Agenda, closed session — Adelanto City Council, October 25, 2023 (part 3 of 4)

Registered Civil Engineer
C 47200 (CA)
YEARS OF EXPERIENCE:
34 Years
EDUCATION:

BS Civil Engineering, California State
Polytechnic University, Pomona
AFFILIATIONS:

American Public Works Association (APWA)
American Water Works Association (AWWA)
California Water Political Action Committee
(CalWater PAC)
Association of California Water Agencies
(ACWA)
Coachella Valley Economic Partnership
(CVEP)
League of California Cities
Bruce Davis is a Senior Vice President of Albert A. WEBB Associates (WEBB). Bruce has been a full-time employee of WEBB since 1986. Bruce currently serves as Director of Water Resources. As Director, he oversees all water and wastewater projects performed by the firm. Since 2018, Bruce has taken the lead representing WEBB in matters involving engineering standard of care and risk management. Bruce is a registered civil engineer in the State of California.

Bruce has served as Principle-in-charge for well over one hundred regional infrastructure projects. His experience includes planning, design and support during construction of water, wastewater, drainage and transportation projects on behalf of clients including Eastern Municipal Water District, Coachella Valley Water District, Jurupa Community Services District, and cities of Corona, Murrieta, Rancho Mirage, Ontario, Grand Terrace, Rialto and Cathedral City. Project types include pipelines from 8-inch diameter up to 60-inch diameter, pumping ranging in size from one hundred gallons per minute to over 5,000 gallons per minute and storage facilities ranging in capacity from five hundred thousand gallons to over twenty million gallons, roadways, signals, storm drains and basins. Recent water industry projects include O’Ferrelll Street Booster Pump Station, Redlands/Hemlock Booster Pump Station, Longview and Watson Roads pipelines, Perris II Desalter pipeline and Markham

7.0-million-gallon storage tank.

Along with experience with regional infrastructure projects, Bruce has extensive knowledge and experience with survey, planning, entitlement, development (residential and commercial) and environmental services. His extensive experience translates to an understanding of all steps required to successfully complete a project efficiently and on schedule. Bruce has served as an expert witness in matters involving land use, entitlements and drainage.

Bruce is a member of and/or involved with American Public Works Association, American Water Works Association, Association of California Water Agencies and League of California Cities. He served several years as a Board member of CalWater PAC which is a political action committee advocating for issues important to California’s water supply. Bruce serves as an excellent resource for his clients on current issues and trends in our region.

Bruce Davis, PE
Senior Vice President
484
16 Joseph Caldwell, PE, CPESC, CPSWQ, QSD,

QSP, CFM
Water Resources Practice Leader
Joseph Caldwell, PE, is the Practice Leader of WEBB’s Water Resources Department.

Joseph focuses on the development of master drainage plans, the design of backbone drainage infrastructure, and the design of water quality systems for flood control projects throughout the region. A Certified Professional in Erosion and Sediment Control and Storm Water Quality, Joseph is a specialist in water quality and environmental compliance and an expert in hydrology and hydraulics.

Joseph’s experience includes the design of regional flood control basins, a flood control levee, master drainage plans, and the design and construction of several miles of backbone drainage infrastructure. He has also hydrologically and hydraulically modeled the San Jacinto River from Railroad Canyon to the existing Army Corps levee in the City of San Jacinto. Joseph’s extensive knowledge of local agencies’ design standards and procedures, and effective working relationships with agency staff, enable him to expedite projects through completion.

REGISTRATIONS
Registered Civil Engineer C 67239 (CA)
Registered Civil Engineer C 030017 (NV)
Registered Civil Engineer C 76114 (AZ)
Certified Professional in Erosion and
Sediment Control (CPESC) 5311
Certified Professional in Stormwater
Quality (CPSWQ) 544

EDUCATION
MS, Civil Engineering
Brigham Young University
BS, Civil Engineering
Brigham Young University

CERTIFICATIONS
Qualified SWPPP Developer
(QSD) 00076
Qualified SWPPP Practitioner
(QSP) 00076
Association of State Floodplain Manager,
Inc. (ASFPM)
Certified Floodplain Manager (CFM)

AFFILIATIONS
American Society of Civil Engineers (ASCE)
American Public Works Association (APWA)
California Storm Water Quality Association
(CASQA)
Floodplain Management Association (FMA)
Heacock Channel Design Project, March Joint Powers Authority - Joseph served as the Project Manager for Phase 3 of the Heacock Channel Design Project for the March Joint Powers Authority. The project included the preparation of final improvement plans, traffic control plans, and a hydrology and hydraulic report for approximately 3,600-LF of the channel. The project extends from Lateral A of the Perris Valley Storm Drain north along Heacock Avenue to the southern end of an existing land fill. WEBB’s services also included project management and coordination throughout the duration of the project including attendance at project design team meetings, quality control services, and all other processing of improvement for necessary project approvals.

Hemet MDP Line C, Stage 4, County of Riverside Flood Control and Water Conservation District - Joseph was the Project Manager for the Hemet MDP Line C, Stage 4 Project. The extension of the Hemet MDP Line C was an important component to provide surface flooding relief and flood protection of a predominately developed portion of the City of Hemet. The extension of the Hemet MDP Line C was an important component to provide surface flooding relief and flood protection of a predominately developed portion of the City of Hemet. This segment of the Master Plan Facility represents the middle one third of the entire Line C System. The critical component of this project was implementing a master planned facility in a highly urbanized area of the City extremely constrained by multiple utilities. WEBB completed a Preliminary Design Report that outlined the most feasible alignment for this facility. WEBB is currently preparing final design plans and specifications for this backbone drainage facility.

Wildwood Creek Basin, City of Yucaipa(City) - Joseph served as the Project Manager for design of a multi-purpose watershed basin in Wildwood Creek in the City of Yucaipa.

WEBB provided engineering services that accommodated the critical needs of the City.

This project is located in the middle of a major watercourse. The watershed tributary 485
17 to the project is over 4,000 acres and the creek is designated on the Flood Insurance Rate Map by FEMA. The City’s goal was to reduce the peak flow utilizing a series of detention basins that in turn will reduce peak flow rates downstream and reduce the burden on those downstream facilities. This reduction in peak flow rates was accomplished through the removal of sediment/debris load and the attenuation of peak flooding through the use of the proposed basins. In addition to providing flood control benefits, this project also provided certain environmental and water quality benefits. To do this, the flood control facilities were developed in such a manner so the construction preserves riparian vegetation, where possible, and implements other measures for environmental and water quality impacts. In order to accomplish this, WEBB reviewed the conceptual design and provided a more precise analysis of the level of flood control protection the basins will provide.

WEBB also prepared detailed hydrologic, hydraulic, and sediment transport models to determine the peak runoff rates, flood volume, and debris load.

North Indio Regional Flood Control Channel Project, Coachella Valley Water District (CVWD) - Joseph is the Technical Lead for the North Indio Regional Flood Control Channel Project which is a key component of the CVWD flood protection mission in the Coachella Valley. The project will complete the link between existing flood control facilities in the north Indio area, providing increased flood protection for the region. The project consists of over three miles of concrete lined trapezoidal and rectangular channels, including numerous culvert crossings of existing and future streets. To date, WEBB has prepared the hydraulic analysis, preliminary design, and environmental documentation for the project. WEBB is currently in the process of preparing the final design plans, specifications, and estimates. WEBB is also responsible for preparing the CLOMR and providing public outreach and right-of-way acquisition services.

University Wash Channel, Riverside County Flood Control & Water Conservation District - Joseph was Technical Lead for the University Wash Storm Drain Project including the planning, analysis, and design of a large diameter master plan storm drain that connects existing upstream and downstream facilities together. This project was unique in that the 2,450-LF, 90-inch RCP required for this project had to be designed to maneuver its way through a developed industrial corridor of the City. Key to this project was the coordination with local businesses to ensure construction of the storm drain minimized impacts to business operations.

San Jacinto River Stage 3 Master Drainage Plan, Riverside County Flood Control & Water Conservation District (District) - Joseph served as Project Manager for the WEBB Team responsible for reviewing the current hydrological model, analyzing potential alternative models, and working with the District to decide the best option based for the current Master Drainage Plan. This project consisted of preparation of conceptual drawings for the Master Plan addressing all key elements such as floodplain management, flood control features, environmental preservation, development opportunities, effects on regional infrastructure, right-of-way requirements, and order of magnitude cost. WEBB worked directly with the District to prepare the planning study, coordinated with all stakeholders, and presented all findings to the Advisory Board with recommendations for the next steps (i.e., MSHCP compliance, CEQA strategy, land development constraints, and floodplain management). WEBB is currently working on the final MDP and EIR for the District.

Bedford Wash Channel, Riverside County Flood Control and Water Conservation District - Joseph is the Project Manager for the Bedford Wash Channel upstream on the McMillan Property. Services provided included finalizing the 30% design, preparation of all necessary studies, and designs for the final construction drawings, preparation and processing of the Cooperative Agreement and Agency approvals as well as providing on-going coordination with the overall project team during the design of the overall project and with the environmental consultant to assist with obtaining any regulatory permits associated with the channel construction. WEBB provided three iterations of channel design from the point the project was secured, when it was a completely lined concrete channel. Through WEBB’s recommendation, the project stakeholders strategically selected to move toward transitioning the channel to a soft bottom.

Joseph Caldwell, PE, CPESC, CPSWQ, QSD, QSP, CFM
Water Resources Practice Leader
486
18 Sinnaro Yos, PE
Senior Engineer
Sinnaro Yos, PE, is a Senior Engineer with WEBB’s Water Resources Department.

Sinnaro offers clients extensive experience managing the design and construction of a wide range of public works projects that enhance water quality and supply including water and wastewater systems, water reclamation, and water and wastewater treatment.

Sinnaro’s responsibilities include master plan reports for water and wastewater systems, water and sewer pipeline sizing and hydraulic analysis, alignment analysis, and pipe thickness design. He also focuses on water booster stations, sewer lift stations and deep well drilling and equipping design, utilities coordination and permitting through agencies, preparation of bid documents, and engineering cost estimates.

Clients also depend on Sinnaro’s wide-ranging construction management experience during construction of projects. He provides construction schedule analysis and control, schedules survey activities and specialized inspection efforts, and resolves field conflicts and issues. He also assists with processing submittals, RFIs, progress payments and change requests, conducts progress meetings, disseminates meeting minutes, communicates with the project inspector, contractor and owner, and provides for closeout of contracts. This includes conducting the final walk-through and generating a punch list, performing a final review of retention payments, and processing as-builts and O&M manuals. In addition, Sinnaro has provided technical memorandums as well as water and sewer master plan reports for projects which have been built and are operating successfully.

REGISTRATIONS
Registered Civil Engineer C 68607 (CA)

EDUCATION
BS, Civil Engineering
University at Buffalo,
State University of New York
Annual Sewer Improvement Project, Edgemont Community Services District (District) - Sinnaro served as Project Engineer for a study designed to improve water quality in the City of Moreno Valley’s Edgemont neighborhood. He performed water quality analysis and coordinated water quality sampling for the area’s water system.

He also developed the water quality section of the Edgemont Water Master Plan Update. The project included the preparation of master wastewater plans for the District, as well as creation of a hydraulic computer model, development of projected wastewater generation of various regions of the District, and determination sewer main sizing and alignment.

Armstrong Booster Station, Edgemont Community Services District (District) Sinnaro is currently the project engineer for the Armstrong Booster Station upgrade and replacement project, working with Siming Zhang, PE, as the project manager. The project is upgrading the pumping capacity and implementing various site improvements necessary to meet the ultimate pumping capacity for Jurupa Community Services District’s 1200 pressure zone. 487
19 Jewel Street Booster Pump Station, Rubidoux Community Services Distrcit (RCSD) - Sinnaro served as Construction Manager and was the main point of contact for this project. RCSD secured Proposition 50 grant funding for construction of several improvements, including the JCSD-RCSD Jewel Street Booster Pump Station, to provide for an emergency interconnection facility between RCSD and Jurupa Community Services District (JCSD). The JCSD-RCSD Jewel Street Booster Pump Station was designed by WEBB as well as a portion of the pipeline in Mission Boulevard.

Regional Life Station PDR, Jurupa Community Services District (JCSD) - Sinnaro served as the Project Engineer for the District’s Regional Sewer Lift Station Projects. The District issued Certificate of Participation Bonds to finance the construction of certain capital improvements known as “the Project.” The project included three major components to improve the District’s sewer system: 1) Trunk Sewer System Improvements, 2) Regional Wastewater Pump Station Expansion and New Force Main to the City of Riverside’s Water Quality Control Plant (WQCP), and 3) Florine Lift Station Replacement. More specifically, the second component is the combination of improvements to convey wastewater from the District’s regional wastewater pump station to the City’s WQCP, to address current deficiencies and meet ultimate conveyance requirements. The proposed preliminary design for these regional sewer facilities advances the project such that final design can be effectively initiated within the time frame specified by the capital improvement program.

Chino I Desalter and Chino II Desalter Projects, Chino Basin Desalter Authority - Sinnaro served as the Project Engineer on these projects. The expansion of the Chino I Desalter included the addition of three raw water production wells and 6,000 LF of 16-inch diameter raw water feed pipeline, addition of 4.9 MGD ion exchange capacity, product water pump station expansion and other ancillary improvements, 15,000 LF of 16-inch to 24-inch diameters of product water pipeline, and pump stations to the Cities of Chino Hills and Ontario. The Chino II Desalter included the treatment plant facility, product water pump station, nine raw water wells, 15,000 LF of brine discharge pipeline, 27,250 LF of 12-inch to 30-inch of raw water feed pipeline, 9,000 LF of 12-inch diameter of product water pipeline to the City of Ontario and Santa Ana River Water Company, pump station, and turnout connections to the City of Ontario.

Chino Creek Well Fields I and II - Raw Water Intertie Pipeline, Chino Basin Desalter Authority - Sinnaro served as a Project Engineer for the design of pipeline to connect several Chino Basin Desalter Authority (CDA) wells to the Chino II raw water pipeline and help transfer water in both directions between the Chino I and Chino II systems via a new raw water intertie pump station. WEBB provided design engineering, surveying, bidding, and construction support services for the project, which included about 14,800-LF of 24-inch CML&C steel pipeline.

Water Capital Improvement Projects (30-inch and 18-inch), City of Ontario Municipal Utilities Company Sinnaro is serving as a Project Engineer for two water capital improvement projects to increase efficiency for customers of Ontario Municipal Utilities Company. The first involves the design of 6,800 LF of 30-inch diameter transmission main from the 20 MG reservoir on Eighth Street in the City of Upland and south on San Antonio Avenue to Fourth Street. The second project involves the design of 7,500 LF of 18-inch diameter distribution main on Fourth Street from Elderberry Avenue to Euclid Avenue. The key challenge for both of these projects is choosing an alignment that avoids existing utilities and maintains access for residents in the area.

Sinnaro Yos, PE
Senior Engineer
488
20 Elizabeth Xiong, PE
Associate Engineer
As an Associate Engineer in WEBB’s Water Resources Department, Elizabeth has successfully assisted in project designs ranging from the preliminary stages of a project through the construction phase. Elizabeth has worked on public works projects involving wastewater and water systems, water reclamation, and water and wastewater treatment. Her experience also includes projects involving water distribution and sewer collection systems for tract development, and flood control and water resources. Her responsibilities have included water and sewer pipeline alignment design, hydraulic analysis, pipe thickness design, sewer lift station design, deep well design, utility coordination, local agency permitting, construction document review, and coordinating with outside consultants. Abigail has two years of experience at WEBB.

REGISTRATIONS
Registered Civil Engineer C 94706 (CA)

EDUCATION
BS, Environmental Engineering, University
of California, San Diego
MS, Environmental Engineering and
Water Resource Engineering, University of
California, Los Angeles
North Shore Water Main Replacement, Coachella Valley Water District - Elizabeth served as Project Engineer and the WEBB Team provided engineering design services for the District’s North Shore Water Main replacement project. The project consisted of approximately 10,500 LF of a 12-inch diameter ductile iron pipe (DIP) domestic water transmission main including appurtenances in Bay Drive, Vander Veer Road, 70th Avenue, apportion of Lookout Drive and Sea View Way in the unincorporated territory of Riverside County known as North Shore.

Royal Avenue Pipeline Replacement, Golden State Water Company - Elizabeth served as the Project Engineer for this project, consisting of replacing approximately 200 LF of 8-inch diameter steel pipeline. The replaced pipeline runs across the Royal Avenue Bridge with hangers, steel saddles, plates, and rods.

IVDA 24-inch Diameter Transmission Main, City of San Bernardino Municipal Water Department (SBMWD) - Elizabeth served as the Project Engineer for the WEBB Team that provided preliminary design engineering, alignment option evaluation, final design plans, and specifications for SBMWD’s project consisting of approximately 14,000 LF of 24-inch diameter Ductile Iron Pipe (DIP) to connect Point “A” and Point “B” of the Intermediate Zone Inland Valley Development Agency (IVDA) and includes an 18-inch diameter pipeline crossing the Twin Creek freeway bridge at 9th Avenue.

Tri-Palms Country Club Water Main Replacement Phase 1, Coachella Valley Water District (CVWD) - Elizabeth served as Project Engineer on the WEBB Team providing engineering design services for the Tri-Palms Country Club (TPCC) Water Main Replacement – Phase 1 Project. The project replaced approximately 3,500 LF of aged and undersized asbestos cement domestic water pipelines (ACP) and all appurtenances. The project also relocated the services connections from the back of lot to the front of property in the Phase 1 area within the master-planned community of TPCC, located in the County of Riverside. These waterlines are within residential mobile home communities. The streets are improved local streets. The traffic is anticipated low and moderate. The existing water main and service/meters are located in alleys along the back of the lots. The existing fire hydrants are in front of the street for fire truck access.
489
21 Section 5. Sub-Consultants
780 N. 4th Street, El Centro, CA 92243
Office: (760) 370-3000 Fax (760) 337-8900
GREG M. CHANDRA, PE
Principal Engineer
Education
B.S. Civil Engineering, California Polytechnic University, 1979 Registration
Registered Civil Engineer No. 34432, California
Summary of Experience
Mr. Chandra has over 30 years of experience supervising geotechnical, construction, and materials testing and inspection projects form initiation to completion. His experience consists of a wide range of projects for both private developers and government agencies, in both the United States and Asia. Such projects have included: school and university facilities, residential communities/subdivisions, commercial buildings and industrial complexes, recreation facilities, sewage treatment facilities, water facilities, airports, street and highway improvements with construction costs well over $2 billion. Mr.

Chandra has also supervised public works project including concrete lining of 33 miles of the Coachella Canal, flood control and sewage treatment plants.

STATEMENT OF QUALIFICATIONS
GREG M. CHANDRA, PE
Principal Engineer
Education
B.S. Civil Engineering, California Polytechnic University, 1979 Registration
Registered Civil Engineer No. 34432, California
Summary of Experience
Mr. Chandra has over 30 years of experience supervising geotechnical, construction, and materials testing and inspection projects form initiation to completion. His experience consists of a wide range of projects for both private developers and government agencies, in both the United States and Asia. Such projects have included: school and university facilities, residential communities/subdivisions, commercial buildings and industrial complexes, recreation facilities, sewage treatment facilities, water facilities, airports, street and highway improvements with construction costs well over $2 billion. Mr.

Chandra has also supervised public works project including concrete lining of 33 miles of the Coachella Canal, flood control and sewage treatment plants.

Professional Experience
2002 – Present Area Manager/Principal Engineer, Landmark Consultants, Inc. 1998 – 2002 Project Manager/Materials Engineer, Kleinfelder, Inc. 1993 – 1998 Deputy Construction Manager, PT Sentra BDNI 1978 – 1993 Materials Engineer/Operations Manager, RMA Group Selected Project Experience
• Performed geotechnical and materials consulting services for various street and bridge improvements for the cities of Rancho Mirage, Cathedral City, Palm Desert, Palm Springs, Indian Wells, La Quinta and Indio, California. • Performed geotechnical and materials consulting services for Mission Spring Water District in Desert Hot Springs, California
• Performed geotechnical and materials consulting services for Desert Water Agency in Palm Springs, California.
• Performed geotechnical and materials consulting services for Coachella Canal Lining for Montgomery Watson Harza, in Coachella Valley, California. • Performed materials consulting services for East Branch Water Extension Project, for State of California Department of Water Resources, in Redlands, California • Performed geotechnical and materials consulting services for TVRI and TVWP Waterline Projects for Boyle Engineering, in the County of Riverside, California. • Performed materials consulting services for Anaheim Convention Center Expansion, for City of Anaheim, in Anaheim, California
LandMark Consultants, Inc. (LandMark)
Geotechnical Analysis - 11% Total Work
LandMark is a consulting firm providing geotechnical engineering and construction materials testing services in the Imperial, Riverside, and San Bernardino County areas of Southern California. The firm was incorporated in El Centro in 2003 with staff assembled in association with Southland Geotechnical since 1987. The staff of Landmark’s El Centro office has been operating together since 1982 and has earned a reputation for high quality, cost effective, and responsive technical and professional service. The technical experience and commitment of LandMark Staff results in innovative, cost-effective geotechnical consulting services for small and large projects with challenging site conditions and issues.

LandMark works with clients and other involved parties to develop strong working relationships based on integrity, mutual respect, and the shared commitment to designing and constructing noteworthy projects. WEBB has worked with LandMark for over 30 years.
490
22 Underground Solutions Inc. (USI)
Potholing & Utility Location - 10% Total Work
USI is the leading experienced underground utility location company in Southern California. USI was formed out of necessity by experienced utility contracting experts that realized the need for safe, fast, and accurate underground utility locating. USI and their team of highly qualified operators and management are committed to performing a fast, safe, and accurate utility locating service. Their high velocity air-driven excavation delivers the power to cut precise holes into the earth without damaging the utility being located.
120 N. Andreasen Drive, Escondido, CA 92029
Phone: (760) 294-9449
1 Thomas C. Mueller
VP Field Operations
Thomas (T.C.) Mueller has over thirty (30) years of hands-on general engineering contracting experience in the counties of San Diego, Orange, LA, Riverside and San Bernardino area with emphasis on safety and production.

Familiarity with various types of utility installation, soil conditions, excavation equipment, traffic control and safe practices. Experience installing utilities is found to be invaluable in determining locations and depths of existing utilities when potholing and locating.

Southern Contracting, Inc
1989 - 2000

EDUCATION
1989 Orange Glen High School – Escondido, CA

YEARS OF EXPERIENCE
30+ Years
FIRMS
Underground Solutions, 2004 – Current
Garver West 2000 - 2004.

Southern Contracting, Inc 1989 - 2000

LICENSES/CERTIFICATIONS
Licenses/Certifications
10-Hr OSHA, Competent Person/Confined Space,

HAZCOM-MSDS
Jobsite Safety Inspection
Staking University Certificate of Locating
Competency (Electro-magnetic instruments)
Louisiana Tech University Certificate of Utility
Investigation
491
23 Section 6. Consultant References and Relevant Experience Archer Sewer Replacement Project
Jurupa Community Services District
Client Contact: Eddie Rhee, PE, Engineering Manager
Jurupa Community Services District
11201 Harrell Street, Jurupa Valley, CA 91752-3715
[email protected] | 951.685.7437 Ext. 118
The JCSD 22/23 Sewer Replacement Project for this year consists of Archer Street, 63rd Street, 64th Street, 65th Street, and Baker Street. The project consists of furnishing, installing, testing, and making operational approximately 5,800-LF of 8-inch diameter, 3,100-LF of 10-inch diameter, 1,040-LF of 12-inch diameter PVC SDR-36 sewer pipeline, and 4,850-LF of 8-inch diameter PVC waterline, all connections to existing sewer and waterlines, all appurtenances, and all associated paving, trenching, and surface restoration; abandonment of existing sewer and waterlines, installation of new sewer laterals and water services and meter boxes; import materials; excavation, backfilling, compaction, paving, and traffic control.

Project Duration: 2023 - Present
Estimated Construction Cost: $4.9M
492
24 Etiwanda Pipeline Project - Preliminary Design
Jurupa Community Services District (JCSD)
Client Contact: Eddie Rhee, PE, Engineering Manager
Jurupa Community Services District
11201 Harrel Street, Jurupa Valley, CA 91752-3715
[email protected] | 951.685.7437 Ext. 118
WEBB provided project management services for the preliminary design, working closely together with JCSD Staff, CVWD Staff, other agencies and the engineering team. This project will construct a 30-inch or 36-inch diameter welded steel pipeline from Cucamonga Valley Water (CVWD) Districts’ Llyod Michaels Treatment Plant located at 24th Street and Etiwanda Avenue in Rancho Cucamonga to the District’s 1,110-FT and 970-FT pressure zone tanks located along Country Village Road just north of the 60 Freeway. The estimated length of the proposed pipeline is 52,000 – 55,000-FT depending on the final alignment. The ground elevation at the Lloyd Michael’s plant is approximately 1,648-FT.

The proposed alignment would extend directly South on Etiwanda Avenue from the Michaels Water Treatment Plant to Valley Boulevard. From this intersection the pipeline would go east on Valley Boulevard to Calabash Avenue. From this intersection the pipeline would go south under the 10 Freeway to Slover Avenue. From this intersection the pipeline would go west on Slover Avenue to Mulberry Avenue at which point the pipeline would go south on Mulberry Avenue which changes its name to Country Village Road at the Riverside County Line. In Country Village Road, the Etiwanda Pipeline will connect into the District’s existing 30-inch diameter waterline going to the 1,110-FT storage reservoirs and connect into JCSD’s existing 24-inch diameter water line going to the 970-FT storage reservoirs.

