o v e m e n t .
Y e a r l y I n s p e c t i o n s & S t o p s
Y e a r l y P e r m i t R e v e n u e - F i v e Y e a r C o m p a r i s o n T h i s c h a r t c o m p a r e s p e r m i t r e v e n u e t o t a l s f o r t h e p a s t 5 y e a r s . A s w i t h p e r m i t n u m b e r s , t h i s h a s b e e n s l o w l y d e c l i n i n g i n r e c e n t y e a r s , b u t s h o w e d s o m e b o u n c e b a c k t h i s y e a r .
BUSINESS LICENSE
Business License Historical DataBusiness License Historical DataBusiness License Historical Data A l l B u s i n e s s L i c e n s e s N e w & R e n e w e d This chart shows revenue totals this year, as well as for the last 6 years. Each bar shows the corresponding revenue amounts of issued/renewed licenses in the most recent year, and a comparison to the previous 5 years.
This chart presents the total number of business licenses issued and renewed for the last 6 years. Each bar shows the corresponding yearly number, including both new and renewed licenses in the most recent year, and a comparison to the previous 5 years.
Y e a r l y B u s i n e s s L i c e n s e R e v e n u e - F i v e Y e a r C o m p a r i s o n
N e w = b a r s i n f r o n t
R e n e w e d = b a r s i n b a c k
N e w = b o l d b a r s o n t o p
R e n e w e d = b a r s b e l o w i n
t h e c o r r e s p o n d i n g c o l o r
Item Number: 12
City Council / Board of Directors
Consent Calendar
Meeting of: August 18, 2026
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Notice of Completion - 2025 Citywide Street Improvements Project Recommendation:
That the Honorable City Council accept as complete and approve the Notice of Completion for the 2025 Citywide Street Improvements Project and authorize the City Manager to execute the Notice of Completion.
Fiscal Impact:
There is no fiscal impact associated with this item. Retention in the amount of five percent was withheld from each pay estimate during construction. Retention will be released after City Council approval and the recordation of the Notice of Completion. The retention account numbers, account descriptions, and amounts withheld are shown in the table below:
Budget Account No. Fund Amount
221-20110-60151 SB1 $60,000.00
250-20110-60151 Measure I $55,474.40
410-20110-60151 Water $628.22
425-20110-60151 Sewer $748.43
221-20110-60150 SB1 $60,000.01
250-20110-60150 Measure I $26,628.14
410-20110-60150 Water $1,245.21
230-20110-70050 Grant $12,500.00
250-20110-70050 Measure I $14,671.88
250-20110-63010 Measure I $1,729.55
$233,625.84
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Strategic Plan Goal:
This project aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. The completed project will prolong the life of public streets, improve accessibility and safety on Ridgecrest Road, Roy Rogers Drive, Green Tree Boulevard, and Village Drive.
Background:
On August 19, 2025, the City Council awarded a construction contract to Vance Corp., in the amount of $4,950,661.32.
The Project included improvements at four locations, consisting of two roadway reconstruction projects, one pavement restriping project, and one sidewalk installation.
The project locations and limits of work are shown on the Vicinity Map (Attachment A) and summarized below:
1. Ridgecrest Road, from Bear Valley Road to Pahute Avenue – roadway reconstruction;
2. Roy Rogers Drive, from Amargosa Road to I-15 – roadway reconstruction;
3. Green Tree Boulevard, from Coad Road to Ridgecrest Road – pavement restriping; and
4. Village Drive, from Puesta Del Sol Drive to Tawney Ridge Lane – sidewalk installation.
Discussion:
The Project was completed satisfactorily at a final contract price of $4,671,728.12 approximately 5.63% below the original contract amount. The final inspection occurred on June 2, 2026, when the project was substantially completed. The one-year warranty on the improvements began on the date the work was accepted as substantially complete.
Per California Public Contract Code §7107(c), within 60 days after the recordation of the Notice of Completion, the City can release the final retention monies withheld on this project, provided there are no claims or unreleased liens against the contract.
Staff recommends that the City Council accept as complete and approve the Notice of Completion for the 2025 Citywide Street Improvements Project and authorize the City Manager to execute the Notice of Completion.
Staff is available for any questions Council may have.
Prepared By:
Sarah Mayne, Management Technician
Attachments: A. Vicinity Map
B. Notice of Completion
Attachment A
Vicinity Map
2025 CITYWIDE STREET IMPROVEMENTS
VICINITY MAP
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Attachment B
Notice of Completion
RECORDING REQUESTED BY:
CITY OF VICTORVILLE
WHEN RECORDED MAIL TO:
C
ITY OF VICTORVILLE
ATTN: CITY CLERK
P.O. BOX 5001
VICTORVILLE, CA 92393-5001
Recording of this document is fee-exempt under Government SPACE ABOVE THIS LINE FOR RECORDER’S USE Code Section 6103. No Documentary Transfer Tax is due on the document pursuant to Revenue Taxation Code Section 11922
PUBLIC CONTRACT
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the property hereinafter described.
2. The FULL NAME of the OWNER is CITY OF VICTORVILLE
3. The FULL ADDRESS of the OWNER is 14343 CIVIC DRIVE, VICTORVILLE, CA 92392 A work of improvement on the property hereinafter described was COMPLETED JUNE 2, 2026
4. The work of improvement completed is described as follows: 2025 CITYWIDE STREET IMPROVEMENTS PROJECT
5. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: VANCE CORP.
6. The street address of said property is VA RIOUS LOCATIONS THROUGHOUT THE CITY
7. Assessor’s Parcel Number: NONE
8. The property on which said work of improvement was completed is in the City of VICTORVILLE, County of SAN BERNARDINO, State of CALIFORNIA.
Verification of NON -INDIVIDUAL owner: I, Keith C. Metzler, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Manager of the aforesaid interest or estate in the property described in the above notice; that I have read said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
at V ictorville, California.
Date Keith C. Metzler, City Manager
CITY OF VICTORVILLE
Item Number: 13
City Council / Board of Directors
Consent Calendar
Meeting of: August 18, 2026
Submitted By:
Doug Mathews, Director of Public Works and Water
Subject:
Notice of Completion - Roof Restorations for Water Department Facilities, Project No.
MS26-075
Recommendation:
That the Honorable Board of Directors:
(1) Accept as complete and approve the Notice of Completion for the Roof Restorations for Water Department Facilities, Project No. MS26-075; and (2) Authorize the City Manager to execute the Notice of Completion.
Fiscal Impact:
There is no fiscal impact associated with this item. Retention in the amount of five percent (5%) was withheld from each invoice. Retention will be released after the Board of Directors (Board) approval and the recordation of the Notice of Completion (NOC). The retention account description, account code and amount withheld are shown in the table below:
Account Description Account Code Amount Withheld
Victorville Water –Retention 410-20110 $10,258.60
Strategic Plan Goal:
This project aligns with Strategic Goal E. Invest in Infrastructure. These roof restorations will provide a long-term roofing solution to existing infrastructure ensuring staff safety and asset protection.
Background:
On March 3, 2026, the Board awarded a construction contract to FC and Sons Roofing, Inc., in the amount of $205,172.00 for the Water Department Roof Replacement for 4 8
5 1
Various Sites, Project No. MS26-075. The contract provided for roof restorations and replacement at six Water Department facilities:
Camelback Well
Burning Tree Well
White Road Booster Station
Highway 395 Booster Station
La Mesa Water Treatment Plant
D2 - 6th Street Warehouse
These facilities were identified through a multi-department assessment conducted in 2024, which found numerous roofs that had reached or exceeded their useful life, exhibited leaks and structural deterioration, and posed potential safety risks. Funding for the project was appropriated in the FY 25/26 Water Fund budget as part of the District’s ongoing phased roof rehabilitation program and consistent with the Strategic Plan Goal “E – Invest in Infrastructure.”
Discussion:
Construction activities have now been completed in accordance with the contract documents, approved WeatherWeld roofing system specifications, and all applicable public works project requirements. The contractor performed all required work, including removal of failing roof materials, repair and replacement of damaged plywood decking, installation of new flashing and coping, skylight/hatch replacements, roof drainage improvements, and application of the seamless WeatherWeld reinforced membrane system.
District staff performed routine inspections throughout construction and completed a final inspection upon conclusion of the work. All punch-list items have been addressed, and staff verified the improvements are complete and satisfactory.
Per California Public Contract Code §7107(c), retention in the amount of five percent (5%) was withheld from each pay estimate during construction and may be released following recordation of the NOC, provided no claims or liens are outstanding.
Staff recommends that the Board accept the Water Department Roof Replacement for Various Sites, Project No. MS26-075, as complete, approve the NOC, and authorize the City Manager to execute and record the NOC with the San Bernardino County Recorder’s Office.
Staff is available for questions.
Prepared By:
Mel Krejckant, Public Works & Water Administrative Manager Attachments: A. Photos
B. Notice of Completion
Attachment A
Photos
Camelback Well
Burning Tree Well
White Road Booster Station
Highway 395 Booster Station
La Mesa Water Treatment Plant
D2 – 6th Street Warehouse
Attachment B
Notice of Completion
RE
CORDING REQUESTED BY:
VI
CTORVILLE WATER DISTRICT
W
HEN RECORDED MAIL TO:
CI
TY OF VICTORVILLE
ATTN: CITY CLERK
P.O. BOX 5001
VICTORVILLE, CA 92393-5001
Recording of this document is fee-exempt under Government SPACE ABOVE THIS LINE FOR RECORDER’S USE Code Section 6103. No Documentary Transfer Tax is due on the document pursuant to Revenue Taxation Code Section 11922
PUBLIC CONTRACT
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the property hereinafter described.
2. The FULL NAME of the OWNER is VICTORVILLE WATER DISTRICT
3. The FULL ADDRESS of the OWNER is 14343 CIVIC DRIVE, VICTORVILLE, CA 92392 A work of improvement on the property hereinafter described was COMPLETED JUNE 29, 2026.
4. The work of improvement completed is described as follows: ROOF RESTORATION CONTRACT FOR SIX WATER DEPARTMENT FACILITIES.
5. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement FC & SONS, INC.
6. The work site location is VARIOUS SITES.
7. Assessor’s Parcel Numbers: NONE.
8. The property on which said work of improvement was completed is in the City of VICTORVILLE, County of SAN BERNARDINO, State of CALIFORNIA.
Verification of NON -INDIVIDUAL owner: I , Keith C. Metzler , the undersigned, declare under penalty of perjury under the laws of the State of California that I am the General Manager of the aforesaid interest or estate in the property described in the above notice; that I have read said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct. a
t Victorville, California _____________________________ Date Keith C. Metzler,
General Manager
Victorville Water District
Item Number: 14
City Council / Board of Directors
Consent Calendar
Meeting of: August 18, 2026
Submitted By:
Asdghik Keyvanian, Finance Director / City Treasurer
Subject:
Quarterly Investment Reports
Recommendation:
That the Honorable City Council/Board of Directors receive and file the attached Quarterly Investment Reports for the fourth quarter of Fiscal Year 2023-2024; the first through fourth quarters of Fiscal Year 2024-2025; and the first through fourth quarters of Fiscal Year 2025-2026.
Fiscal Impact:
There is no fiscal impact associated with this agenda item. The attached reports are informational and provide quarterly updates on the City's cash and investment holdings.
Strategic Plan Goal:
Goal A. Financial Sustainability - Foster fiscal health through disciplined long-term planning by adhering to our three (3) investment policy criteria: safety, liquidity, and yield.
Background:
The City of Victorville's Investment Policy (Policy No. CP-15-01) was adopted on January 20, 2015. The policy establishes guidelines for the prudent investment of public funds, with the primary objectives of preserving principal, maintaining sufficient liquidity to meet the City's operational needs, and maximizing investment yield while complying with all applicable laws governing public fund investments.
In accordance with the policy and California Government Code Section 53646, the City Treasurer shall prepare a Quarterly Investment Report, with interim reports as may be requested by the City Council/Board of Directors or deemed as appropriate by the City Treasurer. Each report shall include a management summary that provides a status of the current investment portfolios.
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Discussion:
Quarterly Investment Reports have been prepared for the fourth quarter of Fiscal Year 2023-2024, the first through fourth quarters of Fiscal Year 2024-2025, and the first through fourth quarters of Fiscal Year 2025-2026 (Attachments A-I). Due to changes in departmental staffing and evolving priorities during this period, the preparation and presentation of these reports were delayed. The outstanding reports have now been completed, and future Quarterly Investment Reports will be prepared and presented in accordance with the City's Investment Policy.
The following Tables 1 through 3 summarize the weighted average quarterly yields for the City's Local Agency Investment Fund (LAIF), Bank Accounts and Trustee Accounts for the reporting periods, along with the average annual yield for each fiscal year.
Although the first through third quarter reports for Fiscal Year 2023–2024 were previously presented to the Council/Board, they are included in Table 1 to provide a complete fiscal year summary.
Table 1: Average Quarterly Yield for Fiscal Year 2023-2024 – Quarters 1-4 Fiscal Year 2023-2024:
Investment Type:
Q1 Q2 Q3 Q4
FY24
Average
Rate
LAIF/Bank Accounts
(Cash) 4.52% 4.37% 4.94% 5.04% 4.72%
Trustee Accounts
(Bond Reserve Funds) 5.20% 5.23% 5.16% 5.18% 5.19%
Table 2: Average Quarterly Yield for Fiscal Year 2024-2025 – Quarters 1-4 Fiscal Year 2024-2025:Investment Type:
Q1 Q2 Q3 Q4
FY25
Average
Rate
LAIF/Bank Accounts
(Cash) 4.76% 4.48% 4.33% 4.30% 4.47%
Trustee Accounts
(Bond Reserve Funds) 4.85% 4.24% 4.10% 4.13% 4.33%
Table 3: Average Quarterly Yield for Fiscal Year 2025-2026 – Quarters 1-4 Fiscal Year 2025-2026:Investment Type:
Q1 Q2 Q3 Q4
FY26
Average
Rate
LAIF/Bank Accounts
(Cash) 4.15% 3.84% 3.69% 3.66% 3.84%
Trustee Accounts
(Bond Reserve Funds) 3.92% 3.31% 3.19% 3.18% 3.40%
As reflected in Table 4 below, investment yields increased beginning in Fiscal Year 2022- 23 as interest rates rose after several years of historically low rates. Yields gradually 4 8
5 4
declined in Fiscal Years 2024-25 and 2025-26 as market interest rates decreased; however, the City’s investment portfolio continued to maintain safety, liquidity, and competitive returns consistent with the City’s Investment Policy.
Table 4: Average Annual Yield for Past 5 Fiscal Years, 5-Year Average Fiscal Year:Investment Type: 2021/22 2022/23 2023/24 2024/25 2025/26 5-Year
Avg
LAIF/Bank Accounts
(Cash) 0.34% 3.35% 4.72% 4.47% 3.84% 3.34%
Trustee Accounts
(Bond Reserve Funds) 0.48% 4.15% 5.19% 4.33% 3.40% 3.51% A significant portion of the City's operating funds is invested in the Local Agency Investment Fund (LAIF) and bank accounts, which are classified as cash because they are readily available to meet operational needs. Funds held in Trustee Accounts primarily consist of bond reserve funds that are required to remain with the bond trustee until the applicable debt obligations mature. Additional information regarding these investments is included in the attached Quarterly Investment Reports.
Staff is available to answer any questions the City Council/Board of Directors may have.
Prepared By:
Alex M. Garcia, Finance Analyst
Attachments: A. Quarterly Investment Report as of June 30, 2024 B. Quarterly Investment Report as of September 30, 2024 C. Quarterly Investment Report as of December 31, 2024
D. Quarterly Investment Report as of March 31, 2025
E. Quarterly Investment Report as of June 30, 2025
F. Quarterly Investment Report as of September 30, 2025 G. Quarterly Investment Report as of December 31, 2025
H. Quarterly Investment Report as of March 31, 2026
I. Quarterly Investment Report as of June 30, 2026
Attachment A
Quarterly Investment Report
as of June 30, 2024
Attachment B
Quarterly Investment Report
as of September 30, 2024
Attachment C
Quarterly Investment Report
as of December 31, 2024
Attachment D
Quarterly Investment Report
as of March 31, 2025
Attachment E
Quarterly Investment Report
as of June 30, 2025
Attachment F
Quarterly Investment Report
as of September 30, 2025
Attachment G
Quarterly Investment Report
as of December 31, 2025
Attachment H
Quarterly Investment Report
as of March 31, 2026
Attachment I
Quarterly Investment Report
as of June 30, 2026
Item Number: 15
City Council / Board of Directors
Consent Calendar
Meeting of: August 18, 2026
Submitted By:
Jerry Davenport, Police Captain
Subject:
Fiscal Year 2025-2026 Police Department Annual Report
Recommendation:
That the Honorable City Council review and file the attached Fiscal Year 2025-2026 Police Department Annual Report.
Fiscal Impact:
There is no fiscal impact associated with this action.
Strategic Plan Goal:
This item aligns with Strategic Plan Goal B, Public Safety. The City focuses on implementing public safety strategies to support a thriving and growing community.
Background:
The Victorville Police Department, operated by the San Bernardino County Sheriff’s Department (SBCSD) under contract with the City of Victorville, is responsible for providing comprehensive law enforcement services to the community. These services include patrol operations, criminal investigations, traffic enforcement, crime prevention, emergency response, community outreach, and specialized public safety initiatives.
The 2025-2026 Police Department Annual Report encompasses the period of July 1, 2025, through June 30, 2026, and serves as a record of the Department’s efforts to enhance public safety, reduce crime, strengthen community partnerships, and improve organizational effectiveness.
Discussion:
The Police Department, supported by the City Council, has prioritized technological improvements to proactively reduce crime in the City of Victorville. The need for innovative technologies to assist police operations was identified as part of the City’s 4 8
5 5
2023-2026 Strategic Plan to support our growing community. Over the last several years, the City has invested in technologies such as Automatic License Plate Reader (ALPR) cameras, ShotSpotter Gunshot Detection Technology, Drones as First Responder (DFR), and more.
In addition to the City’s technological investments, the Police Department is continually exploring other proactive methods of reducing crime. To support these initiatives, the Police Department has expanded its outreach methods through community events, utilizing specialized enforcement teams, such as the Victorville City Gang Impact Team (VCGIT), Multiple Enforcement Team (MET), and two K-9 units, certified in firearm and narcotics recovery.
Throughout Fiscal Year 2025-2026, the Victorville Police Station remained focused on proactively addressing crime, enhancing traffic safety, supporting victims of crime, and strengthening partnerships with the community. Personnel continued to implement evidence-based policing strategies, intelligence-led enforcement efforts, and collaborative initiatives designed to improve neighborhood safety while maintaining a high level of customer service and professionalism.
In addition to the traditional law enforcement responsibilities, department personnel participated in 47 different community events this fiscal year, including educational outreach, crime prevention initiatives, and collaborative events aimed at fostering positive relationships between law enforcement and the community. These efforts reinforce the Department’s commitment to transparency, accountability, and building public trust.
The Police Department Annual Report identifies significant accomplishments and notable trends observed during the fiscal year, providing context for operational decisions and resource deployment. By evaluating performance data alongside community engagement efforts and enforcement outcomes, this report serves as a valuable tool for assessing the effectiveness of current public safety strategies, identifying emerging issues, and establishing priorities for future law enforcement operations and resource planning.
Therefore, staff recommends that the Honorable City Council review and file the attached Fiscal Year 2025-2026 Police Department Annual Report.
Staff is available for any questions you may have.
Prepared By:
Darcy Mahoney-Henson, Administrative Analyst
Attachments: A. Fiscal Year 2025-2026 Police Department Annual Report Attachment A
Fiscal Year 2025-2026 Police
Department Annual Report
POLICE DEPARTMENT
FY 2025/2026 ANNUAL
REPORT
JULY 2025 - JUNE 2026
T A B L E O F
C O N T E N T S
T e c h n o l o g y
0 2 - 0 4
0 5
O n t h e H o r i z o n
C a s e S u m m a r i e s
S p e c i a l i z e d E n f o r c e m e n t
D e p a r t m e n t S t a t i s t i c s
C o m m u n i t y E n g a g e m e n t
0 6 - 0 9
1 0 - 1 2
1 3
1 4
01 Automatic License PlateReaders (ALPRs)
Total Hits
Arrests
T o t a l H i t s T o t a l A r r e s t s
0 2 0 4 0 6 0 8 0 1 0 0 1 2 0
J u l - S e p t
O c t - D e c
J a n - M a r
A p r - J u n
1 1 8
2 7
1 1 9
3 4
1 1 7
2 3
1 1 0
1 6
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0 2 0
4 0
6 0
8 0
1 0 0
3 5
8 1
3 2 3 3
Charges from ALPR Hits (100)
Technology
4 6 4
1 0 0
02 Incidents
Ground Truth
I n c i d e n t s T o t a l R o u n d s
Jul
A
ug
Sept
O
ct
N
ov
D
ec
Jan
Feb
M
ar
A
pr
M
ay
Jun
0 1 0
2 0
3 0
4 0
5 0
ShotSpotter GunshotDetection
Technology
03 76 Total Incidents
257 Rounds Fired
63 No
Corresponding
911 Call by RP
37 I n c i d e n t s w i t h E v i d e n c e L o c a t e d , V i c t i m , A r r e s t s , e t c .
E v i d e n c e L o c a t e d
V i c t i m
A r r e s t
W i t n e s s L o c a t e d
C o r r e s p o n d i n g 9 1 1 C a l l
2 8
1 1 1
9 1 3
G u n f i r e I n c i d e n t s P e r M o n t h
Total Firearms Recovered: 6
Drones as First Responder(DFR)
Technology
04 The City’s DFR program went live on
April 23, 2026
Drone Flights
2 6 6
m i s s i o n s
S i n c e i t s l a u n c h , t h e D F R
P r o g r a m h a s f l o w n
Arrests
3 4 a r r e s t s
T h e D F R P r o g r a m h a s
s u c c e s s f u l l y a i d e d i n
Victorville is the first contract city with the San Bernardino County Sheriff’s Department to use drones as first responder technology.
Case Summaries
ALPRs
ShotSpotter
DFR Program
#172605995 - Deputies received an ALPR hit for a stolen vehicle. Several minutes later, deputies located the vehicle parked at a gas station and witnessed two subjects walk away from it. Both subjects were arrested and booked for possession of stolen property.
#172607170 - Deputies received an ALPR hit for a stolen vehicle. Deputies located the vehicle and attempted a traffic stop. The driver failed to yield and a short pursuit ensued. The driver lost control of the vehicle, resulting in a solo vehicle traffic collision. The driver and passenger of the stolen vehicle were transported to the hospotal for medical treatment and subsequently arrested for possession of stolen property and failure to yield. #172508044 - Deputies were alerted to gunfire (10 shots) and responded to the area within minutes. Deputies located numerous fired cartridge casings in front of a residence. Through investigation, a suspect was later located along with the firearm utilized. The subject was arrested and booked into jail for shooting at an inhabited dwelling. #172606890 - Deputies were alerted to gunfire (2 shots) and arrived on scene within three minutes. Several fired cartridge casings were located and through investigation the suspect and firearm were located. The suspect was arrested and booked into jail for negligent discharge of a firearm.
#172608537 - Deputies responded to a shots fired call for service. RTIC 1 responded and located the suspect vehicle. While deputies responded, RTIC 1 maintained aerial surveillance and provided intelligence to responding units. Two suspects were arrested and booked into jail for attempted murder.
#172608074 - Eagle 1 responded to a report of a man with a gun. Eagle 1 located the identified vehicle and coordinated with patrol personnel to initiate a high-risk traffic stop. Eagle 1 was able to observe the occupants through the front windshield and relayed relevant observations to ground personnel. All occupants were safely detained. Three subjects were arrested and one stolen firearm was recovered.
Narcotics Recovered (2024-2026)
SpecializedEnforcement Units
K-9 Program
Cocaine
Fentanyl
Methamphetamine
2 kilograms
58 grams
36 pounds
06 The Victorville K-9 Program provides specialized firearm and narcotics detection capabilities in support of proactive enforcement, search warrant services, traffic stops, school safety, and citywide crime reduction initiatives. Their unique capabilities increase the recovery of illegally possessed firearms and narcotics, while enhancing Deputy safety during searches.
SpecializedEnforcement Units
K-9 Program (cont.)
Nina
Riot
Nina’s Career Totals
Deployments
Firearms Recovered
Ammunition Recovered
173
270
23 Riot’s Career Totals
Deployments
Firearms Recovered
Positive Alerts
133
102
93 07
Enforcement Activity
October 2025 - June 2026
SpecializedEnforcement Units
Victorville City GangImpact Team (VCGIT)
Arrests
Firearms Recovered
Large Capacity Magazines Recovered
Narcotics Recovered
Stolen Vehicles Recovered
110
92 157
24.5 pounds
7 08
The VCGIT reactivated in October 2025 to reduce violent crime through proactive enforcement, intelligence-driven
investigations, and targeted suppression of criminal street gangs and firearm-related offenses throughout the City of Victorville. The team’s mission is to identify, investigate, and disrupt violent offenders, gang members, and prohibited persons involved in firearm, narcotics, and other felony-related crimes, while providing investigative and tactical support.
MET Statistics
SpecializedEnforcement Units
Multiple EnforcementTeam (MET)
09 MET addresses quality of life concerns through proactive enforcement, homeless outreach, encampment abatement, and municipal code compliance. The team works closely with the City’s Homelessness Solutions Team and Homeless Engagement Team (HET). MET works collaboratively to improve public safety by addressing chronic nuisance locations, connecting
individuals with available resources, and conducting
enforcement operations aimed at improving the overall quality of life for Victorville residents.
Arrests
Resource Referrals Provided
Shopping Carts Recovered
Dogs Rescued / Safely Recovered
Trash Removed
197
210
38 26
10 tons
DepartmentStatistics
10 Calls for Service
S
u
n
d
a
y
M
o
n
d
a
y
T
u
e
s
d
a
y
W
e
d
n
e
s
d
a
y
T
h
u
r
s
d
a
y
F
r
i d
a
y
S
a
t
u
r
d
a
y
0 5 , 0 0 0
1 0 , 0 0 0
1 5 , 0 0 0
2 0 , 0 0 0
2 5 , 0 0 0
1 6 , 6 4 3
1 8 , 6 2 0
2 0 , 0 5 7 2 0 , 3 7 2 2 0 , 3 0 3 2 0 , 5 9 5
1 8 , 4 0 2
Total Calls Received: 134,992
Arrests
T o t a l B o o k i n g s
3 ,3 5 6
T o t a l F e l o n y B o o k i n g s
1 ,7 9 7
DepartmentStatistics
11 Ghost Guns Recovered: 72
A ghost gun is a fully functioning, homemade firearm that lacks a serial number. Because they are built by private individuals rather than manufacturers, they are untraceable by law
enforcement and can often be acquired without a traditional background check.
Traffic Collisions
T o t a l T r a f fi c C o l l i s i o n F a t a l T r a f fi c C o l l i s i o n 2 0 2 4 / 2 0 2 5
2 0 2 5 / 2 0 2 6
3 , 7 8 6 2 3
3 , 7 9 3 1 9
School Resource
Officers
3,384calls
4 S c h o o l R e s o u r c e
O f f i c e r s a s s i g n e d t o
V E S D h a v e h a n d l e d
Mall Deputy
596calls
D e p u t y a s s i g n e d t o t h e
M a l l o f V i c t o r V a l l e y h a s
h a n d l e d
Miscellaneous
0 5 ,0 0 0 10 ,0 0 0 15 ,0 0 0 2 0 ,0 0 0
2 0 24 /2 0 2 5
2 0 2 5 /2 0 2 6
15 ,17 3
11,6 0 0
0 10 0 2 0 0 3 0 0 4 0 0
2 0 24 /2 0 2 5
2 0 2 5 /2 0 2 6
3 3 2
3 6 5
2 0 2 4 / 2 0 2 5 2 0 2 5 / 2 0 2 6
0 1 , 0 0 0
2 , 0 0 0
3 , 0 0 0
4 , 0 0 0
5 , 0 0 0
6 , 0 0 0
7 , 0 0 0
6 , 9 7 9
4 , 5 3 0
Traffic Citations Issued
Traffic Stops
DUI Arrests
DepartmentStatistics
12 CommunityEngagement
Total Community EventsAttended: 47
13 Utilizing grant funding from the Mojave
Desert Air Quality Management District
(MDAQMD) Carl Moyer Program Clean
Air Fund, Victorville will purchase E-
Bikes to implement the City’s first
Bicycle Enforcement Team.
On the Horizon
Implementation of Victorville’s
First Bicycle Enforcement Team
Planned expansion includes the Real Time
Information Center (RTIC) and video wall,
increased ALPR cameras, expansion of
ShotSpotter Gunshot Detection Technology,
and expansion of the DFR program.
