Agenda, closed session — Adelanto City Council, October 11, 2023 (part 3 of 4)

A number of mitigation measures have been recommended as a means to reduce or eliminate potential adverse environmental impacts to insignificant levels. AB-3180 requires that a monitoring and reporting program be adopted for the recommended mitigation measures. 474
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MITIGATION MEASURES
In addition, pursuant to Section 21081(a) of the Public Resources Code, findings must be adopted by the decision-maker coincidental to the approval of a Negative Declaration. These findings shall be incorporated as part of the decision-maker’s findings of fact, in response to AB-3180 and in compliance with the requirements of the Public Resources Code. In accordance with the requirements of Section 21081(a) and 21081.6 of the Public Resources Code, the City of Adelanto can make the following additional findings:

The following mitigation measures have been incorporated herein to further reduce the potential air quality impacts to levels that are less than significant.

Air Quality Mitigation Measure No. 1. The Applicant shall prepare and submit to the MDAQMD, prior to commencing earth-moving activity, a dust control plan that describes all applicable dust control measures that will be implemented at the project; Air Quality Mitigation Measure No. 2. The Applicant shall ensure that signage, compliant with Rule 403 Attachment, is erected at each project site entrance not later than the commencement of construction.

Air Quality Mitigation Measure No. 3. The Applicant shall ensure the use of a water truck to maintain moist disturbed surfaces and actively spread water during visible dusting episodes to minimize visible fugitive dust emissions. For projects with exposed sand or fines deposits (and for projects that expose such soils through earthmoving), chemical stabilization or covering with a stabilizing layer of gravel will be required to eliminate visible dust/sand from sand/fines deposits.

Air Quality Mitigation Measure No. 4. All perimeter fencing shall be wind fencing or the equivalent, to a minimum of four feet of height or the top of all perimeter fencing. The owner/operator shall maintain the wind fencing as needed to keep it intact and remove windblown dropout. This wind fencing requirement may be superseded by local ordinance, rule or project-specific biological mitigation prohibiting wind fencing.

Air Quality Mitigation Measure No. 5. All maintenance and access vehicular roads and parking areas shall be stabilized with chemical, gravel or asphaltic pavement sufficient to eliminate visible fugitive dust from vehicular travel and wind erosion. Take actions to prevent project-related track out onto paved surfaces and clean any project-related track out within 24 hours. All other earthen surfaces within the project area shall be stabilized by natural or irrigated vegetation, compaction, chemical or other means.

The analysis of biological impacts determined that the following mitigation measures would be required to reduce the project’s impacts to levels that would be less than significant.

Biological Resources Mitigation Measure No. 1. Regardless of the time of year, a pre-construction survey shall be performed to verify absence of nesting birds. A qualified biologist shall conduct the preactivity survey within the Project areas (including access routes) and a 500-foot buffer surrounding the Project areas, no more than three (3) days prior to the initiation of project activities, including, but not limited to clearing, grubbing, and/or rough grading to prevent impacts to birds and their nests. Preconstruction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior. The qualified biologist shall make every effort to avoid potential nest predation as a result of survey and monitoring efforts. If nesting bird activity is present, a no disturbance buffer zone shall be established by the qualified biologist to be marked on the ground around each nest. The buffer shall be a minimum of 500 feet for raptors and 300 feet for songbirds, unless a smaller buffer is 475
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specifically determined by a qualified biologist familiar with the nesting phenology of the nesting species. The buffer areas shall be avoided until the nests are no longer occupied and the juvenile birds can survive independently from the nests. Active nest(s) and an established buffer distance(s) shall be monitored daily by the qualified biologist until the qualified biologist has determined the young have fledged or the Project has been completed. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance. If there is no nesting activity, then no further action is needed for this measure.

Biological Resources Mitigation Measure No. 2. Prior to grading or any other ground-disturbing activity, a pre-construction burrowing owl clearance survey must be conducted in accordance with the Staff Report on Burrowing Owl Mitigation, State of California Natural Resource Agency, Department of Fish and Game, May 7, 2012, by a qualified biologist within 30 days prior to the beginning of project activities. A secondary survey must be conducted by a qualified biologist within 24 hours prior to the beginning of project construction to determine if the project site contains burrowing owl or sign thereof to avoid any potential impacts to the species. The surveys shall include 100 percent coverage of the project site. If both surveys reveal no burrowing owls are present or sign thereof, no additional actions related to this measure are required and a letter shall be prepared by the qualified biologist documenting the results of the survey. The letter shall be submitted to CDFW prior to construction. If occupied active burrows or sign thereof are found within the development footprint during the preconstruction clearance survey, Biological Resources Mitigation Measure 3 shall also apply.

Biological Resources Mitigation Measure No. 3. If active burrows or signs thereof are found within the development footprint during the pre-construction clearance surveys, site-specific non-disturbance buffer zones shall be established by the qualified biologist shall be no less than 300 feet If determined appropriate, a smaller buffer may be established by the qualified biologist following monitoring and assessments of the project’s effects on the burrowing owls. If it is not possible to avoid active burrows, passive relocation shall be implemented if a qualified biologist has determined there are no nesting owls and/or juvenile owls are no longer dependent on the burrows. A qualified biologist, in coordination with the applicant and the City, shall prepare and submit a passive relocation program in accordance with Appendix E (i.e., Example Components for Burrowing Owl Artificial Burrow and Exclusion Plans) of the CDFW’s Staff Report on Burrowing Owl Mitigation (CDFG 2012) for CDFW review/approval prior to the commencement of disturbance activities onsite and proposed mitigation for permanent loss of occupied burrow(s) and habitat consistent with the 2012 Staff Report on Burrowing Owl Mitigation.

When a qualified biologist determines that burrowing owls are no longer occupying the Project Site and passive relocation is complete, construction activities may begin. A final letter report shall be prepared by the qualified biologist documenting the results of the passive relocation. The letter shall be submitted to CDFW.

DFW has concerns that the Project is within the range of the CESA threatened Mohave ground squirrel (MGS), and the ISMND confirms the presence of burrows suitable for the species. However, the ISMND does not anticipate the presence of Mohave ground squirrel due to urbanization. Because CDFW is aware of an occurrence of Mohave ground squirrel burrow in the vicinity of the Project, CDFW is concerned that surveys were not performed to confirm presence. Therefore, CDFW recognizes the potential for Mohave ground squirrel at the start of construction and recommends pre-construction Mohave ground squirrel surveys and observations and requests the City adopt the following mitigation measures:

Biological Resources Mitigation Measure No. 4. Pre-construction surveys following the Mohave Ground Squirrel Survey Guidelines (CDFG 2010) or most recent version shall be performed by a qualified biologist authorized by a Memorandum of Understanding issued by CDFW. The preconstruction surveys shall cover the Project Area and a 50-foot buffer zone. Should Mohave ground 476
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squirrel presence be confirmed during the survey, the Project Proponent should obtain an ITP for Mohave ground squirrel prior to the start of Project activities. CDFW shall be notified if Mohave ground squirrel presence is confirmed during the pre-construction survey. If a Mohave ground squirrel is observed during Project activities, and the Project Proponent does not have an ITP, all work shall immediately stop, and the observation shall be immediately reported to CDFW.

Desert Tortoise is a state-threatened, proposed endangered species, as such CDFW is concerned that the ISMND lacks a mitigation measure for pre-construction desert tortoise surveys, because the Project site is within the desert tortoise range and contains suitable habitat for desert tortoise: creosote bush scrub. To address potential direct/indirect impacts to desert tortoise, CDFW recommends the inclusion of the following mitigation measure prior to the City adopting the ISMND:

Biological Resources Mitigation Measure No. 5. Prior to construction, a CDFW-approved biologist shall conduct a protocol level presence or absence survey within the Project area and 50-foot buffer no more than 48 hours prior to Project activities and after any pause in Project activities lasting 30 days or more during desert tortoise active season (April to May or September to October), in accordance with the U.S. Fish and Wildlife Service 2019 desert tortoise survey methodology. The survey shall utilize perpendicular survey routes and 100-percent visual coverage for desert tortoise and their sign. Results of the survey shall be submitted to CDFW. If the survey confirms absence, the CDFW approved biologist shall ensure desert tortoise do not enter the Project area. If the survey confirms presence, the Project proponent shall submit to CDFW for review and approval a desert tortoise-specific avoidance plan detailing the protective avoidance measures to be implemented to ensure complete avoidance of take (California Fish and Game Code Section 86 defines “take” as “hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill”) to desert tortoise. If complete avoidance cannot be achieved, CDFW recommends Project proponent not undertake Project activities and Project activities be postponed until appropriate authorization (i.e., CESA ITP under Fish and Game Code section 2081) is obtained.

Biological Resources Mitigation Measure No. 6. Prior to project implementation, and during the appropriate season, the City shall conduct botanical field survey following protocols set forth in the Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities (CDFW 2018). The surveys shall be conducted by a CDFW-approved botanist(s) experienced in conducting floristic botanical field surveys, knowledgeable of plant taxonomy and plant community ecology and classification, familiar with the plants of the area, including special status and locally significant plants, and familiar with the appropriate state and federal statutes related to plants and plant collecting. The botanical field surveys shall be conducted at the appropriate time of year when plants will both be evident and identifiable (usually, during flowering or fruiting) and, in a manner, which maximizes the likelihood of locating special status plants and sensitive natural communities that may be present. Botanical field surveys shall be conducted floristic in nature, meaning that every plant taxon that occurs in the project area is identified to the taxonomic level necessary to determine rarity and listing status. If any rare plants or sensitive vegetation communities are identified, the City shall either avoid the occurrence, with an appropriate buffer, or mitigate the loss of the occurrence through the purchase of mitigation credits from a CDFW-approved bank or land acquisition and conservation at a minimum 3:1 (replacement-to-impact) ratio. Note that a higher ratio may be warranted if the proposed mitigation lands are located far away from the Project site (i.e., within a separate watershed) or is not occupied by or available to special status species. If the Project has the potential to impact a State-listed species, the City should apply for a California Endangered Species Act Incidental Take Permit with the California Department of Fish and Wildlife. 477
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Biological Resources Mitigation Measure No. 7. Prior to construction and issuance of any grading permit, the Project applicant should obtain written correspondence from the California Department of Fish and Wildlife (CDFW) stating that notification under section 1602 of the Fish and Game Code is not required for the Project, or the Project applicant should obtain a CDFW-executed Lake and Streambed Alteration Agreement, authorizing impacts to Fish and Game Code section 1602 resources associated with the Project.

Biological Resources Mitigation Measure No. 8. Prior to construction and issuance of any grading permit, the City of Adelanto shall develop a plan with measures to avoid, minimize, or mitigate the impacts of pesticides used in cannabis cultivation, including fungicides, herbicides, insecticides, and rodenticides. The plan should include, but is not limited to, the following elements: (1) Proper use, storage, and disposal of pesticides, in accordance with manufacturers’ directions and warnings. (2) Avoidance of pesticide use where toxic runoff may pass into waters of the State, including ephemeral streams. (3) Avoidance of pesticides that cannot legally be used on cannabis in the state of California, as set forth by the Department of Pesticide Regulation. (4) Avoidance of anticoagulant rodenticides and rodenticides with “flavorizers.” (5) Avoidance of sticky/glue traps. (6) Inclusion of alternatives to toxic rodenticides, such as sanitation (removing food sources like pet food, cleaning up refuse, and securing garbage in sealed containers) and physical barriers.

Biological Resources Mitigation Measure No. 9. Project construction shall not occur during the hours of dawn and dusk when many wildlife species are most active. To suppress Project noise, the Project shall implement the use of mufflers and all generators shall be enclosed.

Biological Resources Mitigation Measure No. 10. The following mitigation measures are applicable to the Joshua Trees that are present on the project site.

1. The Joshua trees will be retained in place or replanted somewhere on the site where they can remain in perpetuity or will be transplanted to an off-site area approved by the city where they can remain in perpetuity. Joshua trees which are deemed not suitable for transplanting will be cut-up and discarded as per City requirements.

2. Earthen berms will be created around each tree by the biologist prior to excavation and the trees will be watered approximately one week before transplanting. Watering the trees prior to excavation will help make excavation easier, ensure the root ball will hold together, and minimize stress to the tree.

3. Each tree will be moved to a pre-selected location which has already been excavated and will be placed and oriented in the same direction as their original direction. The hole will be backfilled with native soil, and the transplanted tree will be immediately watered. As noted in Section 3.0, a numbered metal tag was placed on the north side of the trees and the trees were also flagged with surveyor’s flagging. The biologist will develop a watering regimen to ensure the survival of the transplanted trees. The watering regimen will be based upon the needs of the trees and the local precipitation.1
Biological Resources Mitigation Measure No. 11. A comprehensive jurisdictional delineation may be required at a future date due to a possible downstream connection or nexus with a more significant body of water in order to determine if the channel meets the criteria as Waters of the State (WoS) and/or Waters of the U.S. (WoUS).
1 RCA Associates, Inc. Protected Plant Preservation Plan. Report dated May 24, 2022. 478
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The following mitigation measures will be required to address potential cultural resources impacts:

Cultural Resources Mitigation Measure No. 1. Prior to the issuance of a grading permit, the Applicant shall provide evidence to the City of Adelanto that a qualified archaeologist/paleontologist has been retained by the Project Applicant to conduct monitoring of excavation activities and has the authority to halt and redirect earthmoving activities in the event that suspected paleontological resources are unearthed.

Cultural Resources Mitigation Measure No. 2. The archaeologist/paleontologist monitor shall conduct full-time monitoring during grading and excavation operations in undisturbed, very old alluvial fan sediments at or below four (4) feet below ground surface and shall be equipped to salvage fossils if they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The archaeologist/paleontologist monitor shall be empowered to temporarily halt or divert equipment to allow the removal of abundant and large specimens in a timely manner. Monitoring may be reduced if the potentially fossiliferous units are not present in the subsurface, or if present, are determined upon exposure and examination by qualified archaeologist/paleontologist personnel to have a low potential to contain or yield fossil resources.

Cultural Resources Mitigation Measure No. 3. Recovered specimens shall be properly prepared to a point of identification and permanent preservation, including screen washing sediments to recover small invertebrates and vertebrates, if necessary. Identification and curation of specimens into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storage, such as the San Bernardino County Museum in San Bernardino, California, is required for significant discoveries. The archaeologist/paleontologist must have a written repository agreement in hand prior to initiation of mitigation activities.

Cultural Resources Mitigation Measure No. 4. A final monitoring and mitigation report of findings and significance shall be prepared, including lists of all fossils recovered, if any, and necessary maps and graphics to accurately record the original location of the specimens. The report shall be submitted to the City of Adelanto prior to building finalization.

The following mitigation measures will be required to address potential paleontological resources impacts:

Paleontological Mitigation Measure No. 1. Prior to the issuance of a grading permit, the Applicant shall provide evidence to the City of Adelanto that a qualified archaeologist/paleontologist has been retained by the Project Applicant to conduct monitoring of excavation activities and has the authority to halt and redirect earthmoving activities in the event that suspected paleontological resources are unearthed.

Paleontological Mitigation Measure No. 2. The archaeologist/paleontologist monitor shall conduct full-time monitoring during grading and excavation operations in undisturbed, very old alluvial fan sediments at or below four (4) feet below ground surface and shall be equipped to salvage fossils if they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The archaeologist/paleontologist monitor shall be empowered to temporarily halt or divert equipment to allow the removal of abundant and large specimens in a timely manner. Monitoring may be reduced if the potentially fossiliferous units are not present in the subsurface, or if present, are determined upon exposure and examination by qualified archaeologist/paleontologist personnel to have a low potential to contain or yield fossil resources.
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Paleontological Mitigation Measure No. 3. Recovered specimens shall be properly prepared to a point of identification and permanent preservation, including screen washing sediments to recover small invertebrates and vertebrates, if necessary. Identification and curation of specimens into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storage, such as the San Bernardino County Museum in San Bernardino, California, is required for significant discoveries. The archaeologist/paleontologist must have a written repository agreement in hand prior to initiation of mitigation activities.

Paleontological Mitigation Measure No. 4.A final monitoring and mitigation report of findings and significance shall be prepared, including lists of all fossils recovered, if any, and necessary maps and graphics to accurately record the original location of the specimens. The report shall be submitted to the San Bernardino County Museum prior to building finalization.

The following mitigation will be required in order to further reduce construction noise:

Noise Mitigation Measure No. 1. The Applicant must ensure that the contractors use construction equipment that includes working mufflers and other sound suppression equipment as a means to reduce machinery noise.

To ensure the project’s potential operational noise impacts are mitigated, the following mitigation measures must be implemented:

Noise Mitigation Measure No. 2. Loitering in the parking areas with attendant loud noise (radios, car noise, etc.) will not be permitted.

The analysis of potential impacts related to traffic and circulation indicated that the following mitigation measures would be required:

Mitigation Measure No. 1 (Transportation). The project will be required to install a traffic signal with northbound-southbound protected left turn phases, at the intersection of Highway 395 and Auburn Avenue concurrent with the construction of the project.

Mitigation Measure No. 2 (Transportation). The project will be required to construct site and frontage improvements. a. Within the existing Highway 395 right of way along the project’s frontage, configure the northbound approach as shown on the conceptual geometric plan in Figure ES- 1 included in the Traffic Study. The configuration should accommodate a left turn lane, two through lanes, and an exclusive right turn lane on the northbound approach of Highway 395 and Auburn Avenue. In the conceptual geometric plan, a Class II bike lane is provided between the right turn lane and the through lane. b. Within the existing Auburn Avenue right of way along the project’s frontage, configure the westbound approach as shown on the conceptual geometric plan in Figure ES- 2. The configuration should accommodate a left turn lane and a shared through-right turn lane on the westbound approach of Highway 395 and Auburn Avenue. c. Construct Auburn Avenue east of Highway 395 to include curb, gutter, two-way left turn lane, and sidewalk and driveways as shown on the conceptual geometric plan.

Mitigation Measure No. 3 (Transportation). Improvements at the intersection of Highway 395 and Auburn Avenue include configuring the southbound approach as shown on the conceptual geometric plan in Figure ES- 1 included in the Traffic Study. The configuration should accommodate a left turn lane, a through lane, and a shared through-right turn lane.

The following mitigation measures are required as a means to reduce potential tribal cultural resources impacts to levels that are less than significant:

Tribal Cultural Resources Mitigation Measure No. 1. Prior to the issuance of a grading permit, the Applicant shall provide evidence to the City of Adelanto that a qualified archaeologist/paleontologist 480
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has been retained by the Project Applicant to conduct monitoring of excavation activities and has the authority to halt and redirect earthmoving activities in the event that suspected paleontological resources are unearthed.

Tribal Cultural Resources Mitigation Measure No. 2. The archaeologist/paleontologist monitor shall conduct full-time monitoring during grading and excavation operations in undisturbed, very old alluvial fan sediments at or below four (4) feet below ground surface and shall be equipped to salvage fossils if they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The archaeologist/paleontologist monitor shall be empowered to temporarily halt or divert equipment to allow the removal of abundant and large specimens in a timely manner. Monitoring may be reduced if the potentially fossiliferous units are not present in the subsurface, or if present, are determined upon exposure and examination by qualified archaeologist/paleontologist personnel to have a low potential to contain or yield fossil resources.

Tribal Cultural Resources Mitigation Measure No. 3. Recovered specimens shall be properly prepared to a point of identification and permanent preservation, including screen washing sediments to recover small invertebrates and vertebrates, if necessary. Identification and curation of specimens into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storage, such as the San Bernardino County Museum in San Bernardino, California, is required for significant discoveries. The archaeologist/paleontologist must have a written repository agreement in hand prior to initiation of mitigation activities.

Tribal Cultural Resources Mitigation Measure No. 4. A final monitoring and mitigation report of findings and significance shall be prepared, including lists of all fossils recovered, if any, and necessary maps and graphics to accurately record the original location of the specimens. The report shall be submitted to the City of Adelanto prior to building finalization. 481
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MITIGATION MONITORING MATRIX
The monitoring and reporting for the mitigation measures, including the period for implementation, monitoring agency, and the monitoring action, are identified in Table 1.

Table 1
Mitigation Monitoring Program

MEASURE

ENFORCEMENT
AGENCY

MONITORING
PHASE

VERIFICATION

AIR QUALITY
Air Quality Mitigation Measure No. 1. The Applicant shall prepare and submit to the MDAQMD, prior to commencing earth-moving activity, a dust control plan that describes all applicable dust control measures that will be implemented at the project.

City of Adelanto Community
Development Department
(The Applicant is responsible
for implementation)
Prior to the start of any
construction related
activities.

Mitigation ends at the
completion of the
construction phase.

Date:

Name & Title:

Air Quality Mitigation Measure No. 2. The Applicant shall ensure that signage, compliant with Rule 403 Attachment, is erected at each project site entrance not later than the commencement of construction.

City of Adelanto Community
Development Department
(The Applicant is responsible
for implementation)
Prior to the start of any
construction related
activities.

Mitigation ends at the
completion of the
construction phase.

Date:

Name & Title:

City of Adelanto Community
Development Department
(The Applicant is responsible
for implementation)
During the project’s
construction phase.

Mitigation ends when
construction is completed.

Date:

Name & Title:

City of Adelanto Community
Development Department
(The Applicant is responsible
for implementation)
During the project’s
construction phase.

Mitigation ends when
construction is completed.

Date:

Name & Title:
482
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Table 1
Mitigation Monitoring Program

MEASURE

ENFORCEMENT
AGENCY

MONITORING
PHASE

VERIFICATION
Air Quality Mitigation Measure No. 5. All maintenance and access vehicular roads and parking areas shall be stabilized with chemical, gravel or asphaltic pavement sufficient to eliminate visible fugitive dust from vehicular travel and wind erosion. Take actions to prevent project-related track out onto paved surfaces and clean any project-related track out within 24 hours. All other earthen surfaces within the project area shall be stabilized by natural or irrigated vegetation, compaction, chemical or other means.

City of Adelanto Community
Development Department
(The Applicant is responsible
for implementation)
During the project’s
construction phase.

Mitigation ends when
construction is completed.

Date:

Name & Title:

BIOLOGICAL RESOURCES
Biological Resources Mitigation Measure No. 1. Regardless of the time of year, a pre-construction survey shall be performed to verify absence of nesting birds.

A qualified biologist shall conduct the pre-activity survey within the Project areas (including access routes) and a 500-foot buffer surrounding the Project areas, no more than three (3) days prior to the initiation of project activities, including, but not limited to clearing, grubbing, and/or rough grading to prevent impacts to birds and their nests. Pre-construction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior. The qualified biologist shall make every effort to avoid potential nest predation as a result of survey and monitoring efforts. If nesting bird activity is present, a no disturbance buffer zone shall be established by the qualified biologist to be marked on the ground around each nest. The buffer shall be a minimum of 500 feet for raptors and 300 feet for songbirds, unless a smaller buffer is specifically determined by a qualified biologist familiar with the nesting phenology of the nesting species. The buffer areas shall be avoided until the nests are no longer occupied and the juvenile birds can survive independently from the nests. Active nest(s) and an established buffer distance(s) shall be monitored daily by the qualified biologist until the qualified biologist has determined the young have fledged or the Project has been completed. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance. If there is no nesting activity, then no further action is needed for this measure.

City of Adelanto Community
Development Department
(The Applicant is responsible
for implementation)
Prior to the start of any
construction related
activities.

Date:

Name & Title:
483
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Table 1
Mitigation Monitoring Program

MEASURE

ENFORCEMENT
AGENCY

MONITORING
PHASE

VERIFICATION
Biological Resources Mitigation Measure No. 2. Prior to grading or any other ground-disturbing activity, a pre-construction burrowing owl clearance survey must be conducted in accordance with the Staff Report on Burrowing Owl Mitigation, State of California Natural Resource Agency, Department of Fish and Game, May 7, 2012, by a qualified biologist within 30 days prior to the beginning of project activities. A secondary survey must be conducted by a qualified biologist within 24 hours prior to the beginning of project construction to determine if the project site contains burrowing owl or sign thereof to avoid any potential impacts to the species. The surveys shall include 100 percent coverage of the project site. If both surveys reveal no burrowing owls are present or sign thereof, no additional actions related to this measure are required and a letter shall be prepared by the qualified biologist documenting the results of the survey. The letter shall be submitted to CDFW prior to construction. If occupied active burrows or sign thereof are found within the development footprint during the pre-construction clearance survey, Biological Resources Mitigation Measure 3 shall also apply.

City of Adelanto Community
Development Department
(The Applicant is responsible
for implementation)
Prior to the start of any
construction related
activities.

Date:

Name & Title:

When a qualified biologist determines that burrowing owls are no longer occupying the Project Site and passive relocation is complete, construction activities may begin. A final letter report shall be prepared by the qualified City of Adelanto Community
Development Department
(The Applicant is responsible
for implementation)
Prior to the start of any
construction related
activities.

Date:

Name & Title:
484
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Table 1
Mitigation Monitoring Program

MEASURE

ENFORCEMENT
AGENCY

MONITORING
PHASE

VERIFICATION
biologist documenting the results of the passive relocation. The letter shall be submitted to CDFW.

Should Mohave ground squirrel presence be confirmed during the survey, the Project Proponent should obtain an ITP for Mohave ground squirrel prior to the start of Project activities. CDFW shall be notified if Mohave ground squirrel presence is confirmed during the pre-construction survey.