Project Duration: June 2020 - December 2022
Design Fee: $748,742
493
25 Veterans Industrial Park 215
Hillwood Investment Properties
Client Contact: Kathy Hoffer - Vice President, Development Hillwood Investment Properties
901 Via Piemonte Suite 175, Ontario, CA 91764
[email protected] | 909.382.0033
Hillwood partnered with WEBB to develop the Backbone Infrastructure Final Design and Construction Management Services for two industrial warehouse buildings totaling 2,189,861SF site located south of Cactus Avenue, east of Interstate 215, north of Nandina Avenue and west of Heacock Street in March Joint Powers Authority, CA. WEBB provided the following services: Land Developlent, Traffic and Transportation, Land Survey, and Contruction Management & Inspection. In addtion, WEBB provided the following Water Resources services Water Improvement Plans for WMWD
• Re-submitted and updated the Water and Sewer Technical Memorandum and coordinated with WMWD regarding the required interagency agreement
• Prepared Western Municipal Water District (WMWD) Water Improvement Plans based on the project’s preliminary design
• Prepared public water plans for approximately 4,200-LF of 18-inch diameter potable water pipeline along the Van Buren Blvd. extension and along the project’s southern boundary • Prepared public water plans for approximately 1,700-LF of 12-inch diameter potable water pipeline from a connection point in the Air Museum along the Van Buren Blvd. Extension • Prepared public water plans for approximately 2,400-LF of 8-inch diameter potable water pipeline along the Van Buren Blvd. Extension
• Prepared public water plans for a WMWD/EMWD metering station. Sewer Improvement Plans for WMWD Sewer Improvement Plans for WMWD
• Prepared off-site Sewer Improvement Plans for WMWD
• Prepared Western Municipal Water District (WMWD) Sewer Improvement Plans based on the project’s preliminary design
• Prepared public sewer plans for approximately 3,000-LF of 10-inch diameter force main relocation along the project’s frontage southerly frontage and northerly to an existing connection point where the existing force main crosses the I-215 freeway.
• Prepared plans and obtained Caltrans Permit for 4-inch and 10-inch sewer force mains in a 30-inch diameter casing crossing under the I-215 Fwy
Sewer Lift Station – Private On-Site
• Prepared preliminary engineering including site layout, sewer force main alignment alternatives, connection point(s), hydraulics analysis, needed improvements, preliminary cost estimates • Prepared lift station hydraulic draft preliminary report and final report • Prepared sizing and equipment for emergency generator and coordinated with electrical design team on electrical plans
• Performed structural calculations and prepared plans for underground structures, back-up power concrete pad and footings
• Perform surge analysis, addressed plan check comments, and prepared quantity and engineer’s estimates • Prepared technical specification sections and bid schedules Project Duration: 2019 - 2023
Design Fee: $1.3 Million
494
26 Annual Sewer Improvements Project
Edgemont Community Services District
Client Contact: Jessica Pfalmer, CPA, General Manager
Edgemont Community Services District
5055 Canyon Crest Drive, Riverside, CA, 92507
[email protected] | 951.784.5632
The City of Moreno Valley adopted a General Plan Update which updated land use and zoning within the study area boundaries. The land use categories consisted of diverse zoning designations ranging from single family residential to multi-family higher density residential, including commercial and business park/industrial land uses. WEBB was retained to evaluate the existing sewer system resulting in the Edgemont Sewer Master Plan. The required system improvements were determined and construction and project costs were developed.

WEBB prepared final engineering plans and specifications for a gravity collection system for each phase of the sewer improvement projects. The annual improvements include approximately 4,000 LF to 5,000 LF of 8-inch to 12-inch gravity pipe, sewer laterals, and clean-outs. The project included the development of capital improvement projects for new sewer mains, sewer replacement, and sewer point repairs based on District’s sewer system video program. The key issues being addressed in this project included heavy residential area, utility conflict, maintain sewer services, sewer bypass, sewer lateral location, and connection.

As the District’s Engineer, WEBB manages the construction of the annual sewer improvement project. The construction management includes, but is not limited to review of bid proposals, contractor submittal drawings, inspection reports, process requests for information, requests for change orders, partial pay estimates, weekly working statements, and periodic site visits to monitor construction and prepare notice of completions.

Project Duration: 2017 - 2018
Construction Cost: $2.5M
495
27 The WEBB Team has recently completed the engineering design for the Avalon Sewer Main. The sewer main is located on Avalon Street between the existing 12-in sewer at Raye Street and continue southwesterly approximately 720-LF to 34th Street and connect to an existing 8-in diameter sewer at that location. In addition, portions of the existing 8-in sewer southwest of this intersection to Mission Blvd were upsized to 12-in diameter to support near term development in the area.

Webb will coordinated with RCSD staff to determine what portions of this 8-in sewer were designed as a 12-in sewer (up to 1,520 lf) and what portions of the 8-in sewer were left as is.

Project Duration: 2022 - 2023
Estimated Construction Cost: $405,000
Engineering Design for Avalon Sewer Main
Rubidoux Community Services District
Client Contact: Ted Beckwith, Director of Engineering
Rubidoux Community Services District
3590 Rubidoux Boulevard, Riverside, CA 92509
[email protected] | 951.684.7580
496
28 WEBB provided engineering design services for Placentia / I-215 Interchange Sewer Relocation project.

Eastern Municipal Water District requested to relocate two sewer mains; 1) existing sewer crossing the I-215 freeway southerly of Placentia Avenue to a new crossing at Orange Avenue and 2) existing sewer within an easement northeast of the proposed interchange to the proposed East Frontage Road. WEBB constructed two new sewer main segments 1) approximately 2,400-LF of sewer main along West Frontage Road from Placentia Avenue to Orange Avenue, a crossing under the I-215 freeway at Orange Avenue and then connect to the existing EMWD sewer approximately 500-LF east of the freeway and 2) approximately 1,200-LF of sewer main along the East Frontage Road north of Placentia Avenue.

Project Duration: 2018-2023
Estimated Construction Cost: $1.6M
Placentia I-215 Sewer Relocation
Eastern Municipal Water District
Client Contact: Armando Arroyo, Senior Civil Engineer
Eastern Municipal Water District
2270 Trumble Road, Perris, CA, 92572
[email protected] | 951.928.3777
497
29 Section 7. Sub-Consultant References
LandMark Consultants, Inc. (LandMark)
Geotechnical Analysis
Client Project
Name Date City/County Description Reference
Coachella
Valley Water
District
Design Fee
Amount:
$36,438.00
Sewer
Pipeline
Rehabilitation -
Avenue 50
2021 La Quinta
Provided
geotechnical report
for the design and
construction of the
project
Armando Rodriquez, PE
Engineering Manager
(760) 398-2661
[email protected]
Jurupa
Community
Services
District
Design Fee
Amount:
$137,558.00
Waterline
Replacement
20-21
2020 -
2021 Jurupa Valley
Provided
geotechnical report
for the design and
construction of the
project
Eddie Rhee, PE
Engineering Manager
(951) 685 -7437
erhee@[email protected]
Santa Ana
River Water
Company
Design Fee
Amount:
$54,100.00
2018 Waterline
Replacement
2020-
2021 Jurupa Valley
Geotechnical
report for the
project. Field
exporlation,
labratory testing,
engineering
analysis and report
J. Arnold Rodriquez
General Manager
(951) 685-6503
[email protected]
498
30 Underground Solutions Inc. (USI)
Potholing & Utility Location
1 equipment, traffic control and safe practices. Experience installing utilities is found to be invaluable in determining locations and depths of existing utilities when potholing and locating.

RELEVANT EXPERIENCE
Customer Project
Name
Year City/County Description Reference
GHD Queens Way
Transmission
Pipeline
2022 Long Beach Pothole to
verify depth of
existing
utilities for
design
Kristin Tirado,
Senior Engineer
(949) 585 – 5216
Kristin.tiradoghd.com
GHD Golden Ave
Water Main
2022 Long Beach Pothole to
verify depth of
existing
utilities for
design
Pedro Alvarez,
PE
(949) 585 – 5262
[email protected]
GHD Shoreline
Drive
Realignment
2021
2022
Long Beach Pothole to
verify depth of
existing
utilities for
design
Vince Cruz,
PE
(949) 585 – 5247
[email protected]
AKM Arbor St &
Locust Ave
Sewer
2022 Long Beach Pothole to
verify depth of
existing
utilities for
design
Morgan Ying, PE
(949) 753 – 7333
[email protected]
Eastern
Municipal
Water
District
As Needed,
On Call
2009
thru
2022
Riverside
County
Utility
Potholing via
Air
Excavation
Potholing
Cameron Valenzuela
Facilities Location Manager
(951) 928 – 3777
[email protected]
Riverside
County
Flood
Control
District
As Needed,
On Call
2013
thru
2019
2022
thru
2027
Riverside
County
Utility
Potholing via
Air
Excavation
Potholing
Rudy Tabares, Jr
Sr. Engineering Tech
(951) 955 – 0087
[email protected]
City of
Carlsbad
Engineering
Department
As Needed,
On Call
2015
thru
2024
San Diego
County
Utility
Potholing via
Air
Excavation
Potholing
Daniel Zimny
Assistant Engineer
(760) 602-7551
[email protected]
gh
CA
s
nt
e,
e
ing
f
Tech
f
s,
Inc
$9,330.00
$10,550.00
$30,575.00
$21,850.00
$1,360,000
$221,290.00
$297,000.00
499
31 Section 8. Schedule
ID Task Name Duration Start Finish Predecessors
1 Project Kick-Off Meeting 0 wks Mon 10/16/23 Mon 10/16/23 2 3 Preliminary Design Phase 7 wks Mon 10/16/23 Fri 12/1/23 4 Design Survey and Aerial Mapping 4 wks Mon 10/16/23 Fri 11/10/23 1 5 Utilities Research 6 wks Mon 10/16/23 Fri 11/24/23 1
6 Field Walk and Preliminary Design 1 wk Mon 10/23/23 Fri 10/27/23 1FS+1 wk 7 Initial Caltrans Coordination 1 wk Mon 11/6/23 Fri 11/10/23 6FS+1 wk 8 City Review 2 wks Mon 11/13/23 Fri 11/24/23 6,7
9 Finalize Preliminary Design 1 wk Mon 11/27/23 Fri 12/1/23 8 10 Meeting with City for Final Selection 0 wks Fri 12/1/23 Fri 12/1/23 9 11 Bid Documents Plans and Specs 8 wks Mon 12/4/23 Fri 1/26/24 3 12 60% Plans and Specifications Submittal 3 wks Mon 12/4/23 Fri 12/22/23 13 City Review 60% Plans and Specs 3 wks Mon 12/25/23 Fri 1/12/24 12 14 100% Plan and Specification Submittal 1 wk Mon 1/15/24 Fri 1/19/24 13 15 City Final Review & Approval 0 wks Fri 1/19/24 Fri 1/19/24 14 16 Final Plans for City signatures 1 wk Mon 1/22/24 Fri 1/26/24 15 17 Sub-Consultants & Permits 17 wks Mon 11/13/23 Fri 3/8/24 18 Geotechnical Investigation and Report 6 wks Mon 11/13/23 Fri 12/22/23 6,7 19 Pothole Permit 4 wks Mon 11/13/23 Fri 12/8/23 6,7
20 Field Pothole and Report 6 wks Mon 12/11/23 Fri 1/19/24 19 21 Caltrans Permit 6 wks Mon 1/29/24 Fri 3/8/24 16
22 23 Bidding, Award, Contracts 6 wks Mon 3/11/24 Fri 4/19/24 16,21 24 Construction 17 wks Mon 4/22/24 Fri 8/16/24 23
10/16
12/1
1/19
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
2024

CITY OF ADELANTO
Auburn Avenue Sewer Main Design Services

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500
32 Section 9. Addenda Acknowledgment
1 City of Adelanto
Auburn Avenue Sewer Main Design Services
September 20, 2023
ADDENDUM #1
The attached constitutes additional information and serves to clarify issues considered to be part of the City of Auburn Avenue Sewer Main Design Services.

This addendum forms a part of the contract documents for the identified project and modifies the original specifications and plans as noted below. All bidders shall acknowledge receipt of this addenda in the ADDENDA ACKNOWLEDGEMENT page of the project specifications and include with their bid. Those portions of the contract not specifically mentioned in this addendum remain in force. All trades affected shall be fully advised of these changes, deletions, or additions.

Should you have any questions, please feel free to contact Saba Engineer, P.E., at (760) 246-2300 , or email: [email protected]
To all prospective bidders:

Substitute the following sections in the Scope of Work for the City of Adelanto Auburn Avenue Sewer Main Design Services.

Task 2 – Preliminary Design (30% Submittal)
The goals of the Preliminary Design are to:

1. Perform utility research to identify the utilities which are located in Auburn Avenue and Highway 395that may impact the alignment.

2. Determine the recommended casing diameter for the parallel 15- inch sewer under Highway 395 per Caltrans requirements.

Verification of the sewer diameter is not part of this scope; it will be a parallel 15-inch sewer.

3. Develop a design to construct a new 15-inch sewer pipeline parallel to the existing Auburn Avenue sewer pipeline and provide continuous sewer service by designing junction structures on either side of Highway 395.

4. Recommend materials for the pipeline given the service conditions and desire of the City to construct the pipeline as quickly as possible to relieve the surcharging being caused by the sag in the existing 15-inch sewer. . Currently DIP lined with Protecto 401 and PVC are being considered but the Consultant shall provide their own recommendations.
501
33 2

5. Prepare preliminary drawings showing the information gathered by the Consultant and the recommended alignment and configuration of the facilities.

____________________________________
Saba Engineer, P.E., City Engineer
Receipt acknowledged and conditions agreed to this ______ day of ___________2023.

Bidder: _________________________________________________ By: ____________________________________________________ 28 September
Albert A. Webb Associates
Bruce Davis, PE, Senior Vice President
502
Item Description
Bruce DavisPrincipal II Siming ZhangPrincipal II Sinnaro YosSenior III Elizabeth XiongAssociate III Joseph CaldwellPrincipal II Haley FrancoAssistant III Party Chief/2-Person Survey Crew Michael JohnsonPrincipal II Andres LopezSenior I Jordan MorettiAssistant V Jon RosSenior II Annette TrussellAssociate I Total HoursSubtotal - LaborSub-consultant budgetExpenses Total/task1
Billout Rate $ 302 $ 302 $ 272 $ 233 $ 302 $ 157 $ 314 $ 302 $ 250 $ 189 $ 259 $ 210 Task 1 - Project Management & Meetings 3 10 14 27 $ 6,124 $ - $ 96 $ 6,220 1a Kick off Meeting & 4 Meetings (virtual) 1 8 10 19 $ 4,288 $ - $ 96 $ 4,384 1b Schedule 2 4 6 $ 1,232 $ - $ - $ 1,232
1c General Administration 2 2 $ 604 $ - $ - $ 604
Task 2 - Preliminary Design 7 11 32 10 8 2 3 73 $ 17,711 $ 18,693 $ 150 $ 36,555 2a1 Utility Research 4 8 12 $ 2,188 $ - $ - $ 2,188
2a2 Potholing 1 2 4 1 8 2 3 21 $ 5,514 $ 9,206 $ 75 $ 14,795 2c Field Walk 4 4 $ 1,208 $ - $ 75 $ 1,283
2d Geotechnical Investigation 1 1 2 $ 429 $ 9,488 $ - $ 9,917 2e Preliminary Drawings 2 8 24 34 $ 8,372 $ - $ - $ 8,372 Task 3 - Final Design (60% and 100%) 6 24 40 8 10 19 3 110 $ 27,317 $ - $ 75 $ 27,392 3a Preliminary Design Plans (60%) 2 8 24 10 19 3 66 $ 15,613 $ - $ 75 $ 15,688 3b Preliminary Design Plans (100%) 2 16 16 34 $ 8,684 $ - $ - $ 8,684 3c QA/QC 2 8 10 $ 3,020 $ - $ - $ 3,020
Task 4 - Construction Bidding 8 12 5 25 $ 6,465 $ - $ 6,465 $ 6,465 4a Bidding Assistance 4 4 2 10 $ 2,610 $ - $ - $ 2,610
4b Addendum 2 4 6 $ 1,692 $ - $ - $ 1,692
4c Bid Review 1 2 3 6 $ 1,317 $ - $ - $ 1,317
4d Recommendation for Award 1 2 3 $ 846 $ - $ - $ 846
Task 5 - Assistance During Construction 5 10 12 9 36 $ 8,439 $ - $ - $ 8,439 5a Construction Meetings 4 4 $ 1,208 $ - $ - $ 1,208
5b Shop Drawings and RFI's/RFC's 8 8 8 24 $ 5,296 $ - $ - $ 5,296 5c Final Record Drawings 1 2 4 1 8 $ 1,935 $ - $ - $ 1,935 3 36 57 84 8 38 8 10 2 22 3 271 $ 66,056 $ 18,693 $ 3,554 $ 85,071 Optional Task - Survey and Mapping 4 16 12 8 4 6 30 2 82 $ 21,444 $ 3,450 $ 150 $ 25,044 Oa Aerial Topographic & Field Survey 10 3 6 19 $ 5,024 $ 3,450 $ 150 $ 8,624 Ob Alignment / ROW Survey 2 8 1 30 2 43 $ 11,484 $ - $ - $ 11,484 Oc Traffic Control Plans 4 16 20 $ 4,936 $ - $ - $ 4,936 Total
Auburn Avenue Sewer Main Design Services
City of Adelanto

1. Rounded to the nearest $1.

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503
ATTACHMENT No. 2

LOCATION MAP

AUBURN AVENUE SEWER MAIN DESIGN

504

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 25, 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 SEWER MASTER PLAN MODELING STAFF RECOMMENDATION:

Staff recommends Adelanto Public Utility Authority approve the award of a Professional Service Agreement (PSA) with Stantec Consulting Services, Inc. in the amount of $211,586 for Sewer Master plan Modelling authorizing project contingency in the amount of $21,000 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 Adelanto Public Utility Authority
DISC:USSION:

The City of Adelanto has experienced successful commercial and residential growth. The City anticipates robust growth in the coming years. Sewer system throughout the City needs to be studied and updated to fulfill existing and upcoming City demand. Sewer master plan needs to be developed and modelled in order to provide adequate demand information to design sewer system.

Staff solicited proposals from consultants through a formal request for proposal (RFP) process. The City received three proposals evaluated by an expert panel. Based on the outstanding qualifications presented, staff recommends award of contract to Stantec Consulting Services In. (Stantec) in the amount of $ 211,586 for Sewer Master plan Modelling for the first phase to complete the Wastewater Treatment Facilities Plan. Stantec is a leading global firm expert in wastewater design with 23 offices in California, and over 22,000 employees globally. The proposed Stantec team has completed projects for the City of Los Angeles Department of Water and Power, Western MWD, Inland Empire Utilities Agency, Irvine Ranch Water District, Riverside, Los Angeles County Wastewater District, and the City of Long Beach among many more.

If awarded by the City Council, project design is anticipated to begin in November 2023 and project design completion is anticipated for June 2024.

Staff recommends City Council approve the award of a Professional Service Agreement (PSA) with Stantec Consulting Services, Inc. in the amount of $211,586 for Sewer Master plan Modelling authorizing project contingency in the amount of $21,000 for the design services, authorizing City Manager or 505
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.

FISCAL IMPACT:

Estimated Project Cost
Design Contract $211,586
Project Contingency $ 21.000
Total Estimated Project Cost $232,586
This project will be funded by the Sewer Fund operating budget and no impact on General Fund.

ATTACHMENTS:

Attachment No. 1 Professional Service Agreement with Stantec Consulting Services, Inc.

506
2512/026150-0001
19521427.1 a10/19/23

CITY OF ADELANTO

PROFESSIONAL SERVICES AGREEMENT

SEWER MASTER PLAN MODELING
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this __25____ day of ___October_____, 2023 (“Effective Date”) by and between the CITY OF ADELANTO, a California municipal corporation, (“City”) and Stantec Consulting Services, Inc., a «Entity_Type» (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.

Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on October 25, 2023 and shall end on August 30, 2024 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.

1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
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1.6 Warranty. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services.

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed TWO HUNDRED AND ELEVEN THOUSAND, FIVE HUNDRED AND EIGHTY SIX DOLLARS ($211,586) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement.

Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.

Invoices shall be submitted to:

City of Adelanto
Attn: Accounts Payable
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11600 Air Expressway
Adelanto, CA 92301

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 Retention of Funds, Final Payment. Consultant hereby authorizes City to retain and deduct from any amount payable to Consultant not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Consultant within sixty (60) days after final acceptance of the Services by the City and after Consultant has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Consultant from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as provided in this Agreement. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.

2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.

2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date. 509
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SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certificates of insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement.

The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other insureds. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of selfinsurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
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4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

4.3 Professional Liability Insurance.
a. General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.

Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
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(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. (iii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
(iv) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 All Policies Requirements.
a. Acceptability of Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of Coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference:
«Contract_Title». The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Adelanto, 11600 Air Expressway, Adelanto, CA 92301. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
d. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded 512
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to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or selfinsured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
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SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.

5.3 Limitation of Indemnification for Design Professionals. Notwithstanding any provision of this Section 5 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. This Subsection 5.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.

5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.

SECTION 6. INDEPENDENT CONTRACTOR.

At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. 514
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The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

7.3 Prevailing Wages. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or nonpayment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages. 515
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b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
(vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. 516
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d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

7.4 Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.

7.5 Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.

7.6 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the 517
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extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.

SECTION 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.

8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.

8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.

8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement. 518
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8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.

SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Consultant understands and agrees that it may be required to provide documents to the City to be produced in response to a Public Records Act request.

9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
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9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

9.4 Inspection and Audit of Records. Any records or documents that Subsection 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.

Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

SECTION 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Orange County.

10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing 520
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and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by «Consultant_Contact» (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

10.8 City Contract Administration. This Agreement shall be administered by a City employee, «Staff_Contact», «Staff_Title» (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.

10.9 Notices. Any written notice to Consultant shall be sent to:

Stantec Cosulting Services, Inc.

Attn: Venu Kolli
300 N. Lake Avenue
Pasadena, CA. 91101
Any written notice to City shall be sent to the Contract Administrator at:

City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: Saba Engineer, City Engineer
with a copy to:

City Clerk
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301

10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
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__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

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

10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.

10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

10.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of 522
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Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF ADELANTO
Jessie Flores
Attest:

Brenda Lopez, City Clerk
Approved as to Form:

Todd Litfin, City Attorney

CONSULTANT
Carl Chan

«Consultant_Signature_2»

[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include «Contract_Title» services in the amount not to exceed «CONTRACT_AMOUNT_SPELLED_OUT» («Contract_Amount») as further detailed in the following page(s).
[ATTACH SCOPE OF WORK AND OTHER DETAILS SPECIFIC TO THE PROJECT] 525
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/026150-0001
19521427.1 a10/19/23 EXHIBIT A
.
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Stantec Consulting Services, Inc.
300 N. Lake Avenue, Suite 400; Pasadena, CA 91101

October 4, 2023
File: City of Adelanto
Attention: Angel Castellanos
11600 Air Expressway
Adelanto, CA 92301
Dear Mr. Angel Castellanos,
Reference: Sewer Modeling and Sub Area Master Plan for the City of Adelanto As requested, Stantec is please to submit the following letter proposal to provide engineering services for sewer modeling and an industrial sub area master plan. Stantec will be providing the services outlined below.

PROJECT TEAM
Venu Kolli, PE – Principal-in-Charge, who will perform the independent review of deliverables Connie Adera, PE, PMP – Project Manager, who will organize the team, coordinate deliverables, produce invoices, and manage the schedule.

Carl Chan, PE – Sewer Modeling Lead, who will oversee the sewer modelling task. He will provide technical guidance and review.

Jeff Dunn, PE – Sub Area Master Plan Lead, who will oversee the sub area master plan task. He will provide technical expertise and review.

Other staff will be decided depending on schedule and availability.

SCOPE OF WORK
The Scope of Services for this project is divided into the following tasks:

Task 1 Project Management
Task 1.1 Administrative Tasks
Stantec will provide administrative project management throughout the project duration. The project management task will consist of:
 Monthly submission of project administration, activity reports and invoices  Schedule and budget management
 Project coordination and communication
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October 4, 2023
Angel Castellanos

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Reference: Sewer Modeling and Sub Area Master Plan for the City of Adelanto

Task 2 Sewer Modeling
Task 2.1 Project Coordination and Meetings
 2.1A – Stantec will coordinate with the City to ensure that relevant project deliverables and other documents are available for the project team. Stantec will attend two technical meetings (in addition to kickoff meeting) at important milestones of the project in order to inform of key findings and make critical decisions to move forward.

Task 2.2 Data Collection and Review
 2.2A – Kickoff Meeting: Stantec will attend a project initiation (kickoff) meeting to begin the project and discuss available data. The kickoff meeting will also be used to establish lines of communication, the project schedule, key deliverables, and the project coordination methodology.  2.2B – Model Review and Data Gap Analysis: Stantec will review the existing GIS and record drawings and perform a data gap analysis. The gap analysis will identify data sources and areas where further additional data collection is necessary.
 2.2C – Flow Monitoring and Rainfall Data Collection: Stantec will establish a temporary 4-week flow and rainfall data collection program. Stantec will review the sewer network configuration and finalize 8 flow monitoring locations to collect sewer depth and velocity information. Stantec will collect 4-week of flow data from 8 locations. Time and ODCs are allocated in this task for Stantec to make one site visit to check on flow calibration, if needed.