Expanded Technologies
Staff will be seeking funding opportunities to
move forward with the build of a new police
station and Civic Plaza.
Victorville Police Station and Civic
Plaza
14 Item Number: 16
City Council / Board of Directors
Consent Calendar
Meeting of: August 18, 2026
Submitted By:
Donna Meester, Community Services Director
Subject:
Community Services Quarterly Report - 4th Quarter
Recommendation:
That the Honorable City Council review and file the attached Community Services Quarterly Report.
Fiscal Impact:
There is no fiscal impact associated with this item.
Strategic Plan Goal:
This item aligns with Strategic Plan Goal E, Invest in Infrastructure, create a healthy and livable community by maintaining the City's assets through investment in infrastructure and innovations with the activities of the Facilities and Parks Divisions, and Goal F:
Communication and Outreach, build strong connections with community partners, residents, and employees through our Library and Recreation Divisions.
Discussion:
The City’s Community Services Department consists of Parks, Recreation, Library, and Facilities Divisions. Department staff provides quarterly updates to present key departmental activities, operational and personnel highlights and operational performance indicators. Staff remains available for any questions you may have.
Prepared By:
Kelsey White Funkhouser, Administrative Secretary
Attachments: A. Community Services Quarterly Report – FY2026 Q4
ATTACHMENT A
Community Services
Quarterly Report –
FY2026 Q4
Community
Services
Quarterly Report
April-June
2026
Department
Overview
Community Services
02 April-June 2026
The Community Services Department is committed to e nhancing residents’ lives through programs, parks, and facilities that meet the community’s educational, recreational, and cultural needs.
Library provides access to educational resources, technology, and lifelong learning opportunities.
Recreation offers programs and activities to promote health, wellness, culture, and community engagement.
Parks maintains and enriches Victorville’s beautiful green spaces, sports fields, and playgrounds to create inviting spaces.
Facilities ensures efficient operation and maintenance of all public buildings to support City services and community engagement.
Quarter 1 Quarter 2 Quarter 3 Quarter 4
0 10
20 30
40 50
60 70
Quarter 1 Quarter 2 Quarter 3 Quarter 4
0 100
200
300
400
500
600
700
Community Impact
03 Facilities
Electrical Repairs
HVAC Repairs
Plumbing Repairs
Event Set-Ups
48 50
43 41
400
320
Work Orders
Routine
Maintenance Orders
65 56
66 50
463
356
630
414
54 42
55 55
40 66
61 60 684
449
Quarter 1 Quarter 2 Quarter 3 Quarter 4
0 500
1000
1500
2000
2500
Quarter 1 Quarter 2 Quarter 3 Quarter 4
0 50
100
150
200
Community Impact
04 Joshua Tree
Inspections
Trees Maintenance
Vandalism
Repairs
Emergency
Standby Calls
6 45
49 14
Graffiti Removed
Service Requests
Ballfields Dragged
Acres Mowed
311
644
365
2,362
6 52
63 7
243
501
576
2,106
5 143
46 5
205
253
454
490
Parks
13 52
52 21
2,338
713
408
297
Quarter 1
Quarter 2
Quarter 3
Quarter 4
Quarter 1
Quarter 2
Quarter 3
Quarter 4
Volleyball
140
Youth T-Ball
40 Children's
Sports Sampler
20 Children's T-Ball
8 Sport Field Permits Private Rentals
0 10
20 30
40 50
Adult Teams | Fall Sports
0 2
4 6
8 10
12 Children’s Sports Sampler
20 Players
S
p
o
r
t
P
a r t i c
i
p
a
n
t
s
Community Impact
05 Recreation
40 41
19 30
Quarter 1
Quarter 2
27 Quarter 3
21 5
4 11
10 Men’s Basketball
18+
Co-Ed Softball
Men’s Softball
Men’s Basketball
35+
38 21
Youth Volleyball
140 Players
Quarter 4
Youth T-Ball
40 Players
Children T-Ball
8 Teams
Adults with Disabilities
Crafts Movies
0 50
100
150
200
250
Adults
Paper Monthly Stitch Doodles ESL
0 2
4 6
8 10
12 Library
Community Impact
06 152
201
Crafts
Challenge
in Time
to Design
12 5
8 1
Total Patrons: 353
Total Patrons: 27
Attendance Quarterly Overview: 45 Programs
1 2025 2026
0 500 1,000 1,500 2,000 2,500 3,000 3,500
Children's Programs
Children Attendees
Adult Attendees
Total Participants
2025 2026
0 5,000 10,000 15,000 20,000 25,000
Passports
New Accounts
Circulation
Vistors
Children’s
Programs
39%
Children
Attendees
71%
Total
Participants
63%
Adult
Attendees
49%
New Accounts
39%
Vistors
46%
Circulation
43%
Compared with the same quarter last year, James L. Cox Public Library reached more children, adults, and community members through its programs and services.
Q4 2025-over-2026 Performance Summary
Community Impact
Library
71 1,218
3,258
785
1,173
2,003
99 341
571
15,653
22,368
16,563
24,238
2,085
07 809
1,335
Passports
67%
2025 2026
0 1,000 2,000 3,000 4,000 5,000
Children's Programs
Children Attendees
Adult Attendees
Total Participants
2025 2026
0 10,000 20,000 30,000 40,000
Passports
New Accounts
Circulation
Vistors
Children’s
Programs
25%
Children
Attendees
65%
Total
Participants
58%
Adult
Attendees
47%
Passports
38%
Vistors
43%
Circulation
62%
New Accounts
46%
Since opening the new James L. Cox Public Library, there is strong growth across all service areas. Program attendance as well as general patronage has doubled! Book circulation has increased 62% and passports up 38%.
February to June 2025-over-2026
Since Opening
Community Impact
Library
116
1,775
4,804
1,267
1,868
3,042
145
581
801
1,352
30,405
26,963
38,652
2,936
08 18,721
2,524
Special Events
Community Impact
09 Spring Festival | 2,500 Attendees
During
After
Sidewalk
Repairs
Accomplishments
10 Hook ParkHook ParkHook Park
Center Street ParkCenter Street Park Center Street Park Oro Grande
Wash
Accomplishments
Doris Davies ParkDoris Davies ParkDoris Davies Park
11 Job Well Done!
Pressure
Washing
Accomplishments
Silverado High SchoolSilverado High SchoolSilverado High School 12 Accomplishments
Eagle Ranch & Mojave Vista | LED UpgradesEagle Ranch & Mojave Vista | LED UpgradesEagle Ranch & Mojave Vista | LED Upgrades 13 EMPLOYEE SPOTLIGHT
14 Leslie IniguezLeslie Iniguez
RecreationRecreation
Leslie Iniguez
Recreation
A message from their supervisor.
AprilAprilApril
“Joseph has taken on new responsibilities,
including managing supplies, timecards, &
team support, shows initiative & dedication
while keeping operations running smoothly.”
A message from their supervisor.
Joseph EnriquezJoseph Enriquez
FacilitiesFacilities
Joseph Enriquez
Facilities
Alberto GarciaAlberto Garcia
ParksParks
Alberto Garcia
Parks
“Alberto has excelled in his new
responsibilities showing attention to detail,
professionalism, and a great sense of
humor.”
A message from their supervisor.
“Leslie’s consistent upbeat attitude,
exceptional work ethic, and dedication
makes a lasting impact on our participants,
families and staff.”
EMPLOYEE SPOTLIGHT
A message from their supervisor.
15 MayMayMay
“Drew went above and beyond remodeling
the Public Works staff restrooms at McCart
Yard . His cost-saving improvements created
a more sustainable & comfortable space.”
A message from their supervisor.
Drew BrayfieldDrew Brayfield
FacilitiesFacilities
Drew Brayfield
Facilities
Michael HolmesMichael Holmes
ParksParks
Michael Holmes
Parks
“Michael takes initiative and brings a positive
attitude to every task. He is dependable,
works hard, and a model Parks employee
who sets a great example for others. ”
EMPLOYEE SPOTLIGHT
A message from their supervisor.
16 “Connor successfully led Facilities'
coordination for the City’s first America's 250th
Anniversary celebration through effective
planning, teamwork, and strong leadership.”
A message from their supervisor.
JuneJuneJune
Connor FitzerConnor Fitzer
FacilitiesFacilities
Connor Fitzer
Facilities
Victor RamosVictor Ramos
ParksParks
Victor Ramos
Parks
“Victor has impeccable attendance and an
outstanding work ethic. He consistently
brings a positive attitude and is a valued
member of the team.”
CELEBRATING GROWTH
17 Seth GemelSeth Gemel
Senior Maintenance Lead WorkerSenior Maintenance Lead Worker ParksParks
Seth Gemel
Senior Maintenance Lead Worker
Parks
Rising Through the RanksRising Through the RanksRising Through the Ranks R
E
C
R
E
A
T
I
O
N
F
A
C
I
L
I
T
S
18 Taylor MadridTaylor Madrid
Recreation LeaderRecreation Leader
Taylor Madrid
Recreation Leader
Jazmine VillarrealJazmine Villarreal
Recreation LeaderRecreation Leader
Jazmine Villarreal
Recreation Leader
From left to right as follows, Jennifer Aquino, Jourdyn Blair, and Maya Paez Martinez.From left to right as follows, Jennifer Aquino, Jourdyn Blair, and Maya Paez Martinez.From left to right as follows, Jennifer Aquino, Jourdyn Blair, and Maya Paez Martinez.
Recreation SpecialistsRecreation SpecialistsRecreation Specialists Quintin HunterQuintin Hunter
Maintenance AideMaintenance Aide
Quintin Hunter
Maintenance Aide
Enrique IniguezEnrique Iniguez
Maintenance AideMaintenance Aide
Enrique Iniguez
Maintenance Aide
Osvaldo SilvestreOsvaldo Silvestre
Maintenance AideMaintenance Aide
Osvaldo Silvestre
Maintenance Aide
Audrey WillisAudrey Willis
Recreation LeaderRecreation Leader
Audrey Willis
Recreation Leader
P
A
R
K
S
L
I
B
R
A
R
Y
19 Camren NilsenCamren Nilsen
Maintenance AideMaintenance Aide
Camren Nilsen
Maintenance Aide
Marteen MontanaMarteen Montana
Maintenance AideMaintenance Aide
Marteen Montana
Maintenance Aide
True HernandezTrue Hernandez
Library AideLibrary Aide
True Hernandez
Library Aide
Lorraine KihmLorraine Kihm
Library AideLibrary Aide
Lorraine Kihm
Library Aide
Andres DuranAndres Duran
Library AideLibrary Aide
Andres Duran
Library Aide
20 Programs
PreschoolPreschool Preschool
176
Enrollees
Children & TeensChildren & TeensChildren & Teens
2,085
Participants
Adults with DisabilitiesAdults with DisabilitiesAdults with Disabilities 418
Participants
21 Partnerships
Neighborhood Forest delivered free
California Live Oak seedlings to the
Library’s youth patrons. This
initiative aims to inspire
environmental stewardship by
giving youth a tree to plant & nuture.
The High Desert Young Marines and
City of Victorville proudly teamed
up to clean, paint, and beautify
Victorville Activity Center and
Westwinds Activity Center.
Neighborhood ForestNeighborhood ForestNeighborhood Forest HD Young MarinesHD Young MarinesHD Young Marines
April 22 | 403 Participats
Item Number: 17
City Council / Board of Directors
Consent Calendar
Meeting of: August 18, 2026
Submitted By:
Tony Camargo, Deputy City Manager
Subject:
Approval of a Substitution of Trustee, Deed of Reconveyance and Cancellation of Covenants, Conditions and Restrictions (CC&Rs) for Residential Rehabilitation Program (RRP) Case Number 22-11-28 (15688 Tokay Street, Victorville, CA 92395), and Acceptance and Reallocation of Associated Program Income Funds Recommendation:
That City Council take the following actions regarding Residential Rehabilitation Program (RRP) Case No. 22-11-28:
(1) Approve the Substitution of Trustee and Deed of Reconveyance; (2) Confirm the Cancellation of the original Covenants, Conditions and Restrictions (CC&Rs);
(3) Authorize the Deputy City Manager to execute the Substitution of Trustee and Deed of Reconveyance and Cancellation of the original CC&Rs; (4) Accept the loan payoff in the amount of $16,633.12 into the Residential Rehabilitation Program Income Account; and
(5) Adopt Resolution No. 26-078 amending the Fiscal Year 2026-2027 Annual Budget to appropriate and reallocate $16,633.12 in Residential Rehabilitation Program Income to the Residential Rehabilitation Program.
Fiscal Impact:
Approval of the recommended actions will authorize the acceptance and reallocation of $16,633.12 in Residential Rehabilitation Program (RRP) Program Income as follows:
Account Adjustment Amount
2853025-47520-20733 - Residential Rehabilitation
Program (Revenue) ($16,633.12)
2853025-52300-20733
Residential Rehabilitation Program (Expenditure) $16,633.12 4 8
5 9
In accordance with U.S. Department of Housing and Urban Development (HUD) regulations, program income must generally be expended before annual Community Development Block Grant (CDBG) entitlement funds are drawn. Reallocating these program income funds into the current Fiscal Year 2026-2027 budget will enable the City to continue providing rehabilitation assistance to eligible residents. The RRP currently maintains a waiting list of more than 124 households, and these additional funds will help address that demand while supporting the activities identified in the City’s Annual Action Plan.
Strategic Plan Goal:
This item aligns with Goal A. Financial Sustainability by maximizing the use of program income generated through the RRP, allowing additional housing assistance without impacting the General Fund, and Goal C. Community and Economic Development by supporting the preservation and improvement of the City’s existing housing stock by providing continued funding for residential rehabilitation projects that improve neighborhood conditions and quality of life.
Background:
The RRP assists eligible homeowners by providing deferred-payment loans funded through the CDBG Program. The program is intended to preserve the City’s housing stock by correcting health and safety deficiencies, addressing building code violations, improving property conditions and enhancing neighborhood appearance.
Eligible homeowners may receive loans ranging from $1,000 to $20,000 at a simple interest rate of three percent (3%). Loans are secured by a Promissory Note, Deed of Trust, and Covenants, Conditions and Restrictions (CC&Rs). If the homeowner elects to repay the loan before the end of the affordability period, the City may reconvey the Deed of Trust and release the CC&Rs upon satisfaction of the loan obligations in accordance with the loan documents.
Discussion:
On November 28, 2022, the Participant received a RRP loan in the amount of $14,601 to rehabilitate the residence located at 15688 Tokay Street, Victorville, California.
Improvements completed through the program included painting the home’s facia, replacing the front door, replacing water-damaged kitchen cabinetry, repairing plumbing blockages, repairing the electrical panel, repairing attic ductwork, recaulking the master and guest bathroom tubs, repairing seven interior doors, repairing drywall and painting the hallway bathroom.
On July 6, 2026, the Participant elected to repay the loan in full prior to the expiration of the loan term. Pursuant to the terms of the Promissory Note, the payoff consisted of the original principal balance of $14,601, accrued simple interest totaling $1,752.12, and a $280 service fee/activity delivery cost, for a total payoff amount of $16,633.12.
As the Participant has fully satisfied the financial obligations of the loan, the City has received a request to reconvey the Deed of Trust and cancel the CC&Rs in accordance 4 8
5 9
with the loan documents. Approval of the recommended actions will authorize the execution and recordation of the Substitution of Trustee and Deed of Reconveyance and Cancellation of the CC&Rs, thereby releasing the encumbrances recorded against the property.
The loan payoff will also generate $16,633.12 in Program Income. Consistent with HUD regulations, staff recommends adopting Resolution No. 26-078, amending the Fiscal Year 2026-2027 Annual Budget to appropriate and reallocate $16,633.12 in Residential Rehabilitation Program Income to the Residential Rehabilitation Program budget so they may be used to assist additional eligible homeowners currently awaiting assistance.
Prepared By:
Lisa Perea, Housing Technician
Attachments: A. Resolution No. 26-078
B. Substitution of Trustee and Full Reconveyance
C. Cancellation and Release of CC&Rs
D. Original Promissory Note, Deed of Trust, CC&Rs and Notice of Affordability Restrictions
ATTACHMENT A
Resolution No. 26-078
RESOLUTION NO. 26-078
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2026-2027
WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expen ditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2026-2027; and WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 30, 2026, and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and WHEREAS, after preparation of the budget, a need to amend the budget is being recommended to the Council for approval; and
WHEREAS, the City Manager or his designee will provide all necessary justification for the budget a mendment as an attachment to this resolution or in the associated City Council agenda report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the annual budget for the fiscal year 2026-2027 for the City of Victorville be hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item.
Account Amount Adjusted
2853025-47520-20733 Residential
Rehabilitation Program (Revenue)
($16,633.12)
2853025-52300-20733 Residential
Rehabilitation Program (Expenditure)
$16,633.12
SECTION 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments, offices and subsidiary districts of the City.
ATTACHMENT B
Substitution of Trustee and
Deed of Reconveyance
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF VICTORVILLE
ATTN: TONY CAMARGO
14343 CIVIC DRIVE
VICTORVILLE, CA 92392
RE: RRP Case No. 22-11-28
________________________________________________________________________________________
APN: 3093-521-36
15688 Tokay Street
Victorville, CA 92395
SUBSTITUTION OF TRUSTEE AND FULL RECONVEYANCE
Owner and Holder of the Note secured by the Deed of Trust dated November 28, 2022 executed by Reginaldo Duarte and Ch rystina Duarte , as original Trustor and the City of Victorville , as original Trustee: and City of Victorville , a Municipal Corporation, as original Beneficiary; which Deed of Trust recorded December 07, 2023, as Instrument No. 2023-0302685 of the Official Records of San Bernardino County, in the State of California; and
The UNDERSIGNED being the present legal owner and holder of the indebtedness secured by said Deed of Trust regarding 15688 Tokay Street, Victorville, CA, 9239 5 in the County of San Bernardino and the State of California, and more particularly described in “EXHIBIT A” (attached) , hereby substitutes themselves as Trustee in lieu of above named Trustee under said Deed of Trust.
The UNDERSIGNED hereby accepts said appointments as Trustee under said Deed of Trust and as Successor Trustee pursuant to request of said Owner and Holder and in accordance with the provisions of said Deed of Trust does HEREBY RECONVEY WITHOUT WARRANTY TO THE PERSON OR PERSONS LEGALLY ENTITLED THERETO all estate now held by him/her/them as Trustee under said Deed of Trust.
IN WITNESS WHEREO F OWNER AND SUCCESOR TRUSTEE THE UNDERSIGNED has caused the execution on:
CITY OF VICTORVILLE
Date:_______________ By: ______________________________ Tony Camargo
Deputy City Manager
EXHIBIT A
LEGAL DESCRIPTION
All that real property located in the City of Victorville, San Bernardino County, State of California described as follows:
LOT 94 OF TRACT NO. 5189 IN THE CITY OF VICTORVILLE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 63, PAGES 27 THROUGH 31, INCLUSIVE OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THE INTEREST IN ½ OF ALL OIL, GAS AND MINERALS LYING AND BEING MORE THAN 200 FEET BELOW THE RESPECTIVE PRESENT SURFACE ELEVATIONS OF
THE ABOVE DESCRIBED PROPERTY, WHICH WAS EXCEPTED IN THE DEED FROM APPLETON LAND, WATER AND POWER COMPAN Y, TO N.K. MENDLESOHN, ETAL., RECORDED JNE 11, 1954 IN BOOK 3400, PAGE 409, OF OFFICIAL RECORDS, WHICH DEED PROVIDES AS FOLLOWS: “THAT SUCH EXCEPTED OWNERSHIP OF SUCH ½ INTEREST IN AND TO SUCH OIL,
GAS AND MINERALS DOES NOT INCLUDE AND SHALL NOT BE CONSTRUED TO INCLUDE ANY
RIGHT OF ENTRY UPON ANY PART OF THE SURFACE OF THE HEREIN DESCRIBED PROPERTY
FOR THE PURPOSE OF EXPLORATION, DEVELOPMENT, DRILLING, STORAGE OR OTHER ACTIVITY ANCILLARY TO THE REMOVAL OF SUCH OIL, GAS OR MINERALS”
APN: 3093-521-36
15688 Tokay Street
Victorville, CA 92395
State of California
County of San Bernardino
On __________ , before me, , Personally appeared Date Name and Title of the Officer
who proved to me on the basis of satisfactory
Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature Place Notary Seal Above
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ATTACHMENT C
Cancellation and Release of
CC&Rs
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF VICTORVILLE
ATTN: TONY CAMARGO
14343 CIVIC DRIVE
VICTORVILLE, CA 92392
RE: RRP Case No. 22-11-28
______________________________________________________________________
(EXEMPT FROM RECORDING FEES PURSUANT TO GOVERNMENT CODE SECTION 27383 and/or 6103)
APN: 3093-521-36
15688 Tokay Street
Victorville, CA 92395
CANCELLATION OF DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS AND
RELEASE OF NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF
PROPERTY
PLEASE TAKE NOTICE THAT the City of Victorville, a Municipal Corporation (the “City”) is the sole beneficiary of that certain Declaration of Covenants, Conditions, and Restrictions (CC&Rs) executed by the City of Victorville Planning Department on November 28, 202 2 and recorded on December 07, 2023 as Instrument No. 2023- 0302686 in the Official Records of San Bernardino County, California (the “Affordable Housing Restrictions”) , upon that certain real property identified in the Affordable Housing Restrictions and described in the attached Exhibit A (the “Property”) . The Affordable Housing Restrictions were recorded concurrently with the Notice of Affordability Restrictions on Trans fer of Property, executed on November 28, 2022, by Planning Department, and recorded on December 07, 2023 , as Instrument No. 20 23- 0302688 in the Official Records of San Bernardino County, California (the “Notice of Affordability Restrictions on Transfer of Property”).
Pursuant to the terms of the Affordable Housing Restrictions, the City shall execute a release of the encumbrances provided that the homeowner has repaid the Residential Rehabilitation Program loan in full and remitted the accrued interest payment to the City of Victorville . As the preceding conditions have now been met, the City of Victorville hereby terminates the Affordable Housing Restrictions and forever releases the encumbrances of the Affordable Housing Restrictions from the Property. Accordingly, the Notice of Affordability Restrictio ns on Transfer of Property is also terminated and released.
CITY OF VICTORVILLE
DATE: _____________________ By:
Tony Camargo
Deputy City Manager
EXHIBIT A
LEGAL DESCRIPTION
All that real property located in the City of Victorville, San Bernardino County, State of California described as follows:
LOT 94 OF TRACT NO. 5189 IN THE CITY OF VICTORVILLE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 63, PAGES 27 THROUGH 31, INCLUSIVE OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THE INTEREST IN ½ OF ALL OIL, GAS AND MINERALS LYING AND BEING MORE THAN 200 FEET BELOW THE RESPECTIVE PRESENT
SURFACE ELEVATIONS OF THE ABOVE DESCRIBED PROPERTY, WHICH WAS
EXCEPTED IN THE DEED FROM APPLETON LAND, WATER AND POWER COMPANY, TO N.K. MENDLESOHN, ETAL., RECORDED JNE 11, 1954 IN BOOK 3400, PAGE 409, OF OFFICIAL RECORDS, WHICH DEED PROVIDES AS FOLLOWS: “THAT SUCH EXCEPTED OWNERSHIP OF SUCH ½ INTEREST IN AN D
TO SUCH OIL, GAS AND MINERALS DOES NOT INCLUDE AND SHALL NOT BE
CONSTRUED TO INCLUDE ANY RIGHT OF ENTRY UPON ANY PART OF THE
SURFACE OF THE HEREIN DESCRIBED PROPERTY FOR THE PURPOSE OF
EXPLORATION, DEVELOPMENT, DRILLING, STORAGE OR OTHER ACTIVITY ANCILLARY TO THE REMOVAL OF SUCH OIL, GAS OR MINERALS”
APN: 3093-521-36
15688 Tokay Street
Victorville, CA 92395
State of California
County of San Bernardino
On __________ , before me, , Personally appeared Date Name and Title of the Officer
who proved to me on the basis of satisfactory
Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature Place Notary Seal Above
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ATTACHMENT D
Original Promissory Note,
Deed of Trust, CC&Rs and
Notice of Affordability
Restrictions
Item Number: 18
City Council / Board of Directors
Consent Calendar
Meeting of: August 18, 2026
Submitted By:
Tanya Thomas, Technology Manager
Subject:
Fiscal Year 2025/2026 VictorvilleNOW Annual Report – Year One Resident Engagement and Service Metrics
Recommendation:
That the Honorable City Council review and file the attached Fiscal Year 2025/2026 VictorvilleNOW Annual Report.
Fiscal Impact:
There is no fiscal impact associated with this action.
Strategic Plan Goal:
This item aligns with Strategic Plan Goal F, Communication and Outreach. The City focuses on building strong connections with community partners, residents, and employees.
Background:
VictorvilleNOW is the City’s mobile app for reporting non-emergency issues and connecting residents with municipal services. Since its launch in July 2025, the platform has empowered residents to submit service requests, track progress, and communicate directly with City departments. The app supports the City’s commitment to responsive, citizen-centered service and continuous innovation.
Discussion:
The VictorvilleNOW Annual Report demonstrates the City’s progress in leveraging technology to enhance resident engagement and streamline municipal service delivery.
The app’s adoption rate, over 3,278 downloads and 1,600 registered accounts in its first year, reflects strong community interest in digital tools for non-emergency service requests.
4 8
6 9
The volume and resolution of service requests (9,001 submitted, 96% resolved, 83% closed on time) indicate both the effectiveness of the platform and the responsiveness of City departments. The nearly equal split between requests submitted via the app and the City website underscores the importance of offering multiple channels to accommodate diverse resident preferences.
A notable outcome is the significant increase in illegal dumping and debris removal, with 1,454.86 tons collected, a 14.3% rise over the previous year. This suggests that VictorvilleNOW has made it easier for residents to report issues, resulting in tangible improvements to community cleanliness and quality of life.
Departmental data reveal that Public Works, Code Compliance, and Animal Services are the primary recipients of resident requests, highlighting ongoing needs related to infrastructure, neighborhood concerns, and animal welfare. The platform’s ability to route requests efficiently to the appropriate department has improved service delivery and transparency.
Looking forward, the City faces opportunities to further increase resident awareness and adoption, expand available services, and enhance performance analytics. Challenges may include maintaining high levels of responsiveness as request volumes grow, ensuring equitable access for all residents, and continuously improving the app’s functionality based on user feedback.
Overall, VictorvilleNOW’s first year has laid a strong foundation for a more connected, responsive, and citizen-centered community. Continued investment in outreach, technology enhancements, and cross-departmental collaboration will be essential to sustaining and building upon these successes.
Therefore, staff recommends that the Honorable City Council review and file the attached Fiscal Year 2025/2026 VictorvilleNOW Annual Report – Year One Resident Engagement and Service Metrics.
Staff is available for any questions you may have.