If a Mohave ground squirrel is observed during Project activities, and the Project Proponent does not have an ITP, all work shall immediately stop, and the observation shall be immediately reported to CDFW.

City of Adelanto Community
Development Department
(The Applicant is responsible
for implementation)
Prior to the start of any
construction related
activities.

Mitigation ends at the
completion of the
construction phase.

Date:

Name & Title:

Date:

Name & Title:
485
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Table 1
Mitigation Monitoring Program

MEASURE

ENFORCEMENT
AGENCY

MONITORING
PHASE

VERIFICATION
desert tortoise do not enter the Project area. If the survey confirms presence, the Project proponent shall submit to CDFW for review and approval a desert tortoise-specific avoidance plan detailing the protective avoidance measures to be implemented to ensure complete avoidance of take (California Fish and Game Code Section 86 defines “take” as “hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill”) to desert tortoise. If complete avoidance cannot be achieved, CDFW recommends Project proponent not undertake Project activities and Project activities be postponed until appropriate authorization (i.e., CESA ITP under Fish and Game Code section 2081) is obtained.

City of Adelanto Community
Development Department
(The Applicant is responsible
for implementation)
Prior to the start of any
construction related
activities.

Date:

Name & Title:

Biological Resources Mitigation Measure No. 7. Prior to construction and issuance of any grading permit, the Project applicant should obtain written correspondence from the California Department of Fish and Wildlife (CDFW) City of Adelanto Community
Development Department
Prior to the start of any
construction related
activities.

Date:

Name & Title:
486
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Table 1
Mitigation Monitoring Program

MEASURE

ENFORCEMENT
AGENCY

MONITORING
PHASE

VERIFICATION
stating that notification under section 1602 of the Fish and Game Code is not required for the Project, or the Project applicant should obtain a CDFWexecuted Lake and Streambed Alteration Agreement, authorizing impacts to Fish and Game Code section 1602 resources associated with the Project. (The Applicant is responsible
for implementation)
Biological Resources Mitigation Measure No. 8. Prior to construction and issuance of any grading permit, the City of Adelanto shall develop a plan with measures to avoid, minimize, or mitigate the impacts of pesticides used in cannabis cultivation, including fungicides, herbicides, insecticides, and rodenticides. The plan should include, but is not limited to, the following elements: (1) Proper use, storage, and disposal of pesticides, in accordance with manufacturers’ directions and warnings. (2) Avoidance of pesticide use where toxic runoff may pass into waters of the State, including ephemeral streams. (3) Avoidance of pesticides that cannot legally be used on cannabis in the state of California, as set forth by the Department of Pesticide Regulation. (4) Avoidance of anticoagulant rodenticides and rodenticides with “flavorizers.” (5) Avoidance of sticky/glue traps. (6) Inclusion of alternatives to toxic rodenticides, such as sanitation (removing food sources like pet food, cleaning up refuse, and securing garbage in sealed containers) and physical barriers.

City of Adelanto Community
Development Department
(The Applicant is responsible
for implementation)
Prior to the start of any
construction related
activities.

Mitigation ends at the
completion of the
construction phase.

Date:

Name & Title:

City of Adelanto Community
Development Department
(The Applicant is responsible
for implementation)
During the project’s
construction phase.

Mitigation ends when
construction is completed.

Date:

Name & Title:

Biological Resources Mitigation Measure No. 10. The following mitigation measures are applicable to the Joshua Trees that are present on the project site.

1. The Joshua trees will be retained in place or replanted somewhere on the site where they can remain in perpetuity or will be transplanted to an offsite area approved by the city where they can remain in perpetuity. Joshua trees which are deemed not suitable for transplanting will be cut-up and discarded as per City requirements.

2. Earthen berms will be created around each tree by the biologist prior to excavation and the trees will be watered approximately one week before transplanting. Watering the trees prior to excavation will help make City of Adelanto Community
Development Department
(The Applicant is responsible
for implementation)
Prior to the start of any
construction related
activities.

Mitigation ends at the
completion of the
construction phase.

Date:

Name & Title:
487
CITY OF ADELANTO ● MITIGATION MONITORING & REPORTING PROGRAM US-395 & AUBURN AVE. ● CUP 22-19, LDP 22-15, & TPM 20607 MM&RP ● SEPTEMBER 19, 2023 PAGE 17
Table 1
Mitigation Monitoring Program

MEASURE

ENFORCEMENT
AGENCY

MONITORING
PHASE

VERIFICATION
excavation easier, ensure the root ball will hold together, and minimize stress to the tree.

3. Each tree will be moved to a pre-selected location which has already been excavated and will be placed and oriented in the same direction as their original direction. The hole will be backfilled with native soil, and the transplanted tree will be immediately watered. As noted in Section 3.0, a numbered metal tag was placed on the north side of the trees and the trees were also flagged with surveyor’s flagging. The biologist will develop a watering regimen to ensure the survival of the transplanted trees. The watering regimen will be based upon the needs of the trees and the local precipitation.2
Biological Resources Mitigation Measure No. 11. A comprehensive jurisdictional delineation may be required at a future date due to a possible downstream connection or nexus with a more significant body of water in order to determine if the channel meets the criteria as Waters of the State (WoS) and/or Waters of the U.S. (WoUS).

City of Adelanto Community
Development Department
(The Applicant is responsible
for implementation)
Prior to the start of any
construction related
activities.

Mitigation ends at the
completion of the
construction phase.

Date:

Name & Title:

CULTURAL RESOURCES
Cultural Resources Mitigation Measure No. 1. Prior to the issuance of a grading permit, the Applicant shall provide evidence to the City of Adelanto that a qualified archaeologist/paleontologist has been retained by the Project Applicant to conduct monitoring of excavation activities and has the authority to halt and redirect earthmoving activities in the event that suspected paleontological resources are unearthed.

City of Adelanto Community
Development Department
(The Applicant is responsible
for implementation)
Prior to the start of any
construction related
activities.

Mitigation ends at the
completion of the
construction phase.

Date:

Name & Title:

Date:

Name & Title:
2 RCA Associates, Inc. Protected Plant Preservation Plan. Report dated May 24, 2022. 488
CITY OF ADELANTO ● MITIGATION MONITORING & REPORTING PROGRAM US-395 & AUBURN AVE. ● CUP 22-19, LDP 22-15, & TPM 20607 MM&RP ● SEPTEMBER 19, 2023 PAGE 18
Table 1
Mitigation Monitoring Program

MEASURE

ENFORCEMENT
AGENCY

MONITORING
PHASE

VERIFICATION
fossil invertebrates and vertebrates. The archaeologist/paleontologist monitor shall be empowered to temporarily halt or divert equipment to allow the removal of abundant and large specimens in a timely manner. Monitoring may be reduced if the potentially fossiliferous units are not present in the subsurface, or if present, are determined upon exposure and examination by qualified archaeologist/paleontologist personnel to have a low potential to contain or yield fossil resources.

City of Adelanto Community
Development Department
(The Applicant is responsible
for implementation)
Prior to the start of any
construction related
activities.

Mitigation ends at the
completion of the
construction phase.

Date:

Name & Title:

City of Adelanto Community
Development Department
(The Applicant is responsible
for implementation)
Prior to the start of any
construction related
activities.

Mitigation ends at the
completion of the
construction phase.

Date:

Name & Title:

PALEONTOLOGICAL
Paleontological Mitigation Measure No. 1. Prior to the issuance of a grading permit, the Applicant shall provide evidence to the City of Adelanto that a qualified archaeologist/paleontologist has been retained by the Project Applicant to conduct monitoring of excavation activities and has the authority to halt and redirect earthmoving activities in the event that suspected paleontological resources are unearthed.

City of Adelanto Community
Development Department
(The Applicant is responsible
for implementation)
Prior to the start of any
construction related
activities.

Mitigation ends at the
completion of the
construction phase.

Date:

Name & Title:

Paleontological Mitigation Measure No. 2. The archaeologist/paleontologist monitor shall conduct full-time monitoring during grading and excavation operations in undisturbed, very old alluvial fan sediments at or below four (4) City of Adelanto Community
Development Department
Prior to the start of any
construction related
activities. .

Date:

Name & Title:
489
CITY OF ADELANTO ● MITIGATION MONITORING & REPORTING PROGRAM US-395 & AUBURN AVE. ● CUP 22-19, LDP 22-15, & TPM 20607 MM&RP ● SEPTEMBER 19, 2023 PAGE 19
Table 1
Mitigation Monitoring Program

MEASURE

ENFORCEMENT
AGENCY

MONITORING
PHASE

VERIFICATION
feet below ground surface and shall be equipped to salvage fossils if they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates.

The archaeologist/paleontologist monitor shall be empowered to temporarily halt or divert equipment to allow the removal of abundant and large specimens in a timely manner. Monitoring may be reduced if the potentially fossiliferous units are not present in the subsurface, or if present, are determined upon exposure and examination by qualified archaeologist/paleontologist personnel to have a low potential to contain or yield fossil resources. (The Applicant is responsible
for implementation)
Paleontological Mitigation Measure No. 3. Recovered specimens shall be properly prepared to a point of identification and permanent preservation, including screen washing sediments to recover small invertebrates and vertebrates, if necessary. Identification and curation of specimens into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storage, such as the San Bernardino County Museum in San Bernardino, California, is required for significant discoveries. The archaeologist/paleontologist must have a written repository agreement in hand prior to initiation of mitigation activities.

City of Adelanto Community
Development Department
(The Applicant is responsible
for implementation)
Prior to the start of any
construction related
activities.

Date:

Name & Title:

Paleontological Mitigation Measure No. 4. A final monitoring and mitigation report of findings and significance shall be prepared, including lists of all fossils recovered, if any, and necessary maps and graphics to accurately record the original location of the specimens. The report shall be submitted to the San Bernardino County Museum prior to building finalization.

City of Adelanto Community
Development Department
(The Applicant is responsible
for implementation)
Prior to the start of any
construction related
activities.

Date:

Name & Title:
490
CITY OF ADELANTO ● MITIGATION MONITORING & REPORTING PROGRAM US-395 & AUBURN AVE. ● CUP 22-19, LDP 22-15, & TPM 20607 MM&RP ● SEPTEMBER 19, 2023 PAGE 20
NOISE
The following mitigation will be required in order to further reduce construction noise:

City of Adelanto Community
Development Department
(The Applicant is responsible
for implementation)
During the project’s
construction phase.

Mitigation ends when
construction is completed.

Date:

Name & Title:

To ensure the project’s potential operational noise impacts are mitigated, the following mitigation measures must be implemented:

Noise Mitigation Measure No. 2. Loitering in the parking areas with attendant loud noise (radios, car noise, etc.) will not be permitted.

City of Adelanto Community
Development Department
(The Applicant is responsible
for implementation)
During the project’s
operational times.

Date:

Name & Title:

TRANSPORTATION
Transportation Mitigation Measure No. 1. The project will be required to install a traffic signal with northbound-southbound protected left turn phases, at the intersection of Highway 395 and Auburn Avenue concurrent with the construction of the project.

City of Adelanto Community
Development Department
(The Applicant is responsible
for implementation)
During the project’s
construction phase.

Mitigation ends when
construction is completed.

Date:

Name & Title:

Transportation Mitigation Measure No. 2. The project will be required to construct site and frontage improvements. a. Within the existing Highway 395 right of way along the project’s frontage, configure the northbound approach as shown on the conceptual geometric plan in Figure ES- 1 included in the Traffic Study. The configuration should accommodate a left turn lane, two through lanes, and an exclusive right turn lane on the northbound approach of Highway 395 and Auburn Avenue. In the conceptual geometric plan, a Class II bike lane is provided between the right turn lane and the through lane. b. Within the existing Auburn Avenue right of way along the project’s frontage, configure the westbound approach as shown on the conceptual geometric plan in Figure ES2. The configuration should accommodate a left turn lane and a shared throughright turn lane on the westbound approach of Highway 395 and Auburn Avenue. c. Construct Auburn Avenue east of Highway 395 to include curb, gutter, twoCity of Adelanto Community Development Department
(The Applicant is responsible
for implementation)
During the project’s
construction phase.

Mitigation ends when
construction is completed.

Date:

Name & Title:
491
CITY OF ADELANTO ● MITIGATION MONITORING & REPORTING PROGRAM US-395 & AUBURN AVE. ● CUP 22-19, LDP 22-15, & TPM 20607 MM&RP ● SEPTEMBER 19, 2023 PAGE 21
way left turn lane, and sidewalk and driveways as shown on the conceptual geometric plan.

Transportation Mitigation Measure No. 3. Improvements at the intersection of Highway 395 and Auburn Avenue include configuring the southbound approach as shown on the conceptual geometric plan in Figure ES- 1 included in the Traffic Study. The configuration should accommodate a left turn lane, a through lane, and a shared through-right turn lane.

City of Adelanto Community
Development Department
(The Applicant is responsible
for implementation)
During the project’s
construction phase.

Mitigation ends when
construction is completed.

Date:

Name & Title:

TRIBAL CULTURAL RESOURCES
Tribal Cultural Resources Mitigation Measure No. 1. Prior to the issuance of a grading permit, the Applicant shall provide evidence to the City of Adelanto that a qualified archaeologist/paleontologist has been retained by the Project Applicant to conduct monitoring of excavation activities and has the authority to halt and redirect earthmoving activities in the event that suspected paleontological resources are unearthed.

City of Adelanto Community
Development Department
(The Applicant is responsible
for implementation)
Prior to the start of any
construction related
activities.

Mitigation ends at the
completion of the
construction phase.

Date:

Name & Title:

Tribal Cultural Resources Mitigation Measure No. 2. The archaeologist/paleontologist monitor shall conduct full-time monitoring during grading and excavation operations in undisturbed, very old alluvial fan sediments at or below four (4) feet below ground surface and shall be equipped to salvage fossils if they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The archaeologist/paleontologist monitor shall be empowered to temporarily halt or divert equipment to allow the removal of abundant and large specimens in a timely manner. Monitoring may be reduced if the potentially fossiliferous units are not present in the subsurface, or if present, are determined upon exposure and examination by qualified archaeologist/ paleontologist personnel to have a low potential to contain or yield fossil resources.

City of Adelanto Community
Development Department
(The Applicant is responsible
for implementation)
Prior to the start of any
construction related
activities.

Mitigation ends at the
completion of the
construction phase.

Date:

Name & Title:
492
CITY OF ADELANTO ● MITIGATION MONITORING & REPORTING PROGRAM US-395 & AUBURN AVE. ● CUP 22-19, LDP 22-15, & TPM 20607 MM&RP ● SEPTEMBER 19, 2023 PAGE 22
Tribal Cultural Resources Mitigation Measure No. 3. Recovered specimens shall be properly prepared to a point of identification and permanent preservation, including screen washing sediments to recover small invertebrates and vertebrates, if necessary. Identification and curation of specimens into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storage, such as the San Bernardino County Museum in San Bernardino, California, is required for significant discoveries. The archaeologist/paleontologist must have a written repository agreement in hand prior to initiation of mitigation activities.

City of Adelanto Community
Development Department
(The Applicant is responsible
for implementation)
Prior to the start of any
construction related
activities.

Mitigation ends at the
completion of the
construction phase.

Date:

Name & Title:

City of Adelanto Community
Development Department
(The Applicant is responsible
for implementation)
Prior to the start of any
construction related
activities.

Mitigation ends at the
completion of the
construction phase.

Date:

Name & Title:
493
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STAIRS UP
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B A R C E L O N A A V E N U E (to be vacated) PARCEL "C" PARCEL "B" PARCEL "A" PARCEL "A" 6 DELICIOUS STREET TO BE VACATED A U B U R N A V E N U E 6 6
6 6
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R
R
R FH
S T A T E H I G H W A Y 3 9 5

ADELANTO COMMERCIAL DEVELOPMENT
GUS OTAKI C21-L28 SEPTEMBER 2022
PROJECT ADDRESS:

CNR. US-395 AND AUBURN AVE.

ADELANTO, CA 92301
A.P.N. 0459-053-56, 57, 58, 08
CONTACT INFO:

GUS OTAKI
PHONE: (951) 237-2447
EMAIL: [email protected] MARCH 2023 - PLANNING
1 04/05/2023 FIRE JUNE 2023 - PLANNING JULY 2023 - PLANNING SITE PLAN A-0 0 20 40 80 120SCALE = 1:40 NORTH PORTICO SUPER MARKET 16,702 SQ. FT. REQUIRED - 39 SPACES REQUIRED - 67 SPACES PROVIDED - 39 SPACES PROVIDED - 80 SPACES REQUIRED - 42 SPACES PROVIDED - 42 SPACES 8 - DOUBLE SIDED FUEL DISPENSERS FUELING CANOPY

65.00 32.00

30.00 30.50

30.00 37.30 DRIVE THRU RESTAURANT 3,400 SQ.FT. 'A-2' OCCUPANCY

ENTRANCE DRIVE THRU EXIT ONLY
6 26 15 10 13 10 9.00 1712 13

DRIVE THRU

ENTRANCE
EXIT ONLY 1717 23 24 WAITING NO ENTRY EXIT ONLY

EXIT ONLY NO ENTRY
EXIT ONLY NO ENTRY ENTRANCE AUTOMATED CARWASH 5,577 SQ. FT.

31.11 11 R V PARKING 87 91 DIESEL
7 6

35.00 17
4 11
6 30.00

30.00 99 REQUIRED - 34 SPACES PROVIDED - 39 SPACES 10 16 3 STORY HOTEL BUILDING HT: 40' 100 ROOMS 24,902 FOOTPRINT SQ. FT. 68,054 SQ. FT. TOTAL 'R' OCCUPANCY PROVIDED - 6 - EMPLOYEE PARKING SPACE

20.00 20.00 28.00

20.00 30.00

34.00 30.08

30.67 VACUUM - 12 SPACES
VACUUM - 9 SPACES
VACUUM - 7 SPACES

20.00 PROPANE PARCEL B PARCEL C PARCEL D PARCEL E TRUCK RAMP PARCEL MAP NOT TO SCALE 34,925 SQ. FT. 0.80 ACRE 144,926 SQ. FT. 3.3 ACRE 116,409 SQ. FT. 2.7 ACRE 159,057 SQ. FT. 3.6 ACRE

30.02 7 30.00 ALTERNATIVE FUEL 2-DBL. SIDED

UPPER LEVEL
OFFICE
956 S.F. EV PARKING EV PARKING EV PARKING EV PARKING EV PARKING EV PARKING EV PARKING EV PARKING EV PARKING EV PARKING EV PARKING EV PARKING EV PARKING EV PARKING EV PARKING EV PARKING PROP. TRAFFIC LIGHT

30.00 THESE DOCUMENTS AND THE DESIGN AND IDEAS INCORPORATED HEREIN, AS AN INSTRUMENT OF A PROFESSIONAL SERVICE, ARE THE SOLE PROPERTY OF STEENO DESIGN STUDIO INC. ANY USE, IN WHOLE OR IN PART FOR WHICH THEY WERE NOT PROVIDED SHALL BE UNLAWFUL P H O N E ( 7 6 0 ) 2 4 4 - 5 0 0 1 F A X ( 7 6 0 ) 2 4 4 - 1 9 4 8 1 1 7 7 4 H E S P E R I A R O A D, S U I T E B H E S P E R I A, C A. 9 2 3 4 5 THESE PLANS SHALL COMPLY WITH THE 2022 CALIFORNIA BUILDING CODE WHICH ADOPTS THE 2022 CMC, 2022 CPC, 2022 CEC, 2022 CGC, 2022 CRC AND THE 2022 ENERGY STANDARDS REVISIONS DATE FINISHED www.steenodesign.com
INC. D E S I G N S T U D I O

A R C H I T E C T U R E D E S I G N P L A N N I N G
PROJECT: JOB NO. SHEET NAME: PAGE
THOMAS
R .STEENO

STA T E
OF
CA
L I FORN I AC-26448

L I CENSED
A

RCH I TECT
REN . 2 / 2 8 / 2 5

S T E E N O
STAIRS DN. REQUIRED - 28 SPACES PROVIDED - 45 SPACES NORTH VICINITY MAP STEENO DESIGN STUDIO, INC. ARCHITECT: TOM STEENO 11774 HESPERIA RD. SUITE B-1 PH: 760.244.5001 FX: 760.244.1948 PETROLEUM REALTY GUS OTAKI 30233 FRONTERA DEL NORTE HIGHLAND, CA 92346 PHONE: (951) 237-2447 [email protected] APPLICANT / OWNER: ARCHITECT / REPRESENTATIVE: PROJECT DATA SINGLE & 3-STOREY (HOTEL) V - B FIRE SPRINKLERS: STORIES: OCCUPANCY'S: CONSTRUCTION TYPE: ZONE: APPLICATION TYPE: CUP AIRPORT DEV. DISTRICT (ADD) M, B, A-2, R SCOPE OF WORK TO CONSTRUCT ONE (1) COMMERCIAL MULTI-TENANT BUILDING (APPROX. 10,500 SQ. FT.), ONE SUPERMARKET BUILDING (APPROX. 16,702 SQ. FT.) ONE (1) COMMERCIAL MULTI-TENANT BUILDING (APPROX. 9,620 SQ. FT.), ONE (1) AUTO DETAIL CARWASH (APPROX. 5,577 SQ. FT.), ONE (1) DRIVE-THRU RESTAURANT (APPROX. 3,400 SQ. FT.), ONE (1) 3-STORY HOTEL W/ 100 ROOMS (APPROX. 67,198 SQ. FT.) AND ONE (1) CONVENIENT STORE BUILDING W/ TOBACCO, BEER, WINE AND TYPE 21 OFF-SITE LIQUOR LICENSE SALES W/ 8 DOUBLE SIDED FUEL DISPENSER CANOPY AND 2 DOUBLE SIDED ALTERNATIVE FUEL CANOPY (APPROX. 5,866 SQ. FT.). SITE TO INCLUDE 6 PARCELS FOR A TENTATIVE PARCEL MAP FOR A TOTAL OF APPROXIMATELY 12 ACRES SITE, TO BE COMPLETED IN 6 PHASES. PROJECT LOCATION AUBURN AVE. BARCELONA AVE. VINTAGE RD. CHAMBERLAIN WAY US HWY 395
JONATHAN ST.

MONTEZUMA
PEARMAIN ST.

ADELANTO RD.