Assumptions: Record drawings are available from the City and no field surveying is needed to gather sewer attributes. Stantec assumes will not need to perform a site visit to gather data.

Task 2.3 Data Analysis
 2.3A – Water Consumption Analysis: The City will provide past two years of winter water consumption data to support this analysis. Stantec will review the provided winter-month water consumption record.

Stantec will estimate preliminary daily average sanitary sewage base flow. Stantec will also use geocoded water meter billing records and assign the base flow loading in the model.  2.3B – DWF and Diurnal Pattern Analysis: Stantec will identify dry weather periods during the flow monitoring period. Stantec will identify dry weekday and weekend days that are not influenced by wetweather responses. Using the dry-weather weekdays and weekends, Stantec will determine an average dry-weather flow and the average 24-hour diurnal pattern for weekday and weekend, respectively for each flow meter.
 2.3C – Dry Weather Infiltration Analysis: Stantec will use flow monitoring data to estimate average dry weather infiltration for nine (9) flow monitoring locations.

Task 2.4 Model Development
 2.4A – Sewer Network Build: Stantec will build a hydraulic model using PCSWMM to represent the main sewer trunk (12” and larger). The model build will be primary based on using record drawings, and other relevant sources. Stantec assumes the GIS database does not have adequate sewer attributes data to support model development and record drawings will be needed. 528
October 4, 2023
Angel Castellanos

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Reference: Sewer Modeling and Sub Area Master Plan for the City of Adelanto

 2.4B – Subcatchment Development: Stantec will delineate subcatchments to cover the sewer service area.

Task 2.5 Model Calibration
 2.5A – DWF Calibration: Stantec will conduct dry weather flow calibration in this subtask. Stantec will use flow depth and velocity data provided by DWR to support this task. Stantec will adjust the hydraulic parameters in the model, initial base flow parameters from Task 2A, and initial ground water infiltration parameters from Task 2C in this task. Stantec will calibrate the model using the reliable flow measurements under dry weather conditions.

Task 2.6 Capacity Assessment
 2.6A – Existing Condition Assessment: Stantec will conduct hydraulic assessment using d/D to identify potential capacity issue under existing condition. Stantec will identify remaining capacity available to future development.

Task 2.7 Calibration and Capacity TM
 2.7A – Draft TM: Stantec will prepare and submit up to a 5-page Draft Model Calibration & Capacity TM that will summarize calibration and capacity results.
 2.7B – Final TM: Stantec will submit final TM. The final deliverable will also include a copy of the calibrated model.

Task 2.8 Sewer Model Training
 2.8A – Stantec will lead one in-person training at the City to train City staff to update the sewer model and hold four follow-on trainings via conference call.

DELIVERABLES:
 Draft Calibration & Capacity TM
 Final Calibration & Capacity TM
 Calibrated Hydraulic Model
Task 3 Industrial Sub Area Master Plan
The City has requested Stantec to incorporate additional scope of sevices for a detailed sub area master plan for a new industrial development area. This industrial development is anticipated to comprise approximately 18 msf of building footprint, and is intended to be implemented in three phases, as depicted in Figure 1.

Stantec assumes that the preparation of a Sub Area Master Plan for this industrial development will be performed during the modeling and analysis of the existing wastewater collection system for the Sewer Master Plan. Modeling will be performed once the sewer model has been created and calibrated. However, 529
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Reference: Sewer Modeling and Sub Area Master Plan for the City of Adelanto

a separate report from the Sewer Master Plan will be prepared as a deliverable specific to the industrial area.

Figure 1: Future Industrial Area Identified for the Sub Area Master Plan Stantec anticipates the following tasks to complete the Sub-Area Master Plan.  Task 3.1: Meetings – We will attend coordination meetings with the city and developer to discuss relevant development planning information, phasing and design details (2 meetings)  Task 3.2: Data Collection – We assume the city will coordinate with the developer as needed to collect the preliminary development and design data required based on our data request .Once the data is received, we will review the data accordingly as to the condition of the data and use for our analyses.  Task 3.3: Preliminary Layout and Modeling – We will prepare a preliminary conceptual layout of the proposed development sewer system based on the development configuration, building locations, existing elevations, and proposed grading information. This system layout will be added to the to the model prepared for the Sewer Master Plan. Using building information provided we will estimate the sewer flows to be generated from each building site, add these flows to the model and evaluate the sewer system to verify proposed pipe diameters and slopes for capacity. We will also investigate impacts to the existing sewer system and recommend any improvements that the development may 530
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Reference: Sewer Modeling and Sub Area Master Plan for the City of Adelanto

trigger. In addition to the gravity sewer assessment, we will assess the need and capacity for lift stations, pumps and force mains. We will prepare a planning level cost estimate.  Task 3.4: Report – We will prepare a draft and final technical memorandum.

DELIVERABLES:
 Draft Sub Area Master Plan
 Final Sub Area Master Plan
Assumptions: Preliminary layout of the industrial development will be provided, including grading elevations, building pad elevations, building layout and size, and connection points to the existing sewer system.

Exclusion: This scope does not include wastewater treatment plant master planning or sewer master planning effort.

SCHEDULE
Stantec will complete the scope based on the attached schedule. The start time for Task 2.2 Flow Monitoring is highly dependent upon the availability of the flow metering subcontractor. At this time the flow subcontractor has availability but this will vary if there is a delay.

FEE
The fee attached reflects the tasks as described above. The total fee proposed is $211,586. Stantec proposes to utilize our 2023 Stantec Rate Table and proposes to increase billing rates by 5% each year.

We are looking forward to getting started on this effort and would like to get a meeting scheduled as soon as possible with the team.

Regards,
Stantec Consulting Services, Inc.

Venu Kolli PE, PMP
Practice Leader
Phone: 949-413-9059
[email protected]

Carl Chan PE
Senior Principal
Phone: 317-760-6651
[email protected]
531
Stantec Consulting Services, Inc.
300 N. Lake Avenue, Suite 400; Pasadena, CA 91101
Task
# Task Name
Principal
in
Charge
Project
Manager
Modeling
Lead
Sub Area
Master
Plan Lead
Sewer
Modeler
Modeling
and
Planning
Support
Project
Controller
Total
Hours
Labor Costs
Total
Flow
Monitoring
Other
Direct
Costs
Stantec
Total
$276 $238 $250 $267 $220 $200 $220
1 Project Management

1.1 Administrative Tasks 24 8 32 $7,472.00 $7,472.00
Task 1 Sub‐Total 0 24 0 0 0 0 8 32 $7,472.00 $0.00 $0.00 $7,472.00 2 Sewer Modeling

2.1 Project Coordination andMeetings 2 4 4 24 4 38 $8,584.00 $8,584.00

2.2 Data Collection & Review 8 6 10 26 50 $10,804.00 $71,830.00 $200.00 $82,834.002.3 Data Analysis 2 4 16 22 $4,580.00 $4,580.002.4 Model Development 4 8 80 92 $18,760.00 $18,760.002.5 Model Calibration 4 24 80 108 $22,280.00 $22,280.002.6 Capacity Assessment 2 8 16 26 $5,460.00 $5,460.002.7 Calibration & Capacity TM 8 4 8 16 36 $8,168.00 $8,168.002.8 Sewer Model Training 30 30 $7,500 $2,000.00 $9,500.00 Task 2 Sub‐Total 10 12 56 0 86 238 0 402 $86,136.00 $71,830.00 $2,200.00 $160,166.00 3 Sub Area Master Plan

3.1 Project Coordination andMeetings 2 4 12 12 30 $7,708.00 $7,708.00

3.2 Data Collection 16 40 56 $12,000.00 $12,000.003.3
Preliminary Layout andModeling 20 32 52 $11,400.00 $11,400.00

3.4 Sub Area Master Plan Report 4 16 8 28 56 $12,840.00 $12,840.00 Task 3 Sub‐Total 6 4 64 20 0 100 0 194 $43,948.00 $0.00 $0.00 $43,948.00 Total 16 40 90 20 126 338 8 638 $137,556.00 $71,830.00 $5,800.00 $211,586.00 532
October 4, 2023
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ID Task Name Start Finish
1 Adelanto ‐ Sewer Modeling
& Sub Area Master Plan Mon 10/23/23 Tue 4/23/24
2 Notice to Proceed Mon 10/23/23 Mon 10/23/233 Task 1 Project Management Fri 9/1/23 Tue 4/23/244 Task 2 Sewer Modeling Mon 10/23/23 Tue 4/2/24
5 Task 2.1 Project Coordination
& Meetings Mon 10/23/23 Wed 3/13/24
6 Task 2.2 Data Collection
& Review Mon 10/23/23 Mon 1/22/24
7 Task 2.3 Data Analysis Tue 1/23/24 Mon 1/29/248 Task 2.4 Model Development Mon 10/23/23 Fri 11/17/239 Task 2.5 Model Calibration Tue 1/23/24 Tue 2/20/24 10 Task 2.6 Capacity Assessment Wed 2/21/24 Tue 3/5/2411 Task 2.7 Calibration & Capacity TM Wed 3/6/24 Tue 3/19/24
12 Submit Calibration
& Capacity TM Tue 3/19/24 Tue 3/19/24
13 Task 2.8 Sewer Model Training Wed 3/6/24 Tue 4/2/2414 Task 3 Sub Area Master Plan Mon 10/23/23 Tue 4/23/24
15 Task 3.1 Project Coordination
& Meetings Mon 10/23/23 Fri 1/5/24
16 Task 3.2 Data Collection Mon 10/23/23 Fri 11/17/2317 Task 3.3 Preliminary Layout and Modeling Wed 3/6/24 Tue 4/2/2418 Task 3.4 Sub Area Master Plan Report Tue 4/2/24 Tue 4/23/2419 Submit Draft Sub Area Master Plan Report Tue 4/2/24 Tue 4/2/2420 Receive Comments on Draft Sub Area Master Plan Report
Wed 4/3/24 Tue 4/16/24
21 Submit Final Sub Area Master Plan Report Tue 4/23/24 Tue 4/23/24 10/23 Notice to Proceed
3/19
4/2
4/23
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 2, 2023 Qtr 3, 2023 Qtr 4, 2023 Qtr 1, 2024 Qtr 2, 2024 City of Adelanto - Sewer Modeling and Sub Area Master Plan Proposed Project Schedule

Page 1 ends

534

CITY COUNCIL AGENDA REPORT
| 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 25, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Saba Engineer, City Engineer
SUBJECT: AWARD A CONTRACT FOR REPAIRS AT AUBURN AVENUE AT ROUTE 395 STAFF RECOMMENDATION:

Staff recommends the City Council approve an award of construction contract agreement with JLM Grading and Paving, Inc. in the amount of $39,890 to provide emergency repair at Auburn Avenue and Route 395.

BACKGROUND:

During recent Storm Hillary, Auburn Avenue at Route 395 has been badly damaged and deteriorated.

The street needs to be repaired as soon as possible. As an emergency work three quotes were received as follows:

S. No. Company Amount

1. JLM Grading and Paving $39,890.00

2. Underground Solutions, LLC. $49,004.80

3. Christensen Brothers General Engineering, Inc. $59,074.62 The lowest proposal was received from JLM Grading and Paving. Staff recommends the City Council approve an award of construction contract agreement with JLM Grading and Paving, Inc. in the amount of $39,890 to provide emergency repair at Auburn avenue at Route 395.

FISCAL IMPACT:

The Funds will be paid for using fund 210 Gas tax and will not affect the General Fund of the City of Adelanto
ATTACHMENTS:

A. Proposal
B. Location Map
C. Contract Service Agreement
535
LIC # 1028233
CELL:
951-241-3981

QUANTITY SCOPE OF WORK UNIT PRICE AMOUNT

CUSTOMER

CITY OF ADELANTO PROJECT IS AN EMERGENCY REPAIR OF

DAMAGED CHANNEL ON AUBURN RD

ESTIMATE NO
J-040
DATE 1 MOBILIZATION
8/30/2023
ADDRESS 150 LF CONSTRUCT A 2' CONCRETE WALL AGAISNT
NORTHSIDE OF STREET $14,390.00

AUBURN RD
CITY/STATE/ZIP 2000 SQFT CONSTRUCT GROUTED RIP RAP ON
SOUTHSIDE OF STREET $25,500.00

ADELANTO,CA
PHONE
E-MAIL

PROJECT

AUBURN CHANNEL
PREPARED BY:

GEO MENDOZA-LIM SUBTOTAL

PAYMENT TERMS NOT INCLUDED
IN FULL NET 30 AFTER

JOB COMPLETION
PAYMENT INTEREST TOTAL $39,890.00
AFTER 30: MONTHLY 5%
AFTER 60: MONTHLY 8%

PROPOSAL VALID
30 DAYS Date
Sign Below to Accept Quote:

Authorized Rep

1. ANY PERMIT FEES 2. IMPORT OR EXPORT OF DIRT 3.

ADJUSTING MANHOLES 4. REPAIR OF WET SOFT PUMPING AREAS

5. SOIL STABILIZATION 6. REGISTERED STAKING 7. WATER
METER, WATER COST 8. TRAFFIC CONTROL 9. BONDING 10.

ADJUSTING EXISTING UTILITIES ANYTHING NOT LISTED IN SCOPE OFFICE: 909-990-5253
[email protected]
18358 JURUPA AVE BLOOMINGTON CA 92316

JLM GRADING & PAVING PROPOSAL
536

ATTACHMENT E

LOCATION MAP
AUBURN AVENUE AT ROUTE 395- EMERGENCY REPAIR

537
538
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CITY OF ADELANTO

CONTRACT SERVICES AGREEMENT
AUBURN AVENUE AT ROUTE 395
THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this ___25_____ day of ____October______, 2023 by and between the CITY OF ADELANTO, a California municipal corporation, (“City”) and JLM Grading and Paving, a (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

City sought, by issuance of a Request for Proposals or Invitation for Bids, for the performance of the services defined and described particularly in this Agreement. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in this Agreement, was selected by City to perform those services. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in this Agreement and desire that the terms of that performance be as particularly defined and described herein.

SECTION 1. SERVICES.

1.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A, “Scope of Services” and incorporated herein by this reference (the “Services”).

Contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. The Scope of Services incorporates Contractor’s scope of work or bid for the Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.2 Term of Services. The term of this Agreement shall begin on October 25, 2023.

Unless earlier terminated in accordance with Section 8 of this Agreement, this Agreement shall continue in full force and effect until final written approval and acceptance of the work performed under this Agreement by the Contract Administrator. The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.3 Standard of Performance.
a. Quality of Work. As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Contractor shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by 539
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one or more first-class firms performing similar work under similar circumstances, and to the sole satisfaction of the Contract Administrator.
b. Care of Work. Contractor shall adopt reasonable methods during the term of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. c. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. d. Warranty. Contractor warrants all work under this Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non-conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to 540
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the reasonable satisfaction of City, City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
e. Skilled and Trained Workforce. Contractor, for itself and its subcontractors at every tier, hereby provides an enforceable commitment to comply with California Public Contract Code section 2600 et seq., which requires use of a skilled and trained workforce to perform all work on the agreements that fall within an apprenticeable occupation in the building and construction trades.
f. Inspection and Final Acceptance. The Services shall be performed to the satisfaction of City. City may inspect and accept or reject any of Contractor’s work under this Agreement, during performance and/or when completed. City shall reject or finally accept Contractor’s work within forty five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 4 and Section 5, pertaining to insurance and indemnification, respectively.

1.4 Assignment of Personnel. Contractor shall assign only competent personnel to perform the Services. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services.

Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.5 Time. Time is of the essence in the performance of this Agreement. Contractor shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Contractor’s obligations hereunder. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Scope of Services. When requested by Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Administrator but not shall not exceed one hundred eighty (180) days cumulatively.

1.6 Force Majeure. The time period(s) specified in the Scope of Services for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Administrator in writing of the causes of the delay. The Contract Administrator shall ascertain the facts and the 541
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extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the sole judgment of the Contract Administrator such delay is justified. The Contract Administrator’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.

1.7 Suspension of Services. The City Engineer of City (“Engineer”) shall have the authority to suspend the Services, wholly or in part, for such period as the Engineer may deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the Services, or for such time as the Engineer may deem necessary due to the failure on the part of Contractor to carry out orders given or to perform any provisions of the Services. Contractor shall immediately comply with the written order of the Engineer to suspend the Services wholly or in part and shall not resume the Services until ordered to do so in writing by the Engineer. Such suspension shall be without liability to Contractor on the part of City. In the event a suspension of work is ordered because of failure on the part of Contractor to carry out orders given or to perform any provisions of the Services, such suspension of the Services shall not relieve Contractor of responsibility to complete the Services within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of the Services shall not entitle Contractor to any additional compensation.

1.8 Familiarity with Work and Worksite. By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact and shall not proceed until written instructions are received from the Contract Administrator.

1.9 Further Responsibilities of the Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless otherwise specified in this Agreement, neither Party shall be responsible for the service of the other.

SECTION 2. COMPENSATION.

2.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed THIRTY NINE THOUSAND, EIGHT HUNDRED AND NINETY DOLLARS ($39,890) notwithstanding any contrary indications that may be contained in Contractor’s proposal or bid, for the Services to be performed and reimbursable costs incurred under this Agreement. This compensation may be administratively adjusted pursuant to Section 8.4 herein. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Contractor for the Services rendered pursuant to this 542
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Agreement at the time and in the manner set forth herein. The payments specified in this Section 2 shall be the only payments from City to Contractor for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein.

2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Contractor’s rates as specified in the Scope of Services, provided that time estimates are provided for the performance of subtasks, or (iv) such other methods as may be specified in the Scope of Services. In no event shall compensation exceed the amount set forth in Subsection 2.1.

2.3 Invoices. Contractor shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall also be detailed by such categories. Invoices shall contain:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Principals’ signatures.

Invoices shall be submitted to:

City of Adelanto
Attn: Accounts Payable
11600 Air Expressway
Adelanto, CA 92301

2.4 City Payment of Invoices. City shall independently review each invoice submitted by Contractor to determine whether the work performed and expenses incurred are in compliance 543
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with the provisions of this Agreement. City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Pursuant to California Public Contract Code Section 20104.50, Contractor is notified that for public works Services, City’s failure to pay undisputed and properly submitted invoices within thirty (30) days shall be subject to interest at the legal rate set forth in Code of Civil Procedure Section 685.010. Any invoice for public works Services determined not to be a proper invoice suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. An invoice returned pursuant to the foregoing shall be accompanied by a writing stating the reasons why the invoice is not proper.

2.5 Retention of Funds, Final Payment.
a. Contractor hereby authorizes City, in the sole discretion of the Contract Administrator, to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the total compensation The retained funds shall be paid to Contractor within sixty (60) days after final acceptance of the Services by the City and after Contractor has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Contractor from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as provided in this Agreement. b. Notwithstanding Paragraph a, California Public Contract Code Section 22300 permits the substitution of securities for any retention monies withheld by City for public works Services. At the request and expense of Contractor, securities equivalent to the monies withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to Contractor. City retains the sole discretion to approve the bank selected by Contractor to serve as escrow agent. Upon satisfactory completion of the Services, the securities shall be returned to Contractor. Securities eligible for investment shall include those listed in Government Code Section 16430. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. In the alternative, under California Public Contract Code Section 22300, Contractor may request City to make payment of earned retention monies directly to the escrow agent at the expense of Contractor. Also at Contractor’s expense, Contractor may direct investment of the payments into securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor. Upon satisfactory completion of the Services, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from City pursuant to the terms of California Public Contract Code Section 22300.

2.6 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed 544
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pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

2.7 Hourly Fees. Fees for the Services performed by Contractor on an hourly basis shall not exceed the amounts shown on Exhibit A.

2.8 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement. Reimbursable expenses not listed in Exhibit A must be approved in advance by the Contract Administrator, in his or her sole discretion. Contractor shall not be entitled to any additional compensation for the attendance of meetings reasonably deemed necessary by City for the execution of the Services.

2.9 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

2.10 Payment upon Termination. In the event that City or Contractor terminates this Agreement pursuant to Section 8, City shall compensate Contractor for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.

2.11 No Waiver. Payment to Contractor for Services performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 3. FACILITIES AND EQUIPMENT.

3.1 Contractor Provides Facilities and Equipment. Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense.

3.2 Utility Relocation. Where applicable, pursuant to California Government Code Section 4215, City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities.

Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

3.3 Trenches or Excavations. Pursuant to California Public Contract Code Sections 6705 and 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
a. Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated 545
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by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
b. If the Services involve an estimated expenditure in excess of Twenty-Five Thousand Dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by the City Engineer, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
c. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue an order or amendment for additional services pursuant to Subsection 8.4 or 8.5 of this Agreement. d. If a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.

SECTION 4. INSURANCE AND BOND REQUIREMENTS.

Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certified copies of insurance policies and original endorsements, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Contractor shall also deliver the payment and performance bonds required by this Section 4 with City. Contractor shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Contractor’s compensation. Contractorshall not allow any subcontractor, Contractor or other agent to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City, and has delivered the required bonds to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Contractor acknowledges the insurance policy must cover interinsured suits between City and other insureds. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII 546
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or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator.

4.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Contractor may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Contractor, if a program of selfinsurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. Pursuant to California Labor Code Section 1860, Contractor is required to secure the payment of compensation to Contractor’s employees. Pursuant to California Labor Code Section 1861, Contractor hereby submits to City the following:

I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Contractor Initial: _______

4.2 Commercial General and Automobile Liability Insurance. a. General Requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and 547
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damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, leased, and non-owned automobiles. b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9 including “any auto” and endorsement CA 0025 or equivalent). No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. (iii) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

4.3 Professional Liability Insurance.
a. General Requirements. Contractor, at its own expense, shall maintain professional liability insurance appropriate to Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to the Services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of the Services or the expiration or termination of this Agreement. During this additional five (5)- year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Contractor must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; 548
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(2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Contractor’s sole cost and expense, any extended reporting provisions of the policy, if Contractor cancels or does not renew the coverage.
(iii) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 Pollution Liability Insurance. Contractor, at its own expense, shall maintain pollution liability insurance written on a per occurrence for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per pollution incident and ONE MILLION DOLLARS ($1,000,000.00) in the general aggregate. The policy shall apply to any incidents at or from any location on which Contractor performs the Services under this Agreement. The insurance must be maintained for at least one (1) year following the completion of Contractor’s services or the expiration or termination of this Agreement.

4.5 All Policies Requirements.
a. Verification of Coverage. Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference:

AUBURN AVENUE AT ROUTE 395. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Adelanto, 11600 Air Expressway, Adelanto, CA 92301. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Contractor. b. Notice of Reduction in or Cancellation of Coverage. Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
c. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any 549
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insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees, agents, authorized volunteers, and their respective insurers.
d. Deductibles and Self-Insured Retentions. Contractor shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Contractor may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
f. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

4.6 Payment and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a payment (labor and materials) bond and a performance bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secure the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement. Payment and performance bonds shall be secured from a surety company rated Grade “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator due to unique circumstances, and shall be authorized to write such bonds in the State of California. Contractor shall pay all bond premiums, costs, and incidentals. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor. Without limiting the foregoing, Contractor understands that Civil Code Section 550
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9550 requires a payment bond for all public works contracts involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000).

4.7 Remedies. In addition to any other remedies at law or equity City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including costs and expenses incurred by City and reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Contractor fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Contractor, its officers, agents, employees, or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.

5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.
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5.3 Subcontractors. Contractor shall incorporate similar indemnity agreements with its subcontractors. Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisions shall not be a waiver hereof.

In the event any applicable law contains a limitation on indemnification under this Agreement, such limitation shall supersede the provisions herein only to the extent required by said law.

SECTION 6. INDEPENDENT CONTRACTOR.

At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.4; however, otherwise City shall not have the right to control the means by which Contractor accomplishes the Services rendered pursuant to this Agreement.

The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Contractor as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.

City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

SECTION 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Contractor shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Contractor 552
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acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.

7.3 Prevailing Wages. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the California Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages. b. California Labor Code. The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site.
(ii) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to California Labor Code Section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system. (iii) Pursuant to California Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one 553
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week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code.
(vi) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices.

Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Contractor in connection with this Agreement.
(vii) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d. DIR Monitoring. Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of California Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

7.4 Licenses and Permits, Fees, and Assessments. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to 554
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practice their respective professions, and perform the Services. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.

7.5 Conflicts of Interest. Contractor represents, warrants, and covenants that Contractor presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement. Contractor further agrees that while this Agreement is in effect, Contractor shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement.

7.6 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contractor without further acknowledgment of the Parties.

7.7 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Contractor acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.

7.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to City the sum of FIVE HUNDRED DOLLARS ($500.00) as liquidated damages for each working day of delay in the performance of any of the Services. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages. 555
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SECTION 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may terminate this Agreement at any time and without cause upon thirty (30) days’ written notification to Contractor. City may also terminate this Agreement pursuant to Subsection 8.8.

8.2 Termination by Contractor. Contractor may terminate this Agreement upon sixty (60) days’ written notice to City.

8.3 Consequences of Termination. In the event of termination, Contractor shall be entitled to compensation for the Services satisfactorily performed up to the date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Administrator.

8.4 Administrative Change Orders. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Administrator to Contractor, incorporating therein any adjustment in (i) the total compensation, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. Any increase in compensation of up to five percent (5%) of the total compensation or TWENTY-FIVE THOUSAND DOLLARS ($25,000), whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved in writing by the Contract Administrator. Contractor understands and agrees that, if City grants an extension in time without additional work, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. All other extensions or modifications to this Agreement shall require a written amendment pursuant to Subsection 8.5.