Prepared By:
Amjad Al-Omar, Business Intelligence Developer
Attachments: A. Fiscal Year 2025/2026 VictorvilleNOW Annual Report – Year One Resident Engagement and Service Metrics
Attachment A
Fiscal Year 2025/2026
VictorvilleNow Annual Report
- Year One Resident
Engagement and Service
Metrics
REPORT
One Year of Resident EngagementJULY 2025 -
JULY 2026
VICTORVILLE
NOW
FY 25/26 ANNUAL
T A B L E O F
C O N T E N T S
0 1
App Metrics 02
Resident Engagement 03-04
Highlights 14
Top Request Types 05-09
Department Breakdown 10-13
Looking Ahead 15
A P P
M E T R I C S
0 2
4,979
App Downloads
1,633
Accounts Created
50.3%
Conversion Rate*
* - Users that download the app
after seeing it in the App Store
0 3
R E S I D E N T
E N G A G E M E N T
How Residents Submit Requests
VictorvilleNOW App City Website
4,167 Requests
46.2%
4,849 Requests
53.8%
R E S I D E N T
E N G A G E M E N T
0 4
Requests Opened VS. Closed
Over Time
Requests Opened Requests Closed
July
August
September
October
November
December
January
FebruaryMarch April May June July0
200
400
600
800
1000
1200
0 2 0 0 4 0 0 6 0 0 8 0 0 1 , 0 0 0 1 , 2 0 0
I l l e g a l D u m p i n g
Tr a s h / D e b r i s
I l l e g a l S t r e e t P a r k i n g
G r a f f i t i R e m o v a l
U n m a i n t a i n e d P r i v a t e P r o p e r t y 1 , 1 9 7
9 4 3
5 6 5
5 5 0
5 4 7
0 5
T O P 5
R E Q U E S T T Y P E S
1 - ILLEGAL
DUMPING
0 6
2 -TRASH
& DEBRIS
Private Property Public Property
&
1,272.85 tons FY 24/25tons collected
FY 25/26tons collected1,454.86 tons
1 , 1 9 7 I l l e g a l D u m p i n g
R e q u e s t s
9 4 3 T r a s h / D e b r i s r e q u e s t s
2 , 1 4 0 t o t a l
1 0 0 % c o m p l e t i o n r a t e
14.3%increase
Environtmental Programs
Division
0 7
3 - I L L E G A L
S T R E E T P A R K I N G
565 total requests
94% completion rate
16 vehicles towed
36 parking citations issued
Code Compliance
Division
4 - G R A F F I T I R E M O V A L
0 8
550 total requests
181,108 square feet of graffiti covered
3,963 graffiti locations
440 gallons of paint used
99.2% completion rate
Public Works - Streets Division
5 - U N M A I N T A I N E D
P R I V A T E P R O P E R T Y
0 9
Code Compliance Division
5 4 7 r e q u e s t s
4 9 8 n o t i c e s o f v i o l a t i o n i s s u e d 4 5 2 r e s o l v e d v i o l a t i o n s
8 2 % c o m p l e t i o n r a t e
P u b l i c W o r k s C o d e C o m p l i a n c e O t h e r 0 1 , 0 0 0
2 , 0 0 0
3 , 0 0 0
4 , 0 0 0
5 , 0 0 0
4 , 5 3 1
3 , 8 3 1
6 5 4
1 0
D E P A R T M E N T
B R E A K D O W N
Total Number of Requests Received
1 1
PUBLIC WORKSby the Division
R O W / L M A D S / W W C
4 7 2
S t r e e t s
1 , 2 1 2
E n v i r o n m e n t a l P r o g r a m s
2 , 5 6 9
T r a f f i c
3 3 5
- 132 street/traffic signs repaired
- 44 dirt shoulder issues resolved
- 38 storm drains repaired
- 275 abandoned shopping carts collected
- 315 potholes and concrete cracks filled
1 2
CODE COMPLIANCEby the Division
Animal Services
1,159
C o d e C o m p l i a n c e
2 , 6 7 2
- 1 6 4 ju n k v e h ic le s r e m o v e d
- 9 0 s t r e e t v e n d in g is s u e s r e s o lv e d - 2 4 0 h o m e le s s r e q u e s t s f o r s h e lt e r o r r e s o u r c e s f u lf ille d
- 4 2 0 h o m e le s s e n c a m p m e n t r e q u e s t s c o m p le t e d
- 1 4 5 p e t s f o u n d a n d r e s c u e d
- 1 7 6 a d o p t io n in t e r e s t r e q u e s t s f u lf ille d 1 3
OTHER DEPARTMENTSbreakdown
E c o n o m i c D e v e l o p m e n t
2 3 4
C o m m u n i t y S e r v i c e s
4 3
E n g i n e e r i n g
5 4
P o l i c e
1 2 5
W a t e r
1 8 8
- 2 1 7 n o i s e c o m p l a i n t s r e s p o n d e d t o - 3 4 w a t e r m e t e r s r e p a i r e d
- 1 7 f i r e h y d r a n t s r e p a i r e d
- 4 3 s p e e d i n g r e p o r t s r e v i e w e d - 6 1 w a t e r r u n o f f i s s u e s r e s o l v e d
YEAR 1 HIGHLIGHTS
1 4
9,001
Requests Submitted
96%
Requests Resolved
83%
Requests Closed on
Time
1 Average Days to
Acknowledge
I n c r e a s i n g r e s i d e n t a w a r e n e s s a n d a d o p t i o n t h r o u g h o n g o i n g o u t r e a c h a n d c o m m u n i c a t i o n .
E n h a n c i n g p e r f o r m a n c e r e p o r t i n g a n d a n a l y t i c s t o s u p p o r t i n f o r m e d o p e r a t i o n a l d e c i s i o n s a n d c o n t i n u o u s i m p r o v e m e n t .
I m p r o v i n g t h e r e s i d e n t e x p e r i e n c e t h r o u g h s t r e a m l i n e d w o r k f l o w s , e n h a n c e d c o m m u n i c a t i o n , a n d c o n t i n u e d t e c h n o l o g y e n h a n c e m e n t s .
S u p p o r t i n g t h e C i t y ' s S t r a t e g i c P l a n b y f o s t e r i n g a m o r e c o n n e c t e d , r e s p o n s i v e , a n d c i t i z e n - c e n t e r e d c o m m u n i t y .
LOOKING AHEAD
1 5
Item Number: 19
City Council / Board of Directors
Consent Calendar
Meeting of: August 18, 2026
Submitted By:
Mica Schuler, Economic Development Administrator
Subject:
Economic Development Newsletter – FY25-26 Q3 & Q4
Recommendation:
That the Honorable City Council review and file the attached Economic Development Newsletter.
Fiscal Impact:
There is no fiscal impact associated with this item.
Strategic Plan Goal:
The Economic Development Newsletter supports the City’s Strategic Plan, Goal C, Strategy 2 and Strategy 7 by providing transparency and communication regarding the Division’s ongoing efforts to support business growth, investment, and revitalization. Through regular updates on business attraction initiatives, development activity, business support programs, marketing efforts, and community partnerships the newsletter highlights the City’s continued commitment to economic growth.
Background:
As part of the City’s Strategic Plan, Goal C, Strategy 2 and Strategy 7, the Economic Development Division works year-round to support business growth through targeted marketing efforts, relationship building, and the pursuit of new development opportunities. In February 2026, the Division expanded its responsibilities to include housing and grant opportunities, further supporting the City’s efforts to promote investment, community development, and economic growth. The Economic Development Division supports business retention by actively engaging with local businesses to strengthen relationships between the business community and City staff, while also promoting Shop Local campaigns to encourage residents to support local businesses and strengthen Victorville’s economy.
To highlight these efforts and accomplishments, staff provides a biannual Economic Development Newsletter to the City Council highlighting local economic activity, new developments, and Division initiatives.
Discussion:
As part of the City’s ongoing efforts to achieve the strategies outlined in the adopted Strategic Plan for Community and Economic Development, this Newsletter provides updates on key projects, programs, departmental activities, and performance indicators. The Economic Development Division will continue 4 8
6 2
to provide biannual updates to the City Council highlighting recent accomplishments, initiatives, and economic development activities. Staff remains available for any questions you may have.
Prepared By:
Rebecca Carrillo – Marketing Technician
Attachments: A. Economic Development Newsletter – FY25-26 Q3 & Q4 Attachment A:
Economic Development
Newsletter – FY 25-26 Q3
&Q4
W H A T ’ S N E W I N E C O N O M I C D E V E L O P M E N T ?
N E W S L E T T E R
E C O N O M I C D E V E L O P M E N T
F Y 2 0 2 5 / 2 6 Q 3 - Q 4
F Y 2 0 2 5 / 2 6 Q 3 - Q 4
On April 9, 2026, the City of Victorville hosted its Old Town Networking & Partnership Event, bringing together approximately 80 attendees and 13 vendors. T he event provided an opportunity for brokers, business owners, investors, and community
stakeholders to connect and discuss the City's vision for revitalizing Old Town Victorville.
The event was a success, generating valuable conversations and connections focused on future investment and growth. The City looks forward to continuing these efforts through future networking opportunities and events.
O l d T o w n N e t w o r k i n g & P a r t n e r s h i p E v e n t
E C O N O M I C D E V E L O P M E N T H O S T S U C C E S S F U L In an effort to encourage residen ts to shop locally, staff launche d the Victorville Open Rewards program, a free mobile rewards app that allows users to earn cash-back rewards when they shop at p articipating Victorville businesses. Users can earn rewards by linking eligible payment cards or scanning qualifying receipts in the app, then redeem their accumulated rewards for cash after making a subsequent qualifying purchase at a participating Victorville business. The program makes it easy for residents and visitors to support local businesses while ea rning money back on their purchases.
O p e n R e w a r d s : S h o p L o c a l A p p
V I C T O R V I L L E L A U N C H E S N E W
The app is free to downlaod on the Apple App Store or Google Play Store. Download Now! Victorville, CA
In May, the City of Victorville was proudly represented at the annual CBC Symposium.
Economic Development Administrator Mica Schuler presented on the exciting growth and momentum taking place throughout the City, highlighting economic development initiatives, new investment op portunities, and the City's continued commitment to creating a thriving community for residents, businesses, and visitors.
C o l d w e l l B a n k e r 2 0 2 6 E c o n o m i c & R e a l E s t a t e S y m p o s i u m
E C O N O M I C D E V E L O P M E N T S T A F F P R E S E N T A T
Pandora Jewelry
Brew Roooster Coffee
W E L C O M E T O V I C T O R V I L L E
B u s i n e s s R e t e n t i o n & O u t r e a c h
To foster a business-friendly environment, Staff personally visit newly opened businesses to welcome them to the Victorville business community. During each visit, businesses receive a Victorville-branded welcome box filled with helpful resources and promotional items. These visits provide an opportunity to build relationships, answer questions, and create open lines of communication, reinforcing the City's commitment to
supporting local businesses and helping them succeed.
High Desert Sushi
C H E L A Y C A R N I T A S
M A Y 2 0 2 6 W I N N E R
H O L I D A Y S K A T I N G C E N T E R
J U N E 2 0 2 6 W I N N E R
Chela y Carnitas is a local favorite serving authentic Mexican cuisine, including its fan-favorite specialty gorditas, along with traditional carnitas, tacos, burritos, and more. Visit them at 14335 Hesperia Rd, Victorville, CA 92392.
Holiday Skating Center brings retro roller skating fun to Victorville with themed skate nights, family-friendly entertainment, and party rentals for all occasions.
Skate on over to 14950 Palmdale Rd, Victorville, CA 92392 for lots of fun!
CELEBRATING OUR BUSINESSES
i n V i c t o r v i l l e !
R I B B O N C U T T I N G S
Famous Dave's has officially opened its doors at Restaurant Row on Amargosa Road, bringing its award-winning barbecue to the Victor Valley for the first time. The new restaurant expands local dining options and adds another recognizable brand to Victorville's growing restaurant scene.
FAMOUS DAVE’S OPENS FIRST VICTOR VALLEY
LOCATION - 5/29/26
P A N D O R A J E W E L R Y O P E N S A T T H E
M A L L O F V I C T O R V A L L E Y - 5 / 2 2 / 2 6 Pandora Jewelry has joined the lineup at The Mall of Victor Valley, offering shoppers a new destination for customizable jewelry, gifts, and accessories. The addition further enhances the City's retail offerings and shopping experience.
M I G U E L S U S H I O P E N S
O N P A L M D A L E R O A D - 1 2 / 1 5 / 2 5
Miguel Sushi is now serving customers at the shopping center located at Palmdale Road and Park Avenue. The new restaurant adds to Victorville's diverse dining options, providing residents and visitors with another local choice for fresh Japanese cuisine. #MYBIZINVV SOCIAL MEDIA CAMPAIGN
The #MyBizinVV program promotes Victorville businesses by awarding one licensed b usiness each month with a professionally produced promotional video valued at $2,000, showcasing local busi nesses through the City's social media channels. Staff recognized the following winners:
C O M M E R C I A L D E V E L O P M E N T S
C O M I N G S O O N :
T a r g e t - A n c h o r e d S h o p p i n g C e n t e r The City of Victorville is excited to welcome a new Target-anch ored shopping center as part of Phase II of Desert Sky Plaza located northeast of Roy Rogers Drive and Amargosa Road. The approximately 30-acre development will bring a variety of new retail, dining, and service businesses to the community, including Burlington, Ross Dress for Less, Five Below, Better Buzz Coffee, Luna Grill, 85°C Bakery Café, Ono Hawaiian BBQ, Yogurtland, Chase Bank, and more. Construction is anticipated to begin Q3 of 2026.
N E W M C D O N A L D ’ S
a t N W c o r n e r o f R o y R o g e r s D r . & A m a r g o s a R d .
The Amargosa Shopping Center will soon welcome a new McDonald’s restaurant at the northwest corner of Amargosa Road, bringing additional dining opportunities and continued commercial growth to the area.
H A M P T O N I N N
B r e a k s G r o u n d o n N e w 1 1 9 - R o o m H o t e l Construction is underway on a new five-story, 119-room Hampton Inn located at 12820 Locust Avenue (at M ariposa Road). The new hotel will expand Victorville's lodging options, support tourism and business travel, and further strengthen the City's growing hospitality sector.
N E W R E T A I L E R S
C o m i n g t o V i c t o r v i l l e S o o n !
D U T C H B R O S O P E N S N E W L O C A T I O N
a t N E c o r n e r o f P a l m d a l e R d . & C a n t i n a S t .
Dutch Bros opened its third Vic torville location on the west sid e of the City near U.S. Highway 395 as part of a new commercial development that also includes a new Quick Quack car wash.
N E W A U T O Z O N E
a t N W c o r n e r o f M o j a v e D r . & E l E v a d o R d .
A new AutoZone is currently being constructed at 14394 Mojave Drive.
RESIDENTIAL GROWTH
C O N T I N U E D R E S I D E N T I A L G R O W T H
& S T A T S U P D A T E
1,3 2 4
1,3 2 4
P R O P O S E D
H O U S IN G U N IT S
6 5 1
6 5 1
A P P R O V E D
H O U S IN G U N IT S
1,4 0 7
1,4 0 7
F U T U R E
R E S ID E N T IA L L O T S
12 12
S IN G L E - F A M IL Y T R A C T S
U N D E R C O N S T R U C T IO N
A C T IV E
Victorville continues to experience strong residential growth to support its expanding population and workforce. The City currently has approximately 1,324 proposed housing units in the development pipeline, along with 651 approved housing units and six tentative tract maps representing 1,407 future residential lots. Recent multi-family developments include a 99-unit condominium project and a 212-unit apartment community, adding a range of housing options for residents. In addition, there are currently 12 single-family residential tracts under construction, reflecting continued momentum in housing development across the City.
I N D U S T R I A L & O F F I C E D E V E L O P M E N T Plans are in place for an 806,000-square-foot warehouse at the southeast corner of Abbey Lane and Stoddard Wells Road.
A 996,194-square-foot warehouse is proposed in the Ottawa Business Center, situated at the northeast corner of Ottawa Street and Hesperia Road.
A 1.1 million-square-foot industrial warehouse is anticipated at the site of the former golf course within Southern California Logistics Airport (SCLA).
I N D U S T R I A L W A R E H O U S E S I N P L A N N I N G P H A S E
A M E R I C A N J E R K Y
2 ,9 0 2 ,1 9 4 S F .
2 ,9 0 2 ,1 9 4 S F .
O F I N D U S T R I A L D E V E L O P M E N T I N T H E P L A N N I N G S T A G E
M E D I C A L O F F I C E S
An 8,095-square-foot medical office building is currently under construction on the east side of Business Center Drive between Silica Drive and Jasmine Street.
A M E R I C A N J E R K Y
Construction is progressing on a new 238,798-square-foot manufacturing facility for American Jerky dog treats, located at the southeast corner of Hesperia Road and Nisqualli Road.
M E D I C A L O F F I C E
A new medical office, spanning 26,355 square feet, is currently under construction at the northeast corner of Amargosa Road and Midtown Drive.
A T M I D T O W N D R .
H O S P I T A L E X P A N S I O N
Desert Valley Hospital is expanding its facilities by constructing an 83,615 square foot, two-story building. This new addition will feature an expanded Emergency Department on the first floor and a Medical Surgical Department on the second floor, enhancing medical services available to the Victor Valley community. 2 7 3 ,2 4 8 S F .
2 7 3 ,2 4 8 S F .
O F I N D U S T R I A L D E V E L O P M E N T U N D E R C O N S T R U C T I O N
T O B U I L D A S T R O N G W O R K F O R C E I N V I C T O R V I L L E
W O R K I N G W I T H S A N B E R N A R D I N O C O U N T Y W O R K F O R C E D E V E L O P M E N T
W O R K F O R C E & J O B D E V E L O P M E N T
Staff continues to work with San Bernardino County Workforce Development to support local businesses, address workforce needs, and help ensure Victorville meets its workforce demands. As part of these ongoing efforts, Workforce Development recently hosted two multi-industry hiring events in Victorville.
M U L T I - I N D U S T R Y
2 2
H I R I N G E V E N T S
6 3
6 3
C O N F I R M E D
1 ,1 1 0
1 ,1 1 0J O B
S E E K E R S H I R E S
I N V E S T E D I N O N - T H E - J O B T R A I N I N G $ 1 5 0 ,0 0 0
$ 1 5 0 ,0 0 0
F O R V I C T O R V I L L E B U S I N E S S E S
F o r m o r e i n f o r m a t i o n o n t h e s e p r o g r a m s , p l e a s e v i s i t w o r k f o r c e . s b c o u n t y . g o v E c o n o m i c D e v e l o p m e n t i n A c t i o n ! S T A F F O N T H E M O V E :
The Economic Development tea m continues to actively promote Victorville as a premier destination for business investment and growth. This spring, staff att ended MRO Americas in April, IC SC Las Vegas in May, and the Team California Spin-Off Foreign Direct Investment event in May, where they met with developers, retailers, aerospace companies, site selectors, and industry leaders. Through these events and ongoing outreach, staff continues to build relationships, recruit new businesses, and attract investment that supports Victorville's long-term economic growth.
B U S I N E S S A T T R A C T I O N & M A R K E T I N G
HOUSING DIVISION
1 2
1 2
A W A R D E D
C D B G R E C I P I E N T S
1 2
1 2
C O M P L E T E D
R E S I D E N T I A L R E H A B I L I T A T I O N P R O G R A M S 1 0
1 0
C O M P L E T E D
S E N I O R H O M E R E H A B I L I T A T I O N P R O G R A M P R O J E C T S 6 6
C O N S T R U C T I O N P R O J E C T S
C U R R E N T L Y U N D E R W A Y
2 , 5 5 8
2 , 5 5 8
B L I G H T C O D E C O M P L I A N C E C A S E S
R E S O L V E D T H R O U G H C D B G F U N D I N G
B E F O R E
A F T E R
G e t a R e f r e s h !
A U T O P A R K S I G N S A T R O Y R O G E R S D R I V E E X I T Recently, the Auto Park advertising signs located on the east and west sides of I-15 near the Roy Rogers Drive freeway interchange were refreshed with new paint to enhance the corridor’s appearance and maintain a clean, welcoming gateway into the City. Additionally, the pylon signs on the west side have been replaced, further improving the overall appearance of the area.
F Y 2 0 2 5 - 2 6 H I G H L I G H T S & M A J O R A C C O M P L I S H M E N T S
W R A P P I N G U P T H E Y E A R
The City of Victorville continued to administer the Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) to support housing, public service s, neighborhood revitalization, and community development activities benefiting low- and moderate-income residents.
C D B G F Y 2 0 2 5 - 2 6 A C C O M P L I S H M E N T S :
F E D E R A L G R A N T S
The City of Victorville, through its Federal Grants, provides two residential rehabilitation programs: the Senior Home Rehabilitation Program (SHRP) grant and the Residential Rehabilitation Program. The Senior Home Rehabilitation Program is targeted at low-income homeow ners who are at least 62 years old, permanently disabled, or handicapped, offering a one- time grant not exceeding $20,000 to make essential home repai rs. Meanwhile, the Residential Rehabilitation Program offers low-interest deferred loans to income-eligible homeowners, allowing them to receive up to $20,000. The purpose of these funds is to enhance curb appeal and address any health and safety or building code violations. 1 0
C O M P L E T E D P R O J E C T S
I N F Y 2 5 - 2 6
A N T I C I P A T E D P R O J E C T S
F O R F Y 2 6 - 2 7
S E N I O R H O M E R E H A B A L I T A T I O N P R O G R A M R E C A P :
$ 2 4 9 , 9 5 3
F Y 2 6 - 2 7 B U D G E T
1 1
B E F O R E
A F T E R
R E S I D E N T I A L R E H A B I L I T A T I O N P R O G R A M R E C A P :
The City's Residential Rehabilita tion Program continues to improve local neighborhoods by helping homeowners make critical repairs and exterior improvements. During Fiscal Year 2025-26, 12 homes were rehabilitated, with four additional projects currently un derway. With $300,000 budgete d for Fiscal Year 2026-27, the program is expected to assist approximately 19 homeo wners, improving the safety, appearance, and longevity of homes throughout the community.
R E C E N T L Y C O M P L E T E D P R O G R A M P R O J E C T :
The project included the installation of all new windows, pressur e washing the exterior, repairing cracks in the stucco, and painting the home's exterior, including the fascia, eaves, and slab edge. The front door was also adjusted and leveled, with new weatherstripping installed to improve weatherization and energy efficiency. 1 2
1 2
H O M E S
R E H A B IL IT A T E D
IN F Y 2 5 - 2 6
1 9
1 9
P R O J E C T E D
P R O J E C T S
F O R F Y 2 6 - 2 7
4 4
P R O J E C T S
C U R R E N T L Y
U N D E R W A Y
E c o n o m i c D e v e l o p m e n t | o p p o r t u n i t i e s @ v i c t o r v i l l e c a . g o v | ( 7 6 0 ) 9 5 5 - 5 0 3 2 Item Number: 20
City Council / Board of Directors
Written Communications
Meeting of: August 18, 2026
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Southern California Edison Easement on Mesa Street and Topaz Road Recommendation:
That the Honorable City Council:
(1) Grant exclusive utility easement to Southern California Edison on Assessor Parcel Numbers (APNs) 3136-451-08, 3136-451-11, and 3136-451-12 as described in the attached documents; and
(2) Authorize the City Manager to execute the easement on the City's behalf.
Fiscal Impact:
There will be no fiscal impact resulting from this action.
Strategic Plan Goal:
This item aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. Approval of the easement will allow Southern California Edison to install the necessary infrastructure to allow LGI Homes continue development of Tract No. 17584.
Background:
The Lane’s Crossing community consists of 550 single-family residential lots located near Mesa Street and Mesa Linda Street, as shown in the Vicinity Map (Attachment A). This project encompasses Tract Map Nos. 17582, 17583, and Nos. 17585 through 17588, which overlay Master Tract Map No. 17584. Originally approved under the name "Vista del Valle" at the December 7, 2021 City Council meeting, the final maps were subdivided by the previous developer, Joshua Tree Fund 589 VIC, LLC. Per Victorville Municipal Code Section 17.64.065, Joshua Tree initially secured final map approval through a Subdivision Improvement Agreement (SIA) secured by a Lien Agreement. In 2022, LGI Homes (LGI) acquired the tracts and renamed the community "Lane’s Crossing" to honor 4 8
2 7
Captain Aaron G. Lane, the first pioneer settler on the Mojave River who established an 1800s ranch and traveler store in the area.
At the August 16, 2022 meeting, the City Council approved a new SIA with LGI, which is detailed in Approved Phasing Plan (Attachment B). This update secured Phase 1 with improvement bonds and Phases 2 and 3 with a new lien agreement. Under this arrangement, Phase 1 focuses on Tract Map Nos. 17585 and 17586 alongside the extension of Topaz Road from Mesa Street to Eucalyptus Street. Phase 2 encompasses Tract Map Nos. 17587 and 17588, and Phase 3 concludes the layout with Tract Map Nos. 17582 and 17583.
The Engineering Department issued a Right-of-Way Subdivision permit to LGI for Phase 1 on January 11, 2024, after LGI secured all necessary jurisdictional permits. LGI has since made significant grading progress and completed most of the onsite water and sewer systems. The project is now ready for Southern California Edison (SCE) to install the phase's electrical infrastructure. This follows the City Council's August 16, 2022 action, which granted SCE an exclusive utility easement on Assessor Parcel Number 3136-451-08 to facilitate the initial Mesa Street work order.
Discussion:
The required underground conduits and vault structures will be mostly constructed within the dedicated right-of-way on Mesa Linda Street and Mesa Street. SCE has requested an easement on the City’s lettered lots along the Mesa Street and Topaz Road frontages for further installation. The lettered lots which were dedicated in-fee to the City for the required landscaping and irrigation improvements (LMAD) on Mesa Street and Topaz Road that LGI will ultimately construct.
To satisfy safety and access protocols, SCE requires an eight-foot clearance around all transformer structures, necessitating this additional footprint within the lettered lots. Staff recommends that the City Council grant SCE the requested easements to allow LGI to proceed with tract development. Without the easements in place, SCE cannot energize the utility lines, which will ultimately result in delays in construction.
Staff is available for any questions Council may have.
Prepared By:
Jean Kim, Assistant Engineer II
Attachments: A. Vicinity Map
B. Approved Phasing Plan
C. Easement Documents
A
ttachment A
Vicinity Map
A
ttachment B
Approved Phasing Plan
LOT A
LOT D TRACT 17584
LOT D TRACT 17584
LOT G TRACT 17584
LOT M TRACT 17584
7 TR 17585
TR 17586
LOT A
LEGEND
TR 17584 LOT E
PHASE 2PHASE 2
PHASE 1
PHASE 1 - CONSTRUCT 8" SS LINE TO THE EXIST. MH AT
TOPAZ RD AND EL NIDA PER APPROVED CITY PLAN SP-768
ORO GRANDE WASH
CHANNEL PER APPROVED
STORM DRAIN PLAN
PHASE 1 - CONSTRUCT 26' WIDE, 5.5" A.C. OVER 8" C.A.B.
FIRE ACCESS ROAD TO EUCALYPTUS AVE. VERTICAL
PROFILE BASED ON APPROVED CITY PLAN SP-542
PHASE 1
223 LOTS
CONSTRUCT
TR17584 LOT C
PARK IN PHASE 1
CONSTRUCT FULL IMPROVEMENTS
AND ALL UTILITIES INCLUDING
SEWER LATERALS AND WATER
SERVICES TO PHASE 2 ON
DEL VALLE STREET IN PHASE 1
ROUGH GRADE AND CONSTRUCT
ALL UTILITIES INCLUDING SEWER
LATERALS AND WATER SERVICES
TO PHASE 2 ON LEPANTO STREET
IN PHASE 1
LOTS 1 - 16 OF TRACT 17587 TO BE
ROUGH GRADED PER APPROVED
CITY PLANS. HOUSES WILL NOT BE
RELEASED FOR CONSTRUCTION IN
PHASE 1
LOT A
LOT B
LOT A
LOT C
LOT D
LOT G TRACT 17584
6 3064-451-01
7 3071-701-20
3071-701-21
3071-701-19
LOT L TRACT 17584
LOT J TRACT 17584
LOT H
TRACT
17584
LOT A LOT B
TR 17588
TR 17584 LOT E
TR 17586
PHASE 1
TR17585
PHASE 1
PHASE 2
PHASE 3PHASE 3
PHASE 2
ORO GRANDE WASH
CHANNEL PER APPROVED
STORM DRAIN PLAN
PHASE 1
TR 17587
PHASE 2
252 LOTS
LEGENDCONSTRUCT THE ENTIRE
LENGTH OF SMOKETREE RD
STORM DRAIN LINE IN PHASE 2
CONSTRUCT
IN PHASE 2
LOTS 1 - 16 ON THE
NORTH SIDE OF
LEPANTO STREET WILL
BE ROUGH GRADED IN
PHASE 1. HOUSES WILL
BE CONSTRUCTED IN
PHASE 2
PHASE 2 - SMOKETREE ROAD
FROM MESA LINDA STREET TO
TOPAZ ROAD
LEPANTO STREET
PHASE 1 - ROUGH GRADE AND UTILITY INSTALLATION
PHASE 2 - STREET IMPROVEMENTS
LOT A
LOT B
LOT A
LOT B
LOT C
LOT D
LOT I TRACT 17584
LOT L TRACT 17584LOT J TRACT 17584
LOT L
TRACT
17584
TR 17587
TR 17582
TR 17583
LOT ALOT B
TR 17588
TR 17584 LOT E
PHASE 2
PHASE 3
PHASE 2
PHASE 2
PHASE 2
STORM DRAIN LINE
CONSTRUCTED IN
PHASE 2
PHASE 2
PHASE 2
STORM DRAIN LINE
CONSTRUCTED IN
PHASE 2
GRADING LIMITS
GRADING LIMITS
PHASE 2
PHASE 1 MATCHLINE
LOT D
TRACT
17584
CONSTRUCTED IN PHASE 1 PHASE 1
GRADING LIMITS
MATCHLINE
LOT A
PHASE 3
87 LOTS
LEGEND
A
ttachment C
Easement Documents
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
3 INNOVATION WAY, 2nd FLOOR
POMONA, CA 91768
Attn: Title and Real Estate Services
Mail Tax Statements to: N/A
SPACE ABOVE THIS LINE FOR RECORDER’S USE
SCE Doc. No.
GRANT OF
EASEMENT
DOCUMENTARY TRANSFER TAX $ NONE
VALUE AND CONSIDERATION LESS THAN $100.00)
DISTRICT
High Desert
SERVICE ORDER
TD2193698
SERIAL NO.