W. PEARMAIN RD. LA PAZ AVE.

CONCORD ST. LA HABRA AVE. A.P.N. 0459-053-09 VACANT - ZONE ADD NOT A PART SITE DATA LEGAL DESCRIPTION: BUILDING AREA (TOTAL FOOTPRINT) A/C PAVING AREA SQ. FOOTAGE % COVERAGE CONCRETE HARDSCAPE & CURBING LANDSCAPED AREA 517,290 S.F. PROPOSED LAND AREA & COVERAGE76,567 S.F. 7,640 S.F. 14.8 % LANDSCAPED AREA (BEYOND PROPERTY LINE) GROSS LAND AREA - 13.95 ACRES AREA SITE AREA SQ. FOOTAGE 100% NET LAND AREA - 11.87 ACRES 517,290 S.F. 607,522 S.F. A.P.N: 0459-053-56, 57, 58 & 08 NOT A PART TOTAL NET LAND AREA COVERAGE = THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: PARCEL A - A.P.N. 0459-053-57-0-000 PARCEL 1 OF PARCEL MAP NO. 4896, IN THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 51, PAGE 64 OF PARCEL MAPS, RECORDS OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 19, 1954 IN BOOK 3510, PAGE 38 OF OFFICIAL RECORDS. ALSO EXCEPT THEREFROM THAT PORTION CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, BY DEED RECORDED JUNE 12, 1980 AS INSTRUMENT NO. 80-134468 OF OFFICIAL RECORDS. PARCEL B - A.P.N. 0459-053-58-000 PARCEL 2 OF PARCEL MAP NO. 4896, IN THE CITY OF ADELANTO. COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 51, PAGE 64 OF PARCEL MAPS, RECORDS OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 19, 1954 IN BOOK 3510, PAGE 38 OF OFFICIAL RECORDS. ALSO EXCEPT THEREFROM THAT PORTION CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, BY DEED RECORDED JUNE 12, 1980 AS INSTRUMENT NO. 80-134469 OF OFFICIAL RECORDS. PARCEL C - A.P.N. 0459-053-08-000 PARCEL 1 OF PARCEL MAP NO. 1433, IN THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 13, PAGE 1 OF PARCEL MAPS, RECORDS OF SAID COUNTY. 261,239 S.F. 50.5 % 31,480 S.F. 6% 64,127 S.F. 13% FUELING CANOPY AREA 7,942 S.F. 1.5 % OUTDOOR RECREATION AREA 6,933 S.F. 1.4 % PARKING DATA PARCEL "A" - CONVENIENCE STORE REQUIRED PARKING PER G.F.A.: PARCEL "B" - DRIVE-THRU RESTAURANT AREA RATIO S.F. # SPACES 28 5,866 1:100 3,400 34 PARCEL "C" - MULTI-TENANT RETAIL BLDG. 1:250 10,500 42 1:250 6739 -- 6 TOTAL REQUIRED 336 PARCEL "E" - 3-STORY HOTEL 956 16,702 9,620 5,577 'B' OCCUPANCY W/ UPPER LEVEL OFFICE 1:250 PARCEL "C" - SUPERMARKET BLDG. PARCEL "C" - MULTI-TENANT RETAIL BLDG. 1:250 PARCEL "D" - AUTOMATED CARWASH PARCEL A - CONVENIENCE STORE YES PARCEL B - DRIVE-THRU RESTAURANT PARCEL C - MULTI-TENANT RETAIL BLDG. PARCEL C - SUPERMARKET BLDG. PARCEL C - MULTI-TENANT RETAIL BLDG. PARCEL D - AUTOMATED CARWASH PARCEL E - 3-STORY HOTEL NO YES YES YES 'M' OCCUPANCY NO YES 1:PER ROOM + EMPLOYEES 67,198 120 PROVIDED PARKING: PARCEL A - PARCEL B - PARCEL C - PARCEL C - PARCEL C - PARCEL D - PARCEL E - 9'X18' STD. PARKING STALLS 25 9'X19' ACESSIBLE PARKING STALLS 9'X18' E.V. PARKING STALLS 217 9'X18' STD. PARKING STALLS 9'X19' ACESSIBLE PARKING STALLS 372 9'X18' STD. PARKING STALLS 9'X18' ACESSIBLE PARKING STALLS 402 9'X18' STD. PARKING STALLS 9'X18' ACESSIBLE PARKING STALLS 664 9'X18' STD. PARKING STALLS 9'X18' ACESSIBLE PARKING STALLS 372 9'X18' STD. PARKING STALLS 9'X18' ACESSIBLE PARKING STALLS42 9'X18' STD. PARKING STALLS 9'X18' ACESSIBLE PARKING STALLS 131 6 GRAND TOTAL PARKING PROVIDED 408 CARWASH VACUUM STATIONS - 37 SPACES OFFICIAL USE ONLY 334.64 86.34

94.47 69.27

37.67 105.00 186.19
125.45 32.00

58.52 45.22 480.00 87.30

84.66 158.73 102.64 40.00 PARCEL AREA SUMMARY PARCEL "A" - 61,973 S.F./ 517,290 S.F. = NET LAND AREA - 517,290 S.F. 100% 12% OF TOTAL SITE PARCEL "B" - 34,925 S.F./ 517,290 S.F. = 6.7% OF TOTAL SITE PARCEL "C" - 144,926 S.F./ 517,290 S.F. = 28% OF TOTAL SITE PARCEL "D" - 116,409 S.F./ 517,290 S.F. = 22.6% OF TOTAL SITE PARCEL "E" - 159,057 S.F./ 517,290 S.F. = 30.7% OF TOTAL SITE TOTAL BUILDING AREA = 76,567 S.F. TOTAL LOT AREA = 517,290 TOTAL FAR: 76,567 / 517,290 = 0.14 TELEPHONE (PROPOSED): WATER & SEWER (PROPOSED): DISPOSAL: ADELANTO UTILITIES CITY OF ADELANTO 11600 AIR EXPRESSWAY ADELANTO, CA 92301 (760) 246-2300 VERIZON 15168 LA PAZ ROAD VICTORVILLE, CA 92392 (800) 772-5153 ELECTRIC (PROPOSED): SOUTHERN CALIFORNIA EDISON CO. 12353 HESPERIA RD. VICTORVILLE, CA 92392 (760) 951-3237 CR & R - WRIGHTWOOD 9828 BUCKWHEAT ROAD P.O. BOX 290309 PHELAN, CA 92371 (760) 868-6353 CABLE (PRPOSED): GAS (PROPOSED): SOUTHWEST GAS CO. 13471 MARIPOSA ROAD VICTORVILLE CA. 92392 (760) 951-4055 CHARTER COMMUNICATIONS 9536 "C" AVENUE HESPERIA, CA (909)343-5100 A.P.N. 0459-053-07 VACANT - ZONE ADD A.P.N. 0459-053-49 VACANT - ZONE ADD VACUUM - 9 SPACES 52.41 121.00 137.58 CONVENIENCE STORE BUILDING HT: 28' 5,866 SQ. FT. 'M' OCCUPANCY

50.17 70.00 171.91 45.00 57.28 50.00 64.25 50.03 67.97

30.00 6.00 32.00

12.00 18.00 2.00

18.00 18.00

16.00 2.00 9.00 8.00 TYP.

14.00 4.00

8.00 6.00PROP. CONC. APPROACH 38.00 PROP. CONC. APPROACH 8.00 8.00 18.00 2.00

9.00 TYP.

18.00 11.00

2.00 36.89

16.00 16.00

18.00 30.00

4.00 11.00

18.00 2.00 9.00 BUILDING DATA BUILDING S.F. OCCUPANCY HOURS A-2M · OPERATING HOURS MAY VARY AS REQUIRED BY TENANTS
· OCCUPANT LOAD BASED ON TABLE A OF THE 2019 CBC. AND BUILDING SQUARE FOOTAGE. · OCCUPANT LOAD MAY VARY AS REQUIRED BY TENANTS PAR. C - MULTI-TENANT RETAIL PAR. B - DRIVE-THRU REST. 24 HOURS 24 HOURS 5,866 10,500 3,400 7:00 am - 9:00 pm M 16,702 6:00 am - 11:00 pm PAR. A - CONVENIENCE STORE SYM. DESCRIPTION SYMBOL LEGEND SITE LIGHT POLE STANDARD, TWIN HEAD 90°-23'/ QUAD HEAD 360°-23' W/ SHOE BOX STYLE FIXTURES & LIGHT SHIELD TO MEET 0.5 FOOTCANDLE LEVELS AT ALL PROPERTY LINE.

X DENOTES PARKING SPACE COUNT
R/ W

FACE OF
CURB RETAIL BUILDING 10,500 SQ. FT. MULTI TENANT 'M' OCCUPANCY RETAIL BUILDING 9,620 SQ. FT. MULTI TENANT 'M' OCCUPANCY

18.00 18.00 2.00
120.00 EX. DRAINAGE EASEMENT

37.00 10.69 EV PARKING

32.00 33.16 DENOTES PATH OF TRAVEL EV CHARGING STATION EQUIPMENT EV

PARKING
EV

PARKING
EV
PARKING 9'X18' E.V. PARKING STALLS 21
120.00

48.02 65.38 82.48

12.00 EV PARKING EV PARKING EV PARKING EV PARKING EV PARKING EV PARKING EV PARKING EV PARKING EV PARKING EV PARKING 9'X18' E.V. PARKING STALLS 10 EX. DRAINAGE EASEMENT AT SHADED AREA EX. R/ W PAR. C - SUPERMARKET
M PAR. C - MULTI-TENANT RETAIL 9,620M 7:00 am - 9:00 pm PAR. D - AUTOMATED CARWASH 5,577 B 7:00 am - 8:00 pm PAR. E - 3-STORY HOTEL 67,198
R 24 HOURS

34.00 PHASING MAP NOT TO SCALE PHASE 1 PHASE 2 PHASE 4 PHASE 5 PHASE 3 EV

PARKING
EV

PARKING
EV
PARKING 11 12 10 8 17 32.00
14 3 REQUIRED - 100 SPACES PROVIDED - 148 SPACES PROP. CONC. APPROACH INDOOR POOL AREA OUTDOOR REC. AREA OUTDOOR REC. AREA 11.77 10

S A N B E R N A R D I NO C O U N I T Y D R A I N A G E

40.00 FIRE ACCESS
LANE
PHASE 1
1 PROPERTY LINE PHASE LINE PARCEL A 61, 973 SQ. FT. 1.4 ACRE FIRE ACCESS LANE PHASE 1 1 1
1 HATCHED AREA INDICATES PHASE 1 TO INCLUDE 30' MIN DRIVE AISLES AND EXIT TO AUBURN AVENUE A U B U R N A V E A U B U R N A V E S T A T E H W Y 3 9 5
S T A T E H W Y 3 9 5 BLDG HT: 30'
BLDG HT: 25' BLDG HT: 28' RELOCATE FENCE AT PROP. R/W EX. FENCE TO BE RELOCATED PROP. EDGE OF PAVEMENT EX. EDGE OF PAVEMENT

30.00 31.00
30' WIDE EMERGENCY FIRE ACCESS FLOOR AREA RATIO DEVELOPMENT STANDARDS - ADD ZONE DEVELOPMENT STANDARD REQUIRED COMPLIES MINIMUM LOT SIZE/ WIDTH/ DEPTH PARCEL MINIMUM SIDE YARD SETBACK: 20,000 S.F./ 100'/ 100' A YES PROVIDED 61,973 S.F./ 262'/ 253'B 34,925 S.F./ 218'/ 178' YESC 144,926 S.F./ 655'/ 329' YESD 116,409 S.F./ 486'/ 380' YESE 159,057 S.F./ 511'/ 289' YES STREET SIDE BLDG/ PARKING 262.31 253.48 217.81178.08 654.84
328.50 485.64
379.78 510.50
289.13 MINIMUM FRONT SETBACK
A 25'/ 10' 52.41'/ 50.81' YESB 65.38'/ 50.61' YESC 45.22'/ 45.72' YESD 84.66' / 142.03' YESE 94.47'/ 11.05' YES TO BUILDING/ TO PARKING AREA 50.81

50.61 45.72 25'/ 10'
A 58.64'/ 10.69' YESB N/A - NO STREET ON SIDE CDE

58.64 142.03

11.05 N/A N/A - NO STREET ON SIDE N/A (CURRENT ST. TO BE VACATED) N/A - NO STREET ON SIDE N/A N/A - NO STREET ON SIDE N/A MAXIMUM BUILDING HEIGHT 50' A 28' YESB 25' YESC YESD 30' YESE 40' YES 28' MINIMUM REAR YARD SETBACK 0'A 65.42' YESB 58.66' YESC YESD 176.27' YESE 125.45' YES 37' 65.42 58.66 176.27 LANDSCAPING REQUIRED 5% OF PROJECT
A 7,359 SF/ 61,973 = 12% YESB 5,718 SF/ 34,925 = 17% YESC YESD 18,498 SF/ 116,409 = 16% YESE 21,455 SF/ 159,057 = 14% YES 11,097 SF/ 144,926 = 8% AREA 6300 SF 1437 SF SB COUNTY DRAINAGE EASEMENT 69,002 S.F. 13% PER ABOVE/ REQ'D CONVENIENCE STORE: DRIVE - THRU MULTI-TENANT RETAIL SUPERMARKET MULTI-TENANT RETAIL AUTOMATED CARWASH 3-STORY HOTEL PROVIDED/ TOTAL COMPLIES 44 28 YES 39 34 YES 42 42 YES 80 67 YES 39 39 YES 6 6 YES 158 120 YES
S:\2021 Aprojects\02 - Commercial\L - P\28-Otaki, Gus-Adelanto Gas Station\00 - A-0 Site Plan_Otaki.dwg, 7/27/2023 10:45:38 AM, DWG To PDF.pc3
494
EXTERIOR ELEVATIONS HOTEL A-2

ADELANTO COMMERCIAL DEVELOPMENT
GUS OTAKI C21-L28 SEPTEMBER 2022
PROJECT ADDRESS:

CNR. US-395 AND AUBURN AVE.

ADELANTO, CA 92301
A.P.N. 0459-053-56, 57, 58, 08
CONTACT INFO:

GUS OTAKI
PHONE: (951) 237-2447
EMAIL: [email protected] SCALE: 1/16" = 1'-0" FRONT - NORTH ELEVATION THESE DOCUMENTS AND THE DESIGN AND IDEAS INCORPORATED HEREIN, AS AN INSTRUMENT OF A PROFESSIONAL SERVICE, ARE THE SOLE PROPERTY OF STEENO DESIGN STUDIO INC. ANY USE, IN WHOLE OR IN PART FOR WHICH THEY WERE NOT PROVIDED SHALL BE UNLAWFUL P H O N E ( 7 6 0 ) 2 4 4 - 5 0 0 1 F A X ( 7 6 0 ) 2 4 4 - 1 9 4 8 1 1 7 7 4 H E S P E R I A R O A D, S U I T E B H E S P E R I A, C A. 9 2 3 4 5 THESE PLANS SHALL COMPLY WITH THE 2022 CALIFORNIA BUILDING CODE WHICH ADOPTS THE 2022 CMC, 2022 CPC, 2022 CEC, 2022 CGC, 2022 CRC AND THE 2022 ENERGY STANDARDS REVISIONS DATE FINISHED www.steenodesign.com
INC. D E S I G N S T U D I O

A R C H I T E C T U R E D E S I G N P L A N N I N G
PROJECT: JOB NO. SHEET NAME: PAGE
THOMAS
R .STEENO

STA T E
OF
CA
L I FORN I AC-26448

L I CENSED
A

RCH I TECT
REN . 2 / 2 8 / 2 5

S T E E N O KEY NOTES
123456789101112131415 SYMBOL DESCRIPTION EX. WALL MOUNTED LED LIGHT FIXTURE PARAPET CAP - PRIMARY BLUE METAL REPAINT EX. SPLIT FACED STONE - WHITE ANGLED CANOPY SUPPORTS - PRIMARY RED PROPOSED NEW CANOPY - PRIMARY BLUE METAL TOWER HALO - SILVER NEW STUCCO W/ INTEGRAL COLOR - CHARCOAL GRAY NEW STUCCO W/ INTEGRAL COLOR - CHARCOAL GRAY 6" X 6" GLOSS RED CERAMIC WALL TILE 12" HIGH EXPOSED CONCRETE BASE 1" METAL CHANNEL SCREEDS - PAINTED PRIMARY RED ANODIZED BRONZE DOORS EXISTING WINDOW FRAMES - PAINT PRIMARY RED EXPOSED GLU LAM BEAM - CLEAR SEALANT FASCIA & CAP - SILVER 16 WOOD CLAD CEILING AT OVERHANG 17 6" DIA/ METAL POSTS - PRIMARY RED 18 BUILDING SIGNAGE 19 LED ACCENT LIGHT STRIP 20 4"Ø DIMPLE DIE HOLES 21 CORNER STRUT HANGER BRACKET SCALE: 1/16" = 1'-0" REAR - SOUTH ELEVATION SCALE: 1/16" = 1'-0" RIGHT - WEST ELEVATION SCALE: 1/16" = 1'-0" LEFT - EAST ELEVATION SIGN SIGN CONCEPTUAL ONLY CONCEPTUAL ONLY CONCEPTUAL ONLY 495

ADELANTO PUBLIC UTILITY AUTHORITY
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: October 11, 2023
TO: Honorable Chairman, and Public Utility Authority Members FROM: Jessie Flores, City Manager
BY: Saba Engineer, P.E., City Engineer
SUBJECT: PROFESSIONAL SERVICE AGREEMENT FOR WASTEWATER TREATMENT PLANT

OPTIMIZATION
STAFF RECOMMENDATION:

Staff recommends City Council approve the award of a Professional Service Agreement (PSA) with PACE Advanced Water Engineering in the amount of $319,040 for Wastewater Treatment Plant Optimization authorizing project contingency in the amount of $24,000 for the design services, authorizing City Manager or designee to expend the contingency fund, if necessary to complete the project and authorize the City Manager to sign the agreement on behalf of the City Council.

BACKGROUND:

The City of Adelanto currently serves nearly 36,000 people within its 53-square mile service area. The wastewater from Adelanto's water service area is collected and treated at the City-owned 3.0 MGD activated sludge wastewater treatment facility. The City's sewer system includes over 55-56 miles of gravity sewer lines, one lift station, associated force mains, and an existing 3.0 MGD wastewater treatment plant.

In 2022, the City treated a total metered wastewater volume of 3.015 MGD (million gallons per day).

Due to ongoing and upcoming development in the area, wastewater volume is constantly increasing and treatment plant needs to be optimized and upgraded to accommodate increase in the population growth.

DISCUSSION:

August 7, 2023, a Request for Proposals (RFP) for a design service was released and made publicly available on the electronic plan room and City’s website. On August 31, 2023, one (1) proposal was received from PACE Advanced Water Engineering (PACE). The proposal was reviewed by a panel of staff members using the City’s standard rating system requirements of the RFP and it was determined that the proposal met the requirements of the RFP. PACE has an extensive experience and successfully completed similar projects for numerous cities Statewide. The panel determined PACE demonstrated the capability to provide design services for Wastewater Treatment Plant Optimization Project.

If awarded by the City Council, project design is anticipated to begin in November 2023 and project design completion is anticipated for May 2024.
496
Staff recommends City Council approve the award of a Professional Service Agreement (PSA) with PACE Advanced Water Engineering in the amount of $319,040 for Wastewater Treatment Plant Optimization.

FISCAL IMPACT:

Estimated Project Cost

Design Contract $ 233,340
Technical Support During
Construction $ 85,700 (will be authorized by the City
if needed during construction)
Project Contingency $ 24,000
Project Management $ 12,000
Total Estimated Project Cost $ 355,040
Funds will be Budgeted from the Sewer Fund (360) as part of the forthcoming CIP Budget.

ATTACHMENTS:

Attachment No. 1 Professional Service Agreement with PACE Attachment No. 2 Location Map
497
1 ATTACHMENT 1

PROFESSIONAL SERVICE AGREEMENT WITH

PACE ADVANCED WATER ENGINEERING
498
2 2023

PROFESSIONAL SERVICES AGREEMENT
(Engagement: Wastewater Treatment Plant Optimization
(Parties: PACE Advanced Water Engineering and City of
Adelanto)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this 11 day of October 2023 (hereinafter, the “Effective Date”) by and between the CITY OF ADELANTO, a municipal corporation (hereinafter, “CITY”) and PACE Advanced Water Engineering, (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.

RECITALS
WHEREAS, CITY requires professional consulting services Design of Wastewater Treatment Plant Optimization; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Adelanto City Council at its Regular Meeting of October 11, 2023.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:

I. ENGAGEMENT
TERMS

1.1 SCOPE OF WORK:

A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “Wastewater Treatment Plant Optimization”, (hereinafter, “CITY RFP”) and the written proposal of CONSULTANT entitled “Wastewater Treatment Plant Optimization” (hereinafter, the “CONSULTANT Proposal”) dated August 31, 2023. The CITY RFP and the CONSULTANT Proposal are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONSULTANT PROPOSAL. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or 499
3 inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.

B. IF NO RFP ISSUED: Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain proposal of CONSULTANT entitled “INSERT TITLE OF PROPOSAL” dated INSERT DATE OF PROPOSAL (hereinafter, the “CONSULTANT Proposal”) which is attached and incorporated hereto as Exhibit “A”. CONSULTANT further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Work. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Work shall hereinafter be referred to generally by the capitalized term “Work.”

1.2 PROSECUTION OF WORK:

A. Time is of the essence of this Agreement and each and every provision contained herein. The Work shall be commenced within three (3) calendar days of CITY’s issuance of a Notice to Proceed. CONSULTANT shall complete the various tasks identified in the Scope of Work within the timeframes set forth in the Scope of Work and shall complete all of the Work by or before December 31, 2024 (the “Completion Date”); B. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents; C. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; D. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and
E. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

1.3 COMPENSATION: CONSULTANT shall perform the Work in accordance with Fee Proposal (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of Three Hundred and Nineteen Thousand and Forty Dollars ($319,040) (hereinafter, the “Not-to-Exceed Sum”) during the prosecution of this Agreement, unless such added expenditure is first approved by the City Council.

In the event CONSULTANT’s charges are projected to exceed the Not-toExceed Sum prior to the expiration of this 500
4 Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.

1.4 PAYMENT OF COMPENSATION: Following the conclusion of the work requested in Section 1.1, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable outof-pocket expenses incurred. If the amount of CONSULTANT’s compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice.

Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.

1.5 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

1.6 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.

II.

PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATIVE: The CITY hereby designates Saba Engineer, P.E. (hereinafter, the “City Representative”) to act as its representative for the performance of this Agreement. The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the City Representative or their designee.
501
5 2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates James Mathews, P.E., to act as its representative for the performance of this Agreement (hereinafter, “Consultant Representative”). Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the CITY Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by CITY Representative or their designees.

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:

A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative;
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks 502
6 assigned to them by CONSULTANT; and
G. All of CONSULTANT’s employees and agents (including, but not limitedto, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.

The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the CITY Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.

2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.

2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are 503
7 determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.

2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.

2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the CITY Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.

2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization.

2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 504
8 2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge,understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.

CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.

CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.

III.

INSURANCE

3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:

A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.

C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.

D. Errors & Omissions Insurance: For the full term of this Agreement and for 505
9 a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per claim.

3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.

3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhereunder this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.

3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.

3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.

3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’s financial well-being and, indirectly, the collective well-being of the residents of the CITY.

Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITYif requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work. Upon CITY’s written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.
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10 3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this Agreement effective upon notice.

3.8 SPECIAL RISKS OR CIRCUMSTANCES. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

IV.

INDEMNIFICATION

4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “CITY Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement.

Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein. Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.

4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.

4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the CITY Indemnitees under this Article, or related to CONSULTANT’s failure to either (i) 507
11 pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers’ compensation laws.

4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.

4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANTagrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.

4.6 CITY does not, and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.

4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.

4.8 [ONLY USE IF FOR DESIGN PROFESSIONALS]WORK OF CONSULTANT’S DESIGN PROFESSIONALS SERVICES: The duty to indemnify, defend and hold harmless as set forth under this subsection shall apply to the negligence, recklessness or willful misconduct of any individual who qualifies as a “design professional” within the meaning of subsection (c)(2) of Section 2782.8 of the California Civil Code in so far as such negligence, recklessness or willful misconduct occurs in the performance, work or activities that must be performed by a “design professional.” Subject to the limitation of the preceding sentence, to the fullest extent permitted by law, CONSULTANT shall immediately defend and indemnify and hold harmless the CITY Indemnities, defined above, from and against any and all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of the negligence, recklessness, or willful 508
12 4.9 WORK OF ALL OTHER PERSONS/NON-DESIGN PROFESSIONALS: Except as otherwise provided under Section 4.2 of this Article, above, to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature to the extent caused by CONSULTANT’s negligent performance under this Agreement, including but not limited to the negligent acts, errors or omissions of CONSULTANT or CONSULTANT’s officers, employees, agents, servants, contractors, subcontractors or subconsultants or the failure of the same to comply with any of the duties, obligations or standards of care set forth herein. The duty to indemnify, defend and hold harmless under this subsection shall not encompass a duty to indemnity, defend or hold harmless for liability, loss, suit, damage, expense, or cost caused by the negligence or willful misconduct of any or all of the CITY Indemnitees. The duty to indemnify, defend and hold harmless as set forth under this subsection is intended to encompass liabilities, losses, damages, expense and costs not otherwise subject to subsection 4.2, above.

4.10 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CITY shall have the right to offset against the amount of any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT’s failure to pay CITY promptly any indemnification arising under this Article and related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers’ compensation laws.

4.11 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, the obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents and authorizedvolunteers.

4.12 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT misconduct of CONSULTANT or any of CONSULTANT’s officers, employees, servants, agents, contractors, subcontractors or authorized volunteers or any other person or entity involved by, for, or with or on behalf of CONSULTANT in the performance of design professional services under this Agreement. The Parties understand and agree that the duty of CONSULTANT to indemnify, defend and hold harmless pursuant to this subsection includes the duty to defend as set forth in Section 2778 of the California Civil Code. CONSULTANT’s obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then CONSULTANT’s indemnification obligation shall be reduced in proportion to the established comparative liability. 509
13 4.13 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

4.14 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, the duties to indemnify, defend and hold harmless as set forth under this Section, shall survive the early termination or normal expiration of this Agreement and shall be in addition to any other rights or remedies which the CITY may have at law or in equity.

TERMINATION

5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.

CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1, below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work. CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

A. In the event either Party fails to perform any duty, obligation, service or task in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents and authorized volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
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14 set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will becured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C, below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.

Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT’s failure to fulfill or 511
15 perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.

C. CITY will cure any Event of Default asserted by CONSULTANT within fortyfive (45) calendar days of CONSULTANT’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.4, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.

D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date ofthe suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.

E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.

No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
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16 i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right orremedy.

CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.

G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.

5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.

VI.

MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically.

This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all
513
17 copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.

6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

CONSULTANT:

T
CITY:

PACE Advanced Water
Engineering
17520 Newhope Street,
Suite 200
Fountain Valley, Ca 92708
Attn: James Matthews, P.E.

Phone: (951) 680-0440
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Engineering
Phone: (760) 246-2300
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work 514
18 required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.

6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.

6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.

6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.

6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.

6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this 515
19 Agreement together through a process of negotiation and with the advice of their respective attorneys.

6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.

6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.

6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section

6.16, above.

6.20 FORCE MAJEURE: The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representativesuch delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.

6.21 COUNTERPARTS: This Agreement will be executed in three (3) original 516
20 counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section

6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)
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21 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF ADELANTO:

By:

Name:

Title:

Date:

APPROVED AS TO FORM:

By: Todd O. Litfin, City Attorney
PACE Advanced Water Engineering.:

By:

Name:

Title:

Date:
518
22 519
23 520
EXHIBIT “A”

CITY RFP
521

CITY OF ADELANTO REQUEST FOR PROPOSALS FOR
Professional Services Related to the
Design Services for Wastewater Treatment Plant
Optimization
RFP Release Date:

August 7, 2023
Proposals Due:

August 31, 2023
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2 1. PURPOSE
The City of Adelanto (City) is seeking qualified professional firms (Consultants) to submit a proposal to provide professional Design services to rehabilitate and increase the capacity of the existing Adelanto Wastewater Treatment Plant (WWTP). Consultants who submit proposals for this project must have experience in providing similar services for other cities, agencies, and water districts.