8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. The Contract Administrator shall have the authority to execute amendments to this Agreement which do not materially change the terms hereof, in the Contract Administrator’s discretion, to the extent permitted by applicable federal, state, and local law. The Contract Administrator may refer any proposed amendment to the City Council for review and approval.

8.6 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge.

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other 556
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than to the subcontractors noted in the Scope of Services, without prior written approval of the Contract Administrator. In the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the expiration or termination of this Agreement.

8.8 Disputes, Default. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any of the Services performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, in the sole discretion of the Contract Administrator. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; c. Retain a different contractor to complete the Services; and/or d. Charge Contractor the difference between the cost to complete the Services that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the Services.

Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.

8.9 Claims by Contractor. Claims, as that term is defined in California Public Contract Code Section 9204, by Contractor and, where applicable, any subcontractor, in connection with a public works project shall by subject to the mediation procedure in California Public Contract Code Section 9204.

SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Documents and Data. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium (the 557
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“Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Administrator or upon the expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use.

Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all of the Documents and Materials. Contractor makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contractor or provided to Contractor by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

9.3 Records. Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Administrator to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Administrator shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 558
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9.4 Reports. Contractor shall periodically prepare and submit to the Contract Administrator such reports concerning the performance of the Services required by this Agreement as the Contract Administrator shall require. Contractor hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Administrator of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

9.5 Confidentiality. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Contractor, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the Contract Administrator or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. If Contractor, or any officer, employee, agent, or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any Claims caused by or incurred as a result of Contractor’s conduct. Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Response to a subpoena or court order shall not be considered a voluntary disclosure so long as Contractor gives City notice of such court order or subpoena as provided herein. Contractor understands and agrees that it may be required to provide documents to the City to be produced in response to a Public Records Act request.

SECTION 10. MISCELLANEOUS PROVISIONS.

10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.

10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.7 Contractor Principals and Representatives. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
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10.8 City Contract Administration. This Agreement shall be administered by a City employee, «Staff_Contact», «Staff_Title» (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unless otherwise provided by applicable law, the Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement.

Unless otherwise provided in this Agreement, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.

10.9 Notices. Any written notice to Contractor shall be sent to:

JLM Grading & Paving
Attn: Geovanni Mendoza-Lim
18358 Jurupa Avenue
Bloomington, CA. 92316
Any written notice to City shall be sent to the Contract Administrator at:

City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: Saba Engineer, City Engineer
with a copy to:

City Clerk
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

10.10 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
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10.11 Integration, Interpretation. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.13 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.

10.14 Nondiscrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

10.15 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

10.16 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

10.17 No Undue Influence. Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.18 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. 562
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[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF ADELANTO
Jessie Flores, City Attorney
Attest:

Brenda Lopez, City Clerk
Approved as to Form:

Todd Litfin, City Attorney

CONTRACTOR
Geovanni Mendoza-Lim

«Contractor_Signature_2, below signature
include printed name and title»

[Note: 2 officer’s signatures required if
Contractor is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A

SCOPE OF SERVICES
Services shall include «Contract_Title» services, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, in the amount not to exceed «CONTRACT_AMOUNT_SPELLED_OUT» («Contract_Amount») as further detailed in the attached pages (if any). If the Services include Services pursuant to a request for proposals or bid, the Services shall include the work contemplated by the entire “Bid Package” or “Request for Proposals” for the Services, including all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applicable shall be retained with a copy of this Agreement. Contractor shall keep a copy of the same for at least three (3) years following termination of this Agreement.
[ATTACH BID PACKAGE / SCOPE OF WORK]
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LIC # 1028233
CELL:
951-241-3981

QUANTITY SCOPE OF WORK UNIT PRICE AMOUNT

CUSTOMER

CITY OF ADELANTO PROJECT IS AN EMERGENCY REPAIR OF

DAMAGED CHANNEL ON AUBURN RD

ESTIMATE NO
J-040
DATE 1 MOBILIZATION
8/30/2023
ADDRESS 150 LF CONSTRUCT A 2' CONCRETE WALL AGAISNT
NORTHSIDE OF STREET $14,390.00

AUBURN RD
CITY/STATE/ZIP 2000 SQFT CONSTRUCT GROUTED RIP RAP ON
SOUTHSIDE OF STREET $25,500.00

ADELANTO,CA
PHONE
E-MAIL

PROJECT

AUBURN CHANNEL
PREPARED BY:

GEO MENDOZA-LIM SUBTOTAL

PAYMENT TERMS NOT INCLUDED
IN FULL NET 30 AFTER

JOB COMPLETION
PAYMENT INTEREST TOTAL $39,890.00
AFTER 30: MONTHLY 5%
AFTER 60: MONTHLY 8%

PROPOSAL VALID
30 DAYS Date
Sign Below to Accept Quote:

Authorized Rep

1. ANY PERMIT FEES 2. IMPORT OR EXPORT OF DIRT 3.

ADJUSTING MANHOLES 4. REPAIR OF WET SOFT PUMPING AREAS

5. SOIL STABILIZATION 6. REGISTERED STAKING 7. WATER
METER, WATER COST 8. TRAFFIC CONTROL 9. BONDING 10.

ADJUSTING EXISTING UTILITIES ANYTHING NOT LISTED IN SCOPE OFFICE: 909-990-5253
[email protected]
18358 JURUPA AVE BLOOMINGTON CA 92316

JLM GRADING & PAVING PROPOSAL
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CITY COUNCIL AGENDA REPORT
DATE: October 25, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Angel Castellanos, Director of Finance
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-73 APPROVING HWY 395 AUTO DEALERSHIP INCENTIVE PROGRAM
STAFF RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 23-73 approving HWY 395 Auto Dealership Incentive Program to aid in attracting investment and assisting in the development of authorized new car dealerships to be located along the developing Hwy 395 corridor in Adelanto.

BACKGROUND:

A sales tax is a tax that is imposed upon all retailers in the City for the privilege of selling tangible personal property at retail. Purchases in the City of Adelanto currently get assessed a sales and use tax rate of

7.75% on all retail sales, 1% of which (or 12.9% of tax collected) goes to the City. (Muni. Code § 3.45.020)
The proposed incentive will offer an initial dealership rebate (back to the dealer) of 90% of the collected city share of sales and use tax revenue from the subject dealership in the first two years of operation, followed by an 80% share in the third year, 70% share in the fourth year, and 50% share thereafter until the end of a fixed term of a maximum of 10 years. This aggressive rebate structure is intended to act as catalytic to attract the first few dealerships and would provide a substantial boost to the business’s cash flow and should serve as a catalytic force to attract auto dealerships and offer long-term sustainability to first movers.

Rebate of sales and use tax revenue will be applicable to incentivize new auto dealership developments with a minimum size of at least 200,000 sqft, and that are located along the frontage of Hwy 395 or directly adjacent to front parcels but with clear visibility from Hwy 395.

The following is a summary of the proposed Program’s purpose, program description, eligibility, limitations, and process:
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Program Purpose:

To offer a financial incentive program that encourages the establishment of new dealerships and support their future growth, boosting visibility, and attracting a steady flow of customers.

Program Description:

As stated above, the City currently has a sales and use tax rate of 7.75% on all retail sales, 1% of which (or 12.9% of tax collected) goes to the City.

In the first two years of operation, the City will rebate ninety percent (90%) of its share of sales and use tax revenue collected from the subject dealership, followed by eighty percent (80%) in the third year, seventy percent (70%) in the fourth year, and fifty percent (50%) thereafter until the end of a fixed term of ten (10) years. This impressive and aggressive rebate structure will provide a substantial boost to the business cash flow and will promote long-term sustainability. It's important to note that the Incentive Program Agreement will not be extended beyond the maximum term of ten (10) years.

Under Government Code section 53084, vehicle dealers are prohibited from relocating to a new location within a distance of 40 miles from their existing location, as measured by the most reasonable route on roads between the two points.

In accordance with the current General Plan Land Use & Zoning Map, the suggested geographic area impacted by the proposal encompasses both the east and west sides of Hwy 395 in the City of Adelanto.

Any proposed projects must comply with allowed zoning regulation by the City. For detailed information regarding allowable areas, it is advised to contact the Economic Development Department directly.

Program Eligibility
Eligible vehicle dealers are prohibited from relocating to a new location within a distance of 40 miles from their existing location, as measured by the most reasonable route on roads between the two points. (Government Code section 53084)
Eligible auto dealerships must be an authorized retailer of a manufacturer and focus on selling new cars, trucks, RVs, or other motorized heavy equipment. Authorized dealerships will have to present a letter of confirmation from the manufacturer.

The Dealership must be located in the City of Adelanto, develop a minimum of 200,000 sqft of show space and parking, and have direct frontage on Hwy 395 or directly adjacent to front parcels but with clear visibility from Hwy 395.

The proposed incentive is time limited and will only be offered to the first few applicants that have opened in Adelanto. It is expected that City Council may revoke the program after 2 dealerships are in operation.

Program Financial Need:

As part of the application, the applicant must complete a feasibility analysis to demonstrate a funding gap between operating performance and project development or improvement cost. The analysis will be independently reviewed by a City consultant, and must prove that, but for this program, the development or improvement would not occur.
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Program Limitations:

1. The proposed location must comply with the allowed zoning regulation by the City.

2. Proposed amounts of rebate are subject to the discretionary approval of city council. It is the intent of the City to find partner dealerships that will contribute to the quality of life of the city.

3. The sales and use tax rebate may be valid for a fixed period of not more than ten (10) years.

Therefore, under this incentive program, the City will temporarily receive less sales and use tax revenue until the executed Incentive Program Agreement expires.

4. Auto dealerships must be authorized retailers of an auto, truck, or motorized heavy equipment manufacturer and sell new cars/product to be eligible to receive the sales and use tax rebate.

5. Auto dealers must commence construction no later than 2024 and commence operations no later than 2025.

6. The applicant must enter into a binding agreement with the City prior to resuming operations, or at the time of development application approval.

7. Dealers will be required to submit monthly documentation of refund requests based on actual historical sales.

8. Projects that receive funding from the program will be subject to prevailing wage law requirements as applicable.

Application Process:

Along with the formal Development Submittal/Permit Application, the applicant of the proposed auto dealership development must submit a letter of request to the Economic Development Department to participate in the program. The applicant must include the following as part of the application:

1. Name and address of the business entity, and project timeline.

2. Letter of authorization to work in the region from the manufacturer.

3. Requested estimated taxes to be reimbursed with projection explanation. a. Estimated sales tax revenues to be generated.
b. Number of new jobs created, categorized by full-time, part-time, and temporary positions, along with their corresponding titles and salary ranges. c. An economic impact report.

After a letter is received by Economic Development Department, the City Manager’s office will schedule a Subcommittee meeting to discuss the request from the applicant and allow the applicant to discuss the need for such an incentive in person. If the reimbursement is recommended by the Subcommittee, the City Manager’s office will coordinate with the applicant regarding the scheduling of the Public Hearing.

The Applicant must enter into a binding agreement with the City prior to, or at the time of, development application approval. Economic Development Department will coordinate with the City Attorney’s office for the creation of the sales and use tax rebate incentive agreement. Agreements must be approved no later than the opening of the Dealership.
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Reimbursement
Actual rebates will be based upon actual sales and use tax remitted by the auto dealers, NOT estimated amounts. Auto dealers are expected to remit the full amount every quarter and the City will refund the agreed upon amount after the first full year of operation and annually thereafter until the term of the program ends, or the maximum agreed upon rebate amount has been reached. The Finance Department will reconcile the sales and use tax payments received from the applicant and create a check request with the appropriate amount to be reimbursed. Finance will issue a check to the applicant within ninety (90) days of the closing of the twelfth full month of operation after the Certificate of Operation is issued.

FISCAL IMPACT:

The City will rebate the following sales and use tax incentives:
• Year One - ninety percent (90%) of its share of sales and use tax revenue collected • Year Two – ninety percent (90%) of its share of sales and use tax revenue collected • Year Three – eighty percent (80%) of its share of sales tax and use tax revenue collected • Year Four – seventy percent (70%) of its share of sales tax and use tax revenue collected • Year Five through Ten – fifty percent (50%) of its share of sales tax and use tax revenue collected ATTACHMENTS:

Resolution No. 23-73
570
571
RESOLUTION NO. 23-73

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA,
APPROVING AN HWY 395 AUTO DEALERSHIP INCENTIVE

PROGRAM
WHEREAS, A sales tax is a tax that is imposed upon all retailers in the City for the privilege of selling tangible personal property at retail; and, WHEREAS, in May 2007, the City of Adelanto (“City”) approved and adopted Ordinance No. 461 to establish a sales tax, which was thereafter codified under Chapter 3.45 of the Adelanto Municipal Code; and,
WHEREAS, Purchases in the City of Adelanto currently get assessed a sales and use tax rate of 7.75% on all retail sales, 1% of which (or 12.9% of tax collected) goes to the City pursuant to Adelanto Municipal Code section 3.45.020; and,
WHEREAS, the City Council has made economic development a high priority and seeks to attract investment and assist in the development of authorized new car dealerships to be located along the developing Hwy 395 corridor in Adelanto; and
WHEREAS, the City Council desires to develop the HWY 395 Auto Dealership Incentive Program (“Program”) to incentivize new auto dealership developments with a minimum size of 200,000 sqft; and
WHEREAS, the Program is designed to offer a financial incentive program that encourages the establishment of new dealerships and support their future growth, boosting visibility, and attracting a steady flow of customers; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Adelanto does hereby approve an HWY 395 Auto Dealership Incentive Program attached heretoas Exhibit A to this Resolution.
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Resolution No. 23-73

Page 2 ends

BE IT FURTHER RESOLVED that the City Manager is authorized to undertake such further actions, such as minor amendments to the Program, as may be necessary and desirable to carry out the intent of this Resolution.

PASSED, APPROVED AND ADOPTED this 25th day of October, 2023.

Gabriel Reyes, Mayor
Brenda Lopez, City Clerk
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Resolution No. 23-73

Page 3 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 23-73 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 25th day of October, 2023 be the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 25th day of October, 2023.

Brenda Lopez, City Clerk
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EXHIBIT A TO RESOLUTION NO. 23-73
ADELANTO HWY 395 AUTO DEALERSHIP INCENTIVE PROGRAM
This document describes the proposed Adelanto Hwy 395 Auto Dealership Incentive Program (AHADIP)—a generational opportunity designed to attract authorized new car dealerships to be located along the developing Hwy 395 corridor in Adelanto. This program offers a range of enticing incentives tailored to establish new dealerships and support their future growth, boosting visibility, and attracting a steady flow of customers.

Proposed Sales Tax Rebate Incentive
In an effort to attract auto dealerships, the City of Adelanto hereby proposes a highly proactive strategy. Purchases in the City of Adelanto currently get assessed a sales and use tax rate of 7.75% on all retail sales, 1% of which (or 12.9% of tax collected) goes to the City.

The proposed incentive will offer an initial dealership rebate (back to the dealer) of 90% of the collected city share of sales and use tax revenue from the subject dealership in the first two years of operation, followed by an 80% share in the third year, 70% share in the fourth year, and 50% share thereafter until the end of a fixed term of a maximum of 10 years. This aggressive rebate structure is intended to act as catalytic to attract the first few dealerships, and would provide a substantial boost to the business’s cash flow, and should serve as a catalytic force to attract auto dealerships and offer long-term sustainability to first movers.

Proposed Incentive - General
Rebate of sales and use tax revenue will be applicable to incentivize new auto dealership developments with a minimum size of 200,000 sqft, and that are located along the frontage of Hwy 395 or directly adjacent to front parcels but with clear visibility from Hwy 395. Additional details in the ‘Detail’ Section below.

Proposed Area
Under Government Code section 53084, vehicle dealers are prohibited from relocating to a new location within a distance of 40 miles from their existing location, as measured by the most reasonable route on roads between the two points.

In accordance with current General Plan Land Use & Zoning Map, the suggested geographic area impacted by the proposal encompasses both the east and west sides (between the black lines) of Hwy 395 in the City of Adelanto. Any proposed projects must comply with allowed zoning regulation by the City. It is important to note that the black lines are for illustration purposes only.

For detailed information regarding allowable areas it is advised to contact the Economic Development Department directly.
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Link: City of Adelanto General Plan | Adelanto, CA
A general activation of Hwy 395 frontage is a key ancillary outcome of the program, whereby an upgraded real estate product in the targeted Hwy 395 areas will have a rolling effect on adjacent properties, prompting additional adjacent real estate investment and development. 576
Program Detail
The City collects a 1% sales and use tax, which constitutes a portion of the overall 7.75% tax rate.

The following structure is proposed for new auto dealerships:

The applicant must enter into a binding agreement with the City prior to, or at the time of, development application approval. Estimated sale and use tax revenue and rebate percentage shall be based on revenue projections from like auto dealerships (i.e. franchise, similar or same brand), and documented by an applicant in a report subject to the review and approval of the City Finance Director. Actual rebates will be based on actual sales and use tax remitted by the auto dealers, not estimated amounts. Rebates will require a public hearing and a detailed report as required by California Government Code section 53083.

Sample Tax Impact Calculation
Table 1 details current car sales volume in the state of California and extrapolates average transactions per dealership. While not all auto brands are represented, we have chosen a select sample that may be applicable for the high desert.

Table 1
2022 new light vehicle
registration # of dealership
Annual new registration
per dealership
Monthly new
registration
September
2022
Transaction
Price
August
2022
Transaction
Price Avg price
Annual Revenue per
dealership
Jeep 45,492 132 345 29 $53,804 $53,383 $53,594 $18,470,268.95 GMC 32,313 88 367 31 $60,081 $59,963 $60,022 $22,039,669.16 Hyundai 65,149 81 804 67 $35,230 $35,247 $35,239 $28,342,630.08 Honda 131,793 130 1014 84 $37,231 $37,753 $37,492 $38,009,101.20 Ford 140,881 176 800 67 $52,675 $53,770 $53,223 $42,602,494.45 Toyota 289,304 142 2037 170 $38,368 $38,746 $38,557 $78,554,185.41 Source CNCDA Dealerrater Coxautoinc.
577
Table 2 uses the yellow highlighted cell from table 1 (Hyundai) as a sample dealership in the tax impact analysis. Based on 5% increase in annual volume, and 2% increase in price, the potential income to the city over the 10 year timeframe would be $1.68m with the proposed incentive, or $4.21m without.

Program Eligibility
• Eligible vehicle dealers are prohibited from relocating to a new location within a distance of 40 miles from their existing location, as measured by the most reasonable route on roads between the two points. (Government Code section 53084) • Eligible auto dealerships must be an authorized retailer of a manufacturer and focus on selling new cars, trucks, RVs, or other motorized heavy equipment. Authorized dealerships will have to present a letter of confirmation from the manufacturer. • The Dealership must be located in the City of Adelanto, develop a minimum of 200,000 sqft of show space and parking, and have direct frontage on Hwy 395 or directly adjacent to front parcels but with clear visibility from Hwy 395. • The proposed incentive is time limited and will only be offered to the first few applicants that have opened in Adelanto. It is expected that City Council may revoke the program after 2 dealerships are in operation.

Program Limitations:

1. The proposed location must comply with the allowed zoning regulation by the City.

3. The sales and use tax rebate may be valid for a fixed period of not more than ten (10) years.

Therefore, under this incentive program, the City will temporarily receive less sales and use tax revenue until the executed Incentive Program Agreement expires.

Table 2
Annual new
Registration
per delearship
Average
Price
Annual Revenue
per dealership
Annual Tax
revenue before
incentive
Annual tax
revenue after
incentive
2023 804 $ 35,239 $ 28,332,156 N/A N/A
2024 844 $ 35,944 $ 30,336,736 $ 303,367 $ 30,337
2025 886 $ 36,663 $ 32,483,418 $ 324,834 $ 32,483
2026 930 $ 37,396 $ 34,778,280 $ 347,783 $ 69,557
2027 977 $ 38,144 $ 37,266,688 $ 372,667 $ 111,800
2028 1026 $ 38,907 $ 39,918,582 $ 399,186 $ 199,593
2029 1077 $ 39,685 $ 42,740,745 $ 427,407 $ 213,704
2030 1131 $ 40,479 $ 45,781,749 $ 457,817 $ 228,909
2031 1188 $ 41,289 $ 49,051,332 $ 490,513 $ 245,257
2032 1247 $ 42,115 $ 52,517,405 $ 525,174 $ 262,587
2033 1309 $ 42,957 $ 56,230,713 $ 562,307 $ 281,154
Total $ 4,211,055 $ 1,675,381
578

4. Auto dealerships must be authorized retailers of an auto, truck, or motorized heavy equipment manufacturer and sell new cars/product to be eligible to receive the sales and use tax rebate.

5. Auto dealers must commence construction no later than 2024 and commence operations no later than 2025.

6. The applicant must enter into a binding agreement with the City prior to resuming operations, or at the time of development application approval.

7. Dealers will be required to submit monthly documentation of refund requests based on actual historical sales.

8. Projects that receive funding from the program will be subject to prevailing wage law requirements as applicable.

Application Process
Along with the formal Development Submittal/Permit Application, the applicant of the proposed auto dealership development must submit a letter of request to the Economic Development Department to participate in the program. The applicant must include the following as part of the application:

1. Name and address of the business entity, and project timeline.

2. Letter of authorization to work in the region from the manufacturer.

Agreements must be approved no later than the opening of the Dealership.

Reimbursement
Actual rebates will be based upon actual sales and use tax remitted by the auto dealers, NOT estimated amounts. Auto dealers are expected to remit the full amount every quarter and the City will refund the agreed upon amount after the first full year of operation and annually thereafter until the term of the program ends, or the maximum agreed upon rebate amount has been reached.

The Finance Department will reconcile the sales and use tax payments received from the applicant and create a check request with the appropriate amount to be reimbursed. Finance will issue a check to the applicant within ninety (90) days of the closing of the twelfth full month of operation after the Certificate of Operation is issued.
579
Appendix A – Incentive Programs in the California
580

CITY COUNCIL AGENDA REPORT
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 25, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Angel Castellanos, Director of Finance
SUBJECT: DISCUSSION AND ADOPTION OF RESOLUTION NO. 23-79 OF THE REPORT ON

DEVELOPMENT SERVICES COSTS OF SERVICES (USER FEE) STUDY STAFF RECOMMENDATION:

It is recommended that the City Council: (1) receive and file the Report on the Cost of Services (User Fee) Study on Development Services; and (2) adopt Resolution No. 23-79 updating the City’s Master Fee Schedule to implement the new Development Services Cost of Service (User Fees).

BACKGROUND:

In 2020 the City of Adelanto contracted Matrix Consulting Group to conduct a city-wide Cost Allocation and User Fee Study. The results of these studies were presented and adopted by the Council in 2021, and the new fee schedule was implemented effective July 1, 2021. Since the implementation there have been changes in the services being provided by the city in the Development Services activities.

On February 6, 2023, the city engaged the services of Matrix Consulting Group to update the User Fee as it relates to Development Services.

The city requested to reevaluate the development Services fees including Engineering, Planning and Building in order to develop a new User Fee for Development Services.

The following steps were taking to identify the new User Fees:
• Data collection and Analysis – Project Team requested budget, staffing costs, contractual information and time tracking information.
• Meetings and Discussions – Project Team met with City staff specifically with key personnel from Engineering, Planning and Building and Safety
• Draft Results – Based on the updated budget, staffing, time assumptions and discussions the Project Team developed a draft for Planning, Building and Engineering • Comparative Analysis – A comparative survey was conducted to compare current and full cost fees calculated and how they compare to other surrounding jurisdictions (Including San Bernardino County)
• Draft Report – Once staff and City management have reviewed and approved the results a draft 581
report will be developed.
• Final Report – All revisions to the draft report would be incorporated into the final report. • Final Fee Schedule – Project Team will provide an updated master fee schedule with the new fees to be incorporated.

Table 2: Annual Cost Recovery Analysis
Service Area
FY23
Budgeted Rev.

FY23
Budgeted Exp Difference
Cost
Recovery %
Building $656,135 $602,370 $53,765 109%
Planning $306,007 $524,998 ($218,991) 58%
Engineering $107,800 $323,448 ($215,648) 33%
Total $1,069,942 $1,450,816 ($380,874) 74%
Under the new Fee Study, the City will collect additional fees associated with services provided by the City of $380,874.