MAP SIZE
_____________________ SCE Company
SIG. OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME GV M MU -6311 -B1
APN 3136-451-08,
11, and 12
APPROVED:
REAL
PROPERTIES
BY
SLS/BT
DATE
06/08/2026
CITY OF VICTORVILLE, a municipal corporation of the State of California, (hereinafter referred to as “Grantor”), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as “Grantee”), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstr uct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as “systems”), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence, data and/or communications (eg. through fiber optic cab le), in, on, over, under, across and along that certain real property in the County of San Bernardino, State of California, described as follows:
VARIOUS STRIPS OF LAND LYING WITHIN LOTS D, G, AND H OF TRACT MAP NO. 17584, AS PER MAP FILED IN BOOK 361, PAGES 78 THROUGH 85 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID STRIPS ARE DESCRIBED AS FOLLOWS:
STRIP #1 (6.00 FEET WIDE)
THE NORTHERLY LINE OF SAID STRIP IS DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF CATABA ROAD, 60.00 FEET WIDE, WITH THE CENTERLINE OF MESA STREET, 64.00 FEET WIDE, AS SAID INTERSECTION IS SHOWN ON SAID TRACT MAP NO. 17584;
THENCE ALONG THE CENTERLINE OF SAID MESA STREET, NORTH 89°42’27” WEST 463.08 FEET;
THENCE LEAVING SAID CENTERLINE OF MESA STREET, SOUTH 00°17’33” WEST 32.00 FEET TO THE NORTHERLY LINE OF SAID LOT D AND THE TRUE POINT OF BEGINNING;
THENCE ALONG THE NORTHERLY LINE OF SAID LOT D, NORTH 89°42’27” WEST 31.67 FEET TO THE POINT OF TERMINUS.
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TD2193698
STRIP #2
A PORTION OF SAID LOT G, DESCRIBED AS FOLLOWS:
COMMENCING AT SAID INTERSECTION OF THE CENTERLINE OF CATABA ROAD WITH THE CENTERLINE MESA STREET;
THENCE ALONG THE CENTERLINE OF SAID MESA STREET, SOUTH 89°42’27” EAST 94.62 FEET;
THENCE LEAVING SAID CENTERLINE OF MESA STREET, SOUTH 00°17’33” WEST 32.00 FEET TO THE NORTHERLY LINE OF SAID LOT G , SAID POINT BEING DISTANT THEREON, SOUTH 89°42’27” EAST 43.91 FEET FROM THE WESTERLY TERMINUS OF THE NORTHERLY LINE OF SAID LOT G, SHOWN AS “NORTH 89°42’27” WEST 706.26 FEET” ON SAID MAP OF TRACT MAP NO. 17584 , AND THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID CERTAIN COURSE, NORTH 89°42’27” WEST 43.91 FEET TO THE BEGINNING OF A
CURVE IN THE NORTHWESTERLY LINE OF SAID LOT G, CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 20.00 FEET;
THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 08°54’54” AN ARC DISTANCE OF 3.11 FEET;
THENCE LEAVING SAID CURVE, SOUTH 77°09’09” EAST 15.31 FEET;
THENCE SOUTH 00°17’33” WEST 2.43 FEET;
THENCE SOUTH 89°42’27” EAST 22.00 FEET;
THENCE NORTH 00°17’33” EAST 2.03 FEET;
THENCE NORTH 69°02’20” EAST 10.96 FEET TO THE TRUE POINT OF BEGINNING.
STRIP #3
A PORTION OF SAID LOT G, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF HARVEY WAY, 60.00 FEET WIDE, WITH THE CENTERLINE MESA STREET, 64.00 FEET WIDE, AS SAID INTERSECTION IS SHOWN ON TRACT MAP NO. 17586, AS PER MAP FILED IN BOOK 362, PAGES 1 THROUGH 7 OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER;
THENCE ALONG THE CENTERLINE OF SAID MESA STREET, NORTH 89°42’27” WEST 104.39 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “A”;
THENCE LEAVING SAID CENTERLINE OF MESA STREET, SOUTH 00°17’33” WEST 32.00 FEET TO THE NORTHERLY LINE OF SAID LOT G , SAID POINT BEING DISTANT THEREON, NORTH 89°42’27” WEST 54.18 FEET FROM THE EASTERLY TERMINUS OF THE NORTHERLY LINE OF SAID LOT G, SHOWN AS “NORTH 89°42’27” WEST 706.26 FEET” ON SAID MAP OF TRACT MAP NO. 17584 , AND THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID CERTAIN COURSE, SOUTH 89°42’27” EAST 54.18 FEET TO THE BEGINNING OF A
CURVE IN THE NORTHEASTERLY LINE OF SAID LOT G, CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 20.00 FEET;
THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 09°36’24” AN ARC DISTANCE OF 3.35 FEET;
THENCE LEAVING SAID CURVE, SOUTH 79°25’58” WEST 17.54 FEET;
3 802573059
TD2193698
THENCE SOUTH 00°17’33” WEST 2.41 FEET;
THENCE NORTH 89°42’27” WEST 22.00 FEET;
THENCE NORTH 00°17’33” EAST 2.30 FEET;
THENCE NORTH 78°15’18” WEST 18.66 FEET TO THE TRUE POINT OF BEGINNING;
STRIP #4
A PORTION OF SAID LOT G, LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINES:
COMMENCING AT SAID POINT “A”;
THENCE ALONG THE CENTERLINE OF SAID MESA STREET, NORTH 89°42’27” WEST 353.37 FEET;
THENCE LEAVING SAID CENTERLINE OF MESA STREET, SOUTH 00°17’33” WEST 32.00 FEET TO THE NORTHERLY LINE OF SAID LOT G AND THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID NORTHERLY LINE OF LOT G, SOUTH 78°50’53” EAST 39.41 FEET;
THENCE SOUTH 89°42’27” EAST 22.67 FEET;
THENCE NORTH 79°17’’33” EAST 38.91 FEET TO THE POINT OF TERMINUS IN THE NORTHERLY LINE OF SAID LOT G.
STRIP #5 (18.50 FEET WIDE)
THE CENTERLINE OF SAID STRIP IS DESCRIBED AS FOLLOWS:
COMMENCING AT SAID INTERSECTION OF THE CENTERLINE OF HARVEY WAY WITH THE CENTERLINE MESA STREET;
THENCE ALONG THE CENTERLINE OF SAID MESA STREET, SOUTH 89°42’27” EAST 69.70 FEET TO THE
BEGINNING OF A TANGENT CURVE IN THE CENTERLINE OF SAID MESA STREET, CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 350.00 FEET;
THENCE EASTERLY AND SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 18°19’29” AN ARC DISTANCE OF 111.94 FEET;
THENCE LEAVING SAID CURVE, SOUTH 18°37’02” WEST 32.00 FEET TO THE NORTHERLY LINE OF SAID LOT H AND THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 18°37’02” WEST 5.08 FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID STRIP ARE TO BE SHORTENED TO TERMINATE NORTHERLY IN THE NORTHERLY LINE OF SAID LOT H.
FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION, SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF.
4 802573059
TD2193698
It is understood and agreed that the above description is approximate only, it being the intention of the Grantor(s) to grant an easement for said systems as constructed. The centerline of the easement shall be coincidental with the centerline of sai d systems as constructed in, on, over, under, across, and along the Grantor(s) property.
This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code.
Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described rea l property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may end anger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to suc h excavation as is practicable.
EXECUTED this _____ day of _______________________, 20____.
GRANTOR
CITY OF VICTORVILLE, a municipal corporation of
the State of California
____________________________________
Signature
____________________________________
Print Name
____________________________________
Title
EXECUTED this _____ day of _______________________, 20____.
GRANTEE
SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation
____________________________________
Signature
____________________________________
Print Name
____________________________________
Title
5 802573059
TD2193698
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the docu ment to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of )
On _______________________ before me, , a Notary Public, personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me tha t he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instru ment the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________________ (Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the docu ment to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of )
On _______________________ before me, , a Notary Public, personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me tha t he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instru ment the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________________ (Seal)
∆
LOT GLOT HTRACT MAP NO. 17584M.B. 361/78-85LOT M
MESA STREETBARTEL WAY
HARVEYWAY
TOPAZ ROAD
MESA STREET
TRACT MAP NO. 17585M.B. 361/96-104LOT 45LOT 46LOT 47LOT 48LOT 49 TRACT MAP NO. 17584M.B. 361/78-85LOT DLOT G
BARTEL WAY
CATABAROAD
LOT FN
EXHIBIT "A"
LOT DM.B. 361/78-85
MESA STREET
LOT GM.B. 361/78-85CATABAROAD
MESA STREET
∆
LOT GM.B. 361/78-85
MESA STREET
HARVEYWAY∆NEXHIBIT "A"
LOT GM.B. 361/78-85
MESA STREET
∆
LOT HM.B. 361/78-85
MESA STREETNEXHIBIT "A"
Item Number: 21
City Council / Board of Directors
Written Communications
Meeting of: August 18, 2026
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Budget amendment and approval of an agreement with David Evans and Associates Inc. for the design of a traffic signal on Ridgecrest Road at Bluff Crest Street and Vista Point Drive
Recommendation:
That the Honorable City Council:
(1) Adopt Resolution No. 26-074 to amend the Fiscal Year 2026/2027 Budget appropriating additional revenues and expenditures of $695,264 from San Bernardino County;
(2) Approve a Consultant/Professional Services Provider Agreement with David Evans and Associates, Inc., in an amount not to exceed $94,392 for the Design of a Traffic Signal at Ridgecrest Road at Bluff Crest Street and Vista Point Drive Project; and (3) Authorize the City Engineer to submit reimbursement claims to the San Bernardino County for the proportionate share of project costs incurred for the design and construction of the Ridgecrest Road at Bluff Crest Street and Vista Point Drive traffic signal project.
Fiscal Impact:
The recommended action to adopt the resolution will appropriate an additional $695,264 in revenue and authorize $695,264 in expenditures for the San Bernardino County’s (SB County) 50-percent share of the total estimated project cost of $1,390,528 for the preparation of plans, specifications, engineering, and construction of the traffic signal.
Resolution No. 26-074 (Attachment A) amends the FY 2026/27 Budget to reflect additional revenues and expenditures associated with the Street Lighting (Fund 200), Measure I (Fund 250) and Road DIF (Fund 352) accounts established for the project in the approved budget.
The recommended action to approve the Consultant/Professional Services Provider Agreement will result in a fiscal impact of $94,392. The City Council approved the FY 4 8
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2026/27 Budget which included the City’s 50-percent share of cost for the Ridgecrest Road/Bluff Crest Street and Vista Point Drive Traffic Signal Capital Improvement Project that totals $696,000. The consultant agreement will be funded by the Street Lighting, Measure I, and Road DIF project budget accounts. Table A below lists the account numbers, funds, additional appropriation, additional expenditures, current FY 2026/27 budget, and total budget available for this project:
Table A
Account
Number Fund Additional
Appropriation
Additional
Expenditure
Current FY
27 Budget
Total
Budget
2004500-
43180-
62079
Street
Lighting $231,755
2504500-
43180-
62079
Measure I $231,755
3524500-
43180-
62079
Road DIF $231,754
2004500-
55330-
62079
Street
Lighting $231,755 $232,000 $463,755
2504500-
55330-
62079
Measure I $231,755 $232,000 $463,755
3524500-
55330-
62079
Road DIF $231,754 $232,000 $463,756
Totals: $695,264 $695,264 $696,000 $1,391,266 Strategic Plan Goal:
This item aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. Amending the budget will provide the additional revenue to share the project expenditures. Furthermore, entering into an agreement with David Evans and Associates, Inc. will provide plans, specifications, and design of the traffic signal for construction which will help increase vehicular and pedestrian safety in the project area.
Background:
In April of 2025, SB County’s Department of Public Works contacted and notified the City’s Engineering Department of SB County’s initiation of an investigation for the potential installation of a signalized intersection on Ridgecrest Road. The investigation focused on the offset intersections of Ridgecrest Road with Vista Point Drive and Bluff Crest Street. Following the investigation, SB County Traffic Engineering Staff informed City staff that the collected traffic data supported the installation of a traffic signal, based on the traffic signal warrant analysis. SB County requested the City’s input and participation in the project, as the centerline of Ridgecrest Road at the offset intersection 4 8
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serves as the boundary between the two agencies, effectively splitting the project area in half. The attached Vicinity Map (Attachment B) depicts the location of the proposed project.
On January 20, 2026, the Council approved a Cooperative Agreement with SB County to jointly install and share the cost of developing the plans, specifications, engineering, and construction of the traffic signal. The Council further authorized the City Manager and City Attorney to make non-substantive revisions to the Cooperative Agreement as deemed necessary.
Discussion:
Following the City Council approval of the Cooperative Agreement between the City and SB County in January of 2026, a Request for Proposals (RFP) was issued using procedures in accordance with Victorville Municipal Code §2.28.280 to obtain the services of a consultant for the preparation of plans, specifications, and engineering of the new traffic signal. The RFP was advertised on April 23, 2026, and several consulting firms were notified. On May 28, 2026, seven civil engineering consultants submitted proposals which included a scope of services, cost proposal, and fee schedule. Each proposal was reviewed and scored by Engineering Department staff and SB County members, in accordance with the criteria set forth in the RFP. The evaluation of the proposals was based upon the consultant’s qualifications, work plan and staff resources. From the evaluation of the seven proposals received, the evaluators determined that David Evans and Associates, Inc., was the most qualified consultant to provide the service required based upon the average of the scores. The final ranking of the proposals received can be found in Attachment C.
The Engineering Department currently holds two agreements with David Evans and Associates, Inc., for on-call sewer engineering services and for design services for the SCLA Reclaimed Water Reservoir II Project.
The approved FY 2026/27 Budget introduced this project for approval and proposed the City’s share of the estimated cost to fund the work. The approved budget did not include the revenues and expenditures of SB County’s proportionate share of the project cost.
The proposed budget amendment will enable the City to submit reimbursement claims to receive the SB County share of cost for funding the project. Claims submitted will be for documented expenditures incurred by City staff managing the project, consultant fees, and construction contract expenditures.
Staff recommends that the Honorable City Council adopt Resolution No. 26-074 to amend the Fiscal Year 2026/2027 Budget appropriating an additional $695,264 in revenue and expenditures from SB County, approve a Consultant/Professional Services Provider Agreement with David Evans and Associates, Inc., in an amount not to exceed $94,392 for preparation of plans and specifications for the construction of the Traffic Signal at Ridgecrest Road at Bluff Crest Street and Vista Point Drive Project and authorize the City Engineer to submit reimbursement claims to SB County for the proportionate share of costs to complete the project.
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Staff is available for any questions Council may have.
Prepared By:
Sarah Mayne, Management Technician
Attachments: A. Resolution No. 26-074
B. Vicinity Map
C. Proposals Ranking
D. Agreement
Attachment A
Resolution No. 26-074
RESOLUTION NO. 26-074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2026/2027; APPROVING
ADDITIONAL EXPENDITURE APPROPRIATIONS AND ADDITIONAL REVENUE FOR
THE RIDGECREST ROAD AT BLUFF CREST STREET, AND VISTA POINT DRIVE
TRAFFIC SIGNAL PROJECT
WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expen ditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2026/2027; and
WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 30, 20 26, and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and
WHEREAS, after preparation of the budget, a need to amend the budget is being recommended to the Council for approval; and
WHEREAS, the City Manager or his designee will provide all necessary justification for the budget amendment as an attachment to this resolution or in the associated City Council agenda report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the annual budget for the fiscal year 2026/2027 for the City of Victorville be hereby amended to reflect revenue and expenditure changes in the amounts and associated accounts listed below and as described in the corresponding Agenda Item.
Account Description Amount Adjusted
2004500-43180-62079 Street Lighting - Revenue $231,755.00 2504500-43180-62079 Measure I - Revenue $231,755.00
3524500-43180-62079 Road DIF - Revenue $231,754.00
2004500-55330-62079 Street Lighting - Expense $231,755.00 2504500-55330-62079 Measure I - Expense $231,755.00
3524500-55330-62079 Road DIF - Expense $231,754.00
SECTION 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments, offices and subsidiary districts of the City.
Attachment B
Vicinity Map
Attachment C
Proposals Ranking
1. David Evans & Associates
2. TJW Engineering Inc.
3. Kimley-Horn
4. TJKM
5. TKE Engineering, Inc.
6. Engineering Resources of Southern California, Inc.
7. RKA Consulting Group
1 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT BY AND BETWEEN THE CITY OF VICTORVILLE AND DAVID EVANS AND ASSOCIATES, INC. FOR DESIGN OF A TRAFFIC SIGNAL AT RIDGECREST RD AT BLUFF CREST ST AND VISTA POINT DR, PROJECT MS26-100 THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT dated this __________________ day of ______________, 2026, 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 , and David Evans and Associates, Inc., an Oregon corporation, ConsultantCity and Consultant are sometimes RECITALS: WHEREAS, the City requires Consultant/Professional Services Provider Agreement for Design of a Traffic Signal at Ridgecrest Rd at Bluff Crest St and Vista Point Dr, Project MS26-100; and WHEREAS, Consultant represents that it is fully qualified to perform the consulting and/or professional services required for performance under this Agreement by virtue of its experience and the training, education and expertise of its principals and its employees; and WHEREAS, in light of the facts set forth above, the City desires to retain the services of a qualified Consultant to provide, on an independent contractor basis, Design of a Traffic Signal at Ridgecrest Rd at Bluff Crest St and Vista Point Dr, Project MS26-100; and NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: Section 1. RECITALS The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein. Section 2. SCOPE OF SERVICES Consultant shall provide to the City those services set forth in the Scope of Services, attached hereto as and incorporated as part of this Agreement by this reference. 2 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 Section 3. COMPENSATION The City shall pay to Consultant a sum not to exceed Ninety Four Thousand Three Hundred Ninety Two and 00/100 Dollars ($94,392.00) 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 B below; (ii) appear on ConsultantCity; (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, subject to the provisions of Section 5. The provisions of 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 Section 5. STATE PREVAILING WAGE AND RELATED LABOR PROVISIONS a. Compliance with State Prevailing Wage Law. Pursuant to California Labor Code Section 1773, the City has obtained from the Director of the Department of Industrial Relations DIRholiday and overtime work applicable for each craft, classification, or type of worker in San Bernardino County, California, where the Project is to be performed. Copies of these prevailing rate of per diem wages are on file at the City of Victorville Finance Department/Purchasing Division and shall be made available for review to any interested party on request. Copies of these prevailing rate of per diem wages are also available from the State of California via the internet at http://www.dir.ca.gov/DLSR/PWD. Consultant and its subconsultants/subcontractors shall pay not less than said specified prevailing rate of per diem wages to all workers employed by Design of a Traffic Signal at Ridgecrest Rd at Bluff Crest St and Vista Point Dr, and any other work or services described in or encompassed by California Labor Code Consultant shall be solely responsible for using the correct and current prevailing wage rates and performing accordingly. An error on the part of any awarding body does not relieve the Consultant from the responsibility for payment of the correct prevailing wage, or compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at the work/job site, employment of apprentices, and other requirements of Labor Code Section 1720 et seq.; Labor Code Section 1810 et seq.; California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws. b. Designation as Consultant Not Determinative. For purposes of this Agreement, Consultant its subconsultants or subcontractors shall be subject to and shall comply with all 3 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 provisions of the Labor Code applicable to contractors and subcontractors when they are engaged in the performance despite being designated as a Consultant or subconsultant herein. c. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the provisions of this Section 5 and the terms of Exhibit or of this Agreement, the provisions of this Section 5 shall control, and nothing Scope of Work, or Cost/Bid Proposal which conflict with the provisions of this Section 5. d. Payroll Records. Consultant and its subconsultants/subcontractors must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seqRegulationswhich are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR. (1) Consultant and Subconsultant/Subcontractor Obligations. Consultant and each subconsultant or subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (a) The information contained in the payroll record is true and correct; and (b) Consultant and/or subconsultant/subcontractor has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any covered work performed by its employees on the Project. (2) Certified Recordavailable for inspection or furnished to the employee or his or her authorized representative on request, to the City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code. (3) Enforcement. Upon notice of noncompliance with Labor Code Section 1776, Consultant and/or subconsultant/subcontractor has ten days in which to comply with the requirements of this section. If Consultant and/or subconsultant/subcontractor fails to do so within the ten-day period, Consultant and/or subconsultant/subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Consultant and/or subconsultant/subcontractor. (4) Payment of Invoices. Copies of the certified payrolls, proof of payroll submissions, and appropriate lien releases are required with each invoice to the City. Payment of the invoice may be delayed when payroll-related documents and/or lien releases are not included with the invoice. 4 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 e. Apprentices. Consultant is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference. f. Notices. Pursuant to Labor Code section 1771.4, Consultant is required to post all Job Site notices, including prevailing wage rates and other notices, as required by regulation. g. Other Labor Requirements. Consultant has the responsibility for and shall comply with all other applicable requirements of Labor Code Section 1720 et seq., Labor Code Section 1810 et seq., the Regulations, and all other applicable State labor laws. Consultant further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Consultant shall require the same of all its subconsultants or subcontractors. h. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hours laws will be enforced as follows: (1) Pursuant to Labor Code section 1775, the Consultant and any subcontractor/subconsultant under it shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Agreement by it or by any subcontractor/subconsultant under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Consultant and/or subconsultant/subcontractor as provided for in Section 1775. (2) Pursuant to Labor Code Section 1813, Consultant and its subconsultants or subcontractors shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Consultant or subconsultant/subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, except as specified in Labor Code Section 1815. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. i. DIR Monitoring. Pursuant to Labor Code Section 1771.4, this Agreement is subject to compliance monitoring and enforcement by the DIR. j. DIR Registration. Pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and its subconsultants/subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Agreement, Consultant represents that it is aware of the registration requirement and is currently registered with the DIR. Consultant shall maintain a current registration for the duration of the Agreement. Consultant shall further include the requirements of Labor Code Sections 1725.5 and 1771.1 in any subcontract and ensure that all subconsultants/subcontractors are registered at the time this Agreement is entered into and maintain registration for the duration thereof. 5 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 Section 6. TERM OF AGREEMENT This Agreement shall be for an Initial Term of two (2) years, commencing on the date of full execution of the Agreement two (2) years from the Commencement Date , 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 one (1) additional one-year period (hereinafter 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 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 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. 6 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 (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. (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, 7 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 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 which is reasonably satisfactory to Fredy A. Bonilla, P.E., City Engineer, or his 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 Fredy A. Bonilla, P.E., City Engineer, or his designee. Section 13. CONFLICTS OF INTEREST Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultantservices 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 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. 8 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 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 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 Consultantdesigned 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, 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. 9 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 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 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 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. Section 22. TIME OF THE ESSENCE Time is of the essence in the performance of this Agreement. 10 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 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, those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal 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 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 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. Section 24. REPORTS Upon request by Fredy A. Bonilla, P.E., City Engineer, or his designee or as otherwise required by this Agreement, including but not limited to, the Scope of Services set Consultant shall prepare and submit reports to the City concerning Consultant's performance of the services required by this Agreement. 11 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 Section 25. RECORDS a. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Fredy A. Bonilla, P.E., City Engineer, or his designee, to evaluate the cost and the performance of such services. b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. c. Fredy A. Bonilla, P.E., City Engineer, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. d. Records and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to Fredy A. Bonilla, P.E., City Engineer, or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement. Section 26. RESERVED Section 27. CONFIDENTIALITY; OWNERSHIP OF WORK a. Any and all documents and information obtained from the City or prepared by Consultant for the City shall be kept strictly confidential unless otherwise provided by applicable law. All City data, documents and information shall be returned to the City upon termination of the Agreement. b. Any drawings, specifications, reports, records, documents, or other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of Fredy A. Bonilla, P.E., City Engineer, or his designee, or as required by applicable law. c. Consultant shall not disclose to any other entity or person any information regarding the activities of the City, except with the prior written approval of Fredy A. Bonilla, P.E., City Engineer, or his designee, or as required by applicable law. d. All original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the property of the City and shall be surrendered to the City upon the completion of Consultanty Fredy A. Bonilla, P.E., City Engineer, or his designee. Such materials may be used, reused or otherwise disposed of by the City without the permission of Consultant. e. Consultantcovenants under this Section 27 shall survive the termination of this Agreement. Section 28. PRINCIPAL REPRESENTATIVES a. Christine Brown, P.E., Project Manager, is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement. 12 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 b. Fredy A. Bonilla, P.E., City Engineer, or his designee shall be the principal representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement. c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party. Section 29. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES a. This Agreement may be modified or amended only by a written instrument signed by both Parties. b. During the 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 Design of a Traffic Signal at Ridgecrest Rd. and Bluff Crest St. and Vista Point Dr., 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. 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 B is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Consultant/Professional Services Standard Provider Agreement and Exhibit Bthe terms of this Consultant/Professional Services Standard Provider Agreement shall control and nothing set forth in Exhibit shall be deemed to supersede any of the provisions of this Consultant/Professional Services Standard Provider Agreement. 13 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 Section 32. NOTICES a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows: To the City: Fredy A. Bonilla, P.E., City Engineer Engineering Department City of Victorville 14343 Civic Drive Victorville, CA 92392 To Consultant: Gabriel Rodriguez, P.E., Vice President David Evans and Associates, Inc. 18484 Outer Highway 18 North, Suite 225 Apple Valley, CA 92307 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. 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. 14 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 Section 36. ASSIGNMENT This Agreement shall not be assigned by either Party without prior written consent of the other Party. Section 37. CARE OF WORK The performance of services by Consultant or the payment of money by the City shall not relieve Consultant from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such incomplete, inaccurate or defective work is due to the negligence of Consultant. Section 38. CAPTIONS AND HEADINGS The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading. Section 39. SUCCESSORS, HEIRS, AND ASSIGNS Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. 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. 15 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 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. 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. 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 losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof. Section 47. EFFECTIVENESS OF AGREEMENT This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Consultant, approved by the Cityauthorized 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. 16 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 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) 17 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below. THE CITY OF VICTORVILLE DAVID EVANS & ASSOCIATES, INC. By: ______________________________ By: ____________________________ Elizabeth Becerra, Gabriel Rodriguez, P.E., Mayor Vice 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: ___________________________ 18 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100
EXHIBIT A SCOPE OF SERVICES
SCOPE OF WORK Scope of Services The tasks within this section are provided as general guidance to the proposing firms. The proposers shall review the RFP and attached documents and conduct any other document review, research and field reviews as they deem necessary, and provide a detailed scope of services as part of their proposals. It is the consultant’s responsibility to identify all necessary tasks and components, and provide all necessary services as required and in compliance with this RFP and all applicable standards and requirements, and provide the City with a complete Bid Package approved by all regulatory and involved agencies. Task 1 - Project Management and Coordination Meetings:1. The Consultant shall coordinate a kick-off meeting with City staff upon award of thecontract to conduct introductions, review the scope of work, discuss the overall projectschedule and implementation process, and request information from relevant City andCounty departments not otherwise provided.2. The Consultant shall coordinate and attend monthly project coordination meetings withCity staff to provide updates on project progress, budget, and schedule. These meetingsshall also serve as a forum for the Consultant to request information, ask questions, anddiscuss any design issues encountered.3. The Consultant shall coordinate and attend design review meetings with City staff at the30 percent, 60 percent, 90 percent, and 100 percent submittal stages. The Consultantshall create a comment matrix to verify all City comments are addressed with eachsubmittal.4. For all meetings, the Consultant shall prepare and distribute meeting agendas at leastthree (3) business days prior to each meeting. The Consultant shall prepare meetingminutes summarizing discussions, documenting action items, identifying responsibleparties, and establishing associated deadlines, and shall distribute the minutes no laterthan three (3) business days following each meeting.5. The City will provide review comments at the 30 percent, 60 percent, and 90 percentdesign phases. It is anticipated that each review cycle will take up to fourteen (14)calendar days. The Consultant shall incorporate all review comments and ensure that thefinal Plans, Specifications, and Estimates (PS&E) are complete and reflect input from allstakeholders and City staff throughout the design process.6. The Consultant shall conduct additional meetings, as necessary, with the City, County,regulatory agencies, and other stakeholders to support timely project delivery and thedevelopment of an optimal design within the project schedule.A.Schedule:
EXHIBIT A SCOPE OF SERVICES, PROJECT MS26-100
19/ Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100
1. The Consultant shall prepare and maintain a detailed project schedule, updated continuously throughout the duration of the project. The schedule shall include clearly defined tasks and subtasks, identify the critical path, and indicate the anticipated duration for each task. Schedule updates shall be submitted to the City at coordination meetings, or as otherwise requested by the City. 2. Any request for an extension of time shall be submitted in writing and shall be subject to City review and approval. Extensions of time will be considered only for delays beyond the control of the Consultant and not due to the Consultant’s negligence, errors, or omissions 3. The Consultant shall promptly notify the City in writing of any actual or anticipated delays to the project schedule within two (2) business days of becoming aware of such delay. The notification shall include the cause of the delay, the anticipated duration, and a proposed recovery plan to mitigate schedule impacts. The Consultant shall implement reasonable measures, at no additional cost to the City, to minimize delays and maintain the overall project schedule. B. Design Standards: 1. The Consultant shall prepare the plans and specifications utilizing the following standards (Standards): a. Standard Specifications for Public Works Construction (“Greenbook”), latest edition b. City's Standard Specifications for Public Improvements dated June 5, 2007, c. City's Standard Drawings for Public Improvements, d. City's Minimum Requirements for Street Improvement Plans, e. Traffic Signal Special Provisions (Sample included as Attachment G) f. CA Manual on Uniform Traffic Control Devices 2026 | Caltrans g. 2025 Caltrans Standard Specifications will be used for the traffic signals, striping, and signingh. Federal Americans with Disabilities Act (ADA) and State Title 24 requirements, whichever is more restrictive. A. Submittals: 1. The Consultant shall perform quality control on all submittals. The design drawings should be as complete, accurate, and error-free as possible before plan checking is considered, in order to reduce the number of plan checks required and related costs to the City. 2. The Consultant shall, at no additional cost to the City, correct errors, omissions, and unworkable and/or improper design/drafting on the original drawings, which are discovered subsequent to the completion of the plan checking process. 3. All submittals to City shall be made electronically via email, OneDrive link or other electronic file transfer method acceptable to the City.