This Request for Proposals (RFP) is expected to result in a contract (Professional Services Agreement) with a cost not to exceed the listed amount. The selected consultant shall perform the tasks specified in the "Scope of Work" section of the RFP.

The consultant is encouraged to suggest additions or modifications to the scope that will enhance or clarify the requested services and the suggestions should be incorporated into the proposal.

The Department contact (Contact) for this Request for Proposal (RFP) is the sole point of contact for this procurement. All communication shall be in writing and submitted to the Contact as designated below. Consultants are not permitted to communicate with other Department/City staff or officials about this RFP, except during pre-proposal meetings and/or interviews, unless otherwise directed by the Contact. Direct written questions and/or correspondence related to this RFP to:

Saba Engineer, City Engineer
E-mail: [email protected]
Consultants interested in participating in this RFP should immediately provide the Contact with a telephone number, fax number, and an e-mail address for dissemination of addenda and/or supplemental information, as applicable. Failure to provide said contact information may result in late notifications and/or incomplete proposals.

A. Deadline for Submitting Questions
Any questions regarding the RFP must be submitted to the Contact referenced above no later than August 25, 2023. Reference the RFP Title when making inquiries.

B. RFP Schedule
Request for Proposals Released August 7, 2023
Deadline for Submitting Questions ..........................................August 25, 2023 Deadline for Submitting Proposals*.....................................August 31, 2023 *See Section 5 ‘Proposal Submission’ for additional details. 523
3 2. GENERAL
The City of Adelanto (City), California is located in the High Desert in the Victor Valley region of the Mojave Desert and is situated along the Highway 395 corridor, which was recently widened to help the with City’s expected growth over the next few years. Adelanto is a Charter City, and operates as a Council-Manager form of government with a five (5) member City Council.

The Adelanto Public Utilities Authority (City) is the sole agency for collecting, treating, and discharging wastewater within its service area through the Adelanto Wastewater Treatment Facility. The facility was upgraded from a treatment capacity of 1.5 million gallons per day (MGD) to 4.0 MGD. However, the upgraded facility did not successfully treat the city's wastewater to a quality suitable for reuse and could not reliably treat the increased capacity. The city terminated the existing contract and entered into an agreement with a second firm to upgrade the facility to handle 3.0 MGD. The upgraded facility now has the capability to produce treated effluent suitable for landscape irrigation and other beneficial uses.

In 2022, the City treated a total metered wastewater volume of 3.015 MGD (million gallons per day). The quantities of wastewater generated are generally proportional to the population and water usage in the service area. It is estimated that the city's customers generate wastewater roughly proportional to 60 to 70 percent of the City's water demand.

The Mojave Basin, where the city is located, is a closed basin, and the remaining wastewater effluent is percolated to the groundwater basin, eventually reusing it as groundwater, benefiting the water supply for all regional water agencies.

The City of Adelanto supports the efforts of regional water management agencies to utilize recycled water in the High Desert region of San Bernardino County. The ultimate goal for the upgraded wastewater treatment plant is to produce treated water meeting California's Title 22 requirements, which can be used for irrigation, construction, dust control, and other beneficial uses. The city also has plans to connect septic tank systems (approximately 775) in the northern end of its service area to the city sewer system in the 524
4 future.

3. PURPOSE AND SCOPE
The purpose of this RFP is to find and select a qualified engineering consulting firm to provide professional Design services to rehabilitate and increase the capacity of the existing Adelanto Wastewater Treatment Plant (WWTP).

New development places additional demands upon existing facilities and often requires the construction of new or expanded facilities to maintain service standards. The original facility had an Average Annual Day Flow (AADF) capacity of 1.5 MGD with a Peak Day Flow (PDF) capacity of 2.5 MGD. The facility’s capacity was increased to AADF of 3.0 MGD and MDF (Maximum Daily Flow) of 4.0 MGD. The existing WWTP is located in the northeast corner of Jonathan Street and Auburn Ave. The location of the current WWTP is shown in Exhibit A.

The project scope includes the design service to increase the capacity of the existing Adelanto WWTP. The project will include design and technical specification for upgrading headworks screening dewatering compactor and additional influent submersible pump, installing secondary permanent polymer injection system at the secondary clarifiers, installing field instrumentation on each Biolac basin, installing a new aeration blower, and providing other supplemental improvements, which includes rehabilitation of existing vertical turbine pumps & hydropneumatics tank system.

The selected firm must be able to complete the entire scope of work. It is expected to have a bid ready package for the City`s treatment plant optimization. i. SCOPE OF SERVICES
The firm selected for this project will be required to provide equipment, materials, and labor to provide the following services:
• Prepare Preliminary Design Report for design of WWTP optimization. • Prepare Construction drawings and Specifications
• Provide Bidding Assistance.

The City’s current WWTP operator prepared the attached technical memorandum (Exhibit C), describing the required scope of work, analysis and proposed next steps.

A brief description of the required elements of each scope of work task is described below:
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5 a. Project Management and Meetings
Consultant will conduct project management, schedule and budget tracking, and invoicing to confirm that the project is progressing ahead on budget and schedule.

Monthly project status reports highlighting the progress of each task, work planned for the coming month, data needs, key issues and important decision needs, updated project schedule and the status of the action items from the previous report are to be developed and submitted with the monthly invoice.

Kickoff and Progress Meetings
Consultant shall organize and attend one (1) project kickoff meeting with the Department. Consultant shall schedule to attend a monthly coordination meeting with weekly project updates via email and/or telephone to discuss budget, schedule, and project issues. Attend coordination meeting with other project stakeholders and agencies. Expect minimum, two (2) progress meetings with the Department after the kickoff meeting (60 percent and 90 percent complete) to resolve any questions or issues. Record all meeting minutes and submit a copy of minutes to the Department within three (3) working days after each meeting. Describe the total assumed number of meetings and associated hours in the proposal. Project status conference calls will be held as needed to address any questions or clarifications needed. b. Prepare Preliminary Design Report
The selected firm prepare a draft and final preliminary design report that includes but not limited to design criteria, assumptions, site layouts, planning level cost estimates for the design, and timeline of design period. A review meeting with Department staff shall also be provided to review the draft report and preliminary layout sketches, design assumptions, design criteria and design options prior to issuance of the final preliminary design report. Assume five (5) hard copies of each report and one (1) electronic copy in PDF format of each report will be submitted. c. Prepare Technical Plans, Specifications, and Engineer’s Estimate The selected firm will develop a set of detailed design drawings, specifications, and estimates for this project for WWTP optimization. Plans, specifications and estimates shall be submitted to the Department for review at 60%, 90% and 100% design stages. The 60%, 90% and 100% submittals shall include five (5) sets of drawings, specifications, supporting documents, and engineer’s cost estimate for review.

Prepare detailed technical plans and specifications for the equipment that need to be purchase or replaced.
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6 Prepare a planning level cost estimate (at each design stage) for the installation and improvements. The estimate is to be based on recent and competitive winning bids for similar projects and will include an itemized list of tasks and quantities required for the work.
d. Bidding Assistance
Attend a pre‐bid meeting with interested contractors and Department staff at the beginning of the bidding process to discuss key issues in the technical specifications, and to answer all questions regarding, preliminary WWTP optimization design, schedule and other matters. During the bidding process, respond to bidder’s questions and prepare bid addenda as necessary. Once the bidding process is complete, review and evaluate all bids received and provide recommendations regarding contract award.

4. PROPOSAL REQUIREMENTS
Proposals should provide a straight-forward and concise presentation, adequate to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of contents.

Responsiveness to the RFP will be a principal basis for evaluation.

The proposal shall be submitted via email in pdf format and shall be organized in an easy‐ to‐follow layout. Proposals should be limited to thirty (30) 8½" x 11" pages (including the cover letter and resumes). Proposals must include, at a minimum, the following sections:

A. Cover Letter
A brief summary containing highlights of consultant’s proposed approach to the services described in the RFP, including a statement of its understanding of the project and services required, signed by an individual authorized to bind the proposing firm stating the firm has read and will comply with all terms and conditions of the RFP.

B. Background on Firm
A brief description of the firm including the size of the organization, location of offices, years in business, organizational chart, name of owner and principal parties, and titles of staff. Qualifications of individuals who will perform the work listed in the Scope of Work along with identification of the individual who will be the Department’s main contact.

If sub-consultant(s) are proposed, provide the name, address and telephone number of the sub-consultant, the type of work to be performed, and the percentage 527
7 of the total work of the proposal.

Submit the name(s) of specific staff to be assigned to this project. Provide a work history resume for each of the key personnel, including applicable training, licensing, and/or certifications, descriptions of similar work, dates, and duties performed by the individual on the projects.

C. Statement of Understanding and Approach
Provide a description of the methodology the firm will use to complete the Scope of Work as detailed in this RFP. Discuss and describe the firm’s experience working on similar projects and provide a statement of the services your firm feels differentiates your firm from others. Additionally, as a part of the summary, identify the responsibilities of the Department and the responsibilities of the firm.

D. Scope of Work
Provide details with specific task descriptions to demonstrate that the proposer has considered all aspects of the proposal and that the proposer will cover them thoroughly.

E. Project Schedule
Provide a project schedule with significant milestone events or deadlines.

Scheduling milestones should be concrete and achievable; however, they may be revised on approval of both parties. The City desires to complete the design drawing within 4 months upon being awarded.

F. References
Provide the following information for five (5) projects which are similar in scope to the project requested by this proposal:
• Name, address, and telephone number of the client
• Person to contact for references
• Time period of project and brief description of the services provided G. Additional Information
The Department has outlined the requirements of this project in as much detail as is currently known. Respondents may add information not requested in this RFP, but the information should be in addition to, not instead of, the requested information and format. Please provide any exceptions, additional information, or suggestions that will aid in the selection process (attachments are acceptable). Please keep these as brief as possible. This information should be included in the thirty (30) 528
8 pages allocated.

H. Cost Estimates of Consulting Fee
Each proposal shall include a cost estimate for providing services. Estimated costs must include all labor, materials, equipment, professional services, insurance, travel, profit, and all other costs and expenses for the proposed project with a total "not to exceed" amount.

A detailed man‐hour estimate by personnel classification for the major portions of the work broken down through each of the tasks. Provide sub‐consultant fee proposals if any. All current hourly fee schedules should be based on the consultant’s current fee schedule.

5. PROPOSAL SUBMISSION
The deadline for submitting a proposal is 3:00 pm on August 31, 2023. Any proposals received after this time will not be considered as eligible.

Proposal submittals shall comply with all conditions, requirements and specifications contained herein, with any departure constituting sufficient cause for rejection of the proposal at the City’s sole discretion. All submittals received shall become the property of City and will not be returned.

Proposals must be submitted electronically to: Saba Engineer, via email at:

[email protected] no later than 3 pm. on August 31, 2023. Please note, files larger than 15 MB may not be delivered.

6. EVALUATION CRITERIA
The City intends to engage the most qualified consultant available for this assignment.

Therefore, it is imperative that the consultant's proposal fully address all aspects of the RFP. Proposals submitted will be evaluated by a committee comprised of Department staff.

The committee’s evaluation will be based upon, but not limited to the following criteria:
• Past performance and qualifications of the proposed team members on similar projects (20 points).
• Familiarity with and capacity to handle all aspects of the work (15 points). • Ability to complete the project within an expedited time frame (10 points). • The proposed project approach, scope, manner, and thoroughness in which it is presented in the proposal (25 points).
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9 • Firm’s experience, staff availability and stability (15 points). • Consultant Fees (15 points).

The City will select the proposal that best meets its needs and no one criterion will be determinative. While cost is a key consideration, the City reserves the right to choose the best proposal, which may not be based on price. After evaluating the proposals, the City reserves the right to further negotiate the proposed work and/or method and amount of compensation. The consultant must clearly state the period of time for which the proposal will be valid. This period must not be less than ninety (90) days from the date of submittal.

The City shall not be liable for any pre‐contractual expense incurred by the consultant. The City exercises its discretion in selecting a firm or individual that presents the proposal that, in sole judgment of the City, best serves the interest of the City. The City reserves the right to waive minor irregularities in any proposal, reject any proposal that fails to meet the proposal requirements in any respect, to reject all proposals for any reason or to cancel in part or in its entirety the RFP.

The consultant selected will execute an Agreement for Professional Services (Agreement) with the City that will cover term, insurance, indemnity, task orders, and other global issues.

The City Agreement for Professional Services is attached (Exhibit B) for review and comments. Please indicate if the proposed agreement is acceptable to your firm and, if not, what specifically is not acceptable with your firm's proposed changes.

7. QUESTIONS & NON-MANDATORY SITE VISIT
All questions regarding this RFP shall be submitted by email to: Saba Engineer, via email at: [email protected] no later than 3 pm on August 25, 2023.

A non-mandatory site visit will be held on Thursday, August 17, 2023 at 10 am at 19101 Jonathan Street, Adelanto, California 92301 . Please email [email protected] to register no later than two days before the site visit.

8. GENERAL ADMINISTRATIVE INFORMATION
• Each respondent understands and agrees that the City, its departments, their officers, employees or agents shall not be liable for:
o Any costs incurred by a respondent in the preparation, delivery or presentation of a proposal.
o Any costs incurred by a respondent in meeting the criteria as a result of making or submitting a proposal or subsequently in entering into a formal agreement with the City; and
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10 o Any errors, inaccuracies or misstatements related to the information or data supplied to any consultant by the City. The use of such information or data provided by the City, its officers, employees or agents is intended to be used at the sole discretion and risk of the firm in the preparation of a proposal pursuant to this RFP only.
• The selected firm shall comply with any and all applicable Federal and State laws pertaining to employment.
• The City reserves the right to accept, reject, modify or cancel in whole or in part, this RFP.
• The City reserves the right to accept or reject any or all proposals, negotiate modifications to proposals that it deems acceptable, to request and consider additional information from any proposer, and to waive minor irregularities and technical defects in this proposal process. The City reserves the right to seek new proposals when it determines that it is in the best interest to do so.

9. TO WITHDRAW
The City reserves the right to withdraw this RFP without prior notice. The City makes no representation that any agreement will be awarded to any firm as a result of having responded to this request. The City expressly reserves the right to reject any and all proposals in response to this RFP without indicating a reason for such rejection. All costs incurred in the preparation of the proposal, submission of information and/or selection of a proposal prior to the award and/or execution of a signed contract shall be borne by respondent. All proposals submitted to the City in response to this RFP shall become the property of the City, shall be considered public information, and will not be returned.

10. ATTACHMENTS
Exhibit A –Current WWTP Site Location
Exhibit B – Sample Professional Services Agreement
Exhibit C – Technical Memorandum
Thank you for your interest in working with the City of Adelanto for this service. We look forward to receiving your proposal.
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EXHIBIT A
Current WWTP SITE LOCATION
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Location Map
19101 Jonathan Street
Adelanto, California 92301
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EXHIBIT B

CITY OF ADELANTO

PROFESSIONAL SERVICES AGREEMENT
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CITY OF ADELANTO

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT made and entered into this ____ day of ________, 2023, by and between the City of Adelanto, hereinafter called "City", and ____________________, hereinafter called the "Consultant".

RECITAL

1. Purpose
The purpose of this Agreement is to allow City to procure the service of a professional firm to provide _______________________________________for _______________(the “Project”).

TERMS AND CONDITIONS

2. Mission
City hereby retains Consultant in the capacity as Consultant for provision of services described in Exhibit A. Consultant hereby accepts such responsibility as described herein.

3. Terms
This Agreement shall commence as of the day and year first above shown and shall remain in full force and effect and ongoing until the completion of the Project, unless sooner terminated as provided herein.

4. Consultant Responsibilities
The Consultant represents and maintains that he and his employees are skilled in the professional calling necessary to perform all services, duties and obligations required by this Agreement to fully and adequately complete the Project. The Consultant shall perform the services and duties in conformance to and consistent with the highest level of skill and care generally recognized as being employed by professionals in the same discipline in the State of California, and the Consultant expressly warrants that the work to be performed pursuant to this Agreement shall be performed in accordance with that standard. The Consultant further represents and warrants to the City that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice his profession and to perform the services required by this Agreement, and that he shall keep all such licenses and approvals in effect during the term of this Agreement. Consultant shall obtain and maintain a City of Adelanto Business License during the performance of this Agreement.

In the performance of this Agreement, Consultant shall abide by and conform to any and all applicable laws of the United States, the State of California, the Adelanto Municipal Code and ordinances of the City. Consultant warrants that all work done under this Agreement will be in strict compliance with all applicable safety rules, laws, statutes, ordinances, regulations and practices. Where approval by the City or other representatives of the City is indicated, it is understood to be conceptual approval only and does not relieve Consultant of responsibility for complying with all laws, codes and industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or misconduct of the 535
Consultant or its sub-consultants or specialty contractors, if any.

Upon the request of the City Manager, or his/her designee, Consultant shall complete the work program described in each estimate submitted. Consultant commits the principal personnel listed below to the Project for its duration:

PROFESSIONAL
______________________________
______________________________

5. Replacement of Named Personnel
It has been determined that the individuals(s) named in this Agreement are necessary for the successful performance of this Agreement. No replacement of these individuals(s) shall be made by Consultant without written consent of City, which shall not be unreasonably withheld.

The consent of the City shall be given in writing within ten (10) days of the receipt of written notice from the Consultant of the intent to replace personnel. If City fails to respond to Consultant within ten (10) days of notification by Consultant, said personnel replacement shall be deemed approved.

6. Release of News Information
No news release, including photographs, public announcements or confirmation of same, of any part of the subject matter of this Agreement or any phase of any program hereunder shall be made without prior written approval of the City Manager or his/her designee.

7. Confidentiality of Reports
Consultant shall keep confidential all reports, information and data received, prepared or assembled pursuant to performance hereunder and that City designates as confidential. Such information shall not be made available to any person, firm, corporation or entity without the prior written consent of City.

8. Ownership of Documents
All draft and final reports, plans drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by Consultant in connection with the performance of services assigned to it by City shall become the sole property of City, and Consultant shall promptly deliver all such materials to City. At the City’s sole discretion, Consultant may be permitted to retain original documents, and furnish reproductions. If City uses such documents for any purpose other than for which they were prepared without Consultant’s prior written approval, City hereby waives any claims against Consultant and will hold Consultant harmless from any claim or liability for injury or loss arising from City’s unauthorized use.

Subject to applicable federal and state laws, rules and regulations, City shall hold all intellectual property rights to any materials developed pursuant to this Agreement. Consultant shall not use for purposes other than the performance of this Agreement, nor shall Consultant release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize 536
others to do so, without the prior written consent of City.

9. Prohibited Interests
Consultant maintains and warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement. Further, the Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

For breach or violation of this warranty, the City shall have the right to rescind this Agreement without liability, or, at its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

10. Conflict of Interest
For the term of this Agreement, no member, officer or employee of the City, during the term of his or her service with the City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

For purposes of this Agreement, Consultant shall be considered a “consultant,” subject to the reporting and disclosure obligations under the Political Reform Act (Government Code Sections 81000 et seq.), and City ordinances and resolutions adopted pursuant thereto.

11. Conflict of Employment
Employment by Consultant of personnel on the payroll of the City shall not be permitted in the performance of services under this Agreement, even though such employment may occur outside of the employee’s regular working hours or on weekends, holidays or vacation time.

Further, the employment by the Consultant of personnel who have been on the City’s payroll within one year prior to the date of execution of this Agreement, where this employment is caused by and or dependent upon the Consultant securing this or related agreements with the City, is prohibited.

12. Equal Employment Opportunity
The Consultant represents that it is an equal opportunity employer and it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, sexual orientation, physical or mental disability, special disabled veteran status, marital status, age, or any other protected classification. These principles are to be applied by Consultant in all employment practices including recruiting, hiring, transfers, promotions, training, compensation, benefits, layoffs and terminations. Consultant agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, and any other federal and state laws and regulations in effect or hereinafter enacted.

13. Drug Free Workplace
Consultant agrees to comply with the City’s Drug Free Workplace policy. 537

14. Compensation
During the term of this Agreement, City shall pay Consultant the fee described in Exhibit “A”, the program budget. Said compensation shall be considered full and complete reimbursement for all of the Consultant's costs associated with the services provided hereunder.

The maximum compensation for services, including all Consultant's costs, under the terms of this Agreement, shall not exceed the maximum of $_________.

Consultant shall be paid in accordance with City's standard accounts payable system.

Invoices shall be approved by the City Manager or his/her designee prior to payment.

Consultant shall perform the Project services in a prompt and timely manner which will allow the satisfactory completion of the Project within the time schedule required by the City. In the event that the Consultant determines that a schedule modification is necessary, the Consultant shall promptly submit a revised schedule for approval by the City. Performance of any services under this Agreement may be delayed by mutual written agreement of the parties. Upon such agreement, the Consultant’s schedule for completion of the tasks affected by such delay shall be extended as necessary by the City. The Consultant shall take all reasonable steps to minimize delay in completion, and additional costs, resulting from such extension.

15. Right to Audit
City or any of its duly authorized representatives shall have access to any books, documents, papers and records of Consultant and/or its subcontractors which are pertinent to the specific program hereunder for the purpose of making an audit, an examination, excerpts and transcriptions. All books, records and supporting detail shall be retained for a period of five (5) years after the expiration of the term of this Agreement, or any extension thereof, or for any longer period of time as required by law.

16. Audit Exceptions
Consultant agrees that in the event the program established hereunder is subjected to audit exceptions by appropriate audit agencies, it shall be responsible for complying with such exceptions and paying City the full amount of liability resulting from such audit exceptions.

17. City Support
City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to the services to be provided hereunder which are reasonably available to City.

18. Independent Contractor
Consultant shall perform the services as contained herein as an independent contractor and shall not be considered an employee of City or under City supervision or control. This Agreement is by and between Consultant and City, and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, between City and Consultant. Consultant shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, 538
including but not limited to, social security taxes, income tax withholdings, unemployment insurance, and workers’ compensation insurance.

19. Prevailing Wages
Consultant is alerted to the requirements of California Labor Code Sections 1770 et seq. which would require the payment of prevailing wages, where the services or any portion thereof are determined to be a public work, as defined therein. Consultant shall defend, indemnify and hold harmless the City, its officers, employees, consultants and agents from any claim or liability, including without limitation, penalties, interest and/or attorneys’ fees, arising from any failure or alleged failure of Consultant to comply with California Labor Code Sections 1770 et seq.

20. Conflict of Interest
Consultant represents, warrants and agrees that it does not presently have, nor will it acquire during the term of this Agreement, any interest direct or indirect, by contract, employment or otherwise, or as a partner, joint venture or shareholder (other than as a shareholder holding a one percent [1%] or less interest in publicly traded companies) or affiliate with any business or business entity that has entered into any contract, subcontract or arrangement with City. Upon execution of this Agreement and during its term, as appropriate, Consultant shall upon written request, disclose in writing to City, any other contractual or employment arrangement from which it receives compensation. Given that the services Consultant performs for City relate to economic development, Consultant agrees not to accept employment during the term of this agreement by any other person, business or corporation which employment is likely to directly develop a conflict of interest over a specific business attraction or retention effort.

21. Successor and Assignment
The services as contained herein are to be rendered by Consultant whose name is as appears first above written and said Consultant shall not assign nor transfer any interest in this Agreement without the prior written consent of City, which consent may be withheld for any reason or for no reason at all, in the City’s sole discretion.

22. Indemnification
Consultant agrees to indemnify, defend (upon request by City) and save harmless City, its elected and appointed officials, officers, agents and employees from and against claims of bodily injury, death, personal injury or property damage and related expenses (including attorney’s fees), arising from or connected with the services performed by or on behalf of Consultant by any person pursuant to this Agreement. The indemnification provision does not apply to professional (Errors & Omissions) liability.

23. Insurance
Without limiting Consultant's indemnification of City, Consultant shall procure and maintain at all times during the life of this Agreement, a program of insurance against claims for injuries to persons or damages to property which may arise from or in connection with performance of the work hereunder by Consultant, its officers, representatives, agents or employees. Consultant acknowledges that Section 3700 of the California Labor Code requires all employers to be insured against liability for 539
workers' compensation or undertake self insurance in accordance with the provisions of that Code Section. Consultant shall, prior to commencement of work pursuant to this Agreement, obtain all insurance required hereunder from a company or companies acceptable to City Manager.
a. Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001).

2. Insurance Services Office Form Number CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 (any auto).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Errors and Omissions liability insurance appropriate to Consultant’s profession.
b. Minimum Limits on Insurance
Consultant shall maintain limits of no less than:

1. General Liability: $1 million per occurrence for bodily injury, personal injury and property damage for products/completed, operations and any other activities undertaken by Consultant pursuant to this Agreement.

2. Automobile Liability: $1 million per accident for bodily injury, death and property damage insuring against liability arising out of the use of any vehicle.