FISCAL IMPACT:

There is no fiscal impact with this report. However, once the fees are adopted and implemented, the general fund could potentially receive additional revenue of $381,000 (estimated) ATTACHMENTS:

1. Report on Development Services Cost of Services (User Fee) Study

2. Development Services Master Fee Schedule

3. Resolution No. 23-79
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Development Fee Schedule City of Adelanto, CA

Page 1 of 11 ends

Fee No. Fee Name Unit Current Fee Proposed Fee Rules & Regulations

1. BUILDING & SAFETY
Miscellaneous Building Permit Fees (Standalone Fees)

5.01 Photocopies (11x17) Per Page New $0.38 User Fee

5.02 Patio Cover Each $756 $1,357 User Fee

5.03 Pre-engineered or City Standard Patio Cover Each $464 $1,129 User Fee

5.04 Flagpoles, light standard Each New $580 User Fee

5.05 Demolition Each $478 $579 User Fee

5.06 Gas Test Each $171 $214 User Fee

5.07 Under Ground Storage Tanks Each New $1,082 User Fee

5.08 Above Ground Storage Tanks Each New $1,082 User Fee

5.09 Retro-Fit Manufactured Home Set Down Each New $877 User Fee

5.10 Manufactured Home Set Down Each New $968 User Fee

5.11 Cell Site New and or Modifications Each New $991 User Fee

5.12 Special Inspector Registration Each New $155 User Fee

5.13 Re-Inspection Fees Per Hour $154 $182 User Fee
Pools and Spas

5.14 Residential Each $948 $1,470 User Fee

5.15 Commercial Each $1,256 $2,178 User Fee

5.16 Above Ground Pools & Spas Each $564 $1,357 User Fee Fencing

5.17 Block Wall Each $464 $785 User Fee

5.18 All Others Each $310 $603 User Fee
Re-Roof

5.19 Residential Each $487 $694 User Fee

5.20 Commercial Per 25 Squares $310 $603 User Fee

5.21 Sprinkler / Back-Flow Each $310 $489 User Fee

5.22 Re-Pit Each $348 $763 User Fee

5.23 Construction Trailer Set Down Each $310 $374 User Fee

5.24 Sales Trailer Each $221 $271 User Fee

5.25 Pre-Site Each $221 $271 User Fee

5.26 Storage Shed (over 120ft) (No electrical, water) Each $260 $317 User Fee

5.27 Misc. Plan Review Per Hour New $229 User Fee

5.28 Misc. Inspections Per Hour $154 $182 User Fee

5.29 Inspections Outside of Business Hours (minimum of 4 hrs) Per Hour $199 $244 User Fee Kitchen / Bathroom Remodel (Combo Permit - MEP Included)

5.30 Up to 500 sq. ft. Base $545 $1,579 User Fee

5.31 Each addl 100 sq. ft. greater than 500 sq. ft. Each Addl 100 sq. ft. $77.00 $102.79 User Fee Residential Additions (structure only, no MEPS)

5.32 Up to 500 sq. ft. Base New $939 User Fee

5.33 Each addl 100 sq. ft. greater than 500 sq. ft. Each Addl 100 sq. ft. New $102.79 User Fee

5.34 Temporary Certificate of Occupancy (TCO) Each $419 $520 User Fee

5.35 Replacement of Job Card Each $28 $39 User Fee
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Page 2 of 11 ends

Fee No. Fee Name Unit Current Fee Proposed Fee Rules & Regulations

5.36 Expedited Plan Review Each 1.5x Plan Check Fee 1.5x Plan Check Fee User Fee

5.37 Storage Containers Each New $964 User Fee

5.38 Gas Station Canopies Each New $1,055 User Fee

5.39 CO2 Tanks Each New $795 User Fee

5.40 Foundation Only Plans Each New $795 User Fee

5.41 Generators Each New $873 User Fee

5.42 Propane Tanks Each New $873 User Fee

5.43 Commercial Guard Shacks Each New $950 User Fee

5.44 Restamping of Plans Each New $717 User Fee
Construction & Demolition Waste

5.45 Processing Fee Each New $155 Ordinance 420

5.46 Deposit Per 100 Sq. Ft. of Project Size $50 $50 Ordinance 420 Min of $1,000 and max of $100,000
Solar Permits
Residential

5.47 15 kw or less Base $500 $450 GOV § 66015 (a)

5.48 15kw + base fee Base $500 $450 GOV § 66015 (a)

5.49 Each add kw above 15kw Each Addl KW $15 $15 GOV § 66015 (a) Commercial

5.50 50 kw or less Base $1,000 $1,000 GOV § 66015 (b)

5.51 50kw-250kw Base $1,000 $1,000 GOV § 66015 (b)

5.52 Per kw above 50 kw Each Addl KW $7 $7 GOV § 66015 (b)

5.53 250+ kw Base $2,400 $2,400 GOV § 66015 (b)

5.54 Per kw above 250kw Each Addl KW $5 $5 GOV § 66015 (b) Solar Thermal
Residential

5.55 10 kWth or less Base $450 $450 GOV § 66015 (a)

5.56 10+ kWth Base $450 $450 GOV § 66015 (a)

5.57 Per kWth above 10 kWth Each Addl KW $15 $15 GOV § 66015 (a) Commercial

5.58 30 kWth or less Base $1,000 $1,000 GOV § 66015 (b)

5.59 30 kWth - 260 kWth Base $1,000 $1,000 GOV § 66015 (b)

5.60 Per kWth above 30 kWth Each Addl KW $7 $7 GOV § 66015 (b)

5.61 260+ kWth Base $2,610 $2,400 GOV § 66015 (b)

5.62 Per kWth above 260 kWth Each Addl KW $5 $5 GOV § 66015 (b) EV Charging Station

5.61 Residential Each $286 $809 User Fee

5.62 Commercial Per Station $517 $818 User Fee
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Page 3 of 11 ends

Fee No. Fee Name Unit Current Fee Proposed Fee Rules & Regulations Square Footage Fees
Single-Family Residential (does not include MEP)
Plan Check Fee (includes one (1) initial review and two (2) re-submittal checks. Additional Plan Review thereafter are subject to additional fees)

5.63 Plan Check Fee % of Bldg Permit 65% 70% User Fee

5.64 Model Plan Check / Plan Check Repeat Homes % of Plan Check Fee New 25% User Fee

5.65 Additional Plan Check Fee (3rd Review or More) Per Hour New $229 User Fee Building Permit (Inspection)

5.66 0-500 sq. ft. Base $824.53 $897.97 User Fee

5.67 500-1,000 sq. ft. Base $824.53 $897.97 User Fee

5.68 per 100 sq. ft. over 500 sq. ft. Each Addl 100 sq. ft. $108.09 $98.91 User Fee

5.69 1,000 - 3,000 sq. ft. Base $1,364.97 $1,392.54 User Fee

5.70 per 500 sq. ft. over 1,000 sq. ft. Each Addl 500 sq. ft. $199.19 $237.59 User Fee

5.71 3,000-5,000 sq. ft. Base $2,161.73 $2,342.91 User Fee

5.72 per 500 sq. ft. over 3,000 sq. ft. Each Addl 500 sq. ft. $302.26 $292.86 User Fee

5.73 5,000+ sq. ft. Base $3,370.76 $3,514.37 User Fee

5.74 per 500 sq. ft. over 5,000 sq. ft. Each Addl 500 sq. ft. $151.13 $146.43 User Fee Multi-Family Residential (does not include MEP)
Plan Check (includes one (1) initial review and two (2) re-submittal checks. Additional Plan Review thereafter are subject to additional fees)

5.75 Plan Check Fee % of Bldg Permit 75% 75% User Fee
Building Permit (Inspection)

5.76 0-10,000 sq. ft. Base $4,011.59 $4,030.96 User Fee

5.77 10,000-25,000 sq. ft. Base $4,011.59 $4,030.96 User Fee

5.78 per 100 sq. ft. over 10,000 sq. ft. Each Addl 100 sq. ft. $21.73 $23.81 User Fee

5.79 25,000-50,000 sq. ft. Base $7,271.27 $7,603.03 User Fee

5.80 per 100 sq. ft. over 25,000 sq. ft. Each Addl 100 sq. ft. $25.56 $29.79 User Fee

5.81 50,000-100,000 sq. ft. Base $13,662.47 $15,051.04 User Fee

5.82 per 100 sq. ft. over 50,000 sq. ft. Each Addl 100 sq. ft. $30.98 $33.13 User Fee

5.83 100,000+ sq. ft. Base $29,153.45 $31,615.31 User Fee

5.84 per 100 sq. ft. over 100,000 sq. ft. Each Addl 100 sq. ft. $15.49 $16.56 User Fee Commercial (does not include MEP)
Plan Check (includes one (1) initial review and two (2) re-submittal checks. Additional Plan Review thereafter are subject to additional fees)

5.85 Plan Check Fee % of Bldg Permit 75% 75% User Fee
Building Permit (Inspection)

5.86 0-1,500 sq. ft. Base $2,390.29 $2,395.32 User Fee

5.87 1,500-3,000 sq. ft. Base $2,390.29 $2,395.32 User Fee

5.88 per 100 sq. ft. over 1,500 sq. ft. Each Addl 100 sq. ft. $53.12 $53.23 User Fee

5.89 3,000-5,000 sq. ft. Base $3,187.06 $3,193.76 User Fee

5.90 per 100 sq. ft. over 3,000 sq. ft. Each Addl 100 sq. ft. $57.67 $75.97 User Fee

5.91 5,000 - 10,000 sq. ft. Base $4,340.55 $4,713.14 User Fee

5.92 per 100 sq. ft. over 5,000 sq. ft. Each Addl 100 sq. ft. $89.80 $92.71 User Fee

5.93 10,000-25,000 sq. ft. Base $8,830.62 $9,348.77 User Fee

5.94 per 100 sq. ft. over 10,000 sq. ft. Each Addl 100 sq. ft. $25.92 $24.83 User Fee 585
Development Fee Schedule City of Adelanto, CA

Page 4 of 11 ends

Fee No. Fee Name Unit Current Fee Proposed Fee Rules & Regulations

5.95 25,000-50,000 sq. ft. Base $12,718.32 $13,072.78 User Fee

5.96 per 100 sq. ft. over 25,000 sq. ft. Each Addl 100 sq. ft. $24.73 $26.77 User Fee

5.97 50,000 sq. ft. + Base $18,900.18 $19,764.18 User Fee

5.98 per 100 sq. ft. over 50,000 sq. ft. Each Addl 100 sq. ft. $12.36 $13.38 User Fee Hotels / Motels (does not include MEP)
Plan Check (includes one (1) initial review and two (2) re-submittal checks. Additional Plan Review thereafter are subject to additional fees)

5.99 Plan Check Fee % of Bldg Permit 75% 75% User Fee
Building Permit (Inspection)

5.100 0-10,000 sq. ft. Base $4,011.59 $4,243.67 User Fee

5.101 10,000-25,000 sq. ft. Base $4,011.59 $4,243.67 User Fee

5.102 per 100 sq. ft. over 10,000 sq. ft. Each Addl 100 sq. ft. $27.71 $28.47 User Fee

5.103 25,000-50,000 sq. ft. Base $8,168.43 $8,514.65 User Fee

5.104 per 100 sq. ft. over 25,000 sq. ft. Each Addl 100 sq. ft. $24.64 $26.15 User Fee

5.105 50,000-100,000 sq. ft. Base $14,328.94 $15,051.04 User Fee

5.106 per 100 sq. ft. over 50,000 sq. ft. Each Addl 100 sq. ft. $35.80 $34.95 User Fee

5.107 100,000+ sq. ft. Base $32,229.43 $32,526.93 User Fee

5.108 per 100 sq. ft. over 100,000 sq. ft. Each Addl 100 sq. ft. $17.90 $17.48 User Fee Industrial (does not include MEP)
Plan Check (includes one (1) initial review and two (2) re-submittal checks. Additional Plan Review thereafter are subject to additional fees)

5.109 Plan Check Fee % of Bldg Permit 75% 75% User Fee
Building Permit (Inspection)

5.110 0-10,000 sq. ft. Base $2,033.56 $2,434.08 User Fee

5.111 10,000-25,000 sq. ft. Base $2,033.56 $2,434.08 User Fee

5.112 per 100 sq. ft. over 10,000 sq. ft. Each Addl 100 sq. ft. $14.21 $16.93 User Fee

5.113 25,000-50,000 sq. ft. Base $4,165.39 $4,972.97 User Fee

5.114 per 100 sq. ft. over 25,000 sq. ft. Each Addl 100 sq. ft. $18.46 $16.04 User Fee

5.115 50,000-100,000 sq. ft. Base $8,779.36 $8,984.12 User Fee

5.116 per 100 sq. ft. over 50,000 sq. ft. Each Addl 100 sq. ft. $7.49 $8.18 User Fee

5.117 100,000+ sq. ft. Base $12,526.07 $13,072.78 User Fee

5.118 per 100 sq. ft. over 100,000 sq. ft. Each Addl 100 sq. ft. $3.75 $4.09 User Fee MEP Fees
Mechanical

5.119 Permit Issuance Fee Each $56 $78 User Fee
HVAC

5.120 New / Relocate Each $254 $297 User Fee

5.121 Replacement / Change out Each $216 $251 User Fee

5.122 Water Heater Each $166 $194 User Fee
AC / Furnace

5.123 Residential Each $166 $194 User Fee

5.124 Commercial Each $254 $297 User Fee
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Page 5 of 11 ends

Fee No. Fee Name Unit Current Fee Proposed Fee Rules & Regulations Exhaust Fan

5.125 Residential Each $166 $194 User Fee

5.126 Commercial Each $254 $297 User Fee
Hood & Duct

5.127 Residential Each $166 $194 User Fee

5.128 Commercial Each $254 $297 User Fee

5.129 Backflow Preventer Each $166 $194 User Fee

5.130 Grease Trap / Interceptor Each $166 $194 User Fee Gas Piping Outlet

5.131 1-5 outlets Each $33 $194 User Fee

5.132 Each outlet over 5 Each $13 $15 User Fee
Miscellaneous Permits

5.133 Any other mechanical permit not covered above Each $166 $194 User Fee Square Footage Fees
Fees shall be charged per square feet with a maximum fee not to exceed the total Building Permit fee.

5.134 Residential Addition / Remodel Per sq. ft. $0.17 $0.05 User Fee

5.135 New Residential per sq ft rate Per sq. ft. New $0.10 User Fee

5.136 New Commercial per sq ft rate Per sq. ft. New $0.14 User Fee

5.137 Commercial Tenant Improvement Per sq. ft. $0.25 $0.10 User Fee Electrical

5.138 Permit Issuance Fee Each $56 $78 User Fee

5.139 Temporary Power Pole Each $115 $137 User Fee

5.140 Automatic Gates Each $216 $251 User Fee

5.141 Security Cameras Each $216 $251 User Fee

5.142 Security Lighting Each $216 $251 User Fee

5.143 Alarm Systems Each $216 $251 User Fee

5.144 Generators Each $166 $194 User Fee

5.145 Conduits Each $166 $194 User Fee

5.146 Panels / Sub-panels Each $166 $194 User Fee
Additional Drop

5.147 Up to 5 Each $38 $46 User Fee

5.148 Over 5 Each $38 $46 User Fee
Power Transfer

5.149 Up to 5 Each $13 $15 User Fee

5.150 Over 5 Each $13 $15 User Fee
Outlets, Lights, Switches

5.151 1-5 units Each $22 $130 User Fee

5.152 6-10 units Each $33 $194 User Fee

5.153 Each additional 10 units Each Addl 10 units $13.00 $16.74 User Fee Miscellaneous Permits

5.154 Any other electrical permit not covered above Each $166 $194 User Fee 587
Development Fee Schedule City of Adelanto, CA

Page 6 of 11 ends

Fee No. Fee Name Unit Current Fee Proposed Fee Rules & Regulations Square Footage Fees
Fees shall be charged per square feet with a maximum fee not to exceed the total Building Permit fee.

5.155 Residential Addition / Remodel Per sq. ft. $0.14 $0.08 User Fee

5.156 New Residential per sq ft rate Per sq. ft. New $0.13 User Fee

5.157 New Commercial per sq ft rate Per sq. ft. New $0.18 User Fee

5.158 Commercial Tenant Improvement Per sq. ft. $0.25 $0.11 User Fee Plumbing

5.159 Permit Issuance Fee Each $56 $78 User Fee

5.160 Septic System - New Each $408 $479 User Fee

5.161 Sewer Hook-up Each $216 $251 User Fee

5.162 Leech Line Each $216 $251 User Fee

5.163 Water Closets Each $216 $251 User Fee

5.164 Sinks Each $166 $194 User Fee

5.165 Tubs Each $166 $194 User Fee

5.166 Showers Each $166 $194 User Fee

5.167 Toilets Each $166 $194 User Fee

5.168 Garbage Disposal Each $166 $194 User Fee

5.169 Valves Each $166 $194 User Fee

5.170 Water Pipes Each $166 $194 User Fee

5.171 Traps Each $166 $194 User Fee

5.172 Trap Primer Each $166 $194 User Fee

5.173 Floor Sinks Each $166 $194 User Fee

5.174 Grease Trap Each $166 $194 User Fee

5.175 Septic Tank - New Each New $194 User Fee

5.176 Seepage Pit - New Each $216 $251 User Fee
Residential Fire Sprinklers

5.177 0-500 sq. ft. Each $216 $251 User Fee

5.178 500-1,000 sq. ft. Each $304 $354 User Fee

5.179 1,000-3,000 sq. ft. Each $393 $457 User Fee

5.180 3,000-5,000 sq. ft. Each $482 $560 User Fee

5.181 5,000+ sq. ft. Each $662 $776 User Fee
Miscellaneous Permits

5.182 Any other plumbing permit not covered above Each $166 $194 User Fee Square Footage Fees
Fees shall be charged per square feet with a maximum fee not to exceed the total Building Permit fee.

5.183 Residential Addition / Remodel Per sq. ft. $0.25 $0.05 User Fee

5.184 New Residential per sq ft rate Per sq. ft. New $0.10 User Fee

5.185 New Commercial per sq ft rate Per sq. ft. New $0.14 User Fee

5.186 Commercial Tenant Improvement Per sq. ft. $0.36 $0.10 User Fee Cannabis Operation Fees

5.187 Fans Each $193 $233 User Fee

5.188 Closed Loop System Each $436 $518 User Fee
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Development Fee Schedule City of Adelanto, CA

Page 7 of 11 ends

Fee No. Fee Name Unit Current Fee Proposed Fee Rules & Regulations

5.189 Explosion Proof Rooms Each $590 $700 User Fee

5.190 CO2 Infusion System Each $436 $518 User Fee

5.191 Cannabis Growth Steam and Misters Each $743 $882 User Fee

5.192 Commercial kitchens for cannabis growth Each $436 $518 User Fee

5.193 Hazardous Waste Disposal Each $436 $518 User Fee
Surcharges
Departmental Surcharges

5.194 General Plan Maintenance Fee (applies to building permit fee) Percentage 15% 15% Surcharge

5.195 Technology Fee (applies to permit fee) Percentage 7% 7% Surcharge State Surcharges

5.196 California Building Standards Commission Per $25,000 $1.00 $1.00 SB1473

5.197 SMIP Fee - Residential Per $1,000 $0.13 $0.13 PRC § 2705

5.198 SMIP Fee - Commercial Per $1,000 $0.28 $0.28 PRC § 2705

2. PLANNING

6.01 Pre-Annexation Each $5,200 $7,589 User Fee

6.02 Annexation Each $6,898 $10,067 User Fee
Comprehensive Application for Development Review and Land Use Approval Conditional Use Permit

6.03 Regular Each $4,861 $7,093 User Fee

6.04 Minor Each $2,430 $3,546 User Fee
Location, Development Plan

6.05 Regular Each $4,861 $7,093 User Fee

6.06 Minor Each $2,430 $3,546 User Fee

6.07 General Plan Amendment / Zone Change Each $5,540 $8,084 User Fee

6.08 Code Amendment Each $6,049 $8,828 User Fee
Variance

6.09 Minor Variance Each $1,636 $2,383 User Fee

6.10 Major Variance Each $2,485 $3,622 User Fee
Environment Fees

6.11 Environmental Assessment Each $2,230 $3,250 User Fee

6.12 Negative Declaration & Mitigated Declaration Each User Fee

6.13 Environmental Impact Report Each User Fee

6.14 Peer Review for EIR Each $564 $820 User Fee
Developer Deposit:

6.15 For multiple applications submitted concurrently, as well as any applications outside of the typical scope, an initial deposit will be collected. Time will be billed against the deposit amount, with additional funds being collected as needed. Time will be billed based upon the fully burdened hourly rate, as well as any direct consultant / attorney costs incurred. Initial Deposit New $10,000 Deposit Note: Fees listed on this are meant to reflect the typical scope of project. If anything falls outside of that scope of project, the Building Official / Department Director has the right to charge time and material for those services.

Note: Any missing itemized fees will be assessed based upon the County of San Bernardino's Building & Safety Fee Schedule.

Pass Through
Pass Through
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Fee No. Fee Name Unit Current Fee Proposed Fee Rules & Regulations Subdivisions

6.16 Preliminary / Pre-Application Review Each $1,212 $1,763 User Fee Tentative Parcel Map

6.17 Map Each $3,503 $5,110 User Fee

6.18 Amendment Each $1,806 $2,631 User Fee
Tentative Tract Map

6.19 Base Base $4,861 $7,093 User Fee

6.20 Per Lot Per Let $123 $172 User Fee

6.21 Amendment Each $2,824 $4,118 User Fee

6.22 Extension Each $2,146 $3,126 User Fee

6.23 Time Extension Each $2,146 $3,126 User Fee

6.24 Filing Fee Each $85 $124 User Fee

6.25 Lot Merger or Lot Line, Certificate of Compliance, Lot Split Each $1,806 $2,631 User Fee Appeal Fee

6.26 Appeal Administrative Decision to Planning Commission Each $1,806 $2,631 User Fee

6.27 Appeal Planning Commission Decision to City Council Each $2,146 $3,126 User Fee Miscellaneous Fees

6.28 Zoning Clearance Review Each $255 $372 User Fee

6.29 Home Occupant Permit Each $255 $372 User Fee

6.30 Sign Permit Each $733 $1,067 User Fee

6.31 Landscape Plan Check Application Each $564 $820 User Fee

6.32 Model Home Complex Each $564 $820 User Fee

6.33 Temporary Use Permit Each $564 $820 User Fee

6.34 Pre-Application Meeting (up to 2 hrs) Each New $496 User Fee Modification to Planning Application

6.35 Minor Each $1,752 $2,555 User Fee

6.36 Major Each $2,824 $4,118 User Fee
Specific Plan

6.37 Plan Each $6,898 $10,067 User Fee

6.38 Amendment Each $4,352 $6,349 User Fee

6.39 Development Agreements Each $4,352 $6,349 User Fee

6.40 Density Bonus Agreement Each $4,352 $6,349 User Fee

6.41 Fence and Wall Plan Check Application Each $564 $820 User Fee

6.42 Sign Program Application Each $1,636 $2,383 User Fee

6.43 Special Events Permit Each New $248 User Fee

6.44 Yard Sale Permit Each $1 $13 User Fee
Departmental Surcharges

6.45 Technology Fee (applies to permit fee) Percentage 7% 7% Surcharge Note: All projects on this fee schedule are meant to reflect a typical scope. If any project is outside of the typical scope, the City Planner / Department Director has the discretion to charge time and material for those projects.