EXHIBIT A SCOPE OF SERVICES, PROJECT MS26-100
20/ Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 a. Electronic submittals must be in both original format and PDF.b. Estimates shall be prepared in spreadsheet format using Microsoft Excel. The Consultant shall submit a pdf of quantity calculations with each submittal for checking by the City. Computations showing estimated quantities and costs for each location of work as well as the sum totals shall be submitted to the City for review along with a set of plans showing items of work with quantities on each sheet. Submission of computations does not relieve the Consultant's responsibility of submitting an accurate estimate of quantities. c. Specifications shall be prepared using the latest edition of Microsoft Word. d. All plans shall be prepared with AutoCAD software or compatible design software that is compatible and approved by the City. e. Final submittals shall be as indicated in Task 5. Task 2 - 30% Design – Preliminary Design The purpose of the thirty percent (30%) design is to establish and confirm the overall project scope, define design assumptions and constraints, evaluate feasibility, and identify the general design approach. In order for the City to be successful at performing a quality review, Consultant, at a minimum, should consider including the following, as applicable: 1. Surveying and Topographic Mapping: The City will provide the Consultant with a CAD DWG with survey data necessary for the design of the proposed improvements along the roadway. This file will not include a 3D surface. 2. Research: a. Conduct necessary field surveys to assess existing conditions of the project area. b. The City will provide copies of available pertinent City records upon request. Any recent engineering studies that have been completed relating to roadway safety improvements, including traffic signal warrants, feasibility studies, and project study reports will be made available upon request from the City of Victorville Engineering Division. c. The Consultant shall conduct a field investigation to review the existing infrastructure to identify existing equipment and conditions for design/modification purposes. 3. Utility Coordination: a. The Consultant shall provide engineering services related to the research and investigation of utility company and agency records to secure all the information required to identify, locate and accurately layout all underground improvements. The research should include, but not be limited to, utility maps and street improvement plans.
EXHIBIT A SCOPE OF SERVICES, PROJECT MS26-100
21/ Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 b. The Consultant shall identify all utilities that could potentially conflict with the planned project, and determine special requirements for facilities including protection, relocation, right-of-way, easements, and construction. c. The Consultant shall coordinate with the appropriate utility companies for work that affects their infrastructure. d. If required to establish electrical service or modifications to electrical service, Consultant shall assist the City with coordination with Southern California Edison’s Service Planner for appropriate connections and designs. 4. Utility Potholing: a. The Consultant shall pothole all underground utilities to determine the depth for clearance or conflicts for any underground improvements such as gas lines, telephone lines, electrical lines, sewer lines, water lines, storm drain lines, etc. b. The Consultant shall submit to each utility company a preliminary set of plans that provide the location, elevation of the utility, and the elevation of the improvement with the conflict area clouded to show the utility companies the areas of conflict with the proposed improvement. c. The potholing information and plan shall be submitted to the City after completion of that task. It will be the responsibility of the Consultant to notify Underground Service Alert and provide temporary traffic control during potholing operations. 5. Right of Way: There is no right-of-way acquisition anticipated for this project. The design Consultant shall perform research on available right-of-way maps, assessor parcel maps, and easement information within the project limits. Based on this information, existing ROW information shall be shown on the plans. If any TCEs (Temporary Construction Easements) are necessary, the Consultant shall show them on the plans. The City will obtain TCEs from adjacent property owners. 6. Environmental & Permitting: City staff will prepare a categorical exemption which will be approved at the time of construction contract award. The Consultant shall provide all necessary supporting documentation to facilitate environmental clearance, including exhibits as required. 7. Submittals: a. The Consultant shall develop and submit a preliminary cost estimate and plans. b. The preliminary estimate shall be based on the conceptual design. The estimate shall identify major anticipated bid items and provide planning-level quantities sufficient for initial project budgeting. Quantities may be based on typical sections, assumptions, and limited design detail, and are expected to be approximate, generally within ±30 percent of final quantities. The estimate shall reflect current cost data based on recent bids or industry-standard cost sources. The Consultant shall clearly document all assumptions, exclusions, and uncertainties associated with the estimate.
EXHIBIT A SCOPE OF SERVICES, PROJECT MS26-100
22/ Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 c. The estimated items of work with quantities shall include but not be limited to: itemizing all removals, relocations, traffic signal equipment, traffic signal wiring, survey monument wells, pavement legends & striping, signs, traffic control, raised pavement markers, and project signs. The estimated items of work with quantities shall be arranged in chronological order of construction and shall contain all the information needed to prepare the Engineer’s Estimate of Costs. d. The preliminary design plans at a minimum shall clearly identify the proposed project footprint; locations of major project components; existing utilities and potential conflicts; drainage features; ADA considerations; existing survey monuments; and any non-standard items, including all associated civil components necessary for project implementation. Task 3 - 60 % Design The Consultant shall prepare design documents necessary to deliver complete Plans, Specifications, and Estimates (PS&E) for implementation of the Project. All design work shall conform to the standards identified under Task 1. The primary purpose of the sixty percent (60%) design submittal is to verify constructability and confirm that contract plans, layout, scale, and formatting are consistent with applicable standards and design criteria. The 60% design shall serve as the basis for evaluation and validation of design decisions made since the 30% submittal and for the identification, evaluation, and resolution of constructability issues. Prior to submittal, the Consultant shall ensure that all applicable deliverables identified herein are completed, at a minimum, to a level of development sufficient to support a comprehensive City review.60% Plans1. Title Sheet – include title sheet per current City requirements (90%). 2. Site Preparation Plans (90%) – demo, grading, clearing, utility adjustments a. Sawcut limits b. Existing Utilities (100%) c. Include proposed relocations d. Include all removal items 3. Traffic Signal Plans – signal layout, equipment, phasing a. Project Footprint/Alignment/Right of Way Plans (100%) b. Foundation locations (100%) c. Signal cabinet and conduit locations (100%) d. The traffic plans shall address the installation of the proposed poles, signal heads, street lighting and other relevant features of the traffic signal design. They may further include provisions of emergency vehicle pre-emption, protection of existing communication facilities, evaluation of the existing battery back-up system in the EXHIBIT A SCOPE OF SERVICES, PROJECT MS26-100
23/ Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 service pedestal, pedestrian countdown heads, and any other improvements necessary for the new traffic signal as directed by the City. The plans shall show lane dimensions, signal pole and push button pole placements, controller and power meter cabinet placements, conduit runs and hand holes or pull box placements, lane channelization, circuitry and conductor schedules, phase schedules, schedules for signal heads, emergency vehicle pre-emption details, and all other notes, schedules, details and/or drawing components required for complete traffic signal construction/modification plans.4. Civil Improvement Plans – including roadway, curb, drainage, ADA improvements, detail sheets including typical sections and other details as required. (90%) 5. Signing and Striping Plans – including pavement markings and regulatory signage (90%) 6. Detail Sheets - including typical sections and project-specific details Special ProvisionsThe City utilizes the OpenGov Procurement system for construction advertisement. The City will provide the Consultant with the following templates: Standard Specifications for Public Works Construction, including Special Provisions Bid Proposal Line-Item Descriptions Traffic Signal Special Provisions The Consultant shall update and tailor these documents to reflect the project-specific scope of work and shall prepare any additional technical specifications required beyond the City’s standard provisions.EstimateThe Consultant shall prepare and submit a detailed bid schedule identifying all proposed bid items. Each bid item shall include a reference to the applicable Standard Specifications governing materials and workmanship. Non-standard or modified bid items shall be clearly identified and accompanied by draft special provisions for City review and approval.The Consultant shall provide an updated and well-developed Engineer’s Estimate identifying all major bid items with quantities substantially complete and suitable for project budgeting purposes. Quantities shall be based on measurable plan information and are expected to be reasonably accurate, generally within ±15 percent of final quantities, with no significant scope elements omitted. The estimate shall reflect current cost data based on recent bids or industry-standard cost sources. The Consultant shall clearly identify all assumptions, uncertainties, and potential quantity variances.Task 4 - 90% Design The primary purpose of the ninety percent (90%) design submittal is to facilitate a near-final contract review and confirm that the project is biddable, complete, and free of major constructability issues. The 90% design shall demonstrate that all design elements are substantially complete and coordinated, and that the Plans, Specifications, and Estimates (PS&E) are ready for final refinement and advertisement.
EXHIBIT A SCOPE OF SERVICES, PROJECT MS26-100
24/ Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 For small or simple projects, the 90% design submittal may be combined with the final PS&E review, subject to City approval. The 90% review shall function as a near-final PS&E review, and any missing or incomplete elements shall be clearly identified and documented for City review.Prior to submittal, the Consultant shall ensure that all applicable deliverables listed herein are completed to a near-final level and are sufficiently developed to support a comprehensive contract and constructability review.At a minimum, the following items shall be completed prior to submitting to the City for review:Plans Plan sheets shall be near one hundred percent (100%) complete, with any missing or incomplete elements clearly identified and documented Quantities shown on plan sheets shall be consistent with the bid schedule Bid item names, units of measurement, and references shall be consistent across all plan sheets and the bid schedule References to applicable Standard Specifications and Standard Plans shall be accurate and complete Special Provisions Special Provisions shall be near one hundred percent (100%) complete, with any missing elements clearly identified All non-standard or modified bid items shall include draft special provisions defining materials, installation methods, and measurement and payment Contract requirements shall include the number of working days and liquidated damages Estimate The bid schedule shall be complete and consistent with the plans and specifications The Engineer’s Estimate shall be complete and reflect all bid items Lump sum items shall be supported by detailed cost breakdowns All bid items shall include references to applicable Standard Specifications governing materials and workmanship Task 5 - Final PS&E The final Plans, Specifications, and Estimate (PS&E) submittal shall be complete, coordinated, and ready for advertisement and bidding. All documents shall be wet signed and sealed by a Civil Engineer licensed in the State of California. All PS&E documents shall conform to City of Victorville standards, practices, and templates.
EXHIBIT A SCOPE OF SERVICES, PROJECT MS26-100
25/ Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 Plans The Consultant shall provide clear, concise, and complete plans and profiles which shall include, but are not limited to, the following items: project title; vicinity (location) map; title blocks; north arrows; scales 1”=20’ for traffic signal and roadway improvements (nothing precludes the requirement to have drawings at a larger scale or larger scale for details); general notes; construction notes; construction legend; telephone numbers of utilities and other affected agencies and businesses; details; existing improvements; power poles; driveway approaches; water services; sewer manholes and water valves; pedestrian ramps; curb returns; traffic stripes and thermoplastic legends; signs; traffic signals; video detection; details of private improvements to be reconstructed (if any), or relocated, such as driveways, fences, gates, irrigation systems, trees and landscaping; overhead utility lines; and other details that are of benefit to the design of the project. Final plans shall be plotted using permanent drafting ink on Mylar, and drafted on twenty-four inch by thirty-six inch (24" x 36") Mylar sheets and shall be signed by a Civil Engineer registered in the State of California. The originals and the electronic data of these drawings shall be considered property of the City at all times and shall be submitted to the City upon completion, or as otherwise directed. The electronic data shall also include all survey data and point information. SpecificationsThe Consultant shall prepare complete Special Provisions and contract documents suitable for bidding and construction. Specifications shall: Conform to City standards and provided templates Be signed and sealed by a California-registered Civil Engineer Include all project-specific requirements necessary to fully define materials, installation standards, and measurement and payment Include provisions for all non-standard bid items Final Estimate of Quantities and CostsThe Consultant shall prepare a complete and detailed Engineer’s Estimate of quantities and construction costs. The estimate shall: Be provided in Excel format and be consistent with the final bid schedule Include all bid items with quantities based on final plans Be supported by detailed quantity calculations and summaries Reflect current unit costs based on recent similar projects and subject to City approval Include all work items, including but not limited to removals, relocations, traffic signal equipment, wiring, pavement markings, signing, traffic control, survey monuments, and project signage EXHIBIT A SCOPE OF SERVICES, PROJECT MS26-100
26/ Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 Be organized in a logical construction sequence The Consultant’s final construction cost estimate shall be consistent with the final plans, specifications, and bid schedule. Quantity calculations shall be submitted for City review; however, submission of calculations does not relieve the Consultant of responsibility for accuracy and completeness.Task 6 - Bidding Support A.Respond to questions and log questions and responses. The Consultant shall answer questions regarding the Technical Provisions, the design drawings or conflicts in the design during the bidding process. The Consultant shall assist the City, at no charge, in preparation of Addenda regarding omissions or conflicts in the design. B. Attend pre-bid meeting Task 7 – Construction Support A. Attend the pre-construction meeting, B. Attend job site meetings when requested by the City over the course of the construction schedule (assume 5 meetings). C. Provide responses to the Contractor’s RFIs about the plans and specifications when requested by the City. D. Provide responses and approvals to the Contractor’s submittals for materials and shop drawings when requested by the City. E. Participate in final job walk F. Prepare as-built drawings based on field red-lined as-built information provided by the City’s Construction Contractor.
EXHIBIT A SCOPE OF SERVICES, PROJECT MS26-100
27/ Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 19 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 EXHIBIT B COST PROPOSAL See Attachment
4141 East Inland Empire Boulevard Suite 250 Ontario California 91764 Telephone: 909.481.5750 Facsimile: 909.481.5757 July 16, 2026 Ximena Zambrano Assistant Engineer II City of Victorville 14343 Civic Drive, 2nd Floor Victorville, CA 92392 SUBJECT: Design of a Traffic Signal at Ridgecrest Rd. and Bluff Crest St., and Vista Point Dr. Dear Ms. Ximena Zambrano, Per the Citys email dated July 15, 2026, David Evans and Associates (DEA) has prepared a revised scope and fee for the Ridgecrest Traffic Signal Design project. The updates reflect the Citys clarified assumptions as noted below: Utility Coordination: The City has already completed the initial utility coordination effortsincluding reaching out to utilities within the project footprint and incorporating the data receivedinto the project survey. This task has been removed as any remaining utility coordination effortswill be handled by the City. Limited effort has been added under the Research/Base Map task toreview the utility information obtained and mapped by the City.Utility Potholing: Abeen added under the Preliminary Plans/Cost Estimate task to identify recommended potholelocations and prepare a Pothole Location Map activities.Traffic Signal Warrant Study and Traffic Counts: This task has been separated from thebase scope and included as an optional task. The traffic counts will be conducted and providedby the City and therefore have been removed from DEAs fee. Please note, the traffic counts willbe required for the preparation of the Traffic Signal Timing Plan as well.Traffic Signal Interconnect: This task has been separated from the base scope and includedas an optional task.DEA welcomes the opportunity to review these updates the City and is available to meet at your convenience to confirm scope alignment and next steps.Sincerely, DAVID EVANS AND ASSOCIATES, INC. Christine Brown Project Manager EXHIBIT B COST PROPOSAL, PROJECT MS26-100
29/ Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 Design of a Traffic Signal at Ridgecrest Rd. at Bluff Crest St., and Vista Point Dr. RFP # MS26-100 City of Victorville David Evans and Associates, Inc. | May 28, 2026 | 7
Scope of Work DEA has developed a scope of work that is focused on accomplishing the goals of the City for this project. extensive experience in street improvement and traffic improvement projects, as well as our infrastructure and traffic engineering experience, is reflected in our approach to this project. The following represents our approach to the project and scope of work. Task 1 Project Management Task 1.1 Project Administration project manager will provide overall project control, City coordination, and project monitoring through the completion includes the preparation of PMP that will define the scope and schedule and will identify key project team members and stakeholders. To develop this plan, meetings are held with members of the project team to clearly identify the multiple activities required to complete the project or assignment. This will include the review and tracking of the project progress, advising the rdinate all meetings and provide written minutes documenting the meeting and the important issues discussed at the meeting. Deliverable: Project Management Plan Task 1.2 Project Meetings DEA will meet as needed with the City project manager during the progress of the design for general coordination, to discuss project design, and obtain direction from City on policy and design issues and review specific project designs and presentation of critical information. Monthly PDT meetings will be held as a conference call, at the City offices, or in the field as necessary to discuss and resolve the project designs and issues throughout the duration of the project. 1.2.1 Project Meetings/PDT Meetings DEA will organize and conduct project meetings as the work progresses. The following is an outline of the key meetings, in addition to the monthly PDT meetings, anticipated and basis of related fee for. 1. Kick-off meeting 2. Preliminary 30% Design Review (progress meeting) 3. 60% Design Review 4. 90% Design Review All meetings will be held at City of Victorville offices as needed. Deliverables: Meeting agenda and meeting minutes. 1.2.2 Preparation of Monthly Progress Reports Prepare and submit monthly progress reports summarizing the actual work performed, project issues, and status of the project schedule and budget. At minimum the reports will reflect the following: Highlights of Accomplishments Current Project Status Actual vs. Scheduled Percentages Complete by Task Explanation of Schedule Deviations Utility Coordination and Permitting Actions Taken to Mitigate Design Issues Accomplishments Planned for Next Reporting Period Actions Required by the City Deliverables: Monthly Progress Reports PHASE 1 PRELIMINARY ENGINEERING Task 1 Research/Base Map DEA will conduct a search of all available improvement plans and as-built plans from the City and County. Work in this task includes a field review to identify the existing conditions and equipment for the design of the traffic signal improvements. In addition, DEA will outline the recommended traffic signal and intersection improvements identified by the City and the County as presented in the Memorandum of Understanding between the City and County.
EXHIBIT B COST PROPOSAL, PROJECT MS26-100
30/ Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 Design of a Traffic Signal at Ridgecrest Rd. at Bluff Crest St., and Vista Point Dr. RFP # MS26-100 City of Victorville David Evans and Associates, Inc. | May 28, 2026 | 8
DEA will compile the topographic mapping conducted by the City for the design surveying necessary to facilitate the design engineering or the project. The base maps will identify the existing right-of-way, street improvements, drainage structures, fire hydrants, utility facilities, landscaping (trees), signs, street lights, and other appurtenant improvements throughout the project site. We will create the needed CADD surface files for the design of the proposed ADA ramps. From the topographic mapping, a base map at a scale of = will be prepared to present existing topography, right-of-way and property ownership/land use, and utilities for the intersection. The base map will be used for the preliminary and final engineering. Task 2 Preliminary Plans/Cost Estimates Upon the completion of the base map, DEA will prepare 30% engineered plans (preliminary plans) for the project. The preliminary plans are a very important element of the project to confirm the proposed intersection design and cost estimates. It is anticipated that the proposed improvements will be accommodated within the existing right-of-way. As part of the preliminary design, we will identify any additional easements or temporary construction approvals that may be needed for the project. These improvements will be illustrated on the preliminary plans and will identify the following: 1. Traffic Signal Improvements 2. Intersection/ADA Ramp Improvements 3. Signing and Striping Improvements 4. Safety Lighting Isolux Diagrams 5. Utility conflicts The preliminary plans and preliminary cost estimate will be presented to City staff for review and comment. Upon City concurrence of the plans, the preliminary plans will be the basis for the final designs for the recommended improvements. As part of this task, DEA will identify the pothole locations needed to verify that proposed traffic-signal pole placements do not conflict with existing utilities, and to adjust pole locations during design if conflicts are identified. A Pothole Location Map . PHASE 2 ENGINEERING DESIGN Task 1 Improvement Plans Upon the approval of the preliminary plans (30% design), work under this task is the preparation and processing of the engineering plans for the identified improvements. Plans will be prepared in accordance with City and County requirements and standards, as well as the California Manual of Uniform Traffic Control Devices (CAMUCTD). The plans will be submittal for review at the 60%, 90%, and final plan completion stages. This will allow for Caltrans and City input in the design and review of the improvement plans. The improvement plans will be prepared in AutoCAD format per current City drafting standards. Our scope and fee are based on the receipt of the City CADD files and that the files have enough topographic information for the design of the proposed ADA ramps. As such, our scope and fee do not include any additional topographic design surveying. The improvement plans are anticipated to include the following: Task 1.1 Intersection Improvement Plans The street improvement plans will be prepared for the proposed intersection improvements and will include the construction of ADA ramps at the northeast and southeast corners of the intersection and the removal and reconstruction of the applicable curb and gutter at the existing curb returns in the intersection and the median noses. The plans will be prepared in accordance with City requirements Task 1.2 Traffic Signal Plan Traffic signal plans will be prepared for the intersection. The plans will be prepared in accordance with City and Caltrans standards and requirements. The traffic signal plans will also identify the location of the needed electrical service point. Task 1.3 Signing and Striping Plans Signing and striping plans will include the upgrading of the signing and striping at the intersection, including the installation of crosswalk striping. The signing and striping plans will be prepared in accordance with City, County, and current California MUCTD requirements. The final intersection improvement plan set will include the following: 1. Title Sheet 2. Standards and Details Sheet 3. Street/Intersection Plans 4. Traffic Signal Plans 5. Traffic Signal Interconnect Plans 6. Signing and Striping Plans EXHIBIT B COST PROPOSAL, PROJECT MS26-100
31/ Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 Design of a Traffic Signal at Ridgecrest Rd. at Bluff Crest St., and Vista Point Dr. RFP # MS26-100 City of Victorville David Evans and Associates, Inc. | May 28, 2026 | 9
Task 2 Cost Estimates, Special Provisions, and Bid Documents Work under this task includes the preparation of final cost estimates and special provisions for the project. A bidding schedule and technical and special provisions will be prepared according to City specification requirements. Work in this task includes the assistance to the City for the preparation of the bid documents, which includes: Prepare technical and special provisions, using current City documents for reference. Prepare bid summary and estimate. improvements (ADA ramps), traffic signal equipment, signing and striping, and traffic control. Computations showing estimated quantiles and costs for the work will be submitted to the City for review. PHASE 3 BID AND CONSTRUCTION SUPPORT Task 1 Bid Support Services DEA will provide support to City staff in the bid process for the project. This includes attendance at the pre-bid conference and assistance to the city in the reviewing of the bids, including the preparation of any necessary bid addendum requests. This task is based on a maximum of twenty-eight workhours for the bid support, including meetings and management. Work will include the following elements as requested: Assist City in the responses to contractor comments and preparation of any necessary bid addendums. Review bids and verify recommendations for bid award. Task 2 Construction Support Services DEA will be available to assist the City staff in responding to requests for information (RFI) and/or plan clarifications during the construction process. This includes the attendance to any requested field meetings and to assist the City, including the preparation of any requested change order requests. It is anticipated some of these services can be provided through e-mail and or phone. This task is based on a maximum of thirty workhours for the construction support, including meetings and management. Work will include the following elements as requested: Attend pre-construction meeting. Review contractors shop drawings/submittals. Assist city with the preparation of any requested corrective change orders and plan changes. Task 3 As-Built Plans Upon completion of construction, DEA will prepare the as-built plans for the project. DEA will incorporate all redline comments prepared by the contractor and project inspectors on the as-built plans. The Record Drawings will be provided to the City for approval. Electronic record drawings will be provided in AutoCAD format. Task 4 Traffic Signal Timing Plans DEA will prepare and process the traffic signal timing plans for the intersection using traffic counts collected and provided by the City. We will prepare the traffic signal timing plans for the weekday AM, mid-day, and PM peak hours. The calculations will be conducted using the Synchro analysis program. The timing plans will be put into the City controller format for the City to use for the traffic signal turn on. OPTIONAL TASKS Task 1 Traffic Signal Warrant Study DEA will prepare a Traffic Signal Warrant Report presenting the anticipated project trip generation and distribution to intersection of Ridgecrest Road at Bluff Crest Street/Vista Point Drive. The report will present the traffic signal warrant worksheets and present any recommended intersection improvements and traffic signal phasing. Though the County has prepared a traffic signal warrant analysis back in 2024 for the intersection, we will prepare a comprehensive traffic signal warrant study based on current traffic counts and crash data. This report will be adequate for submittal to the City and the County. Current Traffic Counts. The City will conduct and provide daily approach, weekday a.m., mid-day, and p.m. peak hour turn movement counts at the intersection. The counts will be used for the traffic signal warrant analysis, and the requested traffic signal timing plans. The same counts will also be used for the Traffic Signal Timing Plans.
EXHIBIT B COST PROPOSAL, PROJECT MS26-100
32/ Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 Design of a Traffic Signal at Ridgecrest Rd. at Bluff Crest St., and Vista Point Dr. RFP # MS26-100 City of Victorville David Evans and Associates, Inc. | May 28, 2026 | 10
Prepare Traffic Report . Our office will prepare a Traffic Study Report presenting the data and recommended intersection geometrics and operations. The traffic report will include the traffic signal warrants and anticipated traffic operations for the intersection. Not included in this scope is the preparation of a formal Intersection Control Evaluation (ICE) or Intersection Safety and Operational Assessment Process (ISOAP) report. Task 2 Traffic Signal Interconnect Traffic signal interconnect plans will be prepared for Ridgecrest Road from Hill Crest Street to Green Tree Blvd. The plans will be prepared to provide fiber optic communications with the new traffic signal with the existing traffic signals to the south and north. The design will include a 3-inch conduit with fiber lines, spice boxes, and pull boxes where needed. The plans will be separate from the traffic signal plans so the City can bid the work as a bid alternative. The plans will be prepared in accordance with City standards and requirements. EXHIBIT B COST PROPOSAL, PROJECT MS26-100 33/ Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 EXHIBIT B COST PROPOSAL, PROJECT MS26-100
34/ Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 Item Number: 22
City Council / Board of Directors
Written Communications
Meeting of: August 18, 2026
Submitted By:
Jorge Duran, Code Enforcement Official
Subject:
Award of a General Services Provider Agreement JRC27-022 to Liveview Technologies, Inc. for Mobile Security Hardware and Software Technology Services Recommendation:
That the Honorable City Council:
(1) Award a general services provider agreement to Liveview Technologies, Inc. for the use of mobile security hardware systems and related software provided by Liveview Technologies, Inc.;
(2) Authorize the City Manager or City Attorney to make non-substantive changes to the agreement.
Fiscal Impact:
Approval of service agreement JRC27-022 will authorize a total not-to-exceed of $195,736.00 for one year to Liveview Technologies, Inc. for the use of mobile security hardware and related software services.
Funding for year one (1) of this service agreement is allocated in the accounts below:
Account Code Account Description Amount
1054030 52300-74656 Measure P Code Compliance Contract Srvcs $69,532.00 1055203 52300-74656 Measure P Animal Shelter Contract Srvcs $31,552.00 4100500 52300 Water Supply Contract Services $31,552.00 1006000 52250 Park Maintenance Rental Equipment $31,552.00 2205001-52300-74656 Asphalt Maintenance Contract Services $3,262.00 3705505-52300-74656 LMAD #5 Contract Services $3,262.00 3705506-52300-74656 LMAD #6 Contract Services $3,262.00 3705530-52300-74656 DFAD #1 Contract Services $3,262.00 4250700-52300-74656 Sewer Contract Services $3,262.00
4 8
6 5
4260400-52300-74656 Solid Waste Contract Services $15,238.00 TOTAL $195,736.00
Strategic Plan Goal:
This service agreement aligns with the City of Victorville’s 2024–2026 Strategic Plan by supporting Goal B: Public Safety. The use of mobile solar powered security cameras to address illegal dumping, animal abandonment and protect City facilities will reduce blight throughout the City, improve community appeal and protect various City assets.