3. Workers' Compensation insurance as required by the State of California.

4. Employer's Liability: $1 million per accident for bodily injury or disease.

5. Errors and Omissions Liability: $1,000,000 per occurrence insuring against any liability arising out of professional errors and/or omissions ("malpractice").

Modifications to the above noted minimum insurance limits may only occur upon concurrence of both parties to this Agreement, confirmed in writing by Consultant and City Manager.
c. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retention’s must be declared to and approved by City Manager. At the option of the City Manager, either:

1. The insurer shall reduce or eliminate such deductibles or self-insured retention’s as respects the City, its elected and appointed officials, officers, agents and employees; or
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2. The Consultant shall provide a financial guarantee satisfactory to the City Manager guaranteeing payment of losses and related investigations, claim administration and defense expenses.
d. Other Insurance Provisions - Commercial General and Automobile Liability The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its elected and appointed officials, officers, agents and employees are to be covered as insured with respect to:
(i) liability arising out of work or operations performed by or on behalf of the Consultant; or
(ii) automobiles owned, leased, hired or borrowed by the Consultant.

2. For any claims related to Consultant's services rendered pursuant to this Agreement, the Consultant's insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, officers, agents and employees. Any insurance or selfinsurance maintained by the City, its elected and appointed officials, officers, agents and employees shall be excess of the Consultant's insurance and shall not contribute with it.

3. Each insurance policy required by the clause shall be endorsed to state that coverage shall not be reduced or canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City Manager.

4. Consultant's insurance shall specify that:
(i) it applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; (ii) any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided;
(iii) the insurer waives all rights of subrogation against any of the named additional insured; and
(iv) all costs of adjusting and/or defending any claim against any insured, including court costs and attorney's fees, shall be paid in addition to and shall not deplete any policy limits.
e. Other Insurance Provisions - Workers' Compensation and Employer's Liability The following provisions apply to Consultant's workers' compensation and employer's liability insurance:

1. Such policies may be subject to deductible or retention in an amount acceptable to the City Manager.
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2. If a "claims made" policy is provided, such policy shall be maintained in effect from the date of performance of work or services hereunder until three (3) years after the date the work or services are accepted as completed. Coverage for the post-completion period may be provided by renewal or replacement of the policy for each of the three (3) years or by a three (3) year extended reporting period endorsement which reinstates all limits for the extended reporting period. If any such policy and/or policies have a retroactive date, that date shall be no later than the date of first performance of work or services hereunder. Renewal or replacement policies shall not allow for any advancement of such retroactive date. Each such policy or policies shall include a standard "notice of circumstances" provision. f. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless the City Manager approves, in writing, insurers with a lower A.M. Best rating. g. Verification of Coverage
Consultant shall furnish the City Manager with original certificates and amendatory endorsements effecting coverage required by this clause. The Endorsements should be on forms provided by the City Manager or on other than City's forms provided those endorsements conform to the requirements of the City Manager. All certificates and endorsements are to be received and approved by the City Manager before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. Notwithstanding the above, if the life of this Agreement shall extend beyond one (1) year, Consultant shall provide City with certificate, amended endorsements or complete certified copies of required insurance policies evidencing renewal of the required policies of insurance prior to beginning of any subsequent year of services pursuant to this Agreement.
h. Failure to Provide or Maintain Insurance
Failure on the part of Consultant to procure or maintain required insurance shall constitute a material breach of this Agreement upon which City may immediately terminate this Agreement.

24. Compliance with Laws
The parties agree to be bound by applicable federal, state and local laws, regulations and directives as they pertain to the performance of this Agreement.

25. Non-Discrimination
In the fulfillment of the program established under this Agreement, either as to employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other terms of compensation, selection for training, including apprenticeship or participation in the program or the receiving of any benefits under the program, Consultant agrees not to discriminate nor to allow any subcontractor to discriminate on the basis of race, color, creed, religion, natural origin, ancestry, sex, age, marital status or physical disability.

26. Severability
542
In the event that any provision herein contained is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision contained herein.

If any such provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law.

27. Interpretation
No provision of this Agreement is to be interpreted for or against either party because that party or that party's legal representative drafted such provision, but this Agreement is to be construed as if it were drafted by both parties hereto.

28. Entire Agreement
This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the retention of Consultant by City and contains all the covenants and agreements between the parties with respect to such retention.

29. Waiver
No breach of any provision hereof can be waived unless in writing. Waiver of any one breach of any provision shall not be deemed to be a waiver of any other breach of the same or any other provision hereof.

30. Contract Evaluation and Review
The ongoing assessment and monitoring of this Agreement is the responsibility of the City Manager or his/her designee.

31. Termination
This Agreement may be terminated by either party by giving written notice at least ten (10) days prior to the effective termination date in the written notice.

32. Notice
Notices, herein shall be presented in person or by certified or registered U.S. mail, as follows:

To Consultant: ________________________
________________________
________________________
________________________
To City: City of Adelanto
11600 Air Base Road
Adelanto, CA 92301
Attn.: City Manager
Nothing in this paragraph shall be construed to prevent the giving of notice by personal 543
service.

33. Entire Agreement
This Agreement with attachments constitutes the entire understanding and agreement of the parties.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above shown.

CONSULTANT
By:

Title:

APPROVED AS TO FORM: CITY OF ADELANTO
By: By: ____________________________
City Attorney Mayor
Attest:

By: ________________________
City Clerk
544

EXHIBIT C
Technical Memorandum
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
564
565
566
EXHIBIT “B”

CONSULTANT PROPOSAL
567
568
B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT contents COVER LETTER ..................................................................................... 1

BACKGROUND ON FIRM
About PACE ............................................................................................................... 2 Organization Chart ...................................................................................................3 Resumes .................................................................................................................. 4

STATEMENT OF

UNDERSTANDING AND APPROACH
Project Understanding ...........................................................................................15 Project Approach ....................................................................................................16 Key Qualifications ...................................................................................................16 Responsibilities of Department and Company ........................................................17 SCOPE OF WORK ............................................................................18 PROJECT SCHEDULE ................................................................. 23 REFERENCES ....................................................................................... 24 COST ESTIMATES ............................................................................ 27 569
August 31, 2023
Saba Engineer, City Engineer
City of Adelanto | 11600 Air Expressway – Adelanto, CA 92301 Dear Saba,
PACE understands the City of Adelanto is seeking professional engineering design services to implement process improvements to the Adelanto Wastewater Treatment Plant (WWTP) that will increase capacity to accommodate additional near-term development within the City’s collection system. PACE is proposing to perform design services drawing from our strong understanding of the existing facility’s strengths and weaknesses and cost-effectively deliver maximum additional treatment capacity.

We propose to include the same key team members that performed the design of the most recent capacity expansion from 1.5 MGD to 3.0 MGD AADF and the recent Process Performance Optimization Study to ensure a seamless execution of the improvement recommendations that are the basis for the project. We have worked with the City’s current contract operations staff (PERC Water) on over 50 treatment plant projects as both their lead design engineer and in support of operational optimization and O&M services. This gives us unique insight into what the plant needs and how best to gain more capacity through process improvements and optimization. Additionally, our internal I&C group has extensive experience with the control and instrumentation currently in use at the facility, which will allow us to quickly and accurately describe the automation work to be done.

Our project execution strategy also focuses on active listening to City staff and plant operators to ensure the design addresses all project goals. Additionally, we believe design cost and project delivery time can be reduced if the deliverables are adjusted from three to two submittal milestones of 75% and Final. Our enclosed proposal also includes optional Additional Services tasks that were not specifically requested, but we believe will benefit the project, including Permitting Services, Technical Services During Construction, Performance Based Equipment Selection, and Instrumentation & Controls Services.

As Principal/Project Manager for this project, I will be involved with the day-to-day needs of the project and be the primary contact to the City staff, just as I have been on previous plant projects. I am authorized to bind PACE to the City’s contract, and I have read and will comply with all terms and conditions of the RFP. Please contact me directly to further discuss our proposal. We look forward to supporting the City’s efforts to have the best possible water reclamation plant possible for the City.

Sincerely,
Re: Professional Engineering Services Related to the Design Services for City of Adelanto Wastewater Treatment Plant Optimization  Follow findings from the Process Performance Optimization Study and extensive historical facility operations understanding for seamless project execution.
 Consider employing a performance-based specifications process at the preliminary design level to gain competitive bids on key equipment and accelerate equipment delivery to avoid lead-time delays during construction.
 Draw from significant current understanding of construction costs to develop accurate estimates.
 Identify value engineering opportunities to further reduce capital and/or operations costs.

THE KEY ELEMENTS OF OUR PROJECT DELIVERY APPROACH INCLUDE:

James Matthews, PE
Principal / Sr. Project Manager
mobile: (714) 514-8857 office: (714) 481-7221 e-mail: [email protected] 17520 Newhope Street, Suite 200 - Fountain Valley, CA 92708 570
B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT

BACKGROUND

ON FIRM
571
BACKGROUND ON FIRM // 2
B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT

BACKGROUND ON FIRM
Pacific Advanced Civil Engineering, Inc. (PACE) is a
specialized civil engineering firm offering advanced
water resource services. We offer a wide range of
engineering services related to water, wastewater,
stormwater management and water resource permitting
and regulatory compliance to ensure projects are both
economically viable and environmentally sustainable.

PACE staff members include licensed professional
engineers with PhDs, scientists, university instructors and policy-makers in the water resource arena.

In the last 10 years alone, PACE has
performed design on more than 40
advanced wastewater treatment
facilities.

We offer in-house advanced modeling capabilities, a water quality laboratory and piloting facility for use on projects to ensure designs are functional and operable in practice.

PACE has experience designing and permitting a wide
range of process technologies, based on project needs.

ABOUTPACE
Unique
Approaches to
Minimize Footprint &
Plant Odors
Project
Management that
Produces Real-World
Cost Estimates
Cost Eective
Phasing Based
on Life Cycle
Objectives
Senior Sta
Direct Involvement
in Design
Hands-On
with Construction
Background
Engineers
that are Licensed
Operators
Value-Added
Wastewater
Treatment
Solutions
$
PACE IS EXPERIENCED IN ALL AREAS OF WASTEWATER TREATMENT INCLUDING:

PACE has designed hundreds of treatment facilities for municipalities and land developers in both traditional designbid-build and design-build settings. Our experience is not only with design-related tasks, but also with construction and operation of our treatment facility designs, allowing us to consistently provide practical engineering solutions at or below established project budgets. Treatment facility experience includes wastewater, stormwater and potable water, as well as advanced water recycling of highly contaminated waste streams such as irrigation tailwater and produced water from fracking operations.

Advanced Treatment Focus
 Wastewater treatment facility planning and design for new facilities and expansions
 Wastewater quality assessment, treatment development, and planning
 Advanced treatment using RO, MBR, Ion Exchange, and
proprietary process systems
 Permitting for Title 22 (CA) unrestricted reuse, NPDES discharge and groundwater recharge projects
 Complex remote and local SCADA systems
 EPA 503 Class A and B bio-solids reuse processing, dewatering and permitting
 Sewage collection and reclaimed water distribution systems  Energy efficiency audits, renewable power and cogeneration  Treatment process optimization
 Value engineering
572
BACKGROUND ON FIRM // 3
B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT James Matthews, PE
Phone: (714) 481-7221
Email: [email protected]

KEY CONTACT
SR. CAD DESIGNER
Thomas Gutierrez
SR. INSTRUMENTATION
& CONTROLS SPECIALIST
Ernesto Camarena
SR. ELECTRICAL

ENGINEER
Juergen Nick, PE
SR. PROJECT

ENGINEER
Robert Murphy, PE

PRINCIPAL / PROJECT MANAGER
James Matthews, PE

PROJECT TEAM

ORGANIZATION CHART
Firm Organization Chart
OWNERS
AND

PRINCIPALS
Cory Severson, PE Chief Executive Officer
Mark E. Krebs, PE President/Chief Financial Officer/
Secretary
James Matthews, PE Sr. Vice President
Andrew Komor, PE Sr. Vice President
Gary Tolosa Chief Technology Officer
Mike G. Krebs, PE Vice President
Michelle Hoalton, MBA, CPSM Vice President
Duong Do, PE, F.ASCE Vice President
Duncan Lee, PE Vice President
Elizabeth Yang, MS Vice President
Andrew Ronnau, PE, PhD Vice President
Jose Cruz, MS, PE, QSD Vice President
Zirang Song, MS, PE Vice President
Tony Howze Vice President
Ron Rovansek, PE, PhD, LEED AP Vice President
Dianne Lora Vice President
Robert Murphy, PE Sr. Project Manager
Jacob Peterson, PE Sr. Project Manager
Ernesto Camarena
Sr. Instrumentation and Controls Specialist
Tom Gutierrez CAD Production Manager
Employees (approx.)
Incorporated Year 1987 / State of California
Official Name
Pacific Advanced Civil Engineering, Inc. (PACE)
Office Locations
Fountain Valley, CA (headquarters) | Scottsdale, AZ
95 573
BACKGROUND ON FIRM // 4
B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT

EDUCATION
BS Civil Engineering
San Diego State University, 1994

YEARS OF EXPERIENCE
31 Years
Joined PACE in 1994
Prior - 2 years with City of San Diego
Water Production Engineering Division

REGISTRATIONS
Professional Engineer / AZ – 1999 / 34090
Professional Engineer / CA – 1997 / C57446
Professional Engineer / CO – 2018 / 0054243
Professional Engineer / FL – 2009 / 69722
Professional Engineer / HI – 2009 / 13718
Professional Engineer / ID – 2004 / 11229
Professional Engineer / NM – 2004 / 16491
Professional Engineer / NV – 2021 / 028755
Professional Engineer / TX – 2018 / 132370
Professional Engineer / UT – 2020 / 11893246-2202
Professional Engineer / VA – 2005 / 040716
NCEES 18-931-54
Wastewater Treatment Operator
Certification: 1997 / WW023812

AFFILIATIONS
American Water Works Association (AWWA)
Water Environment Federation (WEF)

PUBLICATIONS
EPA’s Small Flows Quarterly:
“Hybrid Sequencing Batch Reactors”
Santa Margarita Water District: “Advanced Processes for Water Reuse”
City of Lathrop: Title 22 Recycled Water Training Program PEARL Education Program: Electrical Power and Control
Systems
principal /
sr. project manager
James
Matthews,
PE
James Matthews is highly regarded in the wastewater, water, recycled water, and stormwater industries for his tremendous wealth of practical knowledge and ability to use old and new technologies, hands-on experience, and research to produce value for his clients and their projects. Mr. Matthews has created designs for a multitude of award-winning projects, saving capital and operation costs, reducing construction schedules, and minimizing operation and maintenance needs on reservoirs, pump stations, and water & wastewater treatment facilities, by implementing creative ideas and concepts. As both a licensed engineer and wastewater treatment operator, Mr. Matthews is a technical expert in infrastructure engineering design, construction, and operations. He has particular experience reviewing, troubleshooting, and renovation on over 250 projects in the US, Canada, and Central America. However, his expertise is not limited to just water resources; having a wealth of knowledge in electrical, controls, and instrumentation.

He has personally fabricated, programmed, and installed a multitude of custom control systems, which included PLC/PAC programming, radio telemetry, and Supervisory Control and Data Acquisition (SCADA) systems for numerous water, wastewater and co-generation projects.

RELATED EXPERIENCE
City of Adelanto Treatment Plant Evaluation, Improvements and Capacity Expansion – Adelanto, CA (2022 – 2023) As the Project Manager/Principal, Mr. Matthews led the engineering design of new infrastructure and an improvement plan to the existing Parkson Biolac® WWTP. Based on the improvements he designed, the plant regained the original capacity, as well as increased the rated capacity to 4.0 MGD. New plant infrastructure includes screening and washing systems in the headworks, three 200 HP Aerzen air-bearing turbo blowers and new aeration equipment in the existing secondary basins, two new 70’ diameter circular clarifiers, a RAS/WAS pump station, and new internal recycle pumping on the biological process. Modifications were made to the existing effluent filters and chlorine contact basin to produce full Title 22 compliant recycled water. Improvements were also made to the solids handling to reduce cake volumes and improve dewatering performance. Recently, Mr. Matthews also led an evaluation to determine strategies for expanding its treatment capacity including performing a pilot testing program that ran from January to March 2023 to confirm the proposed modifications would achieve the capacity increase, and the testing was deemed successful in demonstrating these modifications would expand the MMDF capacity.

Tuolumne Utilities District Sonora Regional WWTP Upgrades – Sonora, CA (2019 – 2023) The Sonora Regional Wastewater Treatment Facility (SRWWTF) owned by Tuolumne Utilities District was constructed in 1974 and permitted to handle 2.6 MGD (million gallons per day) average dry weather flow rate.

This facility also receives septage from Tuolumne County. In recent years, the treated water quality was observed from district operational staff and seasonal variation on biomass growth was noticed on trickling filters. Based on the treatment plant discharge permit, treatment scheme should achieve a 30- day average BOD and TSS (Total suspended solids) levels of less than 30 mg/L. However, summer operations in tricking filters followed by secondary clarification demonstrated a reduction in system performance specifically in BOD and TSS reduction. Mr. Matthews served as the Principal / QA/QC leading to concepts to retrofit the existing open pond into Parkson “Biolac®” basins containing modern swing air diffusers with hydraulic retention times of 24-36 hours, with more efficient waste processing and flexibility with varying inflows. This upgraded Biolac® system freeboard in the secondary process allows equalization of flows within the basin, eliminating the need for offline equalization, as well as providing the ability to treat lower flows when the basin level was decreased intentionally. As a result, this new process will enhance processing capacity, performance, efficiency, and optimization.

Show Low Wastewater Treatment Plant Evaluation and Expansion – Show Low, AZ (2014 – 2016) The City of Show Low commissioned PACE to evaluate, design and assist in implementing the most appropriate and cost-effective solutions to upgrade and expand the City’s existing WWTP. The new WWTP utilizes an Extended Aeration Activated Sludge (EAAS) process to produce effluent quality that can meet AZ Title 18 BADCT effluent limits. In addition to the new treatment process, a key component to meeting and maintaining consistent effluent quality is the WWTP process control. The facility also includes three 150 HP Aerzen air-bearing turbo blowers designed to provide process air to the Biolac® process basins with full redundancy. Each blower is equipped with 574
BACKGROUND ON FIRM // 5
B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT PRINCIPAL / SR. PROJECT MANAGER – James Matthews, PE
RELATED EXPERIENCE CONT. variable frequency drives (VFD) controlled by the blower’s integrated programmable logic controller (PLC). Mr.

Matthews served as the Principal QA/QC and Instrumentation & Controls Lead Engineer to program and integrate the PLC controls and SCADA for the WWTP. Since the WWTP new process requires constant flow and level control in order to maintain proper treatment, a network of PLCs, field instrumentation and SCADA was implemented that allows for tight controls of the process with minimum onsite supervision. The communication network between the Biolac® process, the WWTP Master PLC, and the blowers allows for precise air flow to the treatment process, improving process and energy efficiencies.

City of San Clemente WRP Blower Replacement – San Clemente, CA (2012 – 2014) Mr. Matthews was the Principal/Project Manager overseeing the engineering design, construction management, and instrumentation & controls integration on four major upgrade projects to the City’s 7.0 MGD wastewater reclamation facility. The projects included an automated sludge dewatering and truck loading facility, replacement of the main aeration blowers with two new 200 HP high-speed turbo blowers and reprogramming of the automatic DO control system, rehabilitation of the City’s Main Pump Station and a replacement and automation of all three (primary, secondary and digested) solids process pumping systems. Specifically, for the blower replacement project, Mr. Matthews was responsible for the preliminary design, equipment selection / procurement, final design and integration of the new blower system within the City’s existing DO control system. Once commissioning begun, it was apparent that the current DO control system required a significant programming overhaul to optimize the system, improve aeration efficiency and lower power consumption. PACE’s in-house Controls & Instrumentation achieved an over 15% reduction in the plant’s overall power use, reducing annual energy consumption by over 650,000 kW/hrs per year and reducing demand charges by 75 kW per month, netting $130K in annual energy savings.

Las Virgenes Municipal Water District Tapia Water Reclamation Facility Blower and Aeration Equipment Improvements – Calabasas, CA
(2016 – 2019) Mr. Matthews served as the Principal for the design and design support during construction for numerous projects at the Tapia Water Reclamation Facility (WRF), Rancho Las Virgenes Composting Facility, and other District Facilities for the Las Virgenes Municipal Water District (District). The District wanted to improve the efficiency and reduce operational costs of the existing 12 MGD Tapia Water Reclamation Facility by implementing new blower and aeration equipment which improves energy and operational efficiency while reducing maintenance costs.

Mr. Matthews oversaw the evaluation of the existing conditions, including the existing treatment process, blower performance, as-built drawings, construction submittal data, O&M manuals and SCADA data (DO Profiles) as well as spent time with the Operations Staff to better understand the challenges and identify any ancillary issues. PACE prepared a Preliminary Engineering Report (PER) to identify the Basis of Design for the Process Air System based on treatment flow and load conditions, effluent requirements and treatment process configurations that will maximize efficiencies and minimize power cost while improving effluent quality.

Mountain House Water Reclamation Facility Expansion – Tracy, CA (2018 – 2023) Mr. Matthews served as the Engineer-of-Record and Principal Engineer for the expansion/ replacement of an existing 0.45 MGD treatment facility for the Mountain House Community Services District.

The project included the design of a 3.0 MGD Tertiary Water Recycling Facility capable of meeting Title 22 – 2.2 Unrestricted Reuse effluent requirements as well as NPDES permit requirements for discharge to the Sacramento Delta at Old River. The upgraded facility utilizes a three-tank hybrid Sequencing Batch Reactor (SBR) process for biological oxidation and secondary clarification which occupies approximately 2.4 acres of land as opposed to the 23 acres of land used by the existing plant. Tertiary treatment is accomplished through biological nutrient removal in the SBR, Aqua-Disk filtration, and an advanced NWRI certified UV disinfection system. He is currently serving as Principal QA/ QC for the Phase III expansion to 5.4 MGD average dry weather flow which converts the secondary treatment process to an MBR.

City of Santa Paula Advanced Water Treatment and Recycling Facility – Santa Paula, CA (2008 – 2010) The Santa Paula Advanced Water Treatment and Reclamation Facility features all-enclosed treatment with common-wall design and creative redundancy features. The design, permitting, and construction of this 4.2 MBR facility was completed in 18 months through a design-build-operate-finance (DBOF) delivery method where PACE served as the engineer-of-record. Mr. Matthews served as the Project Manager for the design of this facility which includes a 17 MGD influent lift station, twin progressive coarse-grit-fine screening headworks, two-stage surge attenuation basins, three activated sludge - biological nutrient removal trains, six hollow-fiber membrane separation trains, and a National Water Research Institute (NWRI) compliant UV disinfection system. The facility also features three 200 HP, five 100 HP, and three 75 HP Aerzen air-bearing turbo blower units and ultra-fine bubble aeration, which reduced the overall energy consumption by 15-20%. 575
BACKGROUND ON FIRM // 6
B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT PRINCIPAL / SR. PROJECT MANAGER – James Matthews, PE
RELATED EXPERIENCE CONT. Somerton Wastewater Treatment Plant Upgrade – Somerton, AZ (2009 – 2011) Mr. Matthews served as Principal Engineer and Senior Process Designer in the City of Somerton for the expansion of an existing 0.8 MGD SBR treatment facility. Under Mr. Matthews direction, the project was re-evaluated from a simple copy of the existing 4-tank SBR, providing a total of 1.6 MGD, to converting the SBR tanks into a 4-stage Barden Pho process, providing 1.8 MGD capacity. The alternative provides the City with 10 to 15% more capacity at a cost savings of nearly 30% over the original SBR expansion. To optimize energy savings, several energy efficiency measures (EEMs) were designed, including blower optimization with the installation of three 150 HP and two 50 HP new high-speed Aerzen air-bearing turbo blowers and diffuser optimization with the installation of high-efficiency ultra-fine bubble membrane diffusers. Overall, the BardenPho system consumes approximately 20% less energy, reduces energy demand charges by 70% and produces equal or better effluent quality. The facility design also included a new two-story solid dewatering complex which consisted of twin 60 gpm Huber screw presses, new polymer injection systems and new solids feed pumping equipment.

City of Lathrop Advanced Water Treatment and Recycling Facility Expansion – City of Lathrop, CA (2015 – On-going) As QA/QC Principal, Mr. Matthews provided design guidance and quality assurance oversight for the design of the expansion of the Lathrop Consolidated Treatment Facility, an MBR wastewater treatment facility, for the City of Lathrop, California. The existing facility was 1.0 MGD and the expanded capacity was determined as part of the assessment and preliminary design stage and was estimated to be 2.5 MGD with an ultimate build-out capacity of 6.0 MGD. The facility expansions included three 100 HP and five 50 HP Neuros air-bearing turbo blowers.

These blowers support a four-basin aeration system with mostly open valve control which minimizes pressure and electricity use by maintaining valves in their most open state. There are multiple modes of operation for various flow conditions so that all discreet flow demands can be met without gaps. Mr. Matthews also led the instrumentation and controls integration for the facility.