Note: Any fees not listed on this schedule will be administered at the rate of San Bernardino County's Planning fee schedule. 590
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Fee No. Fee Name Unit Current Fee Proposed Fee Rules & Regulations

3. ENGINEERING
Plan Check Initial Fee

7.01 Rough Grading Plan Check Per Sheet $429 $749 User Fee

7.02 Street Improvement Plan Check Per Sheet $631 $1,271 User Fee

7.03 Sewer Improvement Plan Check Per Sheet $429 $749 User Fee

7.04 Water Improvement Plan Check Per Sheet $429 $749 User Fee

7.05 Precise Grading/Drainage Plan Check Per Sheet $698 $1,271 User Fee

7.06 City LLMD Landscaping Plan Check Per Sheet $179 $472 User Fee

7.07 Onsite Landscaping Plan Check Per Sheet $179 $472 User Fee

7.08 Street Lighting Plans Per Sheet $247 $472 User Fee

7.09 Street Striping Plans Per Sheet $381 $577 User Fee

7.10 Erosion Control Plan Per Sheet $429 $749 User Fee

7.11 Storm Water Pollution Prevention Plan (SWPPP) Per Plan $631 $1,062 User Fee

7.12 Strom Drain Improvement Plans Per Sheet $496 $853 User Fee

7.13 Tract Map Plan Check Per Sheet $429 $665 User Fee

7.14 Parcel Map Plan Check Each $1,755 $9,382 User Fee

7.15 Vacation, Dedication, and easement Each New $6,894 User Fee

7.16 LLA's Parcek Merger Each New $6,894 User Fee

7.17 Review after 3rd Plan Review Each $154 $209 User Fee

7.18 Expedited Review Fee Each New 1.5x Plan Review Fee User Fee Inspection Fees
Grading Inspection

7.19 51-100 c.y. Base $234 $313 User Fee

7.20 101 -1,000 c.y. Base $515 $694 User Fee

7.21 1,001 - 10,000 c.y. Base $797 $1,075 User Fee

7.22 10,001 -50,000 c.y. Base $1,502 $2,028 User Fee

7.23 50,001 -100,000 c.y. Base $1,783 $2,409 User Fee

7.24 100,001 + cubic yards Base $2,065 $2,791 User Fee

7.25 Each addl. 10,000 c.y. Each Addl 10,000 c.y. $197.00 $266.84 User Fee Public Improvements

7.26 Base Fee (Up to $25,000) Flat New $1,197 User Fee

7.27 $25,000 - $250,000 % of ECI New 1.33% User Fee

7.28 $250,000 - $500,000 % of ECI New 1.87% User Fee

7.29 $500,000 - $1m % of ECI New 1.15% User Fee

7.30 $1m-$5m % of ECI New 0.38% User Fee

7.31 $5m+ % of ECI New 0.29% User Fee
Encroachment Permit

7.32 Issuance Fee Each $56 $79 User Fee

7.33 Plan Check Fee Each $112 $159 User Fee
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Fee No. Fee Name Unit Current Fee Proposed Fee Rules & Regulations Open Trench/Excavation Fee

7.34 0 to 300 l.f. Base $141 $191 User Fee

7.35 301 to 500 l.f. Base $282 $381 User Fee

7.36 Each 100 LF over 500 l.f. Each 100 l.f $2.00 $3.18 User Fee

7.37 Underground Structure Each $12 $16 User Fee
Street Improvement Inspection

7.38 Up to 500 I.f. Base $211 $477 User Fee

7.39 Each addl 100 I.f. over 500 I.f. Each Addl 100 l.f. $35.00 $152.48 User Fee Sewer Improvement Inspection

7.40 Up to 500 l.f. Base $247 $334 User Fee

7.41 Each addl 100 I.f. over 500 I.f. Each Addl 100 l.f. $23.00 $95.30 User Fee Water Improvement Inspection

7.42 Up to 500 l.f. Base $247 $477 User Fee

7.43 Each addl 100 I.f. over 500 I.f. Each Addl 100 l.f. $23.00 $142.95 User Fee

7.44 Bellholing Per $50 $95 User Fee

7.45 Potholing Per New $381 User Fee
Drive Approach Inspection

7.46 Residential Each $195 $170 User Fee

7.47 Commercial / Industrial Each $264.00 $217.92 User Fee Sidewalk / Ramps / Curbs

7.48 Up to 500 I.f. Each $253 $654 User Fee

7.49 Each add 100 I.f. Each 50 l.f $12.00 $133.42 User Fee Boring

7.50 Up to 500 I.f. Base New $334 User Fee

7.51 Each addl 100 I.f. Each Addl 100 l.f. New $123.89 User Fee Fiber Optic

7.52 Up to 500 I.f. Base New $381 User Fee

7.53 Each addl 100 I.f. Each Addl 100 l.f. New $142.95 User Fee Other Miscellaneous Encroachment Permits

7.54 Pre-fence Inspection / Block Wall Inspection Each $106 $143 User Fee

7.55 Utility Cuts Each $141 $95 User Fee

7.56 Trenches Each $141 $191 User Fee

7.57 Sewer Connection Each $141 $286 User Fee

7.58 Other Encroachment Permits Each $141 $191 User Fee

7.59 Permit Extension Each $48 $67 User Fee

7.60 Traffic Control Review Each New $623 User Fee

7.61 Additional Inspection Fee Per Hour New $191 User Fee

7.62 After Hours Inspection Fee (Min. of 4 Hours) Per Hour New $265 User Fee

7.63 Water Connection Each New $381 User Fee
Miscellaneous Fees

7.64 Street Address Assignment Each $115 $172 User Fee

7.65 Street Name Approval Each $115 $172 User Fee
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Fee No. Fee Name Unit Current Fee Proposed Fee Rules & Regulations

7.66 Easement / Vacation Review Each $586 $1,321 User Fee

7.67 Lot Line Adjustment / Lot Merger Each $586 $1,321 User Fee

7.68 Certificate of Compliance Each $586 $1,321 User Fee

7.69 Hydrology Study Review Each $765 $1,376 User Fee

7.70 WQMP Each New $1,321 User Fee

7.71 Soil Report Each New $1,321 User Fee

7.72 Traffic Study or any Traffic Related Agreements and Documents Each New $1,254 User Fee

7.73 Pavement Design Each New $1,254 User Fee

7.74 Annexation Each

7.75 Certificate of Occupancy Each New $191 User Fee

7.76 Utility Feasibility Study Each New $1,363 User Fee Joshua Tree Survey

7.77 Up to 2 acres Base $328 $385 User Fee

7.78 Each acre over 2 acres Each Addl Acre $174.00 $211.06 User Fee Permit Fees

7.79 Land Disturbance Permit (Clearing & Grubbing Permit) - Minor Grading Each $91 $234 User Fee Transportation

7.80 Single Trip Each $16 $16

7.81 Annual Trip Annually $90 $90
Shipping

7.82 USPS Each Actual Cost Actual Cost Set by USPS

7.83 Shipping and Handling Each Actual Cost Actual Cost Set by USPS Departmental Surcharges

7.84 Technology Fee (applies to permit fee) Percentage 7% 7% Surcharge Actual Cost + 10%
Cal. Code Regs. tit. 21
§ 1411.3 (a)
Note: All projects on this fee schedule are meant to reflect a typical scope. If any project is outside of the typical scope, the City Engineer / Department Director has the discretion to charge time and material for those projects.

Note: Any fees not listed on this schedule will be administered at the rate of San Bernardino County's land development fee schedule. 593
Report on Development Services Cost of Services
(User Fee) Study

CITY OF ADELANTO, CALIFORNIA

FINAL REPORT
July 2023
594
Table of Contents

1. Introduction and Executive Summary 1

2. Legal Framework and Policy Considerations 4

3. User Fee Study Methodology 7

4. Results Overview 9

5. Building & Safety 10

6. Planning 18

7. Engineering 21

8. Cost Recovery Considerations 25
Appendix – Comparative Survey 29
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Cost of Services (User Fee) Study Report City of Adelanto, CA Matrix Consulting Group 1

1. Introduction and Executive Summary
The report, which follows, presents the results of the Development Services Cost of Services (User Fee) Study conducted by the Matrix Consulting Group for the City of Adelanto, California.
1 Project Background and Overview
The City of Adelanto last conducted a Citywide formal fee study in 2020, and has contracted Matrix Consulting Group to perform an update to their Development Services Fees. This aligns with the Government Finance Officers Association’s (GFOA) best practices for Establishing Government Charges and Fees which recommends reevaluating cost of services every three to five years; as this practice captures any changes to organizational structure, processes, as well as any new service areas.

The Matrix Consulting Group analyzed the cost-of-service relationships that exist between fees for service activities in the following Development Services areas: Building & Safety, Planning, and Engineering. The results of this Study provide a tool for understanding current service levels and the cost for those services. 2 General Project Approach and Methodology
The methodology employed by the Matrix Consulting Group is a widely accepted “bottom up” approach to cost analysis, where time spent per unit of fee activity is determined for each position within a Department. Once time spent for a fee activity is determined, all applicable City costs are then considered in the calculation of the “full” cost of providing each service. The following table provides an overview of types of costs applied in establishing the “full” cost of services provided by the City:

Table 1: Overview of Cost Components
Cost Component Description
Direct Fiscal Year 2023 Budgeted salaries, benefits and allowable expenditures.

Indirect Program, departmental, clerical, and Citywide support.

Together, the cost components in the table above comprise the calculation of the total “full” cost of providing any particular service, regardless of whether a fee for that service is charged.

The work accomplished by the Matrix Consulting Group in the analysis of the proposed fees for service involved the following steps:
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• Department Staff Interviews: The project team interviewed department staff regarding their needs for clarification to the structure of existing fee items, or for addition of new fee items.
• Data Collection: Data was collected for each permit / service, including time estimates. In addition, all budgeted costs and staffing levels for Fiscal Year 2023 were entered into the Matrix Consulting Group’s analytical software model. • Cost Analysis: The full cost of providing each service included in the analysis was established.
• Review and Approval of Results with City Staff: Department management has reviewed and approved these documented results.

A more detailed description of user fee methodology, as well as legal and policy considerations are provided in subsequent chapters of this report. 3 Summary of Results
When comparing FY23 fee-related budgeted expenditures with FY23 fee-related budgeted revenue; Development Services is under-recovering its costs by approximately $381,000 or recovering 74% of its costs. The following table shows by service area, the revenue budgeted, the total budgeted expenditures, the resulting difference, and the resulting cost recovery percentage.

Table 2: Annual Cost Recovery Analysis
Service Area
FY23
Budgeted Rev.

FY23
Budgeted Exp Difference
Cost
Recovery %
Building $656,135 $602,370 $53,765 109%
Planning $306,007 $524,998 ($218,991) 58%
Engineering $107,800 $323,448 ($215,648) 33%
Total $1,069,942 $1,450,816 ($380,874) 74%
Planning and Engineering have similar deficits of approximately $219,000 and $216,000 each, respectively. Building shows a slight over-recovery by approximately $54,000.

However, over-recoveries of that nature can be expected for Building projects, as fees are collected in one fiscal year, but services are carried throughout future fiscal years.

The detailed documentation of this study will show an over-collection for some fees (on a per unit basis), and an undercharge for most others. The results of this analysis will provide the Department with guidance on how to right-size their fees to ensure that each service unit is set at an amount that does not exceed the full cost of providing that service.

The display of the cost recovery figures shown in this report are meant to provide a basis 597
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for policy development discussions among Council members and Department staff, and do not represent a recommendation for where or how the Council should act. The setting of the “rate” or “price” for services, whether at 100 percent full cost recovery or lower, is a policy decision to be made only by the Council, with input from City staff and the community.
4 Considerations for Cost Recovery Policy and Updates
The Matrix Consulting Group recommends that the City use the information contained in this report to discuss, adopt, and implement a mechanism for the annual update of fees for service.

The purpose of a comprehensive update is to completely revisit the analytical structure, service level estimates and assumptions, and to account for any major shifts in cost components or organizational structures that have occurred since the City’s previous analysis. As previously stated in this report, it’s recommended the City conduct comprehensive analyses every three to five years. This frequency of updating allows for any changes to organizational structure, processes, as well as any new service areas to be captured and integrated into the cost of services provided.

In between comprehensive updates, the City should utilize published industry economic factors such as Consumer Price Index (CPI) or other regional factors to update the cost calculations established in the Study on an annual basis. Utilizing an annual increase mechanism ensures that the City receives appropriate fee increases that reflect growth in costs.
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2. Legal Framework and Policy Considerations
This section of the report is intended to provide an overview of legal rules and regulations as well as general policy considerations regarding fees for service. A “user fee” is a charge for service provided by a governmental agency to a public citizen or group. In California, several constitutional laws such as Propositions 13, 4, and 218, State Government Codes 66014 and 66016, and more recently Prop 26 and the Attorney General’s Opinion 92-506 set the parameters under which the user fees typically administered by local government are established and administered. Specifically, California State Law, Government Code 66014(a), stipulates that user fees charged by local agencies “…may not exceed the estimated reasonable cost of providing the service for which the fee is charged”.
1 General Principles and Philosophies Regarding User Fees Local governments are providers of many types of general services to their communities.

While all services provided by local government are beneficial to constituents, some services can be classified as globally beneficial to all citizens, while others provide more of a direct benefit to a specific group or individual. The following table provides examples of services provided by local government within a continuum of the degree of community benefit received:

Table 3: Services in Relation to Benefit Received
“Global” Community Benefit “Global” Benefit and an
Individual or Group Benefit Individual or Group Benefit • Police
• Park Maintenance
• Fire Suppression
• Recreation / Community
Services
• Fire Prevention
• Building Permits
• Planning and Zoning Approval
• Site Plan Review
• Engineering Development
Review
• Facility Rentals
Funding for local government is obtained from a myriad of revenue sources such as taxes, fines, grants, special charges, user fees, etc. In recent years, alternative tax revenues, which typically offset subsidies for services provided to the community, have become increasingly limited. These limitations have caused increased attention on user fee activities as a revenue source that can offset costs otherwise subsidized (usually) by the general fund. In Table 3, services in the “global benefit” section tend to be funded primarily through voter approved tax revenues. In the middle of the table, one typically finds a mixture of taxes, user fee, and other funding sources. Finally, in the “individual / 599
Cost of Services (User Fee) Study Report City of Adelanto, CA Matrix Consulting Group 5
group benefit” section of the table, lie the services provided by local government that are typically funded almost entirely by user fee revenue.

The following are two central concepts regarding the establishment of user fees:
• Fees should be assessed according to the degree of individual or private benefit gained from services. For example, the processing and approval of a land use or building permit will generally result in monetary gain to the applicant, whereas Police services and Fire Suppression are examples of services that are essential to the safety of the community at large.
• A profit-making objective should not be included in the assessment of user fees.

In fact, California laws require that the charges for service be in direct proportion to the costs associated with providing those services. Once a charge for service is assessed at a level higher than the actual cost of providing a service, the term “user fee” no longer applies. The charge then becomes a tax subject to voter approval.

Therefore, it is commonly accepted that user fees are established at a level that will recover up to, and not more than, the cost of providing a particular service. 2 General Policy Considerations Regarding User Fees
Undoubtedly, there are programs, circumstances, and services that justify a subsidy from a tax based or alternative revenue source. However, it is essential that jurisdictions prioritize the use of revenue sources for the provision of services based on the continuum of benefit received.

Within the services that are typically funded by user fees, the Matrix Consulting Group recognizes several reasons why City staff or the Council may not advocate the full cost recovery of services. The following factors are key policy considerations in setting fees at less than 100 percent of cost recovery:
• Limitations posed by an external agency. The State or an outside agency will occasionally set a maximum, minimum, or limit the jurisdiction’s ability to charge a fee at all. An example includes time spent copying and retrieving public documents and / or transportation permits.
• Encouragement of desired behaviors. Keeping fees for certain services below full cost recovery may provide better compliance from the community. For example, if the cost of a permit for charging a water heater in residential home is higher than the cost of the water heater itself, many citizens will avoid pulling the permit. 600
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• Benefit received by user of the service and the community at large is mutual.

Many services that directly benefit a group or individual equally benefit the community as a whole. Examples include Planning Design Review, historical dedications and certain types of special events.

The Matrix Consulting Group recognizes the need for policies that intentionally subsidize certain activities. The primary goals of a User Fee Study are to provide a fair and equitable basis for determining the costs of providing services and ensure that the City complies with State law.
3 Summary of Legal Restrictions and Policy Considerations Once the full cost of providing services is known, the next step is to determine the “rate” or “price” for services at a level which is up to, and not more than the full cost amount.

The Council is responsible for this decision, which often becomes a question of balancing service levels and funding sources. The placement of a service or activity within the continuum of benefit received may require extensive discussion and at times fall into a “grey area”. However, with the resulting cost of services information from a User Fee Study, the Council can be assured that the adopted fee for service is reasonable, fair, and legal. The City will need to review all fees for service in this analysis and where subsidies are identified increase them to reduce the deficit, and where over-recoveries are identified the fee must be reduced to be in compliance with the law. 601
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3. User Fee Study Methodology
The Matrix Consulting Group utilizes a cost allocation methodology commonly known and accepted as the “bottom-up” approach to establishing User Fees. The term means that several cost components are calculated for each fee or service. These components then build upon each other to comprise the total cost for providing the service. The following chart describes the components of a full cost calculation:

The general steps utilized by the project team to determine allocations of cost components to a particular fee or service are:
• Calculate fully burdened hourly rates by position, including direct & indirect costs; • Develop time estimates for the average time spent to delivery each service included in the study;
• Distribute the appropriate amount of the other cost components to each fee or service based on the staff time allocation basis, or another reasonable basis.

The results of these allocations provide detailed documentation for the reasonable determination of the actual cost of providing each service.

One of the key study assumptions utilized in the “bottom up” approach is the use of time estimate averages for the provision of each fee related service. Utilization of time estimates is a reasonable and defensible approach, especially since experienced staff members who understand service levels and processes unique to the City developed these estimates.

The project team worked closely with City staff in developing time estimates with the following criteria:
• Estimates are representative of average times for providing services. Extremely difficult or abnormally simple projects are not factored in the analysis.

DIRECT
(Salaries, Benefits,
Productive Hours)

INDIRECT
(Departmental Admin,
Services & Supplies,
Citywide Overhead etc.)
Total Cost
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• Estimates reflect the time associated with the position or positions that typically perform a service.
• Estimates provided by staff are reviewed and approved by the department / program, and often involve multiple iterations before a Study is finalized. • Estimates are reviewed by the project team for “reasonableness” against their experience with other agencies.
• Estimates were not based on time in motion studies, as they are not practical for the scope of services and time frame for this project.
• Estimates match the current or proposed staffing levels to ensure there is no overallocation of staff resources to fee and non-fee related activities.

The Matrix Consulting Group agrees that while the use of time estimates is not perfect, it is the best alternative available for setting a standard level of service for which to base a jurisdiction’s fees for service and meets the requirements of California law.

The alternative to time estimating is actual time tracking, often referred to billing on a “time and materials” basis. Except in the case of anomalous or sometimes very large and complex projects, the Matrix Consulting Group believes this approach to not be cost effective or reasonable for the following reasons:
• Accuracy in time tracking is compromised by the additional administrative burden required to track, bill, and collect for services in this manner. • Additional costs are associated with administrative staff’s billing, refunding, and monitoring deposit accounts.
• Customers often prefer to know the fees for services in advance of applying for permits or participating in programs.
• Departments can better predict revenue streams and staff needs using standardized time estimates and anticipated permit volumes.

Situations arise where the size and complexity of a given project warrants time tracking and billing on a “time and materials” basis. The Matrix Consulting Group has recommended taking a deposit and charging Actual Costs for such fees as appropriate and itemized within the current fee schedule.
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4. Results Overview
The motivation behind a cost of services (User Fee) analysis is for the City Council and Departmental staff to maintain services at a level that is both accepted and effective for the community, and also to maintain control over the policy and management of these services.

It should be noted that the results presented in this report are not a precise measurement.

In general, a cost-of-service analysis takes a “snapshot in time”, where a fiscal year of financial and operational information is utilized. Changes to the structure of fee names, along with the use of time estimates allow only for a reasonable projection of subsidies and revenue. Consequently, the Council and Department staff should rely conservatively upon these estimates to gauge the impact of implementation going forward.

Discussion of results in the following chapters is intended as a summary of extensive and voluminous cost allocation documentation produced during the Study. Each chapter will include detailed cost calculation results for each major permit category including the following:
• Modifications: discussions regarding any proposed revisions to the current fee schedule, including elimination or addition of fees.
• “Per Unit” Results: comparison of the full cost of providing each unit of service to the current fee for each unit of service (where applicable).

The full analytical results were provided to City staff under separate cover from this summary report.
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5. Building & Safety
The Building and Safety Department is responsible for enforcing California building codes through plan check and inspection services relating to all new and existing structures.

Fees examined in this study relate to Plan Check, Inspection, Structural, Mechanical, Electrical, and Plumbing plan check and inspection. The following subsections discuss fee schedule modifications and detailed per unit results. 1 Fee Schedule Modifications
In discussions with Building staff, the following fee schedule modifications were proposed:
• New Fees: The following fees were proposed to be added to better reflect the services being covered:
- ‘Flagpole, light standard’
- ‘Under Ground Storage Tanks’
- ‘Above Ground Storage Tanks’
- ‘Retro-Fit Manufactured Home Set Down’
- ‘Manufactured Home Set Down’
- ‘Cell Site New and or Modifications’
- ‘Special Inspector Registration’
- ‘Misc. Plan Review’
- ‘Storage Containers’
- ‘Gas Station Canopies’
- ‘CO2 Tanks’
- ‘Foundation Only Plans’
- ‘Generators’
- ‘Propane Tanks’
- ‘Commercial Guard Shacks’
- ‘Restamping of Plans’
- ‘Construction & Demolition Waste’
- ‘Residential Additions (structure only, no MEPs) – Up to 500 sq. ft.’ - ‘Residential Additions (structure only, no MEPs) – Each addl. 100 sq. ft. greater than 500 sq. ft.’
- ‘Model Plan Check / Plan Check Repeat Homes’
- ‘Additional Plan Check Fee (3rd Review or More)’
- ‘Mechanical - New Residential per sq. ft. rate’
- ‘Mechanical - New Commercial per sq. ft. rate’
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- ‘Electrical - New Residential per sq. ft. rate’
- ‘Electrical - New Commercial per sq. ft. rate’
- ‘Septic Tank - New
- ‘Plumbing - New Residential per sq. ft. rate’
- ‘Plumbing - New Commercial per sq. ft. rate’
• Fee Name Changes: The following fee names were modified to more accurately depict services offered.
- ‘ICBO Patio Cover’ is now ‘Pre-engineered or City Standard Patio Cover’ - ‘Inspections Outside of Business Hours’ is now ‘Inspections Outside of Business Hours (minimum of 4 hrs)’
- ‘Septic System’ is now ‘Septic System – New’
- ‘Seepage Pit’ is now ‘Seepage Pit – New’
The modifications proposed will allow for a clearer display of the services being offered to the public.
2 Detailed Results
The Building & Safety Department collects two types of fees: flat fees and square footagebased fees. Currently, a variety of permits for over the counter or simplified permits are assessed, such as; patio covers, pools, re-roofs, solar permits, and EV charging stations.

Additionally, square footage tables are used to establish permit fees for construction projects. The Department currently has five different square footage tables: Single-Family Residential Building Permit Fees, Multi-Family Building Permit Fees, Commercial Building Permit Fees, Hotel / Motel Building Permit Fees, and Industrial Building Permit Fees.

The total cost calculated for each Building service includes direct staff costs and Departmental and Citywide overhead. The following table details the fee name, current fee, total cost, and difference associated with each service.

Table 4: Total Cost Per Unit Results – Building & Safety Fees Fee Name Current Fee Total Cost Difference
Miscellaneous Building Permit Fees (Standalone Fees)
Photocopies (11x17) New $0.38 N/A
Patio Cover $756 $1,357 ($601)
Pre-engineered or City Standard Patio Cover $464 $1,129 ($665) Flagpoles, light standard New $580 N/A
Demolition $478 $579 ($101)
Gas Test $171 $214 ($43)
Under Ground Storage Tanks New $1,082 N/A
Above Ground Storage Tanks New $1,082 N/A
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Fee Name Current Fee Total Cost Difference
Retro-Fit Manufactured Home Set Down New $877 N/A
Manufactured Home Set Down New $968 N/A
Cell Site New and or Modifications New $991 N/A
Special Inspector Registration New $155 N/A
Re-Inspection Fees $154 $182 ($28)
Pools and Spas
Residential $948 $1,470 ($522)
Commercial $1,256 $2,178 ($922)
Above Ground Pools & Spas $564 $1,357 ($793)
Fencing
Block Wall $464 $785 ($321)
All Others $310 $603 ($293)
Re-Roof
Residential $487 $694 ($207)
Commercial $310 $603 ($293)
Sprinkler / Back-Flow $310 $489 ($179)
Re-Pit $348 $763 ($415)
Construction Trailer Set Down $310 $374 ($64)
Sales Trailer $221 $271 ($50)
Pre-Site $221 $271 ($50)
Storage Shed (over 120ft) (No electrical, water) $260 $317 ($57) Misc. Plan Review New $229 N/A
Misc. Inspections $154 $182 ($28)
Inspections Outside of Business Hours (minimum of 4
hrs) $199 $244 ($45)
Kitchen / Bathroom Remodel (Combo Permit – MEP
Included)
Up to 500 sq. ft. $545 $1,579 ($1,034)
Each addl. 100 sq. ft. greater than 500 sq. ft. $77 $103 ($26) Residential Additions (structure only, no MEPS)
Up to 500 sq. ft. New $939 N/A
Each addl. 100 sq. ft. greater than 500 sq. ft. New $103 N/A Temporary Certificate of Occupancy (TCO) $419 $520 ($101) Replacement of Job Card $28 $39 ($11)
Expedited Plan Review 1.5x Plan Check Fee
Storage Containers New $964 N/A
Gas Station Canopies New $1,055 N/A
CO2 Tanks New $795 N/A
Foundation Only Plans New $795 N/A
Generators New $873 N/A
Propane Tanks New $873 N/A
Commercial Guard Shacks New $950 N/A
Restamping of Plans New $717 N/A
Construction & Demolition Waste
Processing Fee New $155 N/A
Deposit (Min. $1,000; Max $100,000) New
$50 per
100 sq. ft.