Background:
The City of Victorville consists of 74 square miles of which large portions of land consist of open undeveloped desert areas with limited electrical or communications infrastructure.
The geographical size of the City and lack of related communications infrastructure creates challenges for City staff to address various community concerns such as illegal dumping throughout all areas of the City. Traditionally, Code Compliance Staff would patrol open desert area for illegal dumping, note the location to gauge the frequency of illegal dumping and coordinate the area for clearance. Although this approach provides officers the opportunity to look through the dumped waste to identify the responsible person, the City’s large open areas without supporting electrical or communications infrastructure limited the City’s ability to use security equipment to help expand the monitoring of large open areas.
Additionally, the City maintains various types of infrastructure equipment such as water pump stations and City facilities such as equipment support facilities that are located in isolated areas and are often exposed to vandalism. These areas often lack electrical or communications infrastructure needed to establish an on-site robust security monitoring system.
In some instances, select City facilities such as the City’s Animal Care and Adoption Center or the new City Library, experience unfortunate acts such as animal abandonment or vandalism in areas that are hidden from onsite security system view and require a deployable security monitoring system solution strategically placed in areas where these acts frequently occur until the onsite security system can be expanded with additional cameras.
As a result, the City Code Compliance Department began searching for available security technology focusing on mobile and wireless security services and identified Liveview Technologies Inc. (LVT) as a viable solution to most of these challenges. LVT systems met our need to find an easily deployable, self-powered and wireless data connection security system that could be used in various applications and remote locations.
Discussion:
In July 2024, the City’s Code Compliance Department tested four mobile security systems from LVT. LVT security systems are solar powered security camera systems, mounted 4 8
6 5
on a towable trailer that transmit live video over a cellular signal. LVT systems are commonly found in shopping center parking lots distinguishable by system features such as blue flashing light, solar panels and customizable pre-recorded audible deterrent messages.
The tested LVT systems were placed in various city locations including the Animal Care and Adoption Center, Hook Park as part of the City’s fireworks compliance effort, Old town areas to address vagrancy issues and open desert areas on the western part of the City to address illegal dumping.
LVT systems are supported by a mobile software application that allows users to access systems immediately or be alerted of certain activities activated by preprogrammed motion captures by the LVT pan, tilt and zoom cameras. In addition to the bright blue strobing light and solar powered features, LVT systems can be programmed to transmit pre-recorded audible messages, classical music or can be remotely connected by authorized City staff to interact with a subject within view in real-time.
At the conclusion of the test run, Code Compliance found that the systems were a significant deterrence to the various activities the systems were intended to address. At Hook Park, fireworks activity before and on the July 4th holiday was substantially reduced through direct engagement with person found using fireworks. The systems used at locations to mitigate vagrancy and illegal dumping demonstrated a reduction in vagrancy activities and mitigated illegal dumping activity. Animal Services used the system to investigate a number of instances where an animal had been abandoned at the animal shelter overnight and with support from the Police Department has been successful in prosecution of most animal abandonment incidents.
In December 2024, the City Manager approved a contract with LVT for the initial use of 4 LVT systems later expanding to 5 systems in Fiscal Year 2025/2026. City Departments such as Public Works, Water and Community Services began using LVT systems to monitor select City facilities to reduce vandalism. Notably, the Community Services Department used their LVT system during the construction of the new City Library to address concerns with theft of materials.
The proposed one-year service agreement includes the use of 6 total LVT systems. The 6th unit will feature advanced technologies such as the use of artificial intelligence to assist and expedite investigations relating to illegal dumping, animal abandonment or infrastructure vandalism investigations. Other key security feature is the use of a bright spotlight activated when a person enters a restricted or monitored area. Data is stored for one year and is accessed only by City staff within departments utilizing these mobile security systems. The LVT units will be utilized by the following Departments:
Code Compliance Department- 3 LVT Systems
Location Purpose
Animal Shelter Site security and animal abandonment incidents Eva Dell Park Park security
4 8
6 5
Various/ Mobile Illegal dumping, off-road vehicle use, security for special events
Water Department- 1 LVT System
Location Purpose
Various Water Well Sites Water well monitoring and security Public Works- 1 LVT System
Location Purpose
Various City Operations
Support Sites
Isolated Public Works operations sites for site security Community Services- 1 LVT System
Location Purpose
Various Facilities New and old library for site security and park events as needed
This contract is being awarded pursuant to Victorville Municipal Code Section
2.28.050(17) as a sole source purchase. LVT provided a Sole Source letter certifying that the software, hardware components and AI integration are exclusive to LVT and are unique proprietary technologies that are protected by various patents registered with the United States Patent and Trademark Office (U.S. Patent Numbers as listed in the sole source letter dated February 12, 2024).
Integrating LVT into our City operations represents a strategic opportunity for the City to use technology to reduce illegal dumping, address increasing concerns related to the use of off-road vehicles in open areas, protect critical City infrastructure and improve security at certain City facilities. The use of LVT systems aligns with the City’s ongoing efforts to leverage technology to improve community safety and improve operational efficiency.
As this contract exceeds the City Manager’s purchasing authority, Staff respectfully requests that the Honorable City Council approve Contract JRC27-022 with Liveview Technologies, Inc. in accordance with VMC Section 2.28.100(a)(6).
Staff remains available for any questions you may have.
Prepared By:
Jorge Duran, Code Enforcement Official
Attachments: A. Agreement JRC27-022
B. Sole Source Letter
C. Current City Locations
ATTACHMENT A
AGREEMENT JRC27-022
1 General Services Provider Standard Agreement/LiveView Technologies, Inc./Project JRC27- 022
GENERAL SERVICES PROVIDER STANDARD AGREEMENT
BY AND BETWEEN
THE CITY OF VICTORVILLE
AND
LIVEVIEW TECHNOLOGIES, INC.
FOR
MOBILE SECURITY SYSTEMS, PROJECT JRC27-022
THIS GENERAL SERVICES PROVIDER STANDARD 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 LiveView Technologies, Inc. (LVT), a Delaware corporation, hereinafter referred to as “Service Provider .” City and Service Provider are sometimes hereinafter referred to individually as a “ Party” and collectively referred to as the “Parties.”
RECITALS:
WHEREAS, the City requires Mobile Security Systems and associated SaaS System Subscription for various City of Victorville locations; and
WHEREAS, in light of the facts set forth above, the City desires to retain the services of a qualified service provider to provide, on an independent contractor basis, Mobile Security Systems and associated SaaS System Subscription for various City of Victorville locations; 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 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 a total amount not to exceed One Hundred Ninety-Five Thousand Seven Hundred Thirty-Six and 00/100 D ollars ($195,736.00) for the services rendered by Service Provider pursuant to this Agreement, subject to the provisions of Section 4.
2 General Services Provider Standard Agreement/LiveView Technologies, Inc./Project JRC27- 022
Section 4. PAYMENT SCHEDULE
The City shall pay Service Provider as provided in the Payment Schedule, attached hereto as Exhibit “A” and incorporated as part of this Agreement by this reference. The provisions of Exhibit “A” notwithstanding, in order to receive payments, Service Provider shall be required to submit to City monthly invoices detailing all services performed. Provided that services have been satisfactorily rendered, invoices shall be paid by the City approximately thirty (30) working days following receipt of Service Provider’s invoice.
Section 5. RESERVED
Section 6. TERM OF AGREEMENT
This Agreement shall be for an initial term commencing on the date of full execution of the Agreement (the “Commencement Date”) and expiring on one (1) 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.
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 City 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 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 Service Provider 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 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 City. 3 General Services Provider Standard Agreement/LiveView Technologies, Inc./Project JRC27- 022
b. The City 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 City 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 City 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 City 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 City -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 CITY
a. Nothing contained in this Agreement shall be deemed, construed, or represented by the City 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 City in any capacity whatsoever as an agent, nor shall Service Provider have any authority, express or implied, to bind the City 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, 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.
4 General Services Provider Standard Agreement/LiveView Technologies, Inc./Project JRC27- 022
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 City , Service Provider shall immediately inform the City of such fact and shall not provide any services, except at Service Provider's risk, until written instructions are received from Jorge Duran, Code Enforcement Official, 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 City 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 City Clerk’s Office pursuant to the written instructions provided by the City Clerk.
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 One Million Dollars ($1,000,000) 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.
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 5 General Services Provider Standard Agreement/LiveView Technologies, Inc./Project JRC27- 022
shall provide adequate insurance for the protection of such employees to the satisfaction of the City.
Section 17. TECHNOLOGY PROFESSIONAL LIABILITY AND CYBER
LIABILITY COVERAGE
a. Technology Professional Liability Errors and Omissions Insurance appropriate to the Service Provider’s profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Service Provider in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, copyright, trademark, invasion of privacy violations, information theft, release of private information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City in the care, custody, or control of the Service Provider. If not covered under the Service Provider’s liability policy, such “property” coverage of the City may be endorsed onto the Service Provider’s Cyber Liability Policy as covered property as follows.
b. Cyber Liability coverage in an amount sufficient to cover the full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City that will be in the care, custody, or control of Service Provider.
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 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
Service Provider 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.
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 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 6 General Services Provider Standard Agreement/LiveView Technologies, Inc./Project JRC27- 022
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 (if applicable during any Option Periods) 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 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 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 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 City shall only be liable for payment under the payment provisions of t his 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 service s 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 City, its officers, employees, representatives, and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorney’s fees, for any personal injuries, deaths, or property damage (including property owned by the City), 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 City's own negligence or willful misconduct, or that of its officers or employees.
b. The City does not and shall not waive any rights that it may have against Service Provider under this Section, because of the acceptance by the City, or the deposit with the City, 7 General Services Provider Standard Agreement/LiveView Technologies, Inc./Project JRC27- 022
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, da mage, liability, loss, cost , or expense described herein.
Section 24. REPORTS
Upon request by Jorge Duran, Code Enforcement Official, or his designee, Service Provider shall prepare and submit reports to the City concerning Service Provider's performance of the services required by this Agreement.
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 Jorge Duran, Code Enforcement Official, 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. Jorge Duran, Code Enforcement Official , 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 P rovider and made available to Jorge Duran, Code Enforcement Official, 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 City or prepared by Service Provider for the City shall be kept strictly confidential unless otherwise provided by applicable law. All City data, documents and information shall be returned to City 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 Jorge Duran, Code Enforcement Official, 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 City , except with the prior written approval of Jorge Duran, Code Enforcement Official, or his designee, or as required by applicable law.
8 General Services Provider Standard Agreement/LiveView Technologies, Inc./Project JRC27- 022
Section 28. PRINCIPAL REPRESENTATIVES
a. Provider shall designate a principal representative of Service Provider for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement.
b. Jorge Duran, Code Enforcement Official, or his designee, shall be the principal representative(s) of the City 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.
Section 30. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the City 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 agains t 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.
9 General Services Provider Standard Agreement/LiveView Technologies, Inc./Project JRC27- 022
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 addr essed to the Parties as follows:
To the City: Jorge Duran, Code Enforcement Official,
Code Compliance Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Provider: General Counsel
LiveView Technologies, Inc.
802 East 1050 South, Suite 300
American Fork, UT 84003
[email protected]
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 Service Provider, 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 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.
10 General Services Provider Standard Agreement/LiveView Technologies, Inc./Project JRC27- 022
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 City shall not relieve Service Provider 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 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 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.
11 General Services Provider Standard Agreement/LiveView Technologies, Inc./Project JRC27- 022
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.
Section 45. VENUE
All proceedings involving disputes over the terms, provisions, covenants , or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 46. ATTORNEYS’ FEES
In the event any action, suit , or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement , or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys ’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
Section 47. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Service Provider, 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.
12 General Services Provider Standard Agreement/LiveView Technologies, Inc./Project JRC27- 022
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)
13 General Services Provider Standard Agreement/LiveView Technologies, Inc./Project JRC27- 022
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
THE CITY OF VICTORVILLE CONTRACTOR
By:_________________________________ By:_________________________________ Elizabeth Becerra, Bryce Higbee,
Mayor General Counsel
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 General Services Provider Standard Agreement/LiveView Technologies, Inc./Project JRC27- 022
EXHIBIT A
SCOPE OF SERVICES/PAYMENT SCHEDULE
See Attachment
The D3 Live Unit is a cutting-edge, cloud-based security system. It provides a turn-key mobile solution for perimeter detection, deterrence, and alert-based monitoring. It is completely portable and is easy to deploy, relocate, or remove because it does not require hardwired connections. Instead, The D3 Live Unit combines solar power and batteries with cellular connectivity and proprietary software to protect your property.
KEY FEATURES
D3 SECURITY
DISCOVER, DETER, DEFEND
• Cloud-based automated alerts (email, SMS)
• Active deterrence (flood light, two-way
speaker, strobe lights)
• Live streaming and 24/7 recording accessible
through cellular connectivity
• Self-sufficient power management with
tamper-resistant battery backup
• iOS and Android apps
• Optional live monitoring services
1. LOUDSPEAKER
2. ANTENNA
3. STROBE LIGHT (L)
4. STROBE LIGHT CENTER
5. STROBE LIGHT (R)
6. FLOOD LIGHT
7. EDGE CONTROLLER
2TBSSD (INSIDE)
8. TOOL-LESS
INSTALLATION
TECHNICAL SPECIFICATIONS
WEIGHT 1,900 lbs
SUSPENSION 3,500 lbs axle & springs
TIRE SIZE 13”
POWER
24 V DC @ 24 watts (disarmed)
@ 36 watts (armed)
@ 100 watts (max, floodlight on)
SOLAR GENERATION 800 watts
BATTERY CAPACIT Y 460 AH
1 2
4 56
3 7
8 MEASUREMENTS
LENGTH WIDTH HEIGHT
DEPLOYED 103” 96” 264”
TRANSPORT 100” 68” 102”
TOW 135” 68” 102”
EXHIBIT A
SCOPE OF SERVICES/ PAYMENT SCHEDULE
PROJECT JRC27-022
15|General Services Provider Standard Agreement/LiveView Technologies, Inc./Project JRC27-022 The D3 Live Unit is a cutting-edge, cloud-based security system. It provides a turn-key mobile solution for perimeter detection, deterrence, and alert-based monitoring. It is completely portable and is easy to deploy, relocate, or remove because it does not require hardwired connections. Instead, The D3 Live Unit combines solar power and batteries with cellular connectivity and proprietary software to protect your property.
KEY FEATURES
D3 SECURITY
DISCOVER, DETER, DEFEND
• Cloud-based automated alerts (email, SMS)
• Active deterrence (flood light, two-way
speaker, strobe lights)
• Live streaming and 24/7 recording accessible
through cellular connectivity
• Thermal analytics detect day and night
• Self-sufficient power management with
tamper-resistant battery backup
• iOS and Android apps
• Optional live monitoring services
• Control camera access and add or remove
users at any time
1. LOUDSPEAKER
2. ANTENNA
3. STROBE LIGHT (L)
4. STROBE LIGHT CENTER
5. STROBE LIGHT (R)
6. FLOOD LIGHT
7. EDGE CONTROLLER
2TBSSD (INSIDE)
8. TOOL-LESS
INSTALLATION
TECHNICAL SPECIFICATIONS
WEIGHT 1,900 lbs
SUSPENSION 3,500 lbs axle & springs
TIRE SIZE 13”
POWER
24 V DC @ 24 watts (disarmed)
@ 35 watts (armed)
@ 100 watts (max, floodlight on)
SOLAR GENERATION 800 watts
BATTERY CAPACIT Y 460 AH
1 2
4 5
3 6
7 8
MEASUREMENTS
LENGTH WIDTH HEIGHT
DEPLOYED 103” 96” 264”
TRANSPORT 100” 68” 102”
TOW 135” 68” 102”
EXHIBIT A
SCOPE OF SERVICES/ PAYMENT SCHEDULE
PROJECT JRC27-022
16|General Services Provider Standard Agreement/LiveView Technologies, Inc./Project JRC27-022 802 E 1050 S Order Form #: Q-89584
American Fork, UT 84003 Date Issued: 6/25/2026
Phone: (801) 221-9408 Expiration Date: 7/31/2026
DUNS Number: 196941160
Federal Tax ID (EIN): 20-2350309
Email: [email protected]
Company: Prepared By:
City of Victorville Vahik Safarian
Anthony Gallegos Customer Success Manager - SLED
West Coast
14343 Civic Dr [email protected]
Victorville, California 92392-2303
United States For information on LVT's licenses,
please see https://www.lvt.com/licenses
Payment Schedule Details
Payment Schedule: Initial Subscription Term (Months):
12.00 Payment Terms: Net 30 Customer Agreement: Online Order Effective Date: Upon Execution Start Date: 7/1/2026 End Date: 6/30/2027
City of Victorville - Public Works
Palmdale Yard
QTY MSRP Term Total /
unit
Contract
Total
Subscription (Config 1) 1.00 $3,495.00 $29,013.00 $29,013.00 Level 3 Subscription 1.00
Subtotal (pre-tax): $3,495.00 $29,013.00 $29,013.00
Animal Shelter
QTY MSRP Term Total /
unit
Contract
Total
Subscription (Config 1) 1.00 $3,495.00 $29,013.00 $29,013.00 Level 3 Subscription 1.00
Subtotal (pre-tax): $3,495.00 $29,013.00 $29,013.00
Victorville City Library
QTY MSRP Term Total /
unit
Contract
Total
Subscription (Config 1) 1.00 $3,495.00 $29,013.00 $29,013.00 Level 3 Subscription 1.00
Subtotal (pre-tax): $3,495.00 $29,013.00 $29,013.00
White Road Booster Station
QTY MSRP Term Total /
unit
Contract
Total
Subscription (Config 1) 1.00 $3,495.00 $29,013.00 $29,013.00
EXHIBIT A
SCOPE OF SERVICES/ PAYMENT SCHEDULE
PROJECT JRC27-022
17|General Services Provider Standard Agreement/LiveView Technologies, Inc./Project JRC27-022 QTY MSRP Term Total /
unit
Contract
Total
Level 3 Subscription 1.00
Subtotal (pre-tax): $3,495.00 $29,013.00 $29,013.00
Eva Dell Park / Wellness Center
QTY MSRP Term Total /
unit
Contract
Total
Subscription (Config 1) 1.00 $3,495.00 $29,013.00 $29,013.00 Level 3 Subscription 1.00
Subtotal (pre-tax): $3,495.00 $29,013.00 $29,013.00
Code Compliance Illegal Dumping /
OHV Unit
QTY MSRP Term Total /
unit
Contract
Total
MSU - LVT Managed (Config 1) 1.00 $4,233.33 $34,921.44 $34,921.44 LPR - MSU Mounted 1.00
Intelligent Deterrence 1.00
Intelligent Investigations 1.00
Round-Trip Shipping Fee 1.00 $2,000.00 $0.00
Setup Fee 1.00 $400.00 $0.00
Subtotal (pre-tax): $6,633.33 $34,921.44 $34,921.44
Quote Total:
Pre-Tax One-Time Fees: $0.00
Pre-Tax Recurring Fees: $179,986.44
Pre-Tax Total: $179,986.44
Estimated Tax: $15,748.81
Marketing Terms
N/A
EXHIBIT A
SCOPE OF SERVICES/ PAYMENT SCHEDULE
PROJECT JRC27-022
18|General Services Provider Standard Agreement/LiveView Technologies, Inc./Project JRC27-022 City of Victorville - Public Works
Palmdale Yard
Subscription
!
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Level 3 Subscription
!
"
###
Animal Shelter
Subscription
!
"
###
Level 3 Subscription
!
"
###
Victorville City Library
Subscription
!
"
###
Level 3 Subscription
!
"
###
White Road Booster Station
Subscription
!
"
###
Level 3 Subscription
!
"
###
Eva Dell Park / Wellness Center
Subscription
!
"
###
Level 3 Subscription
EXHIBIT A
SCOPE OF SERVICES/ PAYMENT SCHEDULE
PROJECT JRC27-022
19|General Services Provider Standard Agreement/LiveView Technologies, Inc./Project JRC27-022
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Code Compliance Illegal Dumping /
OHV Unit
MSU - LVT Managed
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$
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LPR - MSU Mounted
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Intelligent Deterrence
$
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Intelligent Investigations
$
Round-Trip Shipping Fee
Setup Fee
Equipment Relocation/Shipping Costs
Local Permitting Requirements
!
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Is a Purchase Order required by LVT before we can issue an invoice for this order? Choose Yes only if you will send LVT a PO that we must receive to invoice. If your POs are internal-only or you won’t send one to LVT, choose No.
\dd_1_po\
LVT will collect applicable sales tax on all sales unless a valid tax exemption certificate is provided at the time of sale. If you are tax-exempt, please check “yes” and provide a copy of your tax exemption certificate to ensure your exemption is applied.
\dd_1_te\
EXHIBIT A
SCOPE OF SERVICES/ PAYMENT SCHEDULE
PROJECT JRC27-022
20|General Services Provider Standard Agreement/LiveView Technologies, Inc./Project JRC27-022
ATTACHMENT B
SOLE SOURCE LETTER
ATTACHMENT C
CURRENT CITY
LOCATIONS
Item Number: 23
City Council / Board of Directors
Written Communications
Meeting of: August 18, 2026
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Approval of Agreements with Two (2) Consultants for On-Call Right-of-Way Services Recommendation:
That the Honorable City Council approve a Consultant/Professional Services Provider Agreements with two (2) qualified consultants: 1) Dokken Engineering, Inc., and 2) Paragon Partners Consultants, Inc., in an amount not to exceed $50,000 per agreement for on-call Right-of-Way consulting services.
Fiscal Impact:
This action may result in a fiscal impact totaling $100,000 per fiscal year contingent upon the level and extent of services required for budgeted infrastructure capital improvement projects. The services provided will be on an as-needed basis, and budgeted with each capital improvement project. The compensation for services potentially to be provided by each consultant will be for an amount not to exceed $50,000 per year. A total aggregate contract amount of $200,000 per consultant may be expended over a four-year period if the City extends each agreement by the three (3) allowable one-year extensions.
Strategic Plan Goal:
This item aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026 by providing professional services for the acquisition of public Right-of- Way or easements for infrastructure improvement projects.
Background:
The Engineering Department issued a Request for Qualifications (RFQ) to obtain the services from qualified firms to provide on-call Right-of-Way support for local, state, and federally funded capital improvement infrastructure projects. The services may include, but are not limited to the issuance of initial notices to property owners, acquiring real property rights or temporary construction easements for public infrastructure improvements, consultations, coordination, easement processing, appraisals and offers, 4 7
9 9
relocation assistance, and other Right-of-Way activities necessary to facilitate timely project delivery. Due to fluctuating workload demands, the City does not maintain in- house staff for these specialized services.
The majority of assignments will support capital improvement projects managed by the Engineering Department. The agreements may additionally be utilized by other City departments requiring professional Right-of-Way services as an on-call alternative to the issuance of a project-specific request for qualifications.
Depending on the City's workload, consultants may be assigned work on an as-needed basis during the term of the agreements. Selection for the on-call list does not guarantee a minimum amount of work or compensation. For each assignment, the City will issue a scope of work and request a fee proposal, which will be reviewed and authorized through a project-specific Work Order in accordance with the agreements. Work may consist of discrete, short-term assignments or support for larger capital improvement projects spanning several weeks or months. Consultant costs will be budgeted and funded by the capital improvement program projects approved by the City Council.
Discussion:
The RFQ was issued on May 12, 2026 using procedures in accordance with Municipal Code §2.28.280, Right-of-Way consulting companies were notified of the advertisement.
On June 4, 2026, two (2) companies submitted their Statements of Qualifications (SOQs).
Both submittals were evaluated by a selection committee of City staff using the evaluation criteria identified in the RFQ, including experience, project team and key personnel qualifications, capacity and responsiveness, along with references and past performance.
Based on the evaluation, staff determined that Dokken Engineering, Inc. and Paragon Partners Consultants, Inc. are qualified to provide the required on-call Right-of-Way services.
The Engineering Department currently manages an agreement with Dokken Engineering, Inc., for Right-of-Way acquisition and appraisal services specifically for the Santa Fe Wash Sewer Realignment Project. This agreement cannot be utilized by Engineering or other City departments for other capital improvement projects.
Staff recommends that the City Council approve Consultant/Professional Services Provider Agreements with two (2) qualified consultants: 1) Dokken Engineering, Inc., and 2) Paragon Partners Consultants, Inc., in an amount not to exceed $50,000 per agreement for on-call Right-of-Way services over an initial term of one (1) year with the option for City staff to extend the agreement for three (3) additional one-year terms.
Staff is available for any questions Council may have.
Prepared By:
Sarah Mayne, Management Technician
4 7
9 9
Attachments: A. Agreement - Dokken Engineering, Inc.
B. Agreement - Paragon Partners Consultants, Inc.
Attachment A
Agreement – Dokken
Engineering, Inc.
1 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-124- 1 CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT
BY AND BETWEEN
THE CITY OF VICTORVILLE
AND
DOKKEN ENGINEERING, INC.
FOR
ON-CALL RIGHT OF WAY CONSULTING SERVICES,
PROJECT MS26-124-1
THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), dated this _____ day of ____________________, 20__ for reference purposes only, is made and entered into by and between THE CITY OF VICTORVILLE, a California charter city and municipal corporation, hereinafter referred to as the “City”, and Dokken Engineering, a California corporation , hereinafter referred to as “ Consultant.” City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties.”
RECITALS:
WHEREAS, the City requires Consultant/Professional Services to provide On-Call Right of Way Consulting Services as described in the Request for Qualifications (“ RFQ”) issued for Project No. MS26-124 (the “Project”), the terms of which RFQ are incorporated as part of this Agreement by this reference; and
WHEREAS, Consultant provided a response to the RFQ for said Project and following an evaluation process was selected by the City to be a provider of On-Call Right of Way Consulting Services; and
WHEREAS, Consultant represents and warrants that it is fully qualified and appropriately licensed to perform the professional services required for performance under this Agreement by virtue of its experience and the training, education, and expertise of its princi pals and its employees; and
WHEREAS, City does not have the personnel, specialized equipment, or technical expertise able to perform the work and services contracted for herein.
WHEREAS, in light of the facts set forth above, the City desires to retain the services of a qualified Consultant to provide, on an independent contractor basis, On-Call Right of Way Consulting Services.
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
2 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-124- 1 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. WORK ORDERS: SCOPE OF SERVICES
a. Consultant shall provide to the City such professional services as may be requested by the City in writing from time to time in individual written authorizations issued to Consultant (hereinafter “ Work Order” or “Work Orders ”). Such Work Orders shall be binding upon the City and Consultant only if approved and executed by both Parties. Consultant acknowledges that City is not obligated to issue any Work Orders under this Agreement.
b. The professional services to be performed and the schedule for performance shall be as described in each issued Work Order as an attachment, hereinafter the “ Scope of Services”. Consultant agrees to perform the professional services in accordance with the terms and conditions contained and incorporated into this Agreement, and in accordance with such terms and conditions as are specified in each executed Work Order, and in the specific Scope of Services attached thereto. Consultant acknowledges and agrees that if any Work Orders are funded in whole or in part with state or federal assistance (grant funds) that Consultant and any subcontractors and/or subconsultants will be required to comply with any terms and conditions applicable to such grant or funding, which shall be provided to Consultant and attached to the corresponding Work Order as part of the Scope of Services.
c. The Scope of Services to be attached to any Work Order may include the professional right of way services which were contained in the Scope of Work portion of the RFQ described in the Recitals, and which has been attached hereto as Exhibit “A”. Consultant shall not perform any services under this Agreement unless and until identified in a Work Order executed by both Parties.
d. Consultant acknowledges that this Agreement is non-exclusive, and that City may enter into agreements with others for services similar to those specified in this Agreement.
Section 3. COMPENSATION; SUBSEQUENT ON-CALL WORK ORDERS
a. Compensation to Consultant shall not exceed the sum of Fifty Thousand and 00/100 Dollars ($50,000) during each one (1)-year term, with an aggregate total contract amount of Two Hundred Thousand and 00/100 Dollars ($200,000.00) if all three (3) one (1) -year extensions are granted. However, actual payment of compensation to Consultant will only be made as set forth in Work Orders subsequently issued to Consultant and executed by both Parties for work/services, which may involve per project requests for quotes as set forth in Section 4, below.
b. No expense reimbursements, including, but not limited to, reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless such expense reimbursements: (i) are specifically provided for and described by nature and type in Exhibit “B”; (ii) appear on Consultant’s monthly invoices to City; (iii) are supported by the appropriate receipts and other such documentation as the City shall require; and (iv) are directly related to the Scope of Services attached to Work Orders subsequently issued by the City and executed by 3 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-124- 1 the Parties. In addition, any and all reimbursements shall be made in accordance with any City policy governing same.