Burbank WWTP Process and Control Upgrades – Burbank, CA (2015 – 2016) Mr. Matthews was the Principal in Charge / Project Manager of a technical blower performance evaluation of the existing aeration system which identified that replacing the three multi-stage Lamson centrifugal blowers with smaller, high-speed single-stage turbo units would reduce the power consumption of the aeration system by over 22%. PACE implemented Performance-based Specifications for the evaluation of the blowers, which resulted in the selection of three 300-HP APG-Neuros NX300 high efficiency turbo blowers. The performance specifications RFP process prepared by PACE resulted in about 40% reduction in capital cost for the new blowers. PACE proceeded to provide engineering design plans and control integration services for the installation of the new blowers.

Riverside Regional Water Quality Control Plant – Blower No. 2 Replacement - Riverside, CA (2017 – 2019) As the Principal / QA/QC, Mr. Matthews oversaw the City of Riverside’s Regional Water Quality Control Plant (RWQCP) Blower No.2 Replacement Project to replace of one of the existing blowers with a new 600 HP Dual Core, Single Stage High-Speed Turbo blower. The design plans included the demolition of mechanical and electrical infrastructure, structural foundation improvements for the new blower’s housekeeping pad, modifications to the mechanical piping and air intake/filtration system, and electrical improvements. Additionally, the improvement design included modifications to the existing complex fiber optic Ethernet and ModbusPlus communication network to allow for control and monitoring of the new blower in unison with the existing DO control program and the other remaining Turblex blowers.

El Toro Water District Water Recycling Plant Aeration Blower Upgrade – Lake Forest, CA (2011 – 2012) Based on several preliminary evaluations conducted by blower manufacturers, Mr. Matthews served as the Principal / QA/QC for the evaluation of the existing plant aeration system to determine if replacement of the existing 100 HP rotary lobe blower would provide reduced energy consumption sufficient to provide a payback in less than 5 to 7 years. During the evaluation, PACE concluded that separating some of the multiple process components supplied by the single blower would significantly reduce power usage as well and improve overall plant efficiency. The team further recommended a combination of blower technologies which would provide a capital payback of less than 4 years. The new blowers consist of one 400 HP ABS – Sulzer Mag Bearing Turbo blower and two 75 HP Neuros Air-Bearing Turbo blowers.

Chumash Water Reclamation Facility Expansion – Santa Ynez, CA (2014 – 2015) As the Principal / Project Manager, Mr. Matthews oversaw the development and implementation of the expansion plan for the Chumash WRF from 98,000 GPD to a 193,000 GPD MBR facility. Mr. Matthews oversaw the design of the MBR treatment system and upgrades to the existing facility as part of the expansion including two new fine screens for removal of solids from influent wastewater, the expansion of the flow equalization tank by hydraulically linking the existing flow equalization tank to the existing transfer tank, retrofit of the existing reactors to provide an anoxic zone, aeration zone, and post anoxic zone, and the design of recirculation equipment to ensure proper biological conditions. The facility upgrades included three 60 HP and two 30 HP Aerzen Rotary Lobe blowers. 576
BACKGROUND ON FIRM // 7
B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT

EDUCATION
BS Civil Engineering
California State University, Long Beach, 2007

YEARS OF EXPERIENCE
17 Years
Joined PACE in 2006

REGISTRATIONS
Professional Engineer / CA– 2014 / C83207

AFFILIATIONS
Water Environment Federation (WEF)
American Society of Civil Engineers (ASCE)

PUBLICATIONS
Peterson, J.D., Murphy, R.R., Jin, Y., Wang, L., Nessl, M.B., Ikehata, K. (2011) Health effects associated with wastewater treatment, reuse, and disposal. Water
Environment Research 83:10, 1853-1875
sr. project
engineer
Robert
Murphy,
PE
Robert Murphy has Civil Engineering experience spanning back to 2006. His experience includes design of wastewater treatment plants, sewer / stormwater / potable / reclaimed pump stations, water treatment and storage design. Mr. Murphy has developed several equipment performance-based equipment specifications for process equipment selection prior to design, and the creation of operation and maintenance manuals for several wastewater and water conveyance and treatment systems and facilities. He has also served as the resident engineer for the construction of several wastewater treatment facilities, water distribution, and sewer collection and pump station projects. Mr. Murphy is adept in coordinating project plans, specifications, and reports with multiple consultants to obtain an efficient buildable and operable system.

RELATED EXPERIENCE
Tuolumne Utilities District Sonora Regional Wastewater Treatment Plant – Sonora, CA (2019 – 2023) Mr. Murphy served as the Project Manager for the upgrade design of the 2.6 MGD Average Daily Flows (ADF) Sonora Regional Wastewater Treatment Plant (SRWWTP) to address the facility’s declining effluent performance. To improve the facility’s functionally and performance, PACE performed design upgrades to increase the capacity to 5.0 MGD of Max Day Flows (MDF) and 10.0 MGD Peak Hour Flows (PHF) treated by a new headworks, primary screening and grit removal, new dual-train extended aeration activated sludge (EAAS) basins, new secondary clarifiers, new chlorine disinfection system, new effluent disk cloth filters and a new sludge dewatering facility. The grit removal system consists of a continuously operated vortex style chamber, consisting of a larger diameter upper separation chamber and lower collections sump.

Show Low Wastewater Treatment Plant Evaluation and Expansion – Show Low, AZ (2014 – 2016) Mr. Murphy was the Sr. Project Engineer and coordinated the engineering design for a complete WWTP overhaul design project for the City’s expanded 2.5 MGD facility in response to aging equipment, operational challenges, and new governing agency compliance measurements. Upgrades to the City WWTP process included new high-speed turbo blowers, headworks equipment, a new secondary treatment and clarification process, new aeration equipment, and new sludge dewatering equipment. The three 150 HP Aerzen air-bearing turbo blowers were designed to provide process air to the Biolac® process basins with full redundancy. Each blower is equipped with variable frequency drives (VFD) controlled by the blower’s integrated programmable logic controller (PLC). The communication network between the Biolac® process, the WWTP Master PLC, and the blowers allows for precise air flow to the treatment process, improving process and energy efficiencies. Mr. Murphy prepared, solicited and evaluated all of the major equipment system performance-based specifications, which allowed for a significant reduction from original quotes the City had received. Following equipment evaluation and selection, Mr. Murphy developed plans and specifications, and served as the head construction administration engineer during construction.

City of San Clemente Water Reclamation Facility Blower Replacement – San Clemente, CA (2012 – 2014) Mr. Murphy was the Sr. Project Engineer or Project Manager and coordinator of the engineering design for several plant improvement projects on the City of San Clemente’s 7.2 MGD facility in response to aging equipment and operational challenges. For the blower replacement project, Mr. Murphy performed preliminary design, equipment selection / procurement using performance-based specifications, final design and integration of the new blower system within the City’s existing DO control system. The new blower system produced a 15% reduction in the plant’s overall power use, reducing annual energy consumption by over 650,000 kW/hrs per year and reducing demand charges by 75 kW per month, netting $130K in annual energy savings.

Las Virgenes Municipal Water District Tapia Water Reclamation Facility Blower and Aeration Equipment Improvements – Calabasas, CA
(2016 – 2019) Mr. Murphy served as Sr. Project Engineer for the evaluation, design and permitting services of new blower and aeration equipment to improve energy and operational efficiency while reducing maintenance costs. The blowers were upgraded to three 400 HP ABS-Sulzer Mag Bearing Turbo blowers. He developed Performance-Based Specifications to evaluate major equipment, which helped reduce more than $300,000 in capital cost for the aeration project alone. He also coordinated permitting assistance to the District that included CEQA Determination and South Coast AQMD Air Permitting.
577
BACKGROUND ON FIRM // 8
B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT SR. PROJECT ENGINEER – Robert Murphy, PE
RELATED EXPERIENCE CONT. Mountain House Water Reclamation Facility Expansion Phase III – Mountain House, CA (2018 – 2023) Mr. Murphy is currently serving as the Sr. Project Engineer for the Mountain House Water Reclamation Facility Phase III expansion from 3.0 MGD to 5.4 MGD average dry weather flow. The expansion converts the secondary treatment process to a membrane bio-reactor to meet the existing waste discharge requirements and also comply with California Title 22 Recycled Water Requirements for unrestricted reuse. As part of the conversion, PACE designed the facility around use of existing infrastructure. This includes repurposing and subdividing the existing SBR process tanks into anoxic, oxic, and post-anoxic tanks prior to feeding the new MBR facility. The design also incorporates the existing UV channel system for tertiary treatment with the modified and expanded facility. The blowers upgrade included five 150 HP and three 100 HP Atlas Copco Hybrid Screw blowers and five 60 HP Aerzen Positive Displacement blowers.

Adelanto Wastewater Treatment Plant Upgrades – Adelanto, CA (2022 – 2023) Mr. Murphy was the Project Engineer for the City of Adelanto WWTP Improvement Plan and provided process, mechanical, and civil design. The WWTP receives an average flow of 1.8 MGD, of which only 0.5 MGD was able to be treated prior to the upgrades. PACE evaluated the existing facility and recommended new infrastructure and rehabilitation of the existing systems to not only regain the original plant capacity, but to increase the rated capacity to 4.0 MGD. New plant infrastructure includes screening and washing systems in the headworks, three 200 HP Aerzen air-bearing turbo blowers and new aeration equipment in the existing secondary basins, two new 70’ diameter circular clarifiers, a RAS/WAS pump station, and new internal recycle pumping on the biological process. Modifications were made to the existing effluent filters and chlorine contact basin to produce full Title 22 compliant recycled water.

Improvements were also made to the solids handling to reduce cake volumes and improve dewatering performance.

City of Lathrop Advanced Water Recycling Facility Expansion – Lathrop, CA (2015 – On-going) As Sr. Project Engineer, Mr. Murphy developed and coordinated process design, and plan preparation for the expansion of the Lathrop Consolidated Treatment Facility, an MBR wastewater treatment facility, for the City of Lathrop. The existing facility was 1.0 MGD and its expanded capacity is 2.5 MGD with an ultimate build-out capacity of 6.0 MGD. The facility expansions included three 100 HP and five 50 HP Neuros air-bearing turbo blowers and fine bubble aeration diffuser system, as well as upgrades and improvements to the existing chlorine contact basin and its associated equipment. The blowers support a four-basin aeration system with a mostly open valve control which minimizes pressure and electricity use by maintaining valves in their most open state. There are multiple modes of operation for various flow conditions so that all discreet flow demands can be met without gaps.

City of Santa Paula Advanced Water Treatment and Recycling Facility – Santa Paula, CA (2008 – 2010) The Santa Paula Advanced Water Treatment and Recycling Facility features all-enclosed treatment with a common-wall design and creative redundancy features. The 4.2 MGD MBR facility ensures a neighbor-friendly facility and the treated effluent meets California’s stringent Title 22 effluent requirements with 0.2 NTU turbidity allowing groundwater recharge. Mr. Murphy served as the Project Engineer for the design of this facility which includes a 17 MGD influent lift station, twin progressive coarse-grit-fine screening headworks, two-stage surge attenuation basins, three activated sludge - biological nutrient removal trains, six hollow-fiber membrane separation trains, and a National Water Research Institute (NWRI) compliant UV disinfection system. The facility also features three 200 HP, five 100 HP, and three 75 HP Aerzen air-bearing turbo blower units and ultra-fine bubble aeration, which reduced the overall energy consumption by 15-20%.

Somerton Wastewater Treatment Plant Upgrade – Somerton, AZ (2009 – 2011) Mr. Murphy served as Project Engineer for this project where PACE determined that converting the existing 4-tank SBR system to a 4-stage BardenPho process would provide the City an additional 1.0 MGD of capacity for the same capital cost of building two additional SBR reactors with a capacity of 0.4 MGD. The facility was expanded from 0.8 to 1.8 MGD. To optimize energy savings, several energy efficiency measures (EEMs) were designed, including blower optimization with the installation of three 150 HP and two 50 HP new high-speed Aerzen air-bearing turbo blowers and diffuser optimization with the installation of high efficiency ultra-fine bubble membrane diffusers.

Overall, the BardenPho system consumes approximately 20% less energy, reduces energy demand charges by 70% and produces equal or better effluent quality. The facility design also included a new two-story solids dewatering complex which consisted of twin 60 gpm Huber screw presses, new polymer injection systems and new solids feed pumping equipment.
578
BACKGROUND ON FIRM // 9
B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT

EDUCATION
M.S. Electrical Engineering
Zurich University - 2010

YEARS OF EXPERIENCE
30 Years
Joined PACE in 2023
With others more than 30 years

REGISTRATIONS
Professional Engineer / CA – 2010 / E19428
Professional Engineer / AZ – 2010 / 51151
Electrical Contractor / AZ – 1997 / 272486
sr. electrical
engineer
Juergen
Nick, PE
Registered professional engineer-electrical/power with over 30 years of experience in electrical facility and control system design. Extensive international commissioning-, project- and engineering management experience coordinating civil, mechanical, structural and electrical design efforts. Experienced in inverter technologies, switch gear, power distribution and control/SCADA system design. Commissioning of building management systems, industrial and ultrapure water treatment facilities, bulk material handling-, power generating systems within the pharmaceutical, semiconductor, water & wastewater and mining & metals industry. Fluent in English and German, conversational in French and Spanish.

RELATED EXPERIENCE
Mountain House Water Reclamation Facility Expansion Phase II – Mountain House, CA (2018 – 2023) Onsite EPC Project Manager in charge of managing the prime subcontractor contractor (mechanical, electrical civil), earthwork contractor and building trades. Conducted weekly progress meetings with the prime subcontractor and monitored the project progress against the schedule. Liaised with the end client and kept the client updated on the project progress. Together with the EPC determined plans of action to bring the project back on schedule. Managed design changes, scope of work and issued change orders to contractors. Produced monthly reports summarizing the project progress. Negotiated equipment purchasing agreements for all mechanical and electrical equipment including switch gear and emergency backup generators. Negotiated supply contracts for earthwork contractor and building trades. Assisted our company president in the negotiations of the prime subcontractor contract. Reviewed submittals with field engineers. Managed equipment delivery schedules and coordinated deliveries with the subcontractors and construction progress. Managed the commissioning of the mechanical, electrical, control and SCADA system followed by performance testing of the facility after completion of the project.

Tartesso Water Reclamation Facility – Buckeye, AZ
(2004 – 2007) Onsite EPC Project Manager in charge of managing the mechanical, HVAC and electrical subcontractors. Joined this project after civil construction had been completed and at the beginning of the mechanical and electrical installation. Liaised with the end client and kept the client updated on the project progress.

Reviewed submittals with field engineers. Managed equipment delivery schedules and coordinated deliveries with the subcontractors and construction progress. Managed the commissioning of the mechanical, electrical, control and SCADA system followed by performance testing of the facility after completion of the project.

SPA 2 Water Reclamation Facility – Surprise, AZ
(2004 – 2006) Design EPC Project Manager, managing the mechanical, electrical design, control and SCADA system design of the facility. Negotiated equipment purchasing agreements for all mechanical and electrical equipment including control systems, switch gear and emergency backup generators. Reviewed submittals with field engineers.

Managed equipment delivery schedules and coordinated deliveries with the subcontractors and construction progress. Managed the commissioning of the mechanical, electrical, control and SCADA system of the facility after completion of the project.

SPA 3 Water Reclamation Facility – Surprise, AZ
(2005 – 2008) Design Project Manager, managing the mechanical, electrical design, control and SCADA system design of the facility. Negotiated equipment purchasing agreements for all mechanical and electrical equipment including control systems, switch gear and emergency backup generators. Reviewed submittals with field engineers. Managed equipment delivery schedules and coordinated deliveries with the subcontractors and construction progress. Managed the commissioning of the mechanical, electrical, control and SCADA system of the facility after completion of the project.

SPA 4 Water Reclamation Facility – Surprise, AZ
(2005 – 2006) Design Project Manager, managing the mechanical, and electrical design (including backup power generation), and civil design of the facility. Liaised with client, city, and governmental agencies to obtain permits and ensure compliance with local and state standards. Conducted progress meetings with end clients and city engineers. 579
BACKGROUND ON FIRM // 10
B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT SR. ELECTRICAL ENGINEER – Juergen Nick, PE
RELATED EXPERIENCE CONT. SPA 5 Water Reclamation Facility – Surprise, AZ (2005 – 2006) Design Project Manager, managing the mechanical, and electrical design (including backup power generation), and civil design of the facility. Liaised with client, city, and governmental agencies to obtain permits and ensure compliance with local and state standards. Conducted progress meetings with end clients and city engineers.

Sundance Water Reclamation Facility Expansion Phase II – Buckeye, AZ (2005 – 2007) Design Project Manager, managing the mechanical, electrical design, control and SCADA system design of the facility. Negotiated equipment purchasing agreements for all mechanical and electrical equipment including control systems, switch gear and emergency backup generators. Reviewed submittals with field engineers.

Managed equipment delivery schedules and coordinated deliveries with the subcontractors and construction progress. Managed the electrical contractor. Managed design changes, scope of work and issued change orders to contractors. Managed the commissioning of the mechanical, electrical, control and SCADA system of the facility after completion of the project.

Santa Paula Water Recycling Facility – Santa Paula, CA
(2008 – 2010) Design Project Manager responsible for the conceptual process-, civil-, mechanical- and electrical design of the bid proposal. Presentation of the bid proposal to the City's consulting engineers. Conducted detailed power consumption analysis for the facility, and selected and designed energy-efficient equipment. A contract requirement was a guaranteed energy consumption of the facility. The project was a design, build, operate, and finance project which required the operator to pay for the energy cost in excess of the guaranteed energy consumption for 20 years. Based on the initial concept, a patent was applied for by Juergen and was granted as patent NR. 8287733 for the innovative design of the MBR system. After being awarded the design/build/operate contract; Juergen managed the design team consisting of civil, mechanical, architectural, structural and electrical design engineers. Managed the in-house electrical system, control system and SCADA design. The electrical design included power distribution and emergency power generation. Liaised with the utility company and coordinated the power tie-in arrangements. Applied and received $500,000 grant for the "energy efficient design" of the facility from the utility company. Negotiated equipment purchasing agreements for all mechanical and electrical equipment including switch gear and emergency backup generators. Reviewed and approved the electrical contractors submittals, managed the electrical contractor and answered RFIs. I managed the commissioning of the mechanical, electrical, control and SCADA system followed by performance testing of the facility. 580
BACKGROUND ON FIRM // 11
B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT

EDUCATION
AA / Applied Science, Computer Aided Drafting,
ITT Technical Institute - 1993

YEARS OF EXPERIENCE
30 Years
Joined PACE in 2005

SEMINARS
TESCO New Plant and SCADA Security Regulations, Cell
Modem Telemetry via 4G, High Voltage Safety Codes
Temecula, 2010
Sage Clear SCADA and SCADAPak Certification
Los Angeles, 2009
sr. instrumentation
& controls specialist
Ernesto
Camarena
Ernesto Camarena has automation experience spanning back to 1994. His areas of expertise include controls and automation design for wastewater and water treatment, wells, pump stations, and storage reservoirs. Mr. Camarena’s responsibilities include preparing process and instrumentation design, process flow schematics, conceptual design exhibits including termination diagrams, and QA/ QC for the electrical power and controls design. Mr. Camarena is a valuable and unique designer and startup expert of water infrastructure due to his extensive background in hands-on implementation of projects, including panel building, programming, troubleshooting, and installation in the field during construction and operations.

Because of his experience in performing water and wastewater related controls designs and installations, Mr. Camarena also is well-versed on water/sewer transport and treatment processes, which enable him to provide complete and accurate process and instrumentation diagrams.

RELATED EXPERIENCE
Tuolumne Utilities District Sonora Regional Wastewater Treatment Plant – Sonora, CA (2019 – 2023) The Sonora Regional Wastewater Treatment Facility (SRWWTF) owned by Tuolumne Utilities District was constructed in 1974 and permitted to handle 2.6 MGD (million gallons per day) average dry weather flow rate.

Based on the treatment plant discharge permit, treatment scheme should achieve a 30-day average BOD and TSS (Total suspended solids) levels of less than 30 mg/L. However, summer operations in tricking filters followed by secondary clarification demonstrated a reduction in system performance specifically in BOD and TSS reduction. Mr. Camarena served as the Sr. Instrumentation and Controls Specialist for the concept development for the Tuolumne Utilities District to retrofit the existing open pond into Parkson “Biolac®” basins containing modern swing air diffusers with hydraulic retention times of 24-36 hours, with more efficient waste processing and flexibility with varying inflows. This upgraded Biolac® system freeboard in the secondary process allows equalization of flows within the basin, eliminating the need for offline equalization, as well as providing the ability to treat lower flows when the basin level was decreased intentionally. As a result, this new process will enhance processing capacity, performance, efficiency, and optimization.

Show Low Wastewater Treatment Plant Upgrades – Show Low, AZ (2014 – 2016) Mr. Camarena served as the Instrumentation & Controls Specialist to program and integrate the PLC controls and SCADA for the upgraded WWTP. Since the WWTP new process requires constant flow and level control in order to maintain proper treatment, a network of PLCs, field instrumentation and SCADA was implemented that allows for tight controls of the process with minimum onsite supervision. PACE’s ability to provide both process design and engineering, along with the ability to provide controls integration has made the Show Low WWTP Upgrades Project a great success for the City.

City of San Clemente WRP Blower Replacement – San Clemente, CA (2012 – 2014) As the Instrumentation and Controls Specialist, Mr. Camarena provided a significant programming overhaul to optimize the new blower system within the City’s existing DO control system, and improved aeration efficiency and lowered power consumption. Mr. Camarena worked around the clock to achieve more than 15% reduction in the plant’s overall power use, which reduced annual energy consumption by more than 650,000 kW/hrs per year, and reduced demand charges by 75 kW per month netting $130K in annual energy savings.

Las Virgenes Municipal Water District Tapia Water Reclamation Facility Blower and Aeration Equipment Improvements – Calabasas, CA
(2016 – 2019) Mr. Camarena served as the Sr. Instrumentation and Controls Specialist for the design and design support during construction for numerous projects at the Tapia Water Reclamation Facility (WRF), Rancho Las Virgenes Composting Facility, and other District Facilities for the Las Virgenes Municipal Water District (District). The District wanted to improve the efficiency and reduce operational costs of the existing 12 MGD Tapia Water Reclamation Facility by implementing new blower and aeration equipment which improves energy and operational efficiency while reducing maintenance costs. Mr. Camarena worked on the O&M manuals and SCADA data (DO Profiles) as well as spent time with the Operations Staff to better understand the challenges and identify any ancillary issues. 581
BACKGROUND ON FIRM // 12
B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT SR. INSTRUMENTATION & CONTROLS SPECIALIST – Ernesto Camarena RELATED EXPERIENCE CONT. Mountain House Water Reclamation Facility Expansion – Tracy, CA (2018 – 2023) Mr. Camarena served as the Sr. Instrumentation and Controls Specialist for the Phase II 3.0 MGD WRF expansion of an existing 0.45 MGD WRF and process conversion to SBR. He is currently performing integration services for the Phase III 5.4 MGD expansion and conversion to MBR performing programming, installation, and startup services. As part of this expansion, existing blowers are being replaced with high-speed turbo blowers.

Adelanto Wastewater Treatment Plant Improvement Plan – Adelanto, CA (2022 – 2023) Mr. Camarena provided complete process and instrumentation diagrams for the WWTP improvement project. The original plant received an average flow of 1.8 MGD, of which only 0.5 MGD could be treated. PACE provided engineering design and consulting services to construct new infrastructure and rehabilitate existing systems to not only regain the original plant capacity, but to increase the rated capacity to 4.0 MGD. New plant infrastructure includes screening and washing systems in the headworks, three 200 HP Aerzen air-bearing turbo blowers and new aeration equipment in the existing secondary basins, two new 70’ diameter circular clarifiers, a RAS/WAS pump station, and new internal recycle pumping on the biological process. Modifications were made to the existing effluent filters and chlorine contact basin to produce full Title 22 compliant recycled water as well as improvements to the solids handling to reduce cake volumes and improve dewatering performance.

City of Santa Paula Advanced Water Treatment and Recycling Facility – Santa Paula, CA (2008 – 2010) Mr. Camarena served as the Sr. Instrumentation and Controls Specialist for the design of the Santa Paula Advanced Water Treatment and Recycling Facility, which features all-enclosed treatment with a common-wall design and creative redundancy features. The 4.2 MGD MBR treatment facility ensures a neighbor-friendly facility and the treated effluent meets California’s stringent Title 22 effluent requirements with 0.2 NTU turbidity allowing groundwater recharge. The design of this facility includes a 17 MGD influent lift station, twin progressive coarse-grit-fine screening headworks, two-stage surge attenuation basins, three activated sludge - biological nutrient removal trains, six hollow-fiber membrane separation trains, and a National Water Research Institute (NWRI) compliant UV disinfection system. The facility also features three 200 HP, five 100 HP, and three 75 HP Aerzen air-bearing turbo blower units and ultra-fine bubble aeration, which reduced the overall energy consumption by 15-20%.

Somerton Wastewater Treatment Plant Phase III Expansion – Somerton, AZ (2009 – 2011) Mr. Camarena provided complete process and instrumentation diagrams for the City of Somerton water treatment facility expansion from 0.8 MGD to 1.6 MGD. The previous plant was a 0.8 MGD biological aeration process plant using SBR technology. To optimize energy savings, several energy efficiency measures (EEMs) were designed, including blower optimization with the installation of three 150 HP and two 50 HP new high-speed Aerzen air-bearing turbo blowers and diffuser optimization with the installation of high efficiency ultra-fine bubble membrane diffusers.