N / A
Solar Permits1
Residential
15 kw or less $500 $450 $50
1 GOV § 66015 (a, b)
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Fee Name Current Fee Total Cost Difference
15kw + base fee $500 $450 $50
Each add kw above 15kw $15 $15 $0
Commercial
50 kw or less $1,000 $1,000 $0
50kw-250kw $1,000 $1,000 $0
Per kw above 50 kw $7 $7 $0
250+ kw $2,400 $2,400 $0
Per kw above 250kw $5 $5 $0
Solar Thermal2
Residential
10 kWth or less $450 $450 $0
10+ kWth $450 $450 $0
Per kWth above 10 kWth $15 $15 $0
Commercial
30 kWth or less $1,000 $1,000 $0
30 kWth - 260 kWth $1,000 $1,000 $0
Per kWth above 30 kWth $7 $7 $0
260+ kWth $2,610 $2,400 $210
Per kWth above 260 kWth $5 $5 $0
EV Charging Station
Residential $286 $809 ($523)
Commercial $517 $818 ($301)
Square Footage Fees
Single-Family Residential (does not include MEP)
Plan Check Fee (includes one (1) initial review and two (2) re-submittal checks. Additional Plan Review thereafter are subject to additional fees)
Plan Check Fee 65% 70% -5%
Model Plan Check / Plan Check Repeat Homes New 25% N/A
Additional Plan Check Fee (3rd Review or More) New $229 N/A Building Permit (Inspection)
0-500 sq. ft. $824.53 $897.97 ($73.44)
500-1,000 sq. ft. $824.53 $897.97 ($73.44)
per 100 sq. ft. over 500 sq. ft. $108.09 $98.91 $9.18
1,000 - 3,000 sq. ft. $1,364.97 $1,392.54 ($27.57)
per 500 sq. ft. over 1,000 sq. ft. $199.19 $237.59 ($38.40) 3,000-5,000 sq. ft. $2,161.73 $2,342.91 ($181.18)
per 500 sq. ft. over 3,000 sq. ft. $302.26 $292.86 $9.40 5,000+ sq. ft. $3,370.76 $3,514.37 ($143.61)
per 500 sq. ft. over 5,000 sq. ft. $151.13 $146.43 $4.70 Multi-Family Residential (does not include MEP)
Plan Check (includes one (1) initial review and two (2) re-submittal checks. Additional Plan Review thereafter are subject to additional fees)
Plan Check Fee 75% 75% 0%
Building Permit (Inspection)
0-10,000 sq. ft. $4,011.59 $4,030.96 ($19.37)
10,000-25,000 sq. ft. $4,011.59 $4,030.96 ($19.37)
per 100 sq. ft. over 10,000 sq. ft. $21.73 $23.81 ($2.08) 25,000-50,000 sq. ft. $7,271.27 $7,603.03 ($331.76)
per 100 sq. ft. over 25,000 sq. ft. $25.56 $29.79 ($4.23) 50,000-100,000 sq. ft. $13,662.47 $15,051.04 ($1,388.57) 2 GOV § 66015 (a, b)
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Fee Name Current Fee Total Cost Difference
per 100 sq. ft. over 50,000 sq. ft. $30.98 $33.13 ($2.15) 100,000+ sq. ft. $29,153.45 $31,615.31 ($2,461.86)
per 100 sq. ft. over 100,000 sq. ft. $15.49 $16.56 ($1.07) Commercial (does not include MEP)
Plan Check (includes one (1) initial review and two (2) re-submittal checks. Additional Plan Review thereafter are subject to additional fees)
Plan Check Fee 75% 75% 0%
Building Permit (Inspection)
0-1,500 sq. ft. $2,390.29 $2,395.32 ($5.03)
1,500-3,000 sq. ft. $2,390.29 $2,395.32 ($5.03)
per 100 sq. ft. over 1,500 sq. ft. $53.12 $53.23 ($0.11) 3,000-5,000 sq. ft. $3,187.06 $3,193.76 ($6.70)
per 100 sq. ft. over 3,000 sq. ft. $57.67 $75.97 ($18.30) 5,000 - 10,000 sq. ft. $4,340.55 $4,713.14 ($372.59)
per 100 sq. ft. over 5,000 sq. ft. $89.80 $92.71 ($2.91) 10,000-25,000 sq. ft. $8,830.62 $9,348.77 ($518.15)
per 100 sq. ft. over 10,000 sq. ft. $25.92 $24.83 $1.09 25,000-50,000 sq. ft. $12,718.32 $13,072.78 ($354.46)
per 100 sq. ft. over 25,000 sq. ft. $24.73 $26.77 ($2.04) 50,000 sq. ft. + $18,900.18 $19,764.18 ($864.00)
per 100 sq. ft. over 50,000 sq. ft. $12.36 $13.38 ($1.02) Hotels / Motels (does not include MEP)
Plan Check (includes one (1) initial review and two (2) re-submittal checks. Additional Plan Review thereafter are subject to additional fees)
Plan Check Fee 75% 75% 0%
Building Permit (Inspection)
0-10,000 sq. ft. $4,011.59 $4,243.67 ($232.08)
10,000-25,000 sq. ft. $4,011.59 $4,243.67 ($232.08)
per 100 sq. ft. over 10,000 sq. ft. $27.71 $28.47 ($0.76) 25,000-50,000 sq. ft. $8,168.43 $8,514.65 ($346.22)
per 100 sq. ft. over 25,000 sq. ft. $24.64 $26.15 ($1.51) 50,000-100,000 sq. ft. $14,328.94 $15,051.04 ($722.10)
per 100 sq. ft. over 50,000 sq. ft. $35.80 $34.95 $0.85 100,000+ sq. ft. $32,229.43 $32,526.93 ($297.50)
per 100 sq. ft. over 100,000 sq. ft. $17.90 $17.48 $0.42 Industrial (does not include MEP)
Plan Check (includes one (1) initial review and two (2) re-submittal checks. Additional Plan Review thereafter are subject to additional fees)
Plan Check Fee 75% 75% 0%
Building Permit (Inspection)
0-10,000 sq. ft. $2,033.56 $2,434.08 ($400.52)
10,000-25,000 sq. ft. $2,033.56 $2,434.08 ($400.52)
per 100 sq. ft. over 10,000 sq. ft. $14.21 $16.93 ($2.72) 25,000-50,000 sq. ft. $4,165.39 $4,972.97 ($807.58)
per 100 sq. ft. over 25,000 sq. ft. $18.46 $16.04 $2.42 50,000-100,000 sq. ft. $8,779.36 $8,984.12 ($204.76)
per 100 sq. ft. over 50,000 sq. ft. $7.49 $8.18 ($0.69) 100,000+ sq. ft. $12,526.07 $13,072.78 ($546.71)
per 100 sq. ft. over 100,000 sq. ft. $3.75 $4.09 ($0.34) MEP Fees
Mechanical
Permit Issuance Fee $56 $78 ($22)
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Fee Name Current Fee Total Cost Difference
HVAC
New / Relocate $254 $297 ($43)
Replacement / Change out $216 $251 ($35)
Water Heater $166 $194 ($28)
AC / Furnace
Residential $166 $194 ($28)
Commercial $254 $297 ($43)
Exhaust Fan
Residential $166 $194 ($28)
Commercial $254 $297 ($43)
Hood & Duct
Residential $166 $194 ($28)
Commercial $254 $297 ($43)
Backflow Preventer $166 $194 ($28)
Grease Trap / Interceptor $166 $194 ($28)
Gas Piping Outlet
1-5 outlets $33 $194 ($161)
Each outlet over 5 $13 $15 ($2)
Miscellaneous Permits
Any other mechanical permit not covered above $166 $194 ($28) Square Footage Fees
Fees shall be charged per square feet with a maximum fee not to exceed the total Building Permit fee.

Residential Addition / Remodel $0.17 $0.05 $0.12
New Residential per sq ft rate New $0.10 N/A
New Commercial per sq ft rate New $0.14 N/A
Commercial Tenant Improvement $0.25 $0.10 $0.15
Electrical
Permit Issuance Fee $56 $78 ($22)
Temporary Power Pole $115 $137 ($22)
Automatic Gates $216 $251 ($35)
Security Cameras $216 $251 ($35)
Security Lighting $216 $251 ($35)
Alarm Systems $216 $251 ($35)
Generators $166 $194 ($28)
Conduits $166 $194 ($28)
Panels / Sub-panels $166 $194 ($28)
Additional Drop
Up to 5 $38 $46 ($8)
Over 5 $38 $46 ($8)
Power Transfer
Up to 5 $13 $15 ($2)
Over 5 $13 $15 ($2)
Outlets, Lights, Switches
1-5 units $22 $130 ($108)
6-10 units $33 $194 ($161)
Each additional 10 units $13 $17 ($4)
Miscellaneous Permits
Any other electrical permit not covered above $166 $194 ($28) Square Footage Fees
Fees shall be charged per square feet with a maximum fee not to exceed the total Building Permit fee.

Residential Addition / Remodel $0.14 $0.08 $0.06
New Residential per sq ft rate New $0.13 N/A
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Fee Name Current Fee Total Cost Difference
New Commercial per sq ft rate New $0.18 N/A
Commercial Tenant Improvement $0.25 $0.11 $0.14
Plumbing
Permit Issuance Fee $56 $78 ($22)
Septic System - New $408 $479 ($71)
Sewer Hook-up $216 $251 ($35)
Leech Line $216 $251 ($35)
Water Closets $216 $251 ($35)
Sinks $166 $194 ($28)
Tubs $166 $194 ($28)
Showers $166 $194 ($28)
Toilets $166 $194 ($28)
Garbage Disposal $166 $194 ($28)
Valves $166 $194 ($28)
Water Pipes $166 $194 ($28)
Traps $166 $194 ($28)
Trap Primer $166 $194 ($28)
Floor Sinks $166 $194 ($28)
Grease Trap $166 $194 ($28)
Septic Tank - New New $194 N/A
Seepage Pit - New $216 $251 ($35)
Residential Fire Sprinklers
0-500 sq. ft. $216 $251 ($35)
500-1,000 sq. ft. $304 $354 ($50)
1,000-3,000 sq. ft. $393 $457 ($64)
3,000-5,000 sq. ft. $482 $560 ($78)
5,000+ sq. ft. $662 $776 ($114)
Miscellaneous Permits
Any other plumbing permit not covered above $166 $194 ($28) Square Footage Fees
Fees shall be charged per square feet with a maximum fee not to exceed the total Building Permit fee.

Residential Addition / Remodel $0.25 $0.05 $0.20
New Residential per sq ft rate New $0.10 N/A
New Commercial per sq ft rate New $0.14 N/A
Commercial Tenant Improvement $0.36 $0.10 $0.26
Cannabis Operation Fees
Fans $193 $233 ($40)
Closed Loop System $436 $518 ($82)
Explosion Proof Rooms $590 $700 ($110)
CO2 Infusion System $436 $518 ($82)
Cannabis Growth Steam and Misters $743 $882 ($139)
Commercial kitchens for cannabis growth $436 $518 ($82) Hazardous Waste Disposal $436 $518 ($82)
Overall, Building’s flat fees tend to under-recover. The largest deficit is in relation to ‘Kitchen / Bathroom Remodel (Combo Permit – MEP Included) - Up to 500 sq. ft.’ at $1,034; followed by ‘Pools and Spas – Commercial’ at $992 and ‘Pools and Spas – Above Ground Pools & Spas’ at $793. The reason for the large under-recoveries is the inclusion 611
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of the MEP permits in the Kitchen / Bathroom Remodel, as well as ensuring that it appropriately covers Plan Check and Inspection time.

Building under-recovers for a majority of square footage categories. The over-recoveries are in relation to per square footage fees for larger square footages. This surplus is typical when adjusting time assumptions to more accurately represents time on task.

All Plan Check percentages remained the same except for the Single-Family Plan Check.

The full cost associated with Single-Family Plan Check was calculated at 70% of the Single-Family Residential Building Permit fee, which is only a 5% increase compared to the current plan check fee of 65%. The higher plan check fee is due to ensuring that we have appropriately captured the time it takes to conduct plan checks.

Overall, the changes to the Buildings fee schedule more accurately and simplistically represent the level of effort incurred by staff as it relates to administering permits and conducting plan check and inspections.
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6. Planning
The Planning Division is responsible for reviewing development related projects to ensure compliance with zoning procedures and development standards. Fees examined in this study relate to Conditional Use Permits, Variances, Environmental Assessments, Subdivisions, Appeals, and more. The following subsections discuss fee schedule modifications and detailed per unit results.
1 Fee Schedule Modifications
In discussions with Planning staff, the following fee schedule modifications were proposed:
• New Fees: The following two fees were added as the Division now offers these services:
- ‘Pre-Application Meeting (up to 2 hrs)’
- ‘Special Events Permit’
The modifications proposed will allow for a clearer display of the services being offered to the public.
2 Detailed Results
The Planning Division collects fees for items such as Conditional Use Permits, Variances, Environmental Assessments, Subdivisions, Appeals, among others. The total cost calculated for each Planning service includes direct staff costs and Departmental and Citywide overhead. The following table details the fee name, current fee, total cost, and difference associated with each service.

Table 5: Total Cost Per Unit Results – Planning Fees
Fee Name
Current
Fee
Total
Cost Difference
Pre-Annexation $5,200 $7,589 ($2,389)
Annexation $6,898 $10,067 ($3,169)
Comprehensive Application for Development Review and Land Use Approval Conditional Use Permit
Regular $4,861 $7,093 ($2,232)
Minor $2,430 $3,546 ($1,116)
Location, Development Plan
Regular $4,861 $7,093 ($2,232)
Minor $2,430 $3,546 ($1,116)
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Fee Name
Current
Fee
Total
Cost Difference
General Plan Amendment / Zone Change $5,540 $8,084 ($2,544) Code Amendment $6,049 $8,828 ($2,779)
Variance
Minor Variance $1,636 $2,383 ($747)
Major Variance $2,485 $3,622 ($1,137)
Environment Fees
Environmental Assessment $2,230 $3,250 ($1,020)
Negative Declaration & Mitigated Declaration Pass Through Environmental Impact Report Pass Through
Peer Review for EIR $564 $820 ($256)
Subdivisions
Preliminary / Pre-Application Review $1,212 $1,763 ($551) Tentative Parcel Map
Map $3,503 $5,110 ($1,607)
Amendment $1,806 $2,631 ($825)
Tentative Tract Map
Base $4,861 $7,093 ($2,232)
Per Lot $123 $172 ($49)
Amendment $2,824 $4,118 ($1,294)
Extension $2,146 $3,126 ($980)
Time Extension $2,146 $3,126 ($980)
Filing Fee $85 $124 ($39)
Lot Merger or Lot Line, Certificate of Compliance, Lot Split $1,806 $2,631 ($825) Appeal Fee
Appeal Administrative Decision to Planning Commission $1,806 $2,631 ($825) Appeal Planning Commission Decision to City Council $2,146 $3,126 ($980) Miscellaneous Fees
Zoning Clearance Review $255 $372 ($117)
Home Occupant Permit $255 $372 ($117)
Sign Permit $733 $1,067 ($334)
Landscape Plan Check Application $564 $820 ($256)
Model Home Complex $564 $820 ($256)
Temporary Use Permit $564 $820 ($256)
Pre-Application Meeting (up to 2 hrs) New $496 N/A
Modification to Planning Application
Minor $1,752 $2,555 ($803)
Major $2,824 $4,118 ($1,294)
Specific Plan
Plan $6,898 $10,067 ($3,169)
Amendment $4,352 $6,349 ($1,997)
Development Agreements $4,352 $6,349 ($1,997)
Density Bonus Agreement $4,352 $6,349 ($1,997)
Fence and Wall Plan Check Application $564 $820 ($256)
Sign Program Application $1,636 $2,383 ($747)
Special Events Permit New $248 N/A
Yard Sale Permit $1 $13 ($12)
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Planning under-recovers for all of their fees. The largest deficit is in relation to ‘Annexation’ at $3,169; followed by ‘Code Amendment’ and ‘General Plan Amendment / Zone Change’ at $2,779 and $2,544 respectively.

In addition to the flat fees noted, the City is also interested in implementing Developer Deposit accounts. These types of accounts are deposit-based, where the City would collect an initial up front deposit from a Developer. These would be applicable to larger Site development projects, or entitlements that require multiple permits. Contract and City staff (including any legal support) would bill against those deposits to ensure that there is full cost recovery. This type of system is critical, as the flat fees on the previous page reflect typical projects and scope of work. Whereas, these deposits would be for larger, more anomalous projects.
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7. Engineering
The Engineering Department is responsible for producing and managing environmentallyfriendly, accurate, and cost-efficient solutions that promote environmentally sustainable infrastructures that comply with engineering guidelines and meet City residents’ needs.

Fees examined in this study relate to Plan Checks, Inspections, and Encroachment Permits. The following subsections discuss fee schedule modifications and detailed per unit results.
1 Fee Schedule Modifications
In discussions with Engineering staff, the following fee schedule modifications were proposed:
• New Fees: The following fees were added as the Department now offers these services:
- ‘Vacation, Dedication, and Easement’
- ‘LLA’s Parcel Merger’
- ‘Expedited Review Fee’
- ‘Public Improvements‘
- ‘Potholing’
- ‘Boring ‘
- ‘Fiber Optic’
- ‘Traffic Control Review’
- ‘After Hours Inspection Fee (Min. of 4 Hours)’
- ‘Water Connection’
- ‘WQMP’
- ‘Soil Report’
- ‘Traffic Study or any Traffic Related Agreements and Documents’ - ‘Pavement Design’
- ‘Annexation’
- ‘Certificate of Occupancy’
- ‘Utility Feasibility Study’
• Fee Name Changes: The linear feet value for the ‘Sidewalk / Ramps / Curbs’ was changed from 100 to 500.

The modifications proposed will more accurately capture the services being provided. 616
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2 Detailed Results
The Engineering Department collects fees for items such as public improvement plan check, public improvement and grading permits and inspections, encroachments, and more. The total cost calculated for each Engineering service includes direct staff costs and Departmental and Citywide overhead. The following table details the fee name, current fee, total cost, and difference associated with each service.

Table 6: Total Cost Per Unit Results – Engineering Fees Fee Name
Current
Fee
Total
Cost Difference
Plan Check Initial Fee
Rough Grading Plan Check $429 $749 ($320)
Street Improvement Plan Check $631 $1,271 ($640)
Sewer Improvement Plan Check $429 $749 ($320)
Water Improvement Plan Check $429 $749 ($320)
Precise Grading/Drainage Plan Check $698 $1,271 ($573)
City LLMD Landscaping Plan Check $179 $472 ($293)
Onsite Landscaping Plan Check $179 $472 ($293)
Street Lighting Plans $247 $472 ($225)
Street Striping Plans $381 $577 ($196)
Erosion Control Plan $429 $749 ($320)
Storm Water Pollution Prevention Plan (SWPPP) $631 $1,062 ($431) Strom Drain Improvement Plans $496 $853 ($357)
Tract Map Plan Check $429 $665 ($236)
Parcel Map Plan Check $1,755 $9,382 ($7,627)
Vacation, Dedication, and easement New $6,894 N/A
LLA's Parcel Merger New $6,894 N/A
Review after 3rd Plan Review $154 $209 ($55)
Expedited Review Fee New 1.5x Plan Review Fee
Inspection Fees
Grading Inspection
51-100 c. y. $234 $313 ($79)
101 -1,000 c. y. $515 $694 ($179)
1,001 - 10,000 c. y. $797 $1,075 ($278)
10,001 -50,000 c. y. $1,502 $2,028 ($526)
50,001 -100,000 c. y. $1,783 $2,409 ($626)
100,001 + c. y. $2,065 $2,791 ($726)
Each addl. 10,000 c. y. $197 $267 ($70)
Public Improvements
Base Fee (Up to $25,000) New $1,197 N/A
$25,000 - $250,000 New 1.33% N/A
$250,000 - $500,000 New 1.87% N/A
$500,000 - $1m New 1.15% N/A
$1m-$5m New 0.38% N/A
$5m+ New 0.29% N/A
Encroachment Permit
Issuance Fee $56 $79 ($23)
Plan Check Fee $112 $159 ($47)
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Fee Name
Current
Fee
Total
Cost Difference
Open Trench/Excavation Fee
0 to 300 l. f. $141 $191 ($50)
301 to 500 l. f. $282 $381 ($99)
Each 100 LF over 500 l. f. $2 $3 ($1)
Underground Structure $12 $16 ($4)
Street Improvement Inspection
Up to 500 I. f. $211 $477 ($266)
Each addl. 100 I. f. over 500 I. f. $35 $152 ($117)
Sewer Improvement Inspection
Up to 500 l. f. $247 $334 ($87)
Each addl. 100 I. f. over 500 I. f. $23 $95 ($72)
Water Improvement Inspection
Up to 500 l. f. $247 $477 ($230)
Each addl. 100 I. f. over 500 I. f. $23 $143 ($120)
Bellholing $50 $95 ($45)
Potholing New $381 N/A
Drive Approach Inspection
Residential $195 $170 $25
Commercial / Industrial $264 $218 $46
Sidewalk / Ramps / Curbs
Up to 500 I. f. $253 $654 ($401)
Each add 100 I. f. $12 $133 ($121)
Boring
Up to 500 I. f. New $334 N/A
Each addl. 100 I. f. New $124 N/A
Fiber Optic
Up to 500 I. f. New $381 N/A
Each addl. 100 I. f. New $143 N/A
Other Miscellaneous Encroachment Permits
Pre-fence Inspection / Block Wall Inspection $106 $143 ($37) Utility Cuts $141 $95 $46
Trenches $141 $191 ($50)
Sewer Connection $141 $286 ($145)
Other Encroachment Permits $141 $191 ($50)
Permit Extension $48 $67 ($19)
Traffic Control Review New $623 N/A
Additional Inspection Fee New $191 N/A
After Hours Inspection Fee (Min. of 4 Hours) New $265 N/A Water Connection New $381 N/A
Miscellaneous Fees
Street Address Assignment $115 $172 ($57)
Street Name Approval $115 $172 ($57)
Easement / Vacation Review $586 $1,321 ($735)
Lot Line Adjustment / Lot Merger $586 $1,321 ($735)
Certificate of Compliance $586 $1,321 ($735)
Hydrology Study Review $765 $1,376 ($611)
WQMP New $1,321 N/A
Soil Report New $1,321 N/A
Traffic Study or any Traffic Related Agreements and Documents New $1,254 N/A Pavement Design New $1,254 N/A
Annexation Actual Cost + 10%
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Fee Name
Current
Fee
Total
Cost Difference
Certificate of Occupancy New $191 N/A
Utility Feasibility Study New $1,363 N/A
Joshua Tree Survey
Up to 2 acres $328 $385 ($57)
Each acre over 2 acres $174 $211 ($37)
Permit Fees
Land Disturbance Permit (Clearing & Grubbing Permit) – Minor Grading $91 $234 ($143)
Transportation
Single Trip $16 $16 $0
Annual Trip $90 $90 $0
Shipping
USPS Actual Cost
Shipping and Handling Actual Cost
With the exception of ‘Utility Cuts’ and ‘Driveway Approach Inspections’, Engineering under-recovers for all of their fees. The largest deficit is in relation to ‘Parcel Map Plan Check’ at $7,627’; followed by ‘Easement / Vacation Review’, ‘Lot Line Adjustment / Lot Merger’, and ‘Certificate of Compliance’ each at a deficit of $735. The purpose of this study was primarily to ensure that all encroachment services were accounted for appropriately and that the time assumptions reflected staff time and effort to provide these services. The large deficits in these fees indicate that additional time needed to be factored in the review and inspection components.
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8. Cost Recovery Considerations
The following sections provide guidance regarding how and where to increase fees, determining annual update factors, and developing cost recovery policies and procedures.
1 Fee Adjustments
This study has documented and outlined on a fee-by-fee basis where the Department is under and over collecting for its fee-related services. Department management will now need to review the results of the study and adjust fees in accordance with Departmental and City philosophies and policies. The following dot points outline the major options the Department has in adjusting its fees.
• Over-Collection: Upon review of the fees that were shown to be over-collecting for costs of services provided, the City should reduce the current fee to be in line with the full cost of providing the service.
• Full Cost Recovery: For fees that show an under-collection for costs of services provided, the City may decide to increase the fee to full cost recovery immediately. • Phased Increase: For fees with significantly low-cost recovery levels, or which would have a significant impact on the community, the City could choose to increase fees gradually over a set period of time.

The City will need to review the results of the fee study and associated cost recovery levels and determine how best to adjust fees. While decisions regarding fees that currently show an over-recovery are fairly straight forward, the following subsections, provide further detail on why and how the City should consider either implementing Full Cost Recovery or a Phased Increase approach to adjusting its fees. 1 Full Cost Recovery
Based on the permit or review type, the Department may wish to increase the fee to cover the full cost of providing services. Certain permits may be close to cost recovery already, and an increase to full cost may not be significant. Other permits may have a more significant increase associated with full cost recovery.

Increasing fees associated with permits and services that are already close to full cost recovery can potentially bring a Department’s overall cost recovery level higher. Often, 620
Cost of Services (User Fee) Study Report City of Adelanto, CA Matrix Consulting Group 26
these minimal increases can provide necessary revenue to counterbalance fees which are unable to be increased.

The Department should consider increasing fees for permits for which services are rarely engaged to full cost recovery. These services often require specific expertise and can involve more complex research and review due to their infrequent nature. As such, setting these fees at full cost recovery will ensure that when the permit or review is requested, the Department is recovering the full cost of its services. 2 Phased Increases
Depending on current cost recovery levels some current fees may need to be increased significantly in order to comply with established or proposed cost recovery policies. Due to the type of permit or review, or the amount by which a fee needs to be increased, it may be best for the Department to use a phased approach to reaching their cost recovery goals.

As an example, you may have a current fee of $200 with a full cost of $1,000, representing 20% cost recovery. If the current policy is 80% cost recovery, the current fee would need to increase by $600, bringing the fee to $800, in order to be in compliance. Assuming this particular service is something the Department provides quite often, and affects various members of the community, an instant increase of $600 may not be feasible. Therefore, the Department could take a phased approach, whereby it increases the fee annually over a set period until cost recovery is achieved.

Raising fees over a set period of time not only allows the Department to monitor and control the impact to applicants, but also ensure that applicants have time to adjust to significant increases. Continuing with the example laid out above, the Department could increase the fee by $150 for the next four years, spreading out the increase. Depending on the desired overall increase, and the impact to applicants, the Department could choose to vary the number of years by which it chooses to increase fees. However, the project team recommends that the Department not phase increases for periods greater than five years, as that is the maximum window for which a comprehensive fee assessment should be completed.
2 Annual Adjustments
Conducting a comprehensive analysis of fee-related services and costs annually would be quite cumbersome and costly. The general rule of thumb for comprehensive fee analyses is between three and five years. This allows for jurisdictions to ensure they 621
Cost of Services (User Fee) Study Report City of Adelanto, CA Matrix Consulting Group 27
account for organizational changes such as staffing levels and merit increases, as well as process efficiencies, code or rule changes, or technology improvements.

Developing annual update mechanisms allow jurisdictions to maintain current levels of cost recovery, while accounting for increases in staffing or expenditures related to permit services. The two most common types of update mechanisms are Consumer Price Index (CPI) and Cost of Living Adjustment (COLA) factors. The following points provide further detail on each of these mechanisms.
• COLA / Personnel Cost Factor: Jurisdictions often provide their staff with annual salary adjustments to account for increases in local cost of living. These increases are not tied to merit or seniority, but rather meant to offset rising costs associated with housing, gas, and other livability factors. Sometimes these factors vary depending on the bargaining group of a specific employee. Generally, these factors are around two or three percent annually.
• CPI Factor: A common method of increasing fees or cost is to look at regional cost indicators, such as the Consumer Price Index. These factors are calculated by the Bureau of Labor Statistics, put out at various intervals within a year, and are specific to states and regions.

As the primary services for development-related activities are provided through contracted staff, the City of Adelanto should utilize the CPI factor for conducting annual updates. If choosing a CPI factor, the City should outline which CPI should be used, including specific region, and adoption date. If choosing an internal factor, again, the City should be sure to specify which factor if multiple exist. 3 Policies and Procedures
This study has identified areas where the City is under-collecting the cost associated with providing services. This known funding gap is therefore being subsidized by other City revenue sources.