Section 4. FEE SCHEDULE
a. The City shall pay Consultant based upon Consultant’s submitted Fee Schedule, attached hereto as Exhibit “B” , but only for such services/work as are authorized by and specified in Work Orders issued by the City which have been executed by both the Parties. b. City may request that Consultant perform non-complex or limited duration on-call work/services (which shall be performed at the rates set forth in the attached Exhibit “B”) or may issue per-project requests for submission of written quotes for more complex projects (which may be performed for rates/unit prices that vary from those Exhibit “B”, provided that good cause justifying any request variance is specified in Consultant’s written submitted quote). The foregoing notwithstanding, absent a written amendment to this Agreement, in no event shall City’s total payments to Consultant exceed the compensation amount set forth in Section 3.a. No Work Order can alter said compensation amount.
c. The provisions of Exhibit “B” and this Section notwithstanding, in order to receive payments, Consultant must submit to the City detailed monthly invoices which include, as applicable, this On-Call Agreement Project Number (MS26-124) and a Work Order or purchase order number issued by the City for services requested to identify a specific City project or job; a description of all services/tasks performed, the number of hours expended on each service/task, the name of the person perform ing the service/task, and expense reimbursement information, if any, as required by Section 3, above. Each invoice shall further include a running balance of the On-call Agreement’s total contract expenditures to date. Provided that services have been satisfactorily rendered, Consultant’s invoices shall be paid by the City approximately thirty (30) working days following the City’s receipt thereof. In the event of a conflict or inconsistency between this Agreement and Consultant’s submitted Fee Schedule attached as Exhibit “B”, the provisions of this Agreement shall prevail, and nothing set forth in Exhibit “B” shall be deemed to supersede the provisions of Section 5 of this Agreement.
Section 5. STATE PREVAILING WAGE AND RELATED LABOR PROVISIONS
a. Consultant is aware of the requirements of California Labor Code section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, section 16000, et seq., (collectively “Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects including, but not limited to, the design and preconstruction phases of a covered public works project. This Agreement is subject to Prevailing Wage Laws, for all work performed under this Agreement for which the payment of prevailing wage is required by those laws. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
b. 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 this Agreement 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 4 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-124- 1 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. Prevailing Wage requirements will be specified in Work Orders, and compliance with DIR registration and other applicable Prevailing Wage Law requirements shall be required prior to execution and performance of any such Work Order.
Section 6. TERM OF AGREEMENT
a. Unless earlier terminated in accordance with the provisions in Section 21 of this Agreement, the term of this Agreement shall be for a period of one (1) year, commencing on the date of full execution of the Agreement (the “Commencement Date”) and expiring June 30, 2027, after the Commencement Date (the “Initial Term”). This Agreement shall automatically terminate and end upon the expiration of the Initial Term unless: (a) option periods are provided for in this Section and are exercised by the City; or (b) the term of this Agreement is extended by written agreement of the Parties prior to the expiration of the Initial Term. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
b. Subject to satisfactory performance as determined by the City, this Agreement may be extended at the option of the City for three (3) additional one (1) year periods (each hereinafter an “Option Period”). Should the City decide to exercise its option(s) to extend, City shall give Consultant sixty (60) days' advance written notice prior to the expiration date of the Initial Term and sixty (60) days' advance written notice prior to the expiration date of each subsequently exercised Option Period (if any). If City does not give Consultant such written notice of its option to extend, this Agreement shall terminate at the end of the Initial Term or at the end of the then - current Option Period (as applicable) without further notice from either Party, unless terminated earlier pursuant to the provisions of Section 21 or otherwise extended by written agreement of the Parties.
Section 7. INDEPENDENT CONTRACTOR STATUS
a. City retains Consultant on an independent contractor basis and not as an employee. The Parties hereto warrant and represent that Consultant is an independent contractor and not an employee, agent, joint venture, or partner of the City. The services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. Any employees performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control.
Consultant shall pay all wages, salaries, and other amounts due such employees in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional employees, including:
social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
b. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Consultant or between the City and any of Consultant’s employees performing the Services under this Agreement on behalf of Consultant. The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other compensation or benefits to any person employed by Consultant to perform the services described herein. Both Parties acknowledge that 5 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-124- 1 neither Consultant, nor any of its employees are considered City employees for state or federal tax purposes or for any other purpose. Consultant shall retain the right to perform services for others during the term of this Agreement, provided that such w ork does not create a conflict of interest. Nothing in this Agreement shall be interpreted to imply that the Parties must maintain any contractual relationship with each other on a continuing basis after termination of this Agreement. Nothing contained in this Agreement shall prevent the City from hiring Consultant’s employees after termination of this Agreement.
c. Any provision of this Agreement that may appear to give the City a right to direct Consultant concerning the details of performing its obligations and/or duties under this Agreement, or to exercise any control over such performance, shall mean only that Consultant shall follow the direction of the City concerning the end results of the performance.
Section 8. NOT AGENT OF THE CITY
a. Nothing contained in this Agreement shall be deemed, construed, or represented by the City or Consultant or by any third person to create the relationship of principal and agent.
b. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.
Section 9. PRINCIPAL REPRESENTATIVES
a. Jamie Formico, Project Manager, or her designee, is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement.
b. Fredy A. Bonilla, PE, City Engineer , or his designee (hereinafter “ City Project Manager”) shall be the principal representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services under this Agreement, and such other functions and duties as are specified elsewhere 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 10. LICENSES AND PERMITS
Consultant warrants and represents that it has obtained and will maintain at all times during the Initial Term of this Agreement and during any extensions or Option Periods, if applicable, all business licenses, including but not limited to, a City of Victorville business license, professional licenses or certifications, or permits necessary for performing the services described in this Agreement.
Section 11. STANDARD OF PERFORMANCE; WARRANTIES
a. Consultant agrees to perform all services required by this Agreement, which shall be specified in a subsequently issued Work Order, in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by r eputable professionals performing similar services under similar conditions in the same or similar locality. 6 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-124- 1 Such services shall also be performed in a manner which is reasonably satisfactory to City’s Project Manager.
b. By executing this Agreement and any subsequently issued Work Order, Consultant warrants that it has or shall:
(1) Thoroughly investigate and consider the services and work to be performed;
(2) 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 understand the facilities, difficulties and restrictions associated with performance of the services required by any Work Order subsequently issued by the City as contemplated by this Agreement.
c. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. Consultant shall notify City in writing of any changes in Consultant’s staff assigned. The Project Manager may, in its sole discretion, determine that a person assigned to perform services is not performing in accordance with the standards required herein. If the Project Manager makes such a determination, Consultant shall replace such person immediately.
Section 12. FAMILIARITY WITH WORK
Should Consultant discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the City in a Work Order, Consultant shall immediately inform the City of such fact and shall not provide any services, except at Consultant's risk, until written instructions are received from City’s Project Manager.
Section 13. CONFLICTS OF INTEREST
a. The City covenants that no member, officer, or employee of the City engaged in the selection, award, or administration of this Agreement or any subsequent Work Orders issued for individual on-call projects hereunder shall have any prohibited conflict of interest, whether real or apparent, in any such contracts or the proceeds thereof.
b. Consultant warrants and represents that it has no known relationships with third parties, City Council members, or employees of City which would: (1) present a conflict of interest pursuant to California Government Code Section 1090, the Political Reform A ct (Government Code § 81000 et seq.), or any other applicable conflict of interest law; or (2) prevent Consultant from performing the Services required by this Agreement.
c. Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s services under this Agreement or which would constitute a violation of any conflict- of-interest law, including Section 81000 et seq . or Section 1090 et seq . of the California Government Code. Consultant further covenants that in the performance of services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it.
7 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-124- 1 d. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.
e. In the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk’s Offic e pursuant to the written instructions provided by the City Clerk.
Section 14. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including any rule, regulation, or bylaw governing the conduct or performance of Consultant or its employees, officers, or board members. Consultant shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
Section 15. INSURANCE
a. Required Policies. Consultant shall be required to procure and maintain at its own expense at all times during the term of this Agreement (and during any option or extension periods) the following policies of insurance:
(1) Commercial General Liability Insurance (“CGL”) of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the acts or omissions of the Consultant or its officers, employees/personnel, servants, volunteers, agents, and Subcontractors.
(2) Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Consultant or its officers, employees/personnel, servants, volunteers, agents, and Subcontractors in pe rforming the services required by this Agreement.
(3) Professional Liability or Errors and Omissions Insurance as appropriate to Consultant’s profession written on a policy form specifically designed to provide coverage for and protect against the negligent acts, errors, and omissions of the Consultant in the performance of the services required by this Agreement. A minimum limit of One Million Dollars ($1,000,000) per claim and in the aggregate must be provided.
(4) Workers' Compensation Insurance, as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(5) Reserved.
b. Additional Insurance Requirements. With respect to the policies of insurance set forth above, compliance with the following is also required:
8 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-124- 1 (1) Additional Insureds. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation and Professional Liability, shall be endorsed, with coverage at l east as broad as ISO form CG 20 10, to name the City and its officers, employees, servants, volunteers, agents, and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.
(2) Waiver of Subrogation . Consultant shall require the carriers of all required insurance policies, with exception of the Professional Liability policy, to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, independent contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
(3) Sufficiency of Insurers. Consultant must secure all required policies of insurance from a good and responsible company or companies authorized to do insurance business in the State of California, with an AM Best’s rating of not less than A:VII.
(4) Proof of Insurance Coverage. Consultant shall furnish to the City Clerk certificates of insurance evidencing the required coverages and policy endorsements at least ten (10) business days prior to the commencement of any services to be performed under this Agreement, and two weeks prior to each policy expiration date thereafter, evidencing that the policy has been renewed or replaced with adequate coverages.
(5) Cancellation or Amendment. The policies shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellat ion or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
(6) Primary and Non-Contributory. The CGL and Vehicle Liability policies shall be endorsed as Primary and Non-contributory.
c. Right to Modify Insurance Requirements . The City reserves the right to modify these insurance requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
d. Broader Coverages. If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Section 16. REPORTS
Upon request by City’s Project Manager or as otherwise required by Work Orders issued under this Agreement, including the Scope of Services attached thereto, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the services required by this Agreement.
9 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-124- 1 Section 17. RECORDS
a. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable City’s Project Manager to evaluate the cost and the performance of such services.
b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
c. City’s Project Manager shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to City’s Project Manager, for purposes of performing an audit for a period of five (5) years from the date final payment is made under this Agreement. Pursuant to Government Code section 8546.7, this Agreement may be subject to the examination and audit of the State Auditor for a period of three (3) years from the date such final payment is made.
Section 18. CONFIDENTIALITY; OWNERSHIP OF WORK
a. Any and all documents and information obtained from the City or prepared by Consultant for the City shall be kept strictly confidential unless otherwise provided by applicable law. All City data, documents and information shall be returned to the City upon termination or expiration of this Agreement.
b. Any drawings, specifications, reports, records, documents, or other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of City’s Project Manager or as requi red by applicable law.
c. Consultant shall not disclose to any other entity or person any information regarding the activities of the City, except with the prior written approval of City’s Project Manager or as required by applicable law.
d. All original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the property of the City and shall be surrendered to the City upon the completion of Consultant’s services or when requested by City’s Project Manager Such materials may be used, reused or otherwise disposed of by the City without the permission of Consultant.
e. Consultant’s covenants under this Section 18 shall survive the termination of this Agreement.
Section 19. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES
a. This Agreement may be modified or amended only by a written instrument signed by both Parties.
10 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-124- 1 b. During the Initial Term of this Agreement, or during any extensions or option periods if applicable, the City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of a Work Order and its accompanying Scope of Services issued under this Agreement, On-Call Right of Way Consulting Services but which the Parties did not reasonably anticipate would be necessary at the time of the execution of this thereof. A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.
Section 20. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addr essed to the Parties as follows:
To the City: Fredy A. Bonilla, PE, City Engineer
Engineering Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Consultant: John A. Klemunes Jr., P.E.
President
Dokken Engineering, Inc.
110 Blue Ravine Rd., Suite 200
Folsom, CA 95630
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
c. Either Party may change its address by giving notice in writing to the other Party at the address listed above, and thereafter notices shall be addressed and transmitted to such new address.
Section 21. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination or suspension provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of termination, the City 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.
11 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-124- 1 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 accordanc e 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.
12 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-124- 1 Section 24. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous Agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and Agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or Agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement.
c. No Agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, in a Work Order subsequently executed by the Parties as contemplated hereunder, or in a valid modification or amendment to t his Agreement, shall be valid or binding on either Party.
Section 25. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted agains t either of them.
Except as expressly limited by this paragraph or as specified elsewhere in this Agreement, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Section 26. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Consultant or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
Section 27. REVIEW BY ATTORNEYS
Each Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.
Section 28. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.
13 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-124- 1 Section 29. ASSIGNMENT
Neither this Agreement, nor the rights and duties of the Parties hereunder, shall be assigned by either Party without prior written consent of the other Party.
Section 30. CARE OF WORK
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 def ective work is due to the negligence of Consultant. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.
Section 31. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 32. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.
Section 33. GENDER; SINGULAR AND PLURAL
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 34. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 35. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
14 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-124- 1 Section 36. DEFAULT
a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder.
b. The Party claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein.
c. Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy, including termination, or damages by initiating legal proceedings.
Section 37. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercis e by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 38. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or f orum in San Bernardino County, California.
Section 39. ATTORNEYS’ FEES
In the event any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement, or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
15 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-124- 1 Section 40. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City until it has been signed by the authorized representative(s) of Consultant, approved as to form by the City Attorney, reviewed by the City’s Risk Manager, and executed by the authorized City personnel or the Mayor. This Agreement shall be considered effective as of the date it is fully executed.
Section 41. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING
AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 42. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.
(END OF THIS PAGE)
16 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-124- 1 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
THE CITY OF VICTORVILLE DOKKEN ENGINEERING, INC.
By: By:
Name: Elizabeth Becerra Name: John A. Klemunes Jr., P.E.
Title: Mayor Title: President
Date: Date:
ATTEST
____________________________________
Jennifer Thompson, City Clerk
APPROVED AS TO FORM
___________________________________
Andre de Bortnowsky, City Attorney
RISK MANAGEMENT
___________________________________
Sandra Bostick, Risk Manager
17 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-124- 1 EXHIBIT A
SCOPE OF WORK FROM RFQ
SCOPE OF SERVICES:
The Engineering Department oversees the City’s Capital Improvement Program (CIP), which delivers a wide range of projects involving streets, drainage, traffic systems, water, sewer, and airport infrastructure. The Department is responsible for the complete delivery of public works improvements, including project initiation, planning, environmental review, design development, right-of-way coordination, and construction administration.
The C
ity’s Engineering Department performs in-house surveying and design services for a variety of capital improvement projects. The Survey/Mapping Division typically conducts field surveys within project limits and prepares electronic survey data consisting of point files containing Northing, Easting, and Elevation information, together with associated linework identifying existing right -of-way, easements, APNs, and other existing features. Using this survey information, City staff develops project designs, including existing and proposed surfaces, horizontal and vertical alignments, profiles, cross sections, corridors, utility coordination, and related construction documents necessary for project delivery.
Typical design milestones occur at the 30%, 60%, 90%, and final design stages. Right -of-way consultants are expected to coordinate with the City’s phased design development process and provide services as needed to support project delivery. Consultant involvement will generally
EXHIBIT A
SCOPE OF WORK FROM RFQ, PROJECT MS26-124-1
18/ Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-124-1 begin during the 30% to 60% design phase, once preliminary design layouts, alignments, and project impacts have been established and potential right-of-way requirements can be identified.
At this stage, consultants may assist with preliminary right-of-way engineering, property research, easement identification, appraisal coordination, acquisition support, and related services necessary to support continued project development and delivery.
Consultants may also be requested to provide early coordination or feasibility support during the 0–30% phase for projects with anticipated right-of-way constraints or complex property impacts.
Continued consultant coordination through the 60–90% and final design phases may be required to support final right -of-way certifications, acquisition completion, utility coordination, and preparation of exhibits for Permission to Enter and Construct (PTEAC), as applicable.
EXHIBIT A
SCOPE OF WORK FROM RFQ, PROJECT MS26-124-1
19/ Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-124-1 18 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-124- 1 EXHIBIT B
FEE SCHEDULE
See Attachment
1 ON-CALL RIGHT-OF-WAY FEE SCHEDULE
PRIME CONSULT
ANT NAME: _Dokken Engineering___________________________
1. Hourly Rates
Staff Classification
Years of
Experience
Hourly Rate
(Year 1)
Year 2
Escalation (%) Year 2 Rate Year 3
Escalation (%) Year 3 Rate Year 4
Escalation (%) Year 4 Rate Notes
Right of Way Manager 15+ Years $250 5% $265 5% $280 5% $295 Senior Right of Way Agent 10+ Years $195 5% $205 5% $215 5% $225 Right of Way Agent 5+ Years $125 5% $130 5% $135 5% $140 Right of Way Assistant 0-5 Years $95 5% $100 5% $105 5% $110 Right of Way Technician 0 Years $80 5% $85 5% $90 5% $95 Senior Appraiser 10+ Years $175 5% $185 5% $195 5% $205 Appraiser 5+ Years $135 5% $140 5% $145 5% $150
Appraiser Assistant 0-5 Years $95 5% $100 5% $105 5% $110 Appraiser Technician 0 Years $80 5% $85 5% $90 5% $95
Principal in Charge 25+ Years $345 5% $360 5% $380 5% $400 Senior Engineer 10+ Years $265 5% $280 5% $295 5% $310
Associate Engineer 5+ Years $205 5% $215 5% $225 5% $235 Assistant Engineer 0-5 Years $155 5% $165 5% $175 5% $185 Engineering Technician 0 Years $135 5% $140 5% $145 5% $150
2. Subconsultant List
Subconsultant Firms
None
4. Reimbursable and Other Direct Costs
Expense Category Included in Hourly Rate (Yes/No) Billing Methodology Rate / Basis Title Reports No Actual Cost Actual Cost
Appraisal Reviews No Actual Cost Actual Cost
Curtis Rosenthal No (Outside Firm) Actual Cost per Appraisal Actual Cost Scott Appraisals No (Outside Firm) Actual Cost per Appraisal Actual Cost
5. Assu mp
tions
Category Description / Assumptions
Escalation Assumptions Prime rates escalate by 5% in January of each year, rounded to the nearest multiple of $5.
Certification St
atement
Consultant certifies that the rates provided above are fully burdened and include all direct labor, fringe benefits, overhead, administrative costs, and profit. No additional overhead, administrative fees, or indirect costs will be added beyond the rates provided herein and the approved subconsultant markup
3. Subconsultant Markup Information
Description Rate
Proposed Subconsultant Markup (%) 0%
Authorized Representative: _______________________________________ Date: July 6, 2026__________________ Title: Preside
nt________________________________________________________
EXHIBIT B
FEE SCHEDULE, PROJECT MS26-124-1
21/ Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-124-1 Attachment B
Agreement –
Paragon Partners
Consultants, Inc.
1 Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124
CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT
BY AND BETWEEN
THE CITY OF VICTORVILLE
AND
PARAGON PARTNERS CONSULTANTS, INC
FOR
ON-CALL RIGHT OF WAY CONSULTING SERVICES,
PROJECT MS26-124
THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), dated this _____ day of ____________________, 20__ for reference purposes only, is made and entered into by and between THE CITY OF VICTORVILLE, a California charter city and municipal corporation, hereinafter referred to as the “ City”, and Paragon Partners Consultants, Inc. , a Delaware corporation, hereinafter referred to as “Consultant.” City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties.”
RECITALS:
WHEREAS, the City requires Consultant/Professional Services to provide On-Call Right of Way Consulting Services as described in the Request for Qualifications (“ RFQ”) issued for Project No. MS26-124 (the “Project”), the terms of which RFQ are incorporated as part of this Agreement by this reference; and
WHEREAS, Consultant provided a response to the RFQ for said Project and following an evaluation process was selected by the City to be a provider of On-Call Right of Way Consulting Services; and
WHEREAS, Consultant represents and warrants that it is fully qualified and appropriately licensed to perform the professional services required for performance under this Agreement by virtue of its experience and the training, education, and expertise of its princi pals and its employees; and
WHEREAS, City does not have the personnel, specialized equipment, or technical expertise able to perform the work and services contracted for herein.
WHEREAS, in light of the facts set forth above, the City desires to retain the services of a qualified Consultant to provide, on an independent contractor basis, On-Call Right of Way Consulting Services.
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
2 Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124
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. WORK ORDERS: SCOPE OF SERVICES
a. Consultant shall provide to the City such professional services as may be requested by the City in writing from time to time in individual written authorizations issued to Consultant (hereinafter “ Work Order” or “Work Orders ”). Such Work Orders shall be binding upon the City and Consultant only if approved and executed by both Parties. Consultant acknowledges that City is not obligated to issue any Work Orders under this Agreement.
b. The professional services to be performed and the schedule for performance shall be as described in each issued Work Order as an attachment, hereinafter the “ Scope of Services”. Consultant agrees to perform the professional services in accordance with the terms and conditions contained and incorporated into this Agreement, and in accordance with such terms and conditions as are specified in each executed Work Order, and in the specific Scope of Services attached thereto. Consultant acknowledges and agrees that if any Work Orders are funded in whole or in part with state or federal assistance (grant funds) that Consultant and any subcontractors and/or subconsultants will be required to comply with any terms and conditions applicable to such grant or funding, which shall be provided to Consultant and attached to the corresponding Work Order as part of the Scope of Services.
c. The Scope of Services to be attached to any Work Order may include the professional right of way services which were contained in the Scope of Work portion of the RFQ described in the Recitals, and which has been attached hereto as Exhibit “A”. Consultant shall not perform any services under this Agreement unless and until identified in a Work Order executed by both Parties.
d. Consultant acknowledges that this Agreement is non-exclusive, and that City may enter into agreements with others for services similar to those specified in this Agreement.
Section 3. COMPENSATION; SUBSEQUENT ON-CALL WORK ORDERS
a. Compensation to Consultant shall not exceed the sum of Fifty Thousand and 00/100 Dollars ($50,000) during each one (1)-year term, with an aggregate total contract amount of Two Hundred Thousand and 00/100 Dollars ($2 00,000.00) if all three (3) one (1) -year extensions are granted. However, actual payment of compensation to Consultant will only be made as set forth in Work Orders subsequently issued to Consultant and executed by both Parties for work/services, which may involve per project requests for quotes as set forth in Section 4, below.
b. No expense reimbursements, including, but not limited to, reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless such expense reimbursements: (i) are specifically provided for and described by nature and type in Exhibit “B”; (ii) appear on Consultant’s monthly invoices to City; (iii) are supported by the appropriate receipts and other such documentation as the City shall require; and (iv) are directly related to the Scope of Services attached to Work Orders subsequently issued by the City and executed by the Parties. In addition, any and all reimbursements shall be made in accordance with any City policy governing same.
3 Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124
Section 4. FEE SCHEDULE
a. The City shall pay Consultant based upon Consultant’s submitted Fee Schedule, attached hereto as Exhibit “B” , but only for such services/work as are authorized by and specified in Work Orders issued by the City which have been executed by both the Parties. b. City may request that Consultant perform non-complex or limited duration on-call work/services (which shall be performed at the rates set forth in the attached Exhibit “B”) or may issue per-project requests for submission of written quotes for more complex projects (which may be performed for rates/unit prices that vary from those Exhibit “B”, provided that good cause justifying any request variance is specified in Consultant’s written submitted quote). The foregoing notwithstanding, absent a written amendment to this Agreement, in no event shall City’s total payments to Consultant exceed the compensation amount set forth in Section 3.a. No Work Order can alter said compensation amount.
c. The provisions of Exhibit “B” and this Section notwithstanding, in order to receive payments, Consultant must submit to the City detailed monthly invoices which include, as applicable, this On-Call Agreement Project Number (MS26-124) and a Work Order or purchase order number issued by the City for services requested to identify a specific City project or job; a description of all services/tasks performed, the number of hours expended on each service/task, the name of the person perform ing the service/task, and expense reimbursement information, if any, as required by Section 3, above. Each invoice shall further include a running balance of the On-call Agreement’s total contract expenditures to date. Provided that services have been satisfactorily rendered, Consultant’s invoices shall be paid by the City approximately thirty (30) working days following the City’s receipt thereof. In the event of a conflict or inconsistency between this Agreement and Consultant’s submitted Fee Schedule attached as Exhibit “B”, the provisions of this Agreement shall prevail, and nothing set forth in Exhibit “B” shall be deemed to supersede the provisions of Section 5 of this Agreement.
Section 5. STATE PREVAILING WAGE AND RELATED LABOR PROVISIONS
a. Consultant is aware of the requirements of California Labor Code section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, section 16000, et seq., (collectively “Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects including, but not limited to, the design and preconstruction phases of a covered public works project. This Agreement is subject to Prevailing Wage Laws, for all work performed under this Agreement for which the payment of prevailing wage is required by those laws. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
b. 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 this Agreement 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. Prevailing Wage 4 Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124
requirements will be specified in Work Orders, and compliance with DIR registration and other applicable Prevailing Wage Law requirements shall be required prior to execution and performance of any such Work Order.
Section 6. TERM OF AGREEMENT
a. Unless earlier terminated in accordance with the provisions in Section 21 of this Agreement, the term of this Agreement shall be for a period of one (1) year, commencing on the date of full execution of the Agreement (the “Commencement Date”) and expiring June 30, 2027 after the Commencement Date (the “Initial Term”). This Agreement shall automatically terminate and end upon the expiration of the Initial Term unless: (a) option periods are provided for in this Section and are exercised by the City; or (b) the term of this Agreement is extended by written agreement of the Parties prior to the expiration of the Initial Term. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
b. Subject to satisfactory performance as determined by the City, this Agreement may be extended at the option of the City for three (3) additional one (1) year periods (each hereinafter an “Option Period”). Should the City decide to exercise its option(s) to extend, City shall give Consultant sixty (60) days' advance written notice prior to the expiration date of the Initial Term and sixty (60) days' advance written notice prior to the expiration date of each subsequently exercised Option Period (if any). If City does not give Consultant such written notice of its option to extend, this Agreement shall terminate at the end of the Initial Term or at the end of the then - current Option Period (as applicable) without further notice from either Party, unless terminated earlier pursuant to the provisions of Section 21 or otherwise extended by written agreement of the Parties.
Section 7. INDEPENDENT CONTRACTOR STATUS
a. City retains Consultant on an independent contractor basis and not as an employee. The Parties hereto warrant and represent that Consultant is an independent contractor and not an employee, agent, joint venture, or partner of the City. The services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. Any employees performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control.
Consultant shall pay all wages, salaries, and other amounts due such employees in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional employees, including:
social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
b. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Consultant or between the City and any of Consultant’s employees performing the Services under this Agreement on behalf of Consultant. The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other compensation or benefits to any person employed by Consultant to perform the services described herein. Both Parties acknowledge that neither Consultant, nor any of its employees are considered City employees for state or federal tax purposes or for any other purpose. Consultant shall retain the right to perform services for 5 Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124
others during the term of this Agreement, provided that such work does not create a conflict of interest. Nothing in this Agreement shall be interpreted to imply that the Parties must maintain any contractual relationship with each other on a continuing basis after termination of this Agreement. Nothing contained in this Agreement shall prevent the City from hiring Consultant’s employees after termination of this Agreement.
c. Any provision of this Agreement that may appear to give the City a right to direct Consultant concerning the details of performing its obligations and/or duties under this Agreement, or to exercise any control over such performance, shall mean only that Consultant shall follow the direction of the City concerning the end results of the performance.
Section 8. NOT AGENT OF THE CITY
a. Nothing contained in this Agreement shall be deemed, construed, or represented by the City or Consultant or by any third person to create the relationship of principal and agent.
b. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.
Section 9. PRINCIPAL REPRESENTATIVES
a. Walter Lauderdale, Project Manager , or her designee, is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement.
b. Fredy A. Bonilla, PE, City Engineer , or his designee (hereinafter “ City Project Manager”) shall be the principal representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services under this Agreement, and such other functions and duties as are specified elsewhere 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 10. LICENSES AND PERMITS
Consultant warrants and represents that it has obtained and will maintain at all times during the Initial Term of this Agreement and during any extensions or Option Periods, if applicable, all business licenses, including but not limited to, a City of Victorville business license, professional licenses or certifications, or permits necessary for performing the services described in this Agreement.
Section 11. STANDARD OF PERFORMANCE; WARRANTIES
a. Consultant agrees to perform all services required by this Agreement, which shall be specified in a subsequently issued Work Order, in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by r eputable professionals performing similar services under similar conditions in the same or similar locality.
Such services shall also be performed in a manner which is reasonably satisfactory to City’s Project Manager.