Overall, the BardenPho system consumes approximately 20% less energy, reduces energy demand charges by 70% and produces equal or better effluent quality. The facility design also included a new two-story solid dewatering complex which consisted of twin 60 gpm Huber screw presses, new polymer injection systems and new solids feed pumping equipment.

City of Lathrop Advanced Water Recycling Facility Expansion – Lathrop, CA (2015 – On-going) As the Sr. Instrumentation and Controls Specialist, Mr. Camarena performed programming, installation, and startup services for the expansion of the Lathrop Consolidated Treatment Facility, an MBR wastewater treatment facility, for the City of Lathrop, California. The existing facility was 1.0 MGD and its expanded capacity is 2.5 MGD with an ultimate build-out capacity of 6.0 MGD. The facility expansions included three 100 HP and five 50 HP Neuros air-bearing turbo blowers and fine bubble aeration diffuser system, as well as upgrades and improvements to the existing chlorine contact basin and its associated equipment. The blowers support a four-basin aeration system with a mostly open valve control which minimizes pressure and electricity use by maintaining valves in their most open state. There are multiple modes of operation for various flow conditions so that all discreet flow demands can be met without gaps.

Chumash Water Recycling Facility – Santa Ynez, CA
(2014 – 2015) As the Senior Instrumentation and Controls Specialist, Mr. Camarena performed programming, installation, and start-up for the Chumash WRF upgrade from 98,000 GPD to a 193,000 GPD MBR facility. In addition to the conversion to the MBR system, the expansion included two new fine screens for removal of solids from influent wastewater, the expansion of the flow equalization tank by hydraulically linking the existing flow equalization tank to the existing transfer tank, retrofit of the existing reactors to provide an anoxic zone, aeration zone, and post anoxic zone, and the design of recirculation equipment to ensure proper biological conditions. The facility upgrades included three 60 HP and two 30 HP Aerzen Rotary Lobe blowers.
582
BACKGROUND ON FIRM // 13
B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT

EDUCATION
AA / Applied Science, Computer Aided
Drafting Technology
ITT Technical Institute - 1994

YEARS OF EXPERIENCE
29 years
Joined PACE in 2001
sr. cad
designer
Tom
Gutierrez
Thomas Gutierrez has more than 29 years of experience in design and preparation of mechanical plans, sections and details for engineered construction documents within the wastewater and water industry.

He has in-depth knowledge of mechanical systems layout, mechanical assemblies, fittings, valving, pipe materials and ratings, site grading, drainage, and utility plan/profile design (pressure and gravity systems).

Mr. Gutierrez also has in-depth experience with design of mechanical 3D models of wastewater treatment plants for construction drawings. His 3D design and modeling experience includes design and draft BIMready civil 3D pipe networks, surface models, grading and basic corridors for earthwork calculations and cross sections, process piping for complete plant layouts, and mechanical process equipment (i.e. blowers, pumps, etc.). Mr. Gutierrez is an advanced user of Autodesk AutoCAD, Civil 3D, and MEP. He has also has the responsibility of directing CAD staff and engineers to ensure project documents are accurate, professional and meet project goals. He is responsible for communicating with engineers and production staff to ensure all needs are met, this includes support, training and solving critical task obstacles.

RELATED EXPERIENCE
Show Low Wastewater Treatment Plant Evaluation and Expansion – Show Low, AZ (2014 – 2016) Mr. Gutierrez served as the Sr. CAD Designer for the design of the Show Low aerated lagoon WWTP upgrades which had a design treatment capacity of 2.46 MGD. PACE designed a new 2.5 MGD WWTP that utilizes an Extended Aeration Activated Sludge (EAAS) based on the Parkson's Biolac® process to produce effluent quality that can meet AZ Title 18 BADCT effluent limits for Total Nitrogen (TN) of <10 mg/ L. The facility includes three 150 HP Aerzen air-bearing turbo blowers designed to provide process air to the Biolac®® process basins with full redundancy.

Each blower is equipped with variable frequency drives (VFD) controlled by the blower’s integrated programmable logic controller (PLC). The communication network between the Biolac® process, the WWTP Master PLC, and the blowers allows for precise airflow to the treatment process, improving process and energy efficiencies.

City of San Clemente Water Reclamation Facility Blower Replacement – San Clemente, CA (2012 – 2014) PACE provided the engineering design for several plant improvement projects on the City of San Clemente’s 7.2 MGD facility in response to aging equipment and operational challenges. Mr. Gutierrez was the CAD specialist, and developed a 3D model, which allowed the City Staff and design team to visualize the completed installation, and quickly identify potential construction and operational conflicts. For the blower replacement project, PACE provided preliminary design, equipment selection / procurement using performance-based specifications, final design and integration of the new blower system within the City’s existing DO control system. The new blower system produced a 15% reduction in the plant’s overall power use, reducing annual energy consumption by over 650,000 kW/hrs per year and reducing demand charges by 75 kW per month, netting $130K in annual energy savings.

Las Virgenes Municipal Water District Tapia Water Reclamation Facility Blower and Aeration Equipment Improvements – Calabasas, CA
(2016 – 2019) Mr. Gutierrez served as the Sr. CAD Designer for the Tapia WRF Process Air Improvements. The goal of the project was to improve the efficiency and reduce operational costs of the existing 12 MGD Tapia Water Reclamation Facility by implementing new blower and aeration equipment which improves energy and operational efficiency while reducing maintenance costs. Design elements included upgrades to the process air system including (3) new 400 HP, 480V Sulzer Magnetic Bearing Blowers; upgrades the aeration system included the installation of over 60 retrievable, OTT fine bubble aeration grids; and electrical gear conversion from 4160 medium voltage to 480 low voltage system.

Mountain House Water Reclamation Facility Expansion Phase II – Tracy, CA (2018 – 2023) Mr. Gutierrez was Production Manager for the 3.0 MGD WRF expansion of an existing 0.45 MGD WRF.

He is currently serving as Production Manager / Sr. CAD Designer for the Phase III expansion to 5.0 MGD featuring a process conversion to MBR and includes an upgrade to five 150 HP and three 100 HP Atlas Copco Hybrid Screw blowers and five 60 HP Aerzen Positive Displacement blowers. 583
BACKGROUND ON FIRM // 14
B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT SR. CAD DESIGNER – Tom Gutierrez
RELATED EXPERIENCE CONT. City of Adelanto Treatment Plant Evaluation, Improvements and Capacity Expansion – Adelanto, CA (2022 – 2023) Mr. Gutierrez served as Sr. CAD Design for the design of the City’s WWTP upgrade. The WWTP was receiving an average flow of 1.8 MGD, of which only 0.5 MGD was able to be treated prior to the upgrades. PACE evaluated the existing facility and recommended new infrastructure and rehabilitation of the existing systems to not only regain the original plant capacity, but to increase the rated capacity to 4.0 MGD. New plant infrastructure includes screening and washing systems in the headworks, three 200 HP Aerzen air-bearing turbo blowers and new aeration equipment in the existing secondary basins, two new 70’ diameter circular clarifiers, a RAS/WAS pump station, and new internal recycle pumping on the biological process.

City of Santa Paula Advanced Water Treatment and Recycling Facility – Santa Paula, CA (2008 – 2010) Mr. Gutierrez served as Sr. CAD Designer for the design of the Santa Paula Advanced Water Treatment and Reclamation Facility which features all-enclosed treatment with common-wall design and creative redundancy features. The design, permitting, and construction of this 4.2 MBR facility was completed in 18 months through a design-build-operate-finance (DBOF) delivery method where PACE served as the engineer-of-record. Mr. Gutierrez coordinated the CAD plan set of the civil, grading, mechanical, and utility plans for the duration of the project. The completed facility includes a 17 MGD influent lift station, twin progressive coarse-grit-fine screening headworks, two-stage surge attenuation basins, three activated sludge - biological nutrient removal trains, six hollow-fiber membrane separation trains, and a National Water Research Institute (NWRI) compliant UV disinfection system. The facility also features three 200 HP, five 100 HP, and three 75 HP Aerzen air-bearing turbo blower units and ultra-fine bubble aeration, which reduced the overall energy consumption by 15-20%.

City of Lathrop Advanced Water Treatment and Recycling Facility Expansion – Lathrop, CA (2016 – 2019) Mr. Gutierrez prepared the design and construction documents for the expansion of the Lathrop Consolidated Treatment Facility, an MBR wastewater treatment facility, for the City of Lathrop, CA. Mr. Gutierrez led all CAD design and oversaw the team producing all design plans. The existing facility was 1.0 MGD and its expanded capacity is 2.5 MGD with an ultimate build-out capacity of 6.0 MGD. The facility expansions included three 100 HP and five 50 HP Neuros air-bearing turbo blowers and fine bubble aeration diffuser system, as well as upgrades and improvements to the existing chlorine contact basin and its associated equipment. The blowers support a four-basin aeration system with a mostly open valve control which minimizes pressure and electricity use by maintaining valves in their most open state. There are multiple modes of operation for various flow conditions so that all discreet flow demands can be met without gaps.

Burbank WRP Aeration and Headworks Rehabilitation Projects – Burbank, CA (2015 – 2016) Mr. Gutierrez served as Sr. CAD Designer for both the Burbank WRP Aeration and Headworks Rehabilitation Projects. PACE was contracted to provide design services for the replacement of the WRPs existing aeration and headworks systems under two separate plan contracts. Upgrades for the aeration project included installation of three 300-HP APG-Neuros NX300 high-efficiency turbo blowers new high-speed turbo blowers to replace the older multi-stage centrifugal blowers. Upgrades to the headworks system included replacing the aging and cumbersome single-rake and grinder system with new multi-rake bar screens and washer/compactors. Both projects also included integration and controls for the new systems, as well as development of a comprehensive sequencing/construction phasing plan to allow for the operating plant to remain online during construction improvements.

Civita Water Recycling MBR Facility – San Diego, CA
(2016 – On-going) The Civita Water Recycling Facility is a 250,000 GPD MBR facility designed to provide Title 22 recycled water for use in the Civita Development. Mr. Gutierrez served as the Sr. CAD Designer for this unique design that incorporates the treatment facility within two levels of the underground parking structure levels of a 5-story residential/mixed use building to meet both the treatment and effluent storage needs for the community. The facility is split into two levels with the aeration/MBR blowers, UV disinfection, chlorine storage tanks, pumping and electrical equipment on the upper level and MBR tanks, aeration system featuring two 60 HP Kaeser Rotery Lob blowers, and 500,000-gallon effluent storage tank on the lower level. The treated water is applied to community parks, common landscape areas and cooling towers.

Chumash Water Reclamation Facility Expansion and Expansion – Santa Ynez, CA (2014 – 2015) Mr. Gutierrez led all CAD design and oversaw the team producing all design plans for the Chumash WFR MBR of 200,000 GPD. Mr. Gutierrez ensured QA/QC review for accuracy and ease of interpretation on all products. 584
B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT

STATEMENT OF

UNDERSTANDING
AND

APPROACH
585
B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT STATEMENT OF UNDERSTANDING AND APPROACH // 15
The City of Adelanto is seeking professional engineering design services to implement process improvements to their existing wastewater treatment facility that will increase capacity to accommodate additional near-term development within the City’s collection system. The current facility consists of a headworks with two (2) mechanical screen systems and one (1) vortex grit removal unit, an influent lift station with four (4) pumps, two (2) Biolac activated sludge secondary treatment basins and two (2) secondary clarifiers with effluent currently being discharged to surface percolation basins. The Average Annual Day Flow (AADF) design capacity of the facility is currently 3.0 MGD, with a Maximum Day Flow (MDF) of 4.0 MGD. Stantec conducted a Treatment Plant Capacity Assessment (Stantec - 2022), which confirmed the design capacities indicated above and provided recommendations for several interim improvements that could be made to increase the average operating capacity to 3.25 MGD, while the City plans for the next expansion.

Therefore, the Scope of Work for this proposal is to prepare Plans and Specifications with an Engineer’s Estimate, for public procurement of the construction of the above improvements.

From that assessment, in Q1 of 2023, PACE prepared
and conducted a Process Performance Optimization
Study with the City’s current contract operator, PERC
Water, to test and determine if additional process
improvements could be made to the existing facility
that would increase treatment capacity without a
major expansion. Based on the analysis and testing
completed, PACE concluded that the facility is
capable of treating between 3.7 to 4.0 MGD, with
a Peak Capacity of 6.0 MGD, if relatively minor
physical and operational modifications to the facility
are implemented. As summarized in our report,
these included:

1. Add new field instrumentation on each
Biolac basin and modify the existing DO
control system

2. Add a fourth single-stage aeration turbo
blower

3. Add a permanent polymer injection system
and building at the secondary clarifiers

4. Add new field instrumentation and
programming on the secondary clarifiers

5. Provided needed repairs / replacement
of the headworks screening dewatering
compactor

6. Increase the size of the existing jockey
influent pump or install a forth, large pump
of equal capacity

7. Renovate the existing recycled water
pump station and hydro tank to provide a
consistent, reliable plant water source

PROJECTUNDERSTANDING

UNDERSTANDING

AND APPROACH
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B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT STATEMENT OF UNDERSTANDING AND APPROACH // 16
PACE and our staff proposed for this project have extensive design and optimization experience with the Biolac treatment process at numerous facilities throughout the southwestern US, as well as specific experience as the lead design engineer on the City’s previous expansion to the treatment facility. Additionally, we have worked with the City’s current contract operations staff (PERC Water) on over 50 treatment plant projects as both their lead design engineer and in support of operational optimization and O&M services. This gives us unique insight into what the plant needs and how best to accomplish gaining more capacity through process improvements and optimization.

Additionally, PACE has an internal Instrumentation & Control (I&C) Group, which we will utilize to prepare the design plans and specifications for the upgraded controls needed for this project. This group has extensive experience with the control and instrumentation currently in use at the facility, which will allow us to quickly and accurately describe the automation work to be done. Although not requested in the RFP, PACE’s I&C group can also be used to perform the integration and automation work required, operating as the Owner’s Integrator. These services, performed in concert with the design team, would greatly reduce the risk to both the City and their selected contractor and reduce time and cost of implementation of the project. Therefore, if selected, PACE I&C will provide a companion proposal for these services for the City to consider including in the bid documents.

Example of Performance Optimization Testing demonstrating improvement of Biolac Basin operation, influencing
recommendations of plant improvements. The Biolac aeration pattern performance testing using 3-3-2-2 group vs. 5-5 grouping demonstrated better dispersion of delivered air, reduces short-circuiting potential and reduces low DO bulking potential.

PROJECTAPPROACH
PACE’s Key Project Qualifications
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With the current flow to the facility running at or near the design capacity of 3.0 MGD, time and cost are of the essence for this project. Therefore, PACE proposes to leverage its extensive knowledge and experience of the design and operation of the Adelanto facility to accelerate the implementation of the needed process improvements. To do so, we propose to utilize our previous Performance Optimization Study and knowledge of the plant operations to prepare the Preliminary Design Report (PDR), which will provide a more detailed engineering evaluation of the improvements, pre-selection of major equipment and a preliminary design drawing set for review by the City and their operators.

From review and acceptance of the PDR, PACE suggests that the City consider performance-based selection and pre-purchase of the influent headworks screening compactor, upgraded influent pump and additional turbo blower, as these components currently have considerable fabrication and delivery lead-times.

Regardless, PACE will proceed to prepare 60%, 90% and Final Plans, consistent with the PDR, for public bid of the project. With each design submittal milestone, PACE will prepare an Engineer’s Estimate of Probable Construction Cost. Since PACE performs a considerable amount of our design work as members of design / build teams, currently performing on four D/B treatment plant projects, we have access to current costs of construction and materials, as well as delivery times. This knowledge makes our estimates more accurate.

Additionally, we will utilize this information to help structure and sequence the construction of the project within the design documents to reduce delivery time and construction costs. Lastly, we will identify Value Engineering opportunities within the Engineer’s Estimate that could further reduce capital and/or operational costs. These opportunities, along with the developed design, will be reviewed with the City and their operations staff prior to proceeding to the next design milestone.

Although we have prepared our proposal based on the RFP requirements for these delivery milestones, PACE believes, based on the nature of the design work, the City would benefit from reduced time and engineering costs if the design work were reduced to two submittal milestones of 75% and Final.

Once the plans and specifications are complete, PACE will assist the City with bidding the project by attending the Pre-bid meeting and site walk to discuss key issues in the technical plans and specifications, and to answer questions regarding the design, schedule and other concerns. During the bidding process, PACE will respond to bidder’s questions and prepare bid addenda as necessary. Once the bidding process is complete, PACE will review and evaluate the bids received and provide recommendations to the City regarding contract award.

This project will be executed by PACE’s Environmental Water (EW) Division out of our headquarters located in Fountain Valley (Orange County). The EW Division leads all of PACE’s wastewater treatment projects, as well as the Instrumentation and Controls group. This team in Fountain Valley consists of approximately 40 team members, all of which are qualified to support the project, as needed. The responsibilities of the EW Division will be to execute the project including development of design and specifications, project schedule, budget and quality control management and can support bidding and construction phase services. The firm will support project administration needs, including invoicing/accounting, insurance documentation and general administrative support needs.

KEY APPROACH

ELEMENTS
Project Delivery Approaches
Responsibilities of Department and Company
Follow findings from the Process
Performance Optimization Study
and extensive historical facility
operations understanding for
seamless project execution.

Consider employing a performancebased specifications process at the preliminary design stage
level to gain competitive bids on
key equipment and accelerate
equipment delivery to avoid leadtime delays during construction.

Draw from significant current
understanding of construction costs
to develop accurate estimates.

Identify value engineering
opportunities to further reduce
capital and/or operations costs.
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B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT SCOPE
OF
WORK
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B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT SCOPE OF WORK // 18
PACE has prepared the following Scope of Services to include Civil, Structural, Mechanical / Process, Electrical and Instrumentation and Control (I&C) design services, together with standard design drawings and technical specifications for the above described wastewater treatment facility improvements. The Scope of Services will include the following elements:

WORK PLAN
TASK 0.0 – REIMBURSABLE EXPENSES
To include all reasonable travel, reproduction, shipping and other miscellaneous direct project expenses incurred by the Consultant as a result of performing the services proposed.

Reimbursable expenses will not be billed separately and have been included in the proposal tasks.

PACE will provide the services of a dedicated Principal Engineer / Design Manager. The Design Manager will conduct project management, schedule and budget tracking, and invoicing to confirm that the project is progressing ahead on budget and schedule. The Design Manager will prepare monthly project status reports highlighting the progress of each task, work planned for the coming month, data needs, key issues and important decision needs, updated project schedule and the status of the action items from the previous report. These items will be developed and submitted with the monthly invoices. The Design Manager will coordinate all of these efforts with the City’s designated Project Manager, who will manage other project team members, other consultants and stakeholders.

PACE’s Design Manager will be responsible for collaborating with the City and their contract operator in the development of the technical design, design plans, specifications and technical reports, preparation of consultant and sub-consultant invoices and will have responsibility of the overall competence of the project design. The Design Manager will also be responsible for coordinating and providing Quality Assurance / Quality Control of the design documents, with the Project Engineer, to insure a cohesive, consistent and technically competent design. This will ensure a successful and well-thought-out project, delivered on time and on budget.

PACE shall organize and attend one (1) project kickoff meeting with the City and their designated project team members. PACE shall schedule and attend monthly coordination meetings, with weekly project updates via email and/or telephone, to discuss budget, schedule, and project issues.

The following are anticipated meetings for the Design Services:

Project Kickoff Meeting
A project kickoff meeting will be held with PACE and the City’s project team members to:
a. Review Design Scope of Work and Preliminary Schedule. b. Review Roles & Responsibilities, Lines of Communication and Coordination. c. Review Project Objectives and Requirements.
d. Review the Previously Completed Facility Assessment and Proposed Modifications to incorporate technical and operational field knowledge. e. Exchange Existing / Requested Design Documentation and Information.

TASK 10 – PROJECT MANAGEMENT
TASK 11 – MEETINGS AND COORDINATION
1 Design Progress / Review Meetings
Following the Kickoff Meeting, PACE will meet with the City’s project team during specific project milestones, for design progress and review meetings. It is anticipated that this will consist of two (2) progress meetings with the City’s project team at the 60 and 90% percent complete milestones to resolve any questions or technical issues.

Additionally, it is assumed that conference calls, or web-based meetings will also be used to quickly address items. PACE and/or The City of Adelanto shall set up conference calls or virtual meetings as needed to address items during the course of design.

PACE will record all meeting minutes and submit a copy of the minutes to the City’s designated Project Manager within three (3) working days after each meeting. 2 Deliverables:

PACE shall prepare an agenda and the minutes from the in-person meetings for distribution to the attendees. 590
B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT SCOPE OF WORK // 19
PACE shall prepare a Preliminary Design Report (PDR), with one draft submittal, that includes but is not limited to: design criteria, assumptions, site layouts, planning level cost estimates and a confirmation of the design schedule. A review meeting of the draft report and preliminary layout sketches, design assumptions, design criteria and design options, as indicated above, shall be provided, prior to issuance of the Final Preliminary Design Report.

The design services provided by PACE shall include all design elements, plans, specifications, calculations and analysis required for the following process upgrades:

In preparation of the PDR, PACE will utilize the Geotechnical and Survey information and site data, which PACE has from the previous 2012 expansion project. Where possible, existing ACAD base files developed from the previous facility design will be used and incorporated into the project base file system.

PACE will perform a site investigation to verify existing conditions and site constraints for the individual improvements proposed. The site investigation will include evaluating existing equipment to be repurposed or modified, and site process electrical and control equipment (power supply, distribution and the instrumentation and controls networks).

From the site investigation and review of documents, PACE will prepare the draft PDR which will include the following items:

1. Add new field instrumentation on each Biolac basin and modify the existing DO control system

2. Add a fourth single-stage aeration turbo blower

3. Add a permanent polymer injection system and building at the secondary clarifiers

4. Add new field instrumentation and programming on the secondary clarifiers

5. Provided needed repairs / replacement of the headworks screening dewatering compactor

6. Increase the size of the existing jockey influent pump or install a forth, large pump of equal capacity

7. Renovate the existing recycled water pump station and hydro tank to provide a consistent, reliable plant water source

1. Project General Design and Performance Requirements

2. Confirmation of Influent Flow and Biological Loading Conditions

3. Unit Process Design Capacities and Performance Requirements

4. Preliminary Biological Treatment Calculations / Simulations (Bio-Win)

5. Description of Current Processes and Proposed Modifications

6. 30% Preliminary Design Plans, to include:
a. Site Grading, Drainage and Access Modifications
b. Site Piping Modifications
c. New and Repurposed Equipment List w/ Named Manufacturers, Models & Capacity
d. Preliminary Unit Process Flow Diagrams showing Current vs. Modified e. Electrical One-line Diagram and Load Calculations for Modifications f. Preliminary Network and Control Diagrams for Modifications

7. Confirmation of Design Schedule

8. Preliminary Engineer’s Estimate of Probable Construction Costs TASK 20 – PRELIMINARY DESIGN REPORT
Following review and comment of the draft PDR, PACE shall update and incorporate comments from the project team and issue the Final Preliminary Design Report.

Deliverables:

PACE shall provide five (5) hard copies and one (1) electronic copy, in PDF format, of each report. 591
B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT SCOPE OF WORK // 20
Deliverables:

At each of the 75% and Final submittal milestones, PACE shall provide five (5) sets of drawings, specifications, supporting documents, and an Engineer’s Cost Estimate for review.

The Design Documents will be based on and will be consistent with the natural evolution of the approved Final Preliminary Design Report. The documents will be prepared and submitted for review by the City as follows:

TASK 30 – DESIGN DOCUMENTS – 75% /

FINAL CONFORMED DESIGN DOCUMENTS
The 75% Design Documents will consist of development of the General Design Drawings, Site Civil, Grading and Drainage, as well as site Electrical Service drawings and specifications. It will also include the development of Process Mechanical, Structural and Instrumentation & Control (P&ID) drawings, which are the natural evolution of the Preliminary Design Report set. In addition, a preliminary set of Technical Specifications will accompany the drawings. Final Electrical, Structural and Civil / Site Calculations will not be included in this submittal package. The 75% package will be submitted in hard copy and digital format, for review and comment by the City’s project team, prior to proceeding with the Final Conformed Design Documents.

The Final Conformed Design Documents will incorporate comments provided by the City’s project team, which does not include major deviations from the 75% design.

The Final Conformed Design Documents will consist of:

Complete Design Drawing Set as follows:

General
Civil / Site Improvements - Grading, Drainage and Paving & Field Piping Structural Building & Tankage Modifications
Mechanical Process
Building Electrical
Process Electrical
Instrumentation & Control
Project Technical Specifications Book
Required Civil, Structural and Electrical Calculations
1 2
3 PACE shall attend a pre-bid meeting with interested contractors and City Department staff at the beginning of the bidding process to discuss key issues for the project, the technical drawings and specifications, and to answer questions regarding the WWTP optimization design, schedule and other matters.

During the bidding process, PACE shall respond to bidder’s technical questions and prepare bid addenda as necessary.