6 Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124
b. By executing this Agreement and any subsequently issued Work Order, Consultant warrants that it has or shall:
(1) Thoroughly investigate and consider the services and work to be performed;
(2) 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 understand the facilities, difficulties and restrictions associated with performance of the services required by any Work Order subsequently issued by the City as contemplated by this Agreement.
c. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. Consultant shall notify City in writing of any changes in Consultant’s staff assigned. The Project Manager may, in its sole discretion, determine that a person assigned to perform services is not performing in accordance with the standards required herein. If the Project Manager makes such a determination, Consultant shall replace such person immediately.
Section 12. FAMILIARITY WITH WORK
Should Consultant discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the City in a Work Order, Consultant shall immediately inform the City of such fact and shall not provide any services, except at Consultant's risk, until written instructions are received from City’s Project Manager.
Section 13. CONFLICTS OF INTEREST
a. The City covenants that no member, officer, or employee of the City engaged in the selection, award, or administration of this Agreement or any subsequent Work Orders issued for individual on-call projects hereunder shall have any prohibited conflict of interest, whether real or apparent, in any such contracts or the proceeds thereof.
b. Consultant warrants and represents that it has no known relationships with third parties, City Council members, or employees of City which would: (1) present a conflict of interest pursuant to California Government Code Section 1090, the Political Reform A ct (Government Code § 81000 et seq.), or any other applicable conflict of interest law; or (2) prevent Consultant from performing the Services required by this Agreement.
c. Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s services under this Agreement or which would constitute a violation of any conflict- of-interest law, including Section 81000 et seq . or Section 1090 et seq . of the California Government Code. Consultant further covenants that in the performance of services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it.
d. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.
7 Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124
e. In the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk’s Offic e pursuant to the written instructions provided by the City Clerk.
Section 14. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including any rule, regulation, or bylaw governing the conduct or performance of Consultant or its employees, officers, or board members. Consultant shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
Section 15. INSURANCE
a. Required Policies. Consultant shall be required to procure and maintain at its own expense at all times during the term of this Agreement (and during any option or extension periods) the following policies of insurance:
(1) Commercial General Liability Insurance (“CGL”) of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the acts or omissions of the Consultant or its officers, employees/personnel, servants, volunteers, agents, and Subcontractors.
(2) Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Consultant or its officers, employees/personnel, servants, volunteers, agents, and Subcontractors in pe rforming the services required by this Agreement.
(3) Professional Liability or Errors and Omissions Insurance as appropriate to Consultant’s profession written on a policy form specifically designed to provide coverage for and protect against the negligent acts, errors, and omissions of the Consultant in the performance of the services required by this Agreement. A minimum limit of One Million Dollars ($1,000,000) per claim and in the aggregate must be provided.
(4) Workers' Compensation Insurance, as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(5) Reserved.
b. Additional Insurance Requirements. With respect to the policies of insurance set forth above, compliance with the following is also required:
(1) Additional Insureds. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation and Professional Liability, shall be endorsed, with coverage at l east as broad as ISO form CG 20 10, to name the City and 8 Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124
its officers, employees, servants, volunteers, agents, and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.
(2) Waiver of Subrogation . Consultant shall require the carriers of all required insurance policies, with exception of the Professional Liability policy, to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, independent contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
(3) Sufficiency of Insurers. Consultant must secure all required policies of insurance from a good and responsible company or companies authorized to do insurance business in the State of California, with an AM Best’s rating of not less than A:VII.
(4) Proof of Insurance Coverage. Consultant shall furnish to the City Clerk certificates of insurance evidencing the required coverages and policy endorsements at least ten (10) business days prior to the commencement of any services to be performed under this Agreement, and two weeks prior to each policy expiration date thereafter, evidencing that the policy has been renewed or replaced with adequate coverages.
(5) Cancellation or Amendment. The policies shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellat ion or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
(6) Primary and Non-Contributory. The CGL and Vehicle Liability policies shall be endorsed as Primary and Non-contributory.
c. Right to Modify Insurance Requirements . The City reserves the right to modify these insurance requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
d. Broader Coverages. If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Section 16. REPORTS
Upon request by City’s Project Manager or as otherwise required by Work Orders issued under this Agreement, including the Scope of Services attached thereto, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the services required by this Agreement.
Section 17. RECORDS
a. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable City’s Project Manager to evaluate the cost and the performance of such services.
9 Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124
b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
c. City’s Project Manager shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to City’s Project Manager, for purposes of performing an audit for a period of five (5) years from the date final payment is made under this Agreement. Pursuant to Government Code section 8546.7, this Agreement may be subject to the examination and audit of the State Auditor for a period of three (3) years from the date such final payment is made.
Section 18. CONFIDENTIALITY; OWNERSHIP OF WORK
a. Any and all documents and information obtained from the City or prepared by Consultant for the City shall be kept strictly confidential unless otherwise provided by applicable law. All City data, documents and information shall be returned to the City upon termination or expiration of this Agreement.
b. Any drawings, specifications, reports, records, documents, or other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of City’s Project Manager or as requi red by applicable law.
c. Consultant shall not disclose to any other entity or person any information regarding the activities of the City, except with the prior written approval of City’s Project Manager or as required by applicable law.
d. All original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the property of the City and shall be surrendered to the City upon the completion of Consultant’s services or when requested by City’s Project Manager Such materials may be used, reused or otherwise disposed of by the City without the permission of Consultant.
e. Consultant’s covenants under this Section 18 shall survive the termination of this Agreement.
Section 19. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES
a. This Agreement may be modified or amended only by a written instrument signed by both Parties.
b. During the Initial Term of this Agreement, or during any extensions or option periods if applicable, the City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of a Work Order and its accompanying Scope of Services issued under this Agreement, On-Call Right of Way Consulting Services but which the Parties did not reasonably anticipate would be necessary at the time of the execution of this thereof. A written 10 Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124
instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.
Section 20. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addr essed to the Parties as follows:
To the City: Fredy A. Bonilla, PE, City Engineer
Engineering Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Consultant: William McCawley
Vice President and CFO
Paragon Partners Consultant, Inc.
5660 Katella Avenue, Suite 100
Cypress, CA 90630
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
c. Either Party may change its address by giving notice in writing to the other Party at the address listed above, and thereafter notices shall be addressed and transmitted to such new address.
Section 21. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination or suspension provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of termination, the City 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.
11 Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124
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 accordanc e 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.
Section 24. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous Agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
12 Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124
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, in a Work Order subsequently executed by the Parties as contemplated hereunder, or in a valid modification or amendment to t his Agreement, shall be valid or binding on either Party.
Section 25. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted agains t either of them.
Except as expressly limited by this paragraph or as specified elsewhere in this Agreement, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Section 26. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Consultant or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
Section 27. REVIEW BY ATTORNEYS
Each Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.
Section 28. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.
Section 29. ASSIGNMENT
Neither this Agreement, nor the rights and duties of the Parties hereunder, shall be assigned by either Party without prior written consent of the other Party.
13 Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124
Section 30. CARE OF WORK
The performance of services by Consultant or the payment of money by the City shall not relieve Consultant from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such incomplete, inaccurate, or def ective work is due to the negligence of Consultant. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.
Section 31. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 32. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.
Section 33. GENDER; SINGULAR AND PLURAL
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 34. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 35. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 36. DEFAULT
a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder.
14 Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124
b. The Party claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein.
c. Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy, including termination, or damages by initiating legal proceedings.
Section 37. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercis e by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 38. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or f orum in San Bernardino County, California.
Section 39. ATTORNEYS’ FEES
In the event any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement, or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
Section 40. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City until it has been signed by the authorized representative(s) of Consultant, approved as to form by the City Attorney, reviewed by the City’s Risk Manager, and executed by the authorized City personnel or the Mayor. This Agreement shall be considered effective as of the date it is fully executed.
Section 41. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING
AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
15 Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 42. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.
(END OF THIS PAGE)
16 Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
THE CITY OF VICTORVILLE PARAGON PARTNERS
CONSULTANTS, INC
By: By:
Name: Elizabeth Becerra Name: Bill McCawley
Title: Mayor Title: Vice President and CFO
Date: Date:
ATTEST
____________________________________
Jennifer Thompson, City Clerk
APPROVED AS TO FORM
___________________________________
Andre de Bortnowsky, City Attorney
RISK MANAGEMENT
___________________________________
Sandra Bostick, Risk Manager
17 Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124
EXHIBIT A
SCOPE OF WORK FROM RFQ
SCOPE OF SERVICES:
The Engineering Department oversees the City’s Capital Improvement Program (CIP), which delivers a wide range of projects involving streets, drainage, traffic systems, water, sewer, and airport infrastructure. The Department is responsible for the complete delivery of public works improvements, including project initiation, planning, environmental review, design development, right-of-way coordination, and construction administration.
The Ci
ty’s Engineering Department performs in-house surveying and design services for a variety of capital improvement projects. The Survey/Mapping Division typically conducts field surveys within project limits and prepares electronic survey data consisting of point files containing Northing, Easting, and Elevation information, together with associated linework identifying existing right -of-way, easements, APNs, and other existing features. Using this survey information, City staff develops project designs, including existing and proposed surfaces, horizontal and vertical alignments, profiles, cross sections, corridors, utility coordination, and related construction documents necessary for project delivery.
Typical design milestones occur at the 30%, 60%, 90%, and final design stages. Right -of-way consultants are expected to coordinate with the City’s phased design development process and provide services as needed to support project delivery. Consultant involvement will generally
EXHIBIT A
SCOPE OF WORK FROM RFQ, PROJECT MS26-124
19/ Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124 begin during the 30% to 60% design phase, once preliminary design layouts, alignments, and project impacts have been established and potential right-of-way requirements can be identified.
At this stage, consultants may assist with preliminary right-of-way engineering, property research, easement identification, appraisal coordination, acquisition support, and related services necessary to support continued project development and delivery.
Consultants may also be requested to provide early coordination or feasibility support during the 0–30% phase for projects with anticipated right-of-way constraints or complex property impacts.
Continued consultant coordination through the 60–90% and final design phases may be required to support final right -of-way certifications, acquisition completion, utility coordination, and preparation of exhibits for Permission to Enter and Construct (PTEAC), as applicable.
EXHIBIT A
SCOPE OF WORK FROM RFQ, PROJECT MS26-124
20/ Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124 18 Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124
EXHIBIT B
FEE SCHEDULE
See Attachment
ON-CALL RIGHT -OF-WAY FEE SCHEDULE
PRIME CONSULTANT NAME: Paragon Partners Consultants, Inc.
1. Hourly Rates with 3% Annual Escalation through Year 4
2. Subconsultant List
Subconsultant Firms
KDM Meridian
Riggs & Riggs
Thompson & Thompson
Epic Land Solutions
Scott Enterprises
Desmond, Marcello & Amster
3. Subconsultant Markup Information
4. 5%
Rate 1
Hourly Rates
EXHIBIT B
FEE SCHEDULE, PROJECT MS26-124
22/ Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124
EXHIBIT B
FEE SCHEDULE, PROJECT MS26-124
23/ Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124 1 ON-CALL RIGHT-OF-WAY FEE SCHEDULE
SUB CONSULTANT NAME: Thompson & Thompson Real Estate Valuation and Consulting, Inc.
Hourly Rates
EXHIBIT B
FEE SCHEDULE, PROJECT MS26-124
24/ Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124 2 Authorized Representative: _______________________________________ Date: June 3, 2026 Title: President
ON-CALL RIGHT-OF-WAY FEE SCHEDULE
SUB CON
SULTANT NAME: Thompson & Thompson Real Estate Valuation and Consulting, Inc.
Reim
bursable and Other Direct Costs
Expense Category
Included in Hourly
Rate
(Yes/No)
Billing
Methodology Rate / Basis
Mileage No IRS rate
Shipping No At Cost
Ass
umptions
Category Description / Assumptions
Certification Statement
Consultant certifies that the rates provided above are fully burdened and include all direct labor, fringe benefits, overhead , administrative costs, and profit. No additional overhead, administrative fees, or indirect costs will be added beyond the rates provided herein and the approved subconsultant markup
EXHIBIT B
FEE SCHEDULE, PROJECT MS26-124
25/ Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124 1 ON-CALL RIGHT-OF-WAY FEE SCHEDULE
SUB CONSULTANT NAME: ____Riggs & Riggs, Inc._
Hourly Rates
EXHIBIT B
FEE SCHEDULE, PROJECT MS26-124
26/ Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124
ON-CALL RIGHT-OF-WAY FEE SCHEDULE
SUB CONSUL TANT NAME: __ Riggs & Riggs, Inc.
Reimbursable and Other Direct Costs
Included in Hourly Billing Expense Category Rate
(Yes/No) Methodology Rate / Basis
Reimbursable expenses would only apply to litigation
matters wherein expert witness services were needed
(i.e., copies of documents from the City - after original appraisal is completed). No other direct costs.
Assumptions
Category Description / Assumptions
Certification Statement
Consultant certifies that the rates provided above are fully burdened and include all direct labor, fringe benefits, overhead, administrative costs, and profit. No additional overhead, administrative fees, or indirect costs will be added beyond the rates provided herein and the approved subconsultant markup Title:--�-� C( __ �..:....·Y\ll._"--'_<--_l _,___ _________ _ 2 EXHIBIT B
FEE SCHEDULE, PROJECT MS26-124
27/ Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124 1 ON-CALL RIGHT-OF-WAY FEE SCHEDULE
SUB CONSULTANT NAME: _Epic Land Solutions, Inc._______________________ Hourly Rates
EXHIBIT B
FEE SCHEDULE, PROJECT MS26-124
28/ Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124 2 ON-CALL RIGHT-OF-WAY FEE SCHEDULE
SUB CONSULTANT NAME
: __Epic Land Solutions, Inc.___________________________________________ Reimbursable and Other Direct Costs
Expense Category
Included in Hourly
Rate
(Yes/No)
Billing
Methodology Rate / Basis
Appraisal Reports/Appraisal Review Certificates No Fixed Fee, At Cost TBD per Task Order Assumptions
Category Description / Assumptions
Hourly Rates Staff billing rates provided do not include the Federal Acquisition Regulations (FAR) approved overhead rate for Epic Land Solutions, Inc. and are not suitable for state and federally funded projects. If the NTP is received after 120 days from this proposal, fees and billing rates may require revision
Reimbursable and Other Direct
Costs
Appraisals and Appraisal Reviews are typically billed as lump sum fixed fees that include labor, mileage, postage, and other relevant ODC’s rather than hourly. Hourly rates for appraisal staff are typically only utilized for expert witness or other valuation advisor
y services.
Cert
ification Statement
Consultant certifies that the rates provided above are fully burdened and include all direct labor, fringe benefits, overhead, administrative costs, and profit. No additional overhead, administrative fees, or indirect costs will be added beyond the rates provided herein and the approved subconsultant markup Authorized Representative: __ _________________________________ Date: ____06/03/2026_________ ____________ Title: _Kari Anvick -_Vice President of California Operations___________________________________
EXHIBIT B
FEE SCHEDULE, PROJECT MS26-124
29/ Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124
$
$
$
!
#$ $
EXHIBIT B
FEE SCHEDULE, PROJECT MS26-124
30/ Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124
EXHIBIT B
FEE SCHEDULE, PROJECT MS26-124
31/ Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124 1 ON-CALL RIGHT-OF-WAY FEE SCHEDULE
SUB CONSULTANT NAME: ___Desmond, Marcello & Amster, LLC____________________________________ Hourly Rates
EXHIBIT B
FEE SCHEDULE, PROJECT MS26-124
32/ Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124 2 ON-CALL RIGHT-OF-WAY FEE SCHEDULE
SUB CON
SULTANT NAME: _____Desmond, Marcello & Amster, LLC___________________________________ Reim
bursable and Other Direct Costs
Expense Category
Included in Hourly
Rate
(Yes/No)
Billing
Methodology Rate / Basis
N/A
Ass
umptions
Category Description / Assumptions
N/A
Certification Statement
Consultant certifies that the rates provided above are fully burdened and include all direct labor, fringe benefits, overhead , administrative costs, and profit. No additional overhead, administrative fees, or indirect costs will be added beyond the rates provided herein and the approved subconsultant markup Authorized Representative: _______________________________________ Date: __6/3/2026__________________ Title: _______Partner_____________________________________________
EXHIBIT B
FEE SCHEDULE, PROJECT MS26-124
33/ Consultant/Professional Services Provider Agreement/Paragon Partners Consultants, Inc/Project MS26-124 Item Number: 24
City Council / Board of Directors
Written Communications
Meeting of: August 18, 2026
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Approval of a Memorandum of Understanding with Southern California Association of Governments for the La Paz Drive and Seneca Road traffic circle and Budget Amendment Recommendation:
That the Honorable City Council;
(1) Approve the Memorandum of Understanding (MOU) No. M-022-26 between the City of Victorville and Southern California Association of Governments (SCAG) for implementation of the City of Victorville Sustainable Communities Program – Active Transportation & Safety (SCP-ATS) Quick-Build Project; (2) Accept the SCAG Competitive Grant Award for the Quick-Build project; (3) Adopt Resolution No. 26-073 to amend the Fiscal Year 2026/2027 Budget appropriating an additional $503,700 in revenue and expenditures from the SCAG SCP-ATS;
(4) Authorize the Mayor, City Attorney, City Risk Manager, and City Clerk to execute the MOU and any non-substantive amendments thereto, subject to approval by the City Attorney; and
(5) Authorize the City Engineer to execute the project and submit reimbursement claims for the work completed.
Fiscal Impact:
The recommended action to adopt the resolution will appropriate an additional $503,700 in revenue and authorize $503,700 in expenditures for the La Paz Drive and Seneca Road Traffic Circle Quick Build Project. Resolution 26-073 (Attachment A) amends the FY 2026/27 Budget to reflect additional revenues and expenditures associated with grant funding administered by SCAG through the Federal Highway Administration's Safe Streets and Roads for All (SS4A) Program through the City’s Local Grant (Fund 230) account. Per the MOU, SCAG will retain $130,000 of the $503,700 to procure and administer consultant services for project design and evaluation. Leftover funding for the services provided of the retained $130,000 along with $373,700 will be provided to the 4 8
4 0
City on a reimbursement basis for construction of the quick-build improvements. The available grant funding of $503,700 above the amount of $373,700 the City will be able to submit reimbursement claims for construction costs is unknown. No local matching funds are required. Table A below lists the account numbers, fund name, additional appropriation, additional expenses, and total budget amount for this project.
Table A
Account Number Fund Additional
Appropriation
Additional
Expenses
Total
Budget
2657500N-43100-21501 Local Grant $503,700.00
2657500N-55315-21501 Local Grant $503,700.00 $503,700.00 Strategic Plan Goal:
This project aligns with Goal B “Public Safety” and Goal E “Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026 by introducing traffic calming measures to help improve vehicular and pedestrian safety at the intersection of La Paz Drive and Seneca Road.
Background:
On January 25, 2025, the Southern California Association of Governments (SCAG) notified the City of its intent to award $503,700 under the 2024 Sustainable Communities Program – Active Transportation and Safety (SCP-ATS) Competitive Grant Program for the La Paz Drive/Seneca Road Traffic Circle Quick-Build Project (hereinafter referred to as the "Project"). Quick-build projects are interim capital improvements that require minimal construction activity and provide immediate safety benefits. These projects use low-to medium-cost, durable materials that can be modified based on community feedback and performance evaluations. Examples of quick-build improvements include bicycle lane striping, enhanced crosswalks, wayfinding signage, temporary curb extensions, and traffic calming treatments.
Collision reports indicate that the primary contributing factors to crashes at the La Paz Drive/Seneca Road intersection (Attachment B) were unsafe speeds, improper turning movements, and driving under the influence. Five of the eight reported collisions resulted in property damage. Due to its unique geometry and collision history, the intersection is well suited for a community quick-build pilot project. The proposed traffic circle is intended to reduce vehicle speeds, improve intersection safety, and allow the City to evaluate the effectiveness of the treatment through public feedback and operational data before considering permanent infrastructure improvements. The project will be led by the City's Engineering Department in collaboration with SCAG and local stakeholders throughout the design, implementation, and evaluation phases.
On April 15, 2025, the City Council adopted Resolution No. 25-023 declaring the City's intent to accept the SCAG competitive grant award for the Project, finding the project categorically exempt from the California Environmental Quality Act (CEQA), and authorizing submission of the required grant documentation to SCAG. At that time, staff 4 8
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advised the City Council that an MOU would be presented at a future meeting for formal acceptance of the grant funding and implementation of the Project.
After the Council action was approved and submitted, SCAG drafted and issued an RFP to procure the services of professional consultants to provide plans, specifications and engineering on multiple quick-build projects including the City of Victorville’s traffic circle project. SCAG has retained the firm Street Plans to provide professional services for this project. Street Plans is reportedly an award-winning transportation planning, urban design, and placemaking practice founded in 2009. Street Plans believes the key to building great towns and cities requires the creation of active, safe, and human-scale streets and public spaces by integrating design, engineering, and programming to help communities achieve their social, economic, and mobility goals. SCAG will release a task order to Street Plans to begin the work on the La Paz Dr / Seneca Rd traffic circle after the MOU is executed. Project details and the full scope of work will not be developed until after the MOU is executed and the task order issued to Street Plans.
Additionally, after the April 2025 Council action, SCAG prepared MOU No. M-022-26, which establishes the respective roles and responsibilities of SCAG and the City for implementation of the Project. Under the MOU, the total grant award is $503,700, consisting of $373,700 in pass-through funding to the City for construction of the quick- build improvements and $130,000 retained by SCAG to procure and administer consultant services for project design and post-construction evaluation. Remaining consultant services funding retained by SCAG may be used to cover construction costs.
The grant performance period extends through June 30, 2028.
Discussion:
Memorandum of Understanding No. M-022-26 (Attachment C) establishes the framework for implementation of the City's SCP-ATS Quick-Build Project and defines the respective roles and responsibilities of SCAG and the City throughout project delivery. Under the agreement, SCAG will procure and administer a consultant to complete the project design and post-construction evaluation, while the City will procure and administer the construction contract and construct the quick-build improvements. The City will receive reimbursement of up to $373,700 for eligible construction costs, while SCAG will retain $130,000 of the grant funding to provide consultant design and evaluation services.
The City will be responsible for complying with applicable federal and state grant requirements, including procurement, reporting, record retention, and maintenance of the completed improvements for a minimum of six months following construction to allow for project evaluation. The MOU remains in effect through June 30, 2028.
Approval of the MOU will allow the City to formally accept the grant funding, establish the project account, execute the required agreement with SCAG, and proceed with project implementation, including design coordination, procurement, and construction. 4 8
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The timeline for the completion of the design work to be performed by SCAG’s consultant is unknown. Approval of the MOU will enable SCAG to issue a task order to the consultant to evaluate the project and provide a timeline to complete the work.
The Quick-Build project will use materials that are easy to install, remove, and relocate if needed. Depending on the evaluation performed by the consultant and limitation of the funding to provide easily installed and removable materials, the work may involve minor impacts to the existing roadway conditions such as removal of pavement striping, placement of new pavement markings and installation of channelizing devices such as plastic curbs and/or channelizing devices mounted to the existing road surface. Quick- build projects do not include funding for the reconstruction of the road. The City may be responsible for fixing ADA accessibility issues that are found during the design phase of the project. Curb ramps that do not meet current ADA standards will require modification or replacement with the changes that will be made to the pavement markings that include the relocation of or addition of new crosswalks. No ground-breaking activities should otherwise occur.
Engineering plans on leaving the existing traffic signal poles in place. The signal will be turned off and the signal heads removed to eliminate confusion. The safety lights provided by the traffic signal will remain operational. If the traffic circle is successfully implemented and accepted by the public, the City can apply for additional grant funding to construct a permanent roundabout which will include the removal of the traffic signal poles. If the traffic circle is rejected by the public, the temporary devices can be removed, the striping restored, and the traffic signal turned back on.
The grant funding for this project is limited to obtaining the services of the consultant to design the project, provide the plans, and cover the allowable construction costs. The grant funding cannot be used for any other projects or maintenance of the traffic circle.
Community engagement and feedback is an essential component of the quick-build project. Throughout the process, the City is required to inform the public of the planned project through various forms of engagement. The City is further required to collect and document public responses received through surveys or other forms of input on how the improvement works, any improvements that could be made, and if it will or will not work for the community to make it permanent. After construction of the traffic circle is complete, the City is required to evaluate the community feedback for a minimum of six (6) months and report the findings to SCAG. Following the six-month period, the City has the option to continue the survey for an additional period of time, restore the intersection to pre- existing conditions, or leave and maintain the materials in place until funding can be secured to design and construct a project that will break ground for permanent roundabout infrastructure.
Staff recommends that the Honorable City Council approve the Memorandum of Understanding with SCAG, accept the SCAG Competitive Grand Award for the Quick- Build project, adopt Resolution No. 26-073 to amend the Fiscal Year 2026/2027 Budget appropriating and additional $503,700 in revenue and expenditures from SCAG, 4 8
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authorize the Mayor, City Attorney, City Risk Manager, and City Clerk to execute the agreement and any non-substantive amendments thereto, subject to approval by the City Attorney; and authorize the City Engineer to execute the project and submit reimbursement claims for work completed for the La Paz Drive and Seneca Road Traffic Circle Quick Build Project.
Staff is available for any questions Council may have.
Prepared By:
Sarah Mayne, Management Technician
Harry Mayo, Senior Civil Engineer
Attachments: A. Resolution No. 26-073
B. Vicinity Map
C. Memorandum of Understanding
Attachment A
Resolution No. 26-073
RESOLUTION NO. 26-073
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2026/2027; APPROVING
ADDITIONAL EXPENDITURE APPROPRIATIONS AND ADDITIONAL REVENUE
FOR THE LA PAZ DRIVE/SENECA ROAD TRAFFIC CIRCLE QUICK BUILD
PROJECT
WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expen ditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2026/2027; and
WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 30, 20 26, and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and
WHEREAS, after preparation of the budget, a need to amend the budget is being recommended to the Council for approval; and
WHEREAS, the City Manager or his designee will provide all necessary justification for the budget amendment as an attachment to this resolution or in the associated City Council agenda report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the annual budget for the fiscal year 2026/2027 for the City of Victorville be hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item.
Account Description Amount Adjusted
2657500N-43100-21501 Local Grant - Revenue $503,700
2657500N-55315-21501 Local Grant - Expense $503,700
SECTION 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments, offices and subsidiary districts of the City.
ATTACHMENT B
Vicinity Map
LA PAZ DRIVE/SENECA ROAD TRAFFIC CIRCLE
VICINITY MAP
ADELANTO
PALMDALE RD.
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'--+----=E-UCAL YPllJS ST®
PROJECT LOCATION
HESP£R/A
VICINITY MAP
NOT TO SCALE
ATTACHMENT C
Memorandum of
Understanding
In Process
MEMORANDUM OF UNDERSTANDING
No. M-022-26
SCAG Overall Work Program (OWP) No: 225-4955.01
Federal/State Awarding Agency: United States Department of Transportation Funding Source(s): 2023 SS4A
Sub-Recipient Name: City of Victorville
Sub-Recipient’s UEI No: SB1RGMJ5U1M7
Federal Award Identification Number (FAIN): 693JJ32640422 Federal Award Date: December 13, 2023
Name of the Federal Agency: Federal Highway Administration (FHWA) Assistance Listings Title and Number: Safe Streets and Roads for All (SS4A), 20.939 Federal Award Project Description: Representing a collaboration of the jurisdictions across the six - county region, SCAG’s Regiona l Safety Action Plan will identify safety improvements for the region’s transportation network leading up to the 2028 Olympic and Paralympic Games. SCAG will inform the development of this plan with quick-build demonstrations that provide roadway improvements during the 2028 Games and supplemental planning that reache s local jurisdictions. Together, these three initiatives will support long-term investments that improve transportation safety for the region’s 19 million residents, serving as a foundation for legacy improvements following the 2028 Games.
Federal Funds Supporting the Project: $503,700
Non-Federal Funds Supporting the Project: $0
Total Funds Supporting the Project: $503,700
Amount of Sub Award (funds passed through to Sub Recipient): $373,700 ($373,700 - 2023 SS4A) Amount of SCAG Administered Technical Assistance (not passed through): $130,000 ($130,000 - 2023 SS4A)
Subaward Period of Performance Start Date: Effective date of the MOU Subaward Period of Performance End Date: June 30, 2028
Type of Contract: Project Specific
Method of Payment: See Section 6 of this MOU
Project R&D: N/A
Indirect Cost Rate for the Award: NA
Fringe Benefits Cost Rate for the Award: NA
Subaward Project Title: City of Victorville SCP-ATS Project
Subaward Project Description: City of Victorville will utilize 2023 SS4A funding for a SCP-ATS quick- build project that will support program objectives of 2023 SS4A.
Docusign Envelope ID: F0D64BA5-5874-8197-8250-9C8BA4EE6BDB In Process
MOU No. : M-022-26
SCAG Project/OWP No. : 225-4955.01