Once the bidding process is complete, PACE shall review and evaluate all bids received and provide recommendations regarding the award of a construction contract.

TASK 31 – BIDDING ASSISTANCE
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B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT SCOPE OF WORK // 21
PACE will provide the City with clerical, engineering and design efforts necessary to prepare, submit, and obtain the anticipated permits listed below. All permit fees are excluded from this proposal and shall be paid promptly by the City. All other permits which are not specified below shall be the responsibility of the City.

Additional Services Not Requested in the RFP
The following services were not requested in the RFP, so they are being offered as additional services.

TASK 12 – PERMITTING SERVICES
Project Required Permits Description of Permitting Scope / Coordination Summary City Planning Amendment It is NOT Anticipated that planning amendments will be required due to the increase in the treatment capacity of the facility. If updates are required, these can be performed under a separate T&E contract.

Regional Water Quality Control
Board Permit Modifications
It is NOT Anticipated that an update to the current ROWD permit will be required. If updates are required, these can be performed under a separate T&E contract.

FEMA LOMR / CLOMR It is not anticipated that a LOMR or CLOMR will be required for any of the proposed improvements in this project.

City Building Permit PACE will prepare design documents (Plans, Specifications and Calculations) and an application for APUA to submit to the City Building Permit. The design of improvements for the project will be based on the City’s latest adopted building codes.

Utility Coordination It is NOT Anticipated that the improvements proposed will require additional utility services from other utility providers.

Deliverables:

PACE shall prepare a Building Permit Submittal Package to include the Building Permit Application, Plans, Specifications and Calculations required by the City Building Department.

PACE will provide the City with clerical, engineering and design efforts necessary to prepare, submit, and obtain the anticipated permits listed below. All permit fees are excluded from this proposal and shall be paid promptly by the City. All other permits which are not specified below shall be the responsibility of the City.

TASK 40 – TECHNICAL SERVICES DURING CONSTRUCTION
Construction Observation and Administration
a. Consultant shall provide the services of its engineering staff for the construction services period. Consultant’s engineering staff will work with the City’s Construction Manager to coordinate and review submittals, respond to RFIs and generally provide engineering coordination to the construction team.

During construction, Consultant’s staff will generally visit the site two (2) days per month, which may vary, based on project needs.
b. Consultant shall provide the services of its office staff, as directed by PACE’s management team, to support the project with ancillary engineering services as needed.
c. Consultant shall provide the services of the Structural Engineer for two (2) site visits during construction for the purpose of reviewing installation procedures and practices and providing additional clarifications to the structural plans.
d. Consultant shall provide the services of the Electrical Engineer for two (2) site visits during construction for the purpose of reviewing installation procedures and practices and providing additional clarifications to the electrical plans.
e. Consultant shall review shop drawings from equipment vendors / manufacturers for compliance with plans and technical specifications. f. Consultant shall provide clarifications, details and additional calculations for clarifications or modifications to original drawings as requested by the Client.
g. Consultant shall, based on “Redline Drawings” provided by the Client, their subcontractors and observations made in the field, modify original design drawings to include “Record Drawing” information.

40.1 593
B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT SCOPE OF WORK // 22
If the City wishes to proceed with pre-purchase of major equipment for the project (identified as the Influent Screening Compactor system, Additional Influent Pump and Additional Turbo Blower), PACE shall provide the services of its engineering staff to prepare public bid / procurement documents specific to the pre-purchase of this equipment.

PACE will also assist the City in conducting, reviewing and evaluating and selecting the supplier of said equipment, based on the proposals received. This equipment will then be made available to the City’s selected Contractor for incorporation into the project.

TASK 50 – PERFORMANCE BASED EQUIPMENT SELECTION
System Start-up & Commissioning
Operation and Maintenance Manuals Updates
a. Consultant shall provide the services of the Field Services Engineer, Project Engineer and/or Sr. Project Engineer for the purpose of system start-up assistance. The engineering staff will work with the Client’s Contractor, Client provided operations / commissioning staff and mechanical equipment representatives, to observe the proper operation and function of the process, equipment and control systems.

These services shall be provided for a maximum of 10 days divided into a maximum of two (2) trips.
b. Upon successful completion of the start-up, Consultant shall furnish to the Client a written letter of substantial completion with a final itemized punch list to be completed by the Client and his subcontractors.
c. Consultant shall provide assistance to the Client for coordination of required warranty items and substandard equipment or installation issues. a. Consultant shall prepare Updates to the Operations and Maintenance Manual in PDF format for the treatment facility that will include:

1. “Record Drawing” Plan set

2. Description of Normal Operation Sequence for Each Modified Process

3. Description of Emergency Procedures for Each Modified Process

4. Update to Service Requirements

5. Update to Service Manuals for Major Equipment and Processes

6. List and Contacts of Equipment Suppliers, Vendors and Manufacturers

7. Additional General Service Catalogs

40.2 40.3

1. Geotechnical Services (if required)

2. Building and Site Security Design

3. Offsite Improvements (roads, sewers, water,
drainage, electrical, etc.) that are not specifically
identified in the Scope of Work in this proposal.

4. Each plan and report will be prepared one time with
one final revision. It is assumed for the purposes
of this proposal, based on the project approach
selected and detailed above, that the design
submittals will be prepared as 60%, 90% and Final
Design Documents submittal milestones. Additional
submittals requested by the Client can be prepared
at additional time and expense.

5. Local government approval meetings, hearings, etc.,
and preparation of presentation graphics other than
those specifically identified in the Scope of Services
will be under a separate work authorization, if
required.

6. Existing utility research and mapping is not included and will be provided by the Client if required.

7. Previous digital site topography, based on the 2012
construction plans, will be used by PACE for the
project design. No site specific survey is required.

8. Effluent disposal planning and design (i.e., an
Effluent Management Plans, Distribution Modeling
and Compliance Reports) are not included in this
Scope of Services.

9. Any proposed project changes which affect work in
progress or previously completed will be justification
for additional compensation.

TASK 80 – INSTRUMENTATION & CONTROL SERVICES (OWNER’S INTEGRATOR) Based on the completed Design Documents, PACE’s Instrumentation and Control (I&C) Group will supply, configure, program and commission field instruments identified in the report ($94,500 including new Polymer Control Panel). PACE’s Instrumentation and Control (I&C) Group will also provide additional programming and modify existing programming to implement controls identified in the report. This includes adding/modifying central SCADA systems for all programming work ($66,000). These services can be supplied directly to the City or can be delegated to the City’s selected Contractor during the project bid process at the City’s discussion.

Assumptions and Exclusions
The Client’s responsibilities shall include providing PACE with the base data and project information in a timely manner, coordination and management of their staff and other team members to assure that the project schedule can be met, and prompt payment of invoices in accordance with the terms and conditions included herein.

The specific items that are to be provided by the Client or others include the following:
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B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT

PROJECT

SCHEDULE
595
PROJECT SCHEDULE // 9

PROJECT SCHEDULE
2023 2024

TASK DESCRIPTION OF WORK WEEKS
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 11/1 11/8 11/15 11/22 11/29 12/6 12/13 12/20 12/27 1/3 1/10 1/17 1/24 1/31 2/7 2/14 2/21 2/28 3/6 3/13 3/20 3/27 4/3 10 Design Phase Meetings, Project Schedule, and Coordination 23 20 Draft Preliminary Design Report (PDR) 4
City Review 2
20 Finalize Preliminary Design Report 1
City Review 2
30 75% Design Plans 8
City Review 2
30 100% and Final Design Plans 4
50 Performance Based Equipment Selection 2
PACE recognizes the City’s desire to receive design drawings within four months of the project commencement. The schedule presented includes three two-week City review periods at each milestone and the two milestone design deliverables including the reduction of design deliverables from three (60%, 90% and final) to two (75% and final) to shorten the schedule. A reduction of City review period lengths as well as an earlier start date could conclude the design deliverables of the project even earlier. We are happy to collaborate with the City to develop ways to reduce the schedule as needed.
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B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT

REFERENCES
597
Tuolumne Utilities District Sonora Regional Wastewater Treatment Plant Upgrades Sonora, CA Show Low Wastewater Treatment Plant Evaluation and Expansion Show Low, AZ PACE performed a facility assessment and upgrade design for the 2.6 MGD Average Daily Flows (ADF) Sonora Regional Wastewater Treatment Plant (SRWWTP) to address the facility’s declining effluent performance. The existing SRWWTP features a conventional trickling filter secondary process that utilizes two trickling filters, followed by two secondary clarifiers, three aerated polishing ponds, and a chlorine disinfection system. Based on recent flows and loads, the influent flow limits identified in the WDRs are not exceeded, but the facility is at its design Biochemical Oxygen Demand (BOD) influent load limit, and is exceeding its design suspended solids loading criteria. To improve the facility’s functionally and performance, PACE designed upgrades to increase the capacity to 5.0 MGD of Max Day Flows (MDF) and 10.0 MGD Peak Hour Flows (PHF) and to convert the secondary treatment process to an Extended Aeration Activated Sludge (EAAS) process utilizing the Parkson’s Biolac® mixing and aeration process. All wastewater flows to the proposed SRWWTP process will be treated by a new headworks, primary screening and grit removal, new dual-train extended aeration activated sludge (EAAS) basins, new secondary clarifiers, new chlorine disinfection system, new effluent disk cloth filters and a new sludge dewatering facility. These upgrades will also replace the existing polishing ponds and include a new administration and electrical building, a new headworks and sludge dewatering building and a renovated digestion building where the existing anaerobic digesters will be repurposed into aerobic digesters for solids processing. The facility is maintaining operation during construction by waiting to demolish the existing facility until the new facility is in full operation.

The City of Show Low commissioned PACE to develop an improvement plan and perform design services to upgrade its aerated lagoon WWTP that had a design treatment capacity of 2.46 MGD. The existing WWTP process did not have the capabilities to meet stringent effluent requirements, especially for ammonia. In addition, future, more stringent effluent requirements required major improvements to the existing WWTP. A previous engineering report recommended constructing a 1.75 MGD Biolac®-type wastewater treatment facility on the existing lagoon site to meet the flow projection of 1.72 MGD required for the next 20 years. PACE was asked to perform and evaluation using capital construction cost, operation and maintenance costs, and 20-year life cycle analyses to confirm the recommendation.

Further consideration of a site issue of shallow groundwater determined that with the site improvements required to accommodate the groundwater, the City could design and construct a two-basin 2.5 MGD Biolac® facility for nearly the same cost as the 1.75 MGD Biolac®. This not only provides the future capacity but also full process redundancy for the current flow up to 1.5 MGD. With the City's support of the proposed alternative approach, PACE designed a new 2.5 MGD WWTP utilizes an Extended Aeration Activated Sludge (EAAS) based on the Parkson's Biolac® process to produce effluent quality that can meet AZ Title 18 BADCT effluent limits for Total Nitrogen (TN) of <10 mg/ L.  Treatment process conversion to Parkson’s
Biolac® Extended Aeration Activated Sludge
 Operational during construction – developed
sequence of construction
 Received USDA-RD funding
 Instrumentation and controls programming
 Treatment process conversion to Parkson’s Biolac®
Extended Aeration Activated Sludge
 Treats domestic and commercial/industrial flows
 Value engineering / performance-based
specifications
 Final construction cost was within 10% of
engineer's estimate
 Final total cost of expansion less than $4/gallon
 Operational during construction – developed
sequence of construction

REFERENCES
Relevant Features
Relevant Features
B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT REFERENCES // 24
Dates 2019-2023
Contact Reference
Erik Johnson (209) 532-5536 ext. 520
Tuolumne Utilities District
18885 Nugget Blvd | Sonora, CA 95370
Team Members
James Matthews, PE Principal / QA/QC
Robert Murphy, PE Sr. Project Engineer
Ernesto Camarena Sr. Instrumentation & Controls
Specialist
Dates 2014–2016
Contact Reference
Bill Kopp (928) 532-4081
City of Show Low
180 N 9th Street | Show Low, AZ 85901
Team Members
James Matthews, PE Principal / QA/QC /
Instrumentation & Controls Lead Engineer
Robert Murphy, PE Sr. Project Engineer
Thomas Gutierrez Sr. CAD Designer
Ernesto Camarena Sr. Instrumentation & Controls
Specialist
598
City of San Clemente Water Reclamation Facility Blower Replacement San Clemente, CA PACE has provided design, consulting and control integration services to the City of San Clemente on several process efficiency / upgrade projects for their WRP. Among these projects are a complete rehabilitation and upgrade of the solids dewatering facility, computer-simulated biological process evaluations for conversion of the existing plant and replacement of two of the three 250HP main aeration blowers with new high speed turbo blowers.

Specifically, for the blower replacement project, PACE was responsible for the preliminary design, equipment selection / procurement, final design and integration of the new blower system within the City’s existing DO control system.

Once commissioning began, it was apparent that the current DO control system required a significant programming overhaul to optimize the system, improve aeration efficiency and lower power consumption. PACE’s in-house Controls & Instrumentation staff worked around the clock to achieved over a 15% reduction in the plant’s overall power use, reducing annual energy consumption by over 650,000 kW hrs per year and reducing demand charges by 75 kW per month, netting $130K in annual energy savings.

PACE utilized a Performance Based Specification process to identify the most appropriate aeration blower equipment for the City, based on total lifecycle cost. The two new 150 HP high-speed single stage turbo blowers selected provide a capacity ranging from 1,700 SCFM to 7,000 SCFM. The turbo blowers are controlled by the existing Allen Bradley secondary process PLC which was completely reprogrammed to operate the field control valves in a Direct DO control mode. This mode of operation provides better system response and lowered the previous operating manifold pressure by nearly 1.5 psig. In addition to the PLC programming, PACE also provided integration of the entire aeration process into the facility’s central SCADA system.
 Designed new high-speed turbo blowers and
DO monitoring
 Designed control strategy for aeration system
and new blowers and performed controls
integration programming
 Employed performance-based specifications
equipment selection process
 Operational during construction – developed
sequence of construction
Relevant Features
Las Virgenes Municipal Water District Tapia Water Reclamation Facility Blower and Aeration Equipment Improvements Calabasas, CA
PACE provided the Las Virgenes Municipal Water District (District) with design and design support during construction for the Tapia Water Reclamation Facility (WRF) Process Air Improvement Project. The Tapia WRF used (3) 900 HP, 4610V, Roots centrifugal blowers to provide air to their biological treatment process, as well as other ancillary processes. The District wanted to improve energy efficiency and reduce operational cost by implementing new blowers and aeration equipment. PACE evaluated the existing conditions, including the existing treatment process, blower performances, as-built drawings, etc., as well as spent time with the Operations Staff to better understand the challenges and identify the right solutions. After the evaluation, PACE provided design upgrades to the process air system that included the installation of (3) new 400 HP, 480V Sulzer Magnetic Bearing Blowers; installation of over 60 retrievable, OTT fine bubble aeration grids; and electrical gear conversion from 4160 medium voltage to 480 low voltage system. A unique element of the project was the use of Performance-based Specifications developed by PACE to reduce the equipment capital cost of the project (i.e., blowers and fine bubble diffusers costs) by more than 30%. It also included an O&M service contract that helps the District understand future O&M cost.  Evaluated of the Bardenpho Activated Sludge
Treatment Process to identify deficiencies and
process improvements
 Developed the Performance-based Specifications
for the replacement of (3) 900 HP, 4160 medium
voltage Centrifugal Blowers with (3) new 400
HP, 480V, High Speed Turbo Magnetic Bearing
Blowers
 Designed upgrades to the aeration system that
included the installation of new retrievable fine
bubble diffusers
 Evaluated and designed the removal of the
medium voltage electrical switchgear to multiple
plant processes
 Designed controls strategy
 Operational during construction – developed
sequence of construction
Relevant Features
Dates 2016–2019
Contact Reference
Eric Schlageter (818) 251-2142
Las Virgenes Municipal Water District
4232 Las Virgenes Road | Calabasas, CA 91302
Team Members
James Matthews, PE Principal
Robert Murphy, PE Sr. Project Engineer
Thomas Gutierrez Sr. CAD Designer
Ernesto Camarena Sr. Instrumentation & Controls
Specialist
B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT REFERENCES // 25
Dates 2012-2014
Contact Reference
Ken Knatz (760) 643-5416
City of Vista (formerly with City of San Clemente)
200 Civic Center Drive | Vista, CA 92084
Team Members
James Matthews, PE Project Manager / Principal
Robert Murphy, PE Sr. Project Engineer
Thomas Gutierrez Sr. CAD Designer
Ernesto Camarena Sr. Instrumentation & Controls
599
Mountain House Water Reclamation Facility Expansion Phases II and III Tracy, CA PACE, as the Engineer of Record, provided design, permitting, construction services, and start-up services for Phases II and III expansions and is currently providing construction support for the Phase III expansion of the Mountain House Water Reclamation Facility. The Phase II expansion replaced the 0.45 MGD aerated lagoon wastewater treatment plant with a 3.0 MGD advanced SBR Water Reclamation Facility. The Phase III expansion, currently under construction, expands the facility to a build-out the capacity of 5.4 MGD. The secondary treatment process is being converted to a membrane bio-reactor to meet the existing waste discharge requirements and also comply with California Title 22 Recycled Water Requirements for unrestricted reuse. As part of the conversion, PACE designed the facility around use of existing infrastructure. This includes repurposing and subdividing the existing SBR process tanks into anoxic, oxic, and post-anoxic tanks prior to feeding the new MBR facility. The design also incorporates the existing UV channel system for tertiary treatment with the modified and expanded facility.
 Two phases of expansion, first replacing an
outdated aerated lagoon currently process
 Conversion and capacity expansion
 Energy efficient aeration and low-energy mixers
 Operational during construction – developed
sequence of construction
Relevant Features
Adelanto Wastewater Treatment Plant Evaluation, Improvements and Capacity Expansion Adelanto, CA
PACE provided design and construction management services for the City of Adelanto’s WWTP improvements. The WWTP receives an average flow of 1.8 MGD, of which only 0.5 MGD was able to be treated prior to the upgrades. PACE evaluated the existing facility and recommended new infrastructure and rehabilitation of the existing systems to not only regain the original plant capacity, but to increase the rated capacity to 4.0 MGD. New infrastructure includes new screening and washing systems in the headworks, all new aeration and blower equipment in the existing secondary basins, two new 70’ diameter circular clarifiers, an RAS/WAS pump station and new internal recycle pumping on the biological process. Modifications were made to the existing effluent filters and chlorine contact basin to produce full Title 22 compliant recycled water as well as improvements to the solids handling to reduce cake volumes and improve dewatering performance. In addition to providing the evaluation, PACE provided final design plans and construction documents. Improvements to the Adelanto WWTP were completed in 2013.

Recently, the WWTP was evaluated by PACE to determine strategies for expanding its treatment capacity as it is currently almost at design capacity. In December 2022 and January 2023, PACE conducted field observations and operations staff interviews and identified potential equipment additions and modifications to optimize the current processes and expand treatment capacity to as much as 4.0 MGD MMDF. PERC Water and PACE initiated a pilot testing program that ran from January to March 2023 to confirm the proposed modifications would achieve the capacity increase, and the testing was deemed successful in demonstrating these modifications would expand the MMDF capacity by adding new field instrumentation to each Biolac® basin and modifying the existing DO control system, installing a fourth single-stage aeration turbo blower, installing a permanent polymer injection system at the secondary clarifiers, installing new field instrumentation on the secondary clarifiers and making a number of smaller improvements.  Existing wastewater treatment plant process
evaluation
 Evaluated existing aeration system
 High-Speed three 200 HP Aerzen air-bearing
turbine blowers and ultra-fine bubble aeration
equipment
 Designed control strategy for aeration system
and new blowers and performed controls
integration programming
 Employed performance-based specifications
equipment selection process
 Maintained facility operations during
construction
 Treatment process conversion from micromedia
to Biolac® biological treatment process
Relevant Features
Dates 2011 – 2013, 2022-2023
Contact Reference
Jessie Flores (760) 246-2300
City of Adelanto
11600 Air Expressway | Adelanto, CA 92301
Team Members
James Matthews, PE Project Manager / Principal
Robert Murphy, PE Sr. Project Engineer
Thomas Gutierrez Sr. CAD Designer
Ernesto Camarena Sr. Instrumentation & Controls
Specialist
B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT REFERENCES // 26
Dates Phase II: 2004 – 2006, Phase III: 2018-2023
(not continuous)
Contact Reference
Nader Shareghi (209) 831-5607
Mountain House Community Services District
230 S Sterling Dr Ste 100, Mountain House, CA 95391
Team Members
James Matthews, PE QA/QC and Instrumentation
and Controls Programming Principal
Robert Murphy, PE Sr. Project Engineer
Thomas Gutierrez Sr. CAD Designer
Ernesto Camarena Sr. Instrumentation & Controls
Specialist
600
B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT

COST ESTIMATES

OF CONSULTING
FEE
601
B810 // CITY OF ADELANTO DESIGN SERVICES FOR WASTEWATER TREATMENT PLANT COST ESTIMATES OF CONSULTING FEE // 27

COST ESTIMATES OF CONSULTING FEE
Project Data
Project: Adelanto WWTP Process Improvements
Client: City of Adelanto
PACE Job Number: B810
Initial Estimate Date: August 27, 2023 #REF!
TASK
Eng Principal
/ Design
Manager
Sr. Electrical
Engineer I&C Specialist Project Engineer
Sr. CAD
Designer
Project
Coordinator Total Task Cost
$285 $245 $230 $180 $165 $100
Matthews Nick Camarena Mills, Gedara Gutierrez Koleada
10 Project Management 24 8 8 24 64 $13,040 $500 $13,540 11 Project Meetings & Coordination 40 8 16 24 16 104 $22,960 $1,200 $24,160 20 Preliminary Design Report 40 24 40 80 40 24 248 $49,880 $1,200 $51,080 30 75% Design Documents 80 40 48 100 200 32 500 $97,840 $1,500 $99,340 Final Conformed Design Documents 24 16 16 24 80 8 168 $32,760 $500 $33,260 BASE PROPOSAL TASK TOTALS 208 96 128 228 320 104 1084 $216,480 $4,900 $221,380 Additional Items Not Included in Base Proposal
12 Permitting 16 4 24 16 60 $11,460 $500 $11,960
40 Technical Services During Construction 80 80 60 120 24 364 $80,200 $5,500 $85,700 50 Performance Based Equipment Selection 16 48 24 88 $15,600 $15,600 80 Instrumentation & Control Serivces (Owner's Integrator) 20 240 20 16 296 $66,100 $94,500 $160,500 PACE
Man-Power
Subtotal
Hours
Reimbursable
Expenses /
Equipment
Supply
Total Fee Amount:

Man-Power
Subtotal
Fee
602
603
ATTACHMENT 2

LOCATION MAP

WASTEWATER TREATMENT PLANT LOCATION
604
DATE: October 11, 2023

CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and City Council Members
FROM: Todd Litfin, City Attorney
BY: Brenda Lopez, City Clerk
SUBJECT: APPROVAL OF AMENDMENTS TOCITY MANAGER EMPLOYMENT AGREEMENT

WITH THE CITY OF ADELANTO
STAFF RECOMMENDATION:

Direct and authorize the Mayor and Clerk of Council to execute amendments to the attached Employment Agreement for Jessie Flores as the City Manager for the City of Adelanto.

BACKGROUND:

On September 13, 2023, in closed session the City Council reviewed the employment agreement of the City Manager Jessie Flores. Based on Mr. Flores accomplishments and performance the Council recommends the following amendments to the City Manager’s employment agreement:

1. SECTION 1.2 TERM OF EMPLOYMENT– Change term from 5 years starting 9-14-22 to 5 years starting 10-11-23.

2. SECTION 2.1 BASE SALARY – Effective upon the adoption of this amendment the annual salary for the City Manager shall be increased from $225,000 to $250,000.

3. SECTION 2.7: AUTO ALLOWANCE – Changed to read as follows:

CITY shall provide the Manager with a late model automobile for the Manager’s business and personal use. The City shall fully maintain the automobile in a safe and good working condition and maintain an automobile liability insurance policy on the automobile with the Manager as a named insured. The City shall fully pay or reimburse the Manager for expenses incurred in the maintenance and use of said automobile and may, in its discretion, provide the Manager with a credit card owned by the City to which such reasonable automobile expenses may be charged.

The employee shall be taxed for personal use of City vehicles in accordance with IRS guidelines. 605

4. SECTION 3.3: SEPARATION FOR CONVENIENCE and WITHOUT CAUSE; SEVERANCE – Change from 6 months to 12 months
In the event EMPLOYEE is terminated for convenience and without cause by the City Council prior to the expiration of the Term of this Agreement and while EMPLOYEE is willing and able to perform the City Manager’s duties under this Agreement, the CITY shall pay EMPLOYEE severance pay of a lump sum cash payment equal to the lesser of the following: (i) the cash value of twelve (12) months of Base Salary then in effect; or (ii) the prorated cash value of one (1) month of EMPLOYEE’s annual Base Salary then in effect multiplied by the number of months (or portion thereof) remaining.

RECOMMENDED ACTION:

Authorize the Mayor to execute the City Manager Employment Agreement on behalf of the City.

Exhibit 1 - City Manager Agreement
606

Page 1 of 15 ends

Adelanto City CouncilOctober 11, 2023

Adelanto City Council
October 11, 2023