The Matrix Consulting Group has extensive experience in analyzing local government operations across the United States and has calculated typical cost recovery ranges. The following table outlines these cost recovery ranges by major service area.

Table 7: Typical Cost Recovery Ranges by Department
Department / Program Typical Cost Recovery Ranges
Building 80 – 100%
Planning 50 – 80%
622
Cost of Services (User Fee) Study Report City of Adelanto, CA Matrix Consulting Group 28
Department / Program Typical Cost Recovery Ranges
Engineering 80 – 100%
Information presented in the table above is based on the Matrix Consulting Group’s experience in analyzing local governments’ operations across the United States and within California and reflects typical cost recovery ranges observed by local adopting authorities. The following graph depicts how Adelanto’s Development Service Department’s compare to industry cost recovery range standards.

When compared to typical cost recovery, Development Services’ cost recovery varies based on Department. Building is above the typical cost recovery range, Planning is within the typical cost recovery range, and Engineering is below the typical cost recovery range. 109%
58%
33%
20%
40%
60%
80%
100%
120%
Building
Planning
Engineering
Cost Recovery %
Current Revenue Cost Recovery vs. Typical Revenue Cost Recovery Typical Cost Recovery Current Cost Recovery
623
Cost of Services (User Fee) Study Report City of Adelanto, CA Matrix Consulting Group 29
Appendix – Comparative Survey
As part of the Cost of Services (User Fee) study for the City of Adelanto, the Matrix Consulting Group conducted a comparative survey of user fees. The City identified nine jurisdictions to be included in the comparative survey: Apple Valley, Barstow, Hesperia, Needles, Ontario, Redlands, Twentynine Palms, Victorville, and Yucca Valley While this report will provide the City with a reasonable estimate and understanding of the true costs of providing services, many jurisdictions also wish to consider the local “market rates” for services as a means for assessing what types of changes in fee levels their community can bear. However, a comparative survey does not provide adequate information regarding the relationship of a jurisdiction’s cost to its fees.

The following sections detail various factors to consider when reviewing comparative survey results, as well as graphical comparisons of current fees and total calculated costs for various permits issued or services provided by the City. 1 Economic Factors
To provide additional context to the comparative survey information, the project team collected economic factors for the jurisdictions included. Three important economic factors to consider when comparing fees across multiple jurisdictions are: population, budget, and workforce size. The following tables rank each jurisdiction from smallest to largest for each of these economic factors:

Table 8: Ranking of Jurisdictions by Population
Jurisdiction 2020 Census Population
Needles 4,959
Yucca Valley 21,738
Barstow 25,415
Twentynine Palms 28,065
Adelanto 38,046
Redlands 73,168
Apple Valley 75,791
Hesperia 99,818
Victorville 134,810
Ontario 175,265
624
Cost of Services (User Fee) Study Report City of Adelanto, CA Matrix Consulting Group 30
Table 9: Ranking of Jurisdictions by Budget
Jurisdiction FY22/23 Budget
Needles $9,925,438
Twentynine Palms $16,828,453
Yucca Valley $17,319,369
Adelanto 21,645,281
Apple Valley $103,158,459
Redlands $111,190,283
Hesperia $133,605,549
Barstow $144,117,447
Victorville $276,182,664
Ontario $661,615,132
Table 10: Ranking of Jurisdictions by Workforce Size
Jurisdiction FY22-23 FTE
Adelanto 36.00
Yucca Valley 44.00
Apple Valley 166.19
Barstow 184.00
Hesperia 192.85
Redlands 561.00
Victorville 662.73
Ontario 1,274.00
Needles3 N/A
Twentynine Palms4 N/A
Compared to surveyed jurisdictions, the City of Adelanto is roughly in middle in terms of population and budget and has the smallest full-time employee count. 2 Recency Factor
While the above comparative information can provide some perspective when paralleling Adelanto’s fees with surveyed jurisdictions, other key factors to consider are when a jurisdiction’s fee schedule was last updated and when the last comprehensive analysis was undertaken. The following tables detail when each surveyed jurisdiction last conducted a fee analysis and when they last updated their fee schedule. 3 The City of Needles does not publicly state the size of their workforce. 4 The City of Twentynine Palms does not publicly state the size of their workforce. 625
Cost of Services (User Fee) Study Report City of Adelanto, CA Matrix Consulting Group 31
Table 11: Last Fee Study Update
Jurisdiction Response
Yucca Valley 2004
Redlands 2019
Apple Valley 2022
Hesperia 2022
Barstow 2022
Ontario 2022
Twentynine Palms 2022
Needles 2022
Victorville 2022
Table 12: Last Fee Schedule Update
Jurisdiction Response
Yucca Valley 2004
Apple Valley 2005
Hesperia 2008
Barstow 2010
Ontario 2019
Twentynine Palms 2020
Redlands Currently Undergoing Fee Study5
Needles N/A
Victorville N/A
Most jurisdictions have updated their fee schedule within the last year. The exceptions are Yucca Valley which last updated their fee schedule in 2004, and Redlands which last updated their fee schedule in 2019. Twentynine Palms and Ontario have conducted fee studies within the last 10 years. While Redlands is currently undergoing a fee study, they have not conducted a fee study in over 10 years.

It is important to note that even though jurisdictions may have conducted fee studies, fees are not always adopted at full cost recovery. The comparative results only show the adopted fee for the surveyed jurisdictions not necessarily the full cost associated with the comparable service.
5 With the exception of the Redland’s Building department, which conducted a fee study in 2016, Redlands last conducted a fee study over 10 years ago.
626
Cost of Services (User Fee) Study Report City of Adelanto, CA Matrix Consulting Group 32
3 Additional Factors
Along with keeping the statistics outlined in the previous sections in mind, the following issues should also be noted regarding the use of market surveys in the setting of fees for service:
• Each jurisdiction and its fees are different, and many are not based on the actual cost of providing services.
• The same “fee” with the same name may include more or less steps or subactivities. In addition, jurisdictions provide varying levels of service and have varying levels of costs associated with providing services such as staffing levels, salary levels, indirect overhead costs, etc.

In addition to the issues noted, market surveys can also run the risk of creating a confusing excess of data that will obscure rather than clarify policy issues. Because each jurisdiction is different, the Matrix Consulting Group recommends that the information contained in the market comparison of fees be used as a secondary decision-making tool, rather than a tool for establishing an acceptable price point for services. 4 Comparative Survey Results
As part of this study, the project team conducted a survey of how the City’s current user fees by division and calculated full cost compare to other similarly sized and regionally located jurisdictions. The following subsections provide a comparative look at several fee-related services provided by the City.
1 New Single-Family Home - $400,000 valuation, 3,000SF
Currently, the Building & Safety Department charges $3,567 for the permit and plan check of a new 3,000 square foot single-family residential home valued at $400,000. The full cost of this service is $3,856. The graph below depicts Adelanto’s current and full cost of service compared to the surveyed jurisdictions.
627
Cost of Services (User Fee) Study Report City of Adelanto, CA Matrix Consulting Group 33
Adelanto’s current and calculated full cost both fall slightly above the average rate of $3,348 and are most similar to that of Apple Valley at $3,323. Additionally, Redlands combines both plan check and permit costs into a single fee. 2 New Multi-Family Housing - $41,000,000, 155,000SF
Currently, the Building & Safety Department charges $65,928 for a new multi-family residential construction permit and plan review for a project valued at $41,000,000 and with a square footage of 155,000. The current fee is somewhat lower than the full cost of $67,197. The graph below depicts Adelanto’s current and full cost of this service compared to the other surveyed jurisdictions.
$-
$1,000
$2,000
$3,000
$4,000
$5,000
$6,000
Adelanto -
Current
Adelanto -
Full Cost
Apple Valley Barstow Hesperia Ontario Redlands Twentynine Palms
Victorville Yucca Valley
New Single Family Home: $400,000 Valuation / 3,000 Sq Ft Permit Plan Check Average
628
Cost of Services (User Fee) Study Report City of Adelanto, CA Matrix Consulting Group 34
Both the current fee and full cost of this service fall far below the surveyed jurisdictional average of $108,253. It should be noted that this average is skewed by the two highest charging jurisdictions of Barstow and Ontario. Barstow ($257,692) and Ontario ($272,896) which both charge their fees based on valuation. If Barstow and Ontario are omitted the jurisdictional average becomes $55,906, which is below the City’s current fee ($65,928) and full cost calculated ($67,197).

Additionally, this graph excludes the City of Needles as they charge a flat rate of 1.62% of the total project valuation. This methodology leads to extremely high permitting costs that would result in a large skew in the comparative jurisdiction average. 3 New Office - $2,000,000, 15,000SF
Currently, the Building & Safety Department charges $17,722 for a new office construction permit and plan review valued at $2,000,000 and with a square footage of 15,000. The calculated full cost is $18,533. The graph below depicts Adelanto’s current and full cost of this service compared to the other surveyed jurisdictions. $-
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
Adelanto -
Current
Adelanto -
Full Cost
Apple Valley Barstow Hesperia Ontario Redlands Twentynine Palms
Victorville Yucca Valley
New Multi-Family Housing - $41,000,000 Valuation, 155,000 Sq Ft Permit Plan Check Average
629
Cost of Services (User Fee) Study Report City of Adelanto, CA Matrix Consulting Group 35
Adelanto’s current fee and full cost are above the jurisdictional average of $14,363. The only jurisdictions which charge more than the City’s current fee are Apple Valley and Yucca Valley, who both charge $22,509 for this service. 4 Commercial Tenant Improvement - $150,000, 1,000SF
Currently, the Building & Safety Department charges $4,183 for a commercial tenant improvement construction permit and plan review valued at $150,000 and with a square footage of 1,000. This current fee is very similar to the full cost of $4,192. The graph below depicts Adelanto’s current and full cost of this service compared to the other surveyed jurisdictions.
$-
$5,000
$10,000
$15,000
$20,000
$25,000
Adelanto -
Current
Adelanto -
Full Cost
Apple Valley Barstow Hesperia Ontario Redlands Twentynine Palms
Victorville Yucca Valley
New Office - $2,000,000 Valuation, 15,000 Sq Ft
Permit Plan Check Average
630
Cost of Services (User Fee) Study Report City of Adelanto, CA Matrix Consulting Group 36
Adelanto’s current fee significantly higher than the average of $2,832 and is the second highest of the compared jurisdictions. Adelanto’s fee is only surpassed by Redlands which charges $5,095. The current fee is most aligned with Needle’s, which charges $2,430.
5 Residential Kitchen Remodel - $15,000, 350SF
Currently, the Building & Safety Department charges $545 for a 350 square foot residential kitchen remodel valued at $15,000. The full cost calculated is $1,579. The graph below depicts Adelanto’s current and full cost of this service compare to the other surveyed jurisdictions.
$-
$1,000
$2,000
$3,000
$4,000
$5,000
$6,000
Adelanto -
Current
Adelanto -
Full Cost
Apple
Valley
Barstow Hesperia Needles Ontario Redlands Twentynine
Palms
Victorville Yucca
Valley
Commercial TI - $150,000 Valuation, 1,000 Sq Ft
Permit Plan Check Average
631
Cost of Services (User Fee) Study Report City of Adelanto, CA Matrix Consulting Group 37
Adelanto’s current fee is slightly above the jurisdictional average of $452, while its full cost is more than triple the average. The current fee is most aligned with Victorville, which charges $611.

Residential kitchen remodels are often subsidized by other jurisdictions in order to keep the price down for homeowners – which could potentially account for the reduced fees seen in other jurisdictions.
6 Water Heater
Currently, the Building Department charges a fee of $222 for a new water heater permit.

Through this study, the project team calculated the full cost of this service to be $271.

The graph below shows how Adelanto’s current fee and full cost compare to the surveyed jurisdictions.
$-
$200
$400
$600
$800
$1,000
$1,200
$1,400
$1,600
$1,800
Adelanto -
Current
Adelanto -
Full Cost
Apple
Valley
Barstow Hesperia Needles Ontario Redlands Twentynine
Palms
Victorville Yucca
Valley
Residential Kitchen Remodel
Fee Average
632
Cost of Services (User Fee) Study Report City of Adelanto, CA Matrix Consulting Group 38
Adelanto’s current fee and full cost are both well above the jurisdictional average of $120 and are most aligned with Twentynine Palm’s fee at $242. Typically, water heater permits are subsidized as an incentive for applicants to pull these types of permits – this could account for the lower fees seen.
7 Residential Re-Roof - $10,000, 2,000SF
Currently, the Building Department charges a fee of $487 for a 2,000 square foot residential re-roof project with a valuation of $10,000. Through this study, the project team calculated the full cost of this service to be $694. The graph below shows how Adelanto’s current fee and full cost compare to the surveyed jurisdictions. $-
$50
$100
$150
$200
$250
$300
Adelanto -
Current
Adelanto -
Full Cost
Apple
Valley
Barstow Hesperia Needles Ontario Redlands Twentynine
Palms
Victorville Yucca
Valley
Water Heater
Fee Average
633
Cost of Services (User Fee) Study Report City of Adelanto, CA Matrix Consulting Group 39
Adelanto’s current fee and full cost are both well above the jurisdictional average of $324 and are most aligned with Redland’s fee of $373. Both the current fee and full cost are the second highest rates among the compared jurisdictions, only surpassed by Victorville which charges $933. However, Victorville charges their fee per square foot, rather than as a flat fee. If Victorville were omitted the jurisdictional average would lower to $248. 8 Conditional Use Permit
Currently, the Planning Division charges a fee of $4,861 for a regular conditional use permit (CUP). Through the study, the project team calculated the full cost of the CUP application to be $7,093. The following graph shows how Adelanto’s current fee and full cost compares to the surveyed jurisdictions.
$-
$100
$200
$300
$400
$500
$600
$700
$800
$900
$1,000
Adelanto -
Current
Adelanto -
Full Cost
Apple
Valley
Barstow Hesperia Needles Ontario Redlands Twentynine
Palms
Victorville Yucca
Valley
Residential Re-Roof
Fee Average
634
Cost of Services (User Fee) Study Report City of Adelanto, CA Matrix Consulting Group 40
Adelanto’s current fee and full cost are above the jurisdictional average of $2,956. The only jurisdiction with a higher fee is Redlands. It is important to note that many jurisdictions may charge this fee as a deposit.
9 General Plan Amendment / Zone Change
Currently, the Planning Division charges a fee of $5,540 for a general plan amendment or zone change application. Through this study, the project team calculated the full cost of the application to be $8,084. The graph below shows how Adelanto’s current fee and full cost compares to the surveyed jurisdictions.
$-
$1,000
$2,000
$3,000
$4,000
$5,000
$6,000
$7,000
$8,000
Adelanto -
Current
Adelanto -
Full Cost
Apple
Valley
Barstow Hesperia Needles Ontario Redlands Twentynine
Palms
Victorville Yucca
Valley
Conditional Use Permit - Regular
Fee Average
635
Cost of Services (User Fee) Study Report City of Adelanto, CA Matrix Consulting Group 41
Adelanto’s current fee of $5,540 is slightly above the jurisdictional average of $5,216. The City’s current fee is closest to fees charged by Ontario and Redlands, at $5,000 and $5,903, respectively. The calculated full cost of this service is $8,084, which is the third highest fee behind Apple Valley ($14,730) and Twentynine Palms ($8,317). 10 Tentative Parcel Map
Currently, the Planning Division charges a fee of $3,503 for a tentative parcel map review.

Through this study, the project team calculated the full cost of the review to be $5,110.

The graph below shows how Adelanto’s current fee and full cost compares to the surveyed jurisdictions.
$-
$2,000
$4,000
$6,000
$8,000
$10,000
$12,000
$14,000
$16,000
Adelanto -
Current
Adelanto -
Full Cost
Apple
Valley
Barstow Hesperia Needles Ontario Redlands Twentynine
Palms
Victorville Yucca
Valley
General Plan Amendment / Zone Change
Fee Average
636
Cost of Services (User Fee) Study Report City of Adelanto, CA Matrix Consulting Group 42
Adelanto’s current fee of $3,503 is roughly aligned with the jurisdictional average of $2,925, while the full cost calculated at $5,110 is higher than the average. The current fee is most closely aligned with Yucca Valley’s at $2,350, while the full cost calculated is the third highest fee behind Ontario ($6,973) and Victorville ($5,926). 11 Tentative Tract Map - Base
Currently, the Planning Division charges a base fee of $4,861 for a tentative tract map review. Through this study, the project team calculated the full cost of the service to be $7,093. The graph below shows how Adelanto’s current fee and full cost compares to the surveyed jurisdictions.
$-
$1,000
$2,000
$3,000
$4,000
$5,000
$6,000
$7,000
$8,000
Adelanto -
Current
Adelanto -
Full Cost
Apple
Valley
Barstow Hesperia Needles Ontario Redlands Twentynine
Palms
Victorville Yucca
Valley
Tenative Parcel Map
Fee Average
637
Cost of Services (User Fee) Study Report City of Adelanto, CA Matrix Consulting Group 43
Adelanto’s current fee ($4,861) is slight above the jurisdictional average of $4,783 while its full cost is well above. The compared jurisdictions vary widely in the rates that they charge, with the highest fees being levied by Twentynine Palms and Ontario at $10,329 and $10,296 respectively, and the lowest by Victorville at $865. 12 Lot Merger or Lot Line, Certificate of Compliance, Lot Split Currently, the Planning Division charges a fee of $1,806 for an application to merge lots, adjust lot lines, receive a certificate of compliance, or split a lot. Through this study, the project team calculated the full cost of the application to be $2,631. The graph below shows how Adelanto’s current fee and full cost compares to the surveyed jurisdictions. $-
$2,000
$4,000
$6,000
$8,000
$10,000
$12,000
Adelanto -
Current
Adelanto -
Full Cost
Apple
Valley
Barstow Hesperia Needles Ontario Redlands Twentynine
Palms
Victorville Yucca
Valley
Tenative Tract Map - Base
Fee Average
638
Cost of Services (User Fee) Study Report City of Adelanto, CA Matrix Consulting Group 44
Adelanto’s current fee and full cost are both well above the jurisdictional average of $565 and are both the largest fees out of the compared jurisdictions by far. Lot merger or lot line adjustment permits are generally subsidized in other jurisdictions in order to ensure that residents have the ability to split their lots or otherwise handle their property without significant expense.
13 Drive Approach Inspection Encroachment Permit - Commercial / Industrial Currently, the Engineering Department charges a fee of $195 for a commercial or industrial drive approach inspection encroachment permit. Through this study, the project team calculated the full cost to be $170. The graph below shows how Adelanto’s current fee and full cost compared to the surveyed jurisdictions. $-
$500
$1,000
$1,500
$2,000
$2,500
$3,000
Adelanto -
Current
Adelanto - Full
Cost
Apple Valley Barstow Hesperia Needles Redlands Twentynine Palms
Victorville Yucca Valley
Lot Merger/Adjustment, CoC, or Split
Fee Average
639
Cost of Services (User Fee) Study Report City of Adelanto, CA Matrix Consulting Group 45
Adelanto’s current fee ($195) and calculated full cost ($170) are both slightly above the jurisdictional average of $146. All jurisdictions, expect Needles ($277) and Hesperia ($172), are lower than the City’s current fee and full cost calculated. 14 Street Improvement Inspection Encroachment Permit – 500 L.F.

Currently, the Engineering Department charges a fee of $211 for a 500 linear foot street improvement encroachment permit. Through this study, the project team calculated the full cost of building plan check and inspection to be $477. The graph below shows how Adelanto’s current fee and full cost compared to the surveyed jurisdictions. $-
$50
$100
$150
$200
$250
$300
Adelanto -
Current
Adelanto -
Full Cost
Apple
Valley
Barstow Hesperia Needles Ontario Redlands Twentynine
Palms
Victorville Yucca
Valley
Commercial/Industrial Driveway Encroachment Permit
Fee Average
640
Cost of Services (User Fee) Study Report City of Adelanto, CA Matrix Consulting Group 46
Adelanto’s current fee is slightly above the jurisdictional average of $186 while its full cost is far above the average and would be the highest fee of the surveyed jurisdictions.

The current fee is most similar to the Redlands fee, which is $201. 15 Water Improvement Inspection Encroachment Permit – 500 L.F.

Currently, the Engineering Department charges a fee of $247 for a 500 linear foot water improvement encroachment permit. Through this study, the project team calculated the full cost of building plan check and inspection to be $477. The graph below shows how Adelanto’s current fee and full cost compared to the surveyed jurisdictions. $-
$100
$200
$300
$400
$500
$600
Adelanto -
Current
Adelanto -
Full Cost
Apple
Valley
Barstow Hesperia Needles Ontario Redlands Twentynine
Palms
Victorville Yucca
Valley
Street Improvement Inspection Encroachment Permit - 500 l.f.

Fee Average
641
Cost of Services (User Fee) Study Report City of Adelanto, CA Matrix Consulting Group 47
Adelanto’s current fee and full cost are both above the jurisdictional average of $193. Its fee is significantly lower than the other jurisdictions and second lowest overall. Its fees are most aligned with Needles at $277.
16 Grading Inspection – 1,000CY
Currently, the Engineering Department charges a fee of $515 to inspecting the grading plans for a 1,000 cubic yard project. Through this study, the project team calculated the full cost of building plan check and inspection to be $694. The graph below shows how Adelanto’s current fee and full cost compared to the surveyed jurisdictions. $-
$100
$200
$300
$400
$500
$600
Adelanto -
Current
Adelanto -
Full Cost
Apple
Valley
Barstow Hesperia Needles Ontario Redlands Twentynine
Palms
Victorville Yucca
Valley
Water Improvement Inspection Encroachment Permit - 500 l.f.

Fee Average
642
Cost of Services (User Fee) Study Report City of Adelanto, CA Matrix Consulting Group 48
Adelanto’s current fee and full cost are both below the jurisdictional average of $759. Its fees are most aligned with Needles at $551.
17 Tract Map Plan Check: 4 Sheets, 10 Lots
Currently, the Engineering Department charges a fee of $1,716 for a 4 page plan check of a t10 lot tract map. Through this study, the project team calculated the full cost of tract plan checks to be $2,661. The graph below shows how Adelanto’s current fee and full cost compared to the surveyed jurisdictions.
$-
$500
$1,000
$1,500
$2,000
$2,500
Adelanto -
Current
Adelanto -
Full Cost
Apple
Valley
Barstow Hesperia Needles Ontario Redlands Twentynine
Palms
Victorville Yucca Valley
Grading Inspection - 1,000 c.y.

Fee Average
643
Cost of Services (User Fee) Study Report City of Adelanto, CA Matrix Consulting Group 49
Adelanto’s current fee is below the jurisdictional average of $2,560 while its full cost is slightly above it. The city that charges the most similar to the City’s current fee is Barstow at $1,595.
18 Easement/Vacation Review
Currently, the Engineering Department charges a fee of $586 for an easement or vacation review. Through this study, the project team calculated the full cost to be $1,321. The graph below shows how Adelanto’s current fee and full cost compared to the surveyed jurisdictions.
$-
$500
$1,000
$1,500
$2,000
$2,500
$3,000
$3,500
$4,000
$4,500
$5,000
Adelanto -
Current
Adelanto -
Full Cost
Apple
Valley
Barstow Hesperia Needles Ontario Redlands Twentynine
Palms
Victorville Yucca
Valley
Tract Map Plan Check: 4 Sheet, 10 Lots
Fee Average
644
Cost of Services (User Fee) Study Report City of Adelanto, CA Matrix Consulting Group 50
Adelanto’s current fee is well below the jurisdictional average of $1,112 while its full cost is in line with the average. Adelanto’s current fee ais most aligned with Hesperia which charges $450.
19 Hydrology Study Review
Currently, the Engineering Department charges a fee of $765 for a hydrology study review.

Through this study, the project team calculated the full cost of a hydrology study review to be $1,376. The graph below shows how Adelanto’s current fee and total cost compares to the surveyed jurisdictions.
$-
$500
$1,000
$1,500
$2,000
$2,500
$3,000
Adelanto -
Current
Adelanto -
Full Cost
Apple
Valley
Barstow Hesperia Needles Ontario Redlands Twentynine
Palms
Victorville Yucca
Valley
Easement/Vacation Review
Fee Average
645
Cost of Services (User Fee) Study Report City of Adelanto, CA Matrix Consulting Group 51
Adelanto’s current fee is nearly identical to the average cost of $733 while its full cost is the second highest out of the compared jurisdictions. Adelanto’s current fee ($765) is most aligned with Yucca Valley at $805 and the full cost calculated ($1,376) most closely aligns with Ontario at $1,371.
5 Summary
Based upon the comparative survey, the full cost calculated is generally higher than the current fee charged and is either in alignment or higher than the jurisdictional average. It is important to note that the results of this survey only show the fees adopted by council, not the cost recovery policy decisions for departments or a jurisdiction. As such, the results of this survey should be used as a secondary decision-making tool. $-
$200
$400
$600
$800
$1,000
$1,200
$1,400
$1,600
Adelanto -
Current
Adelanto -
Full Cost
Apple Valley Barstow Hesperia Ontario Redlands Twentynine Palms
Victorville Yucca Valley
Hydrology Study Review
Series1 Series2
646
RESOLUTION NO. 23-79

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA,

ADOPTING REPORT ON DEVELOPMENT SERVICES COST OF

SERVICES (USER FEE) STUDY AND MASTER FEE SCHEDULE
WHEREAS, THE City Council of the City of Adelanto has authority to establish fees for City services; and
WHEREAS, the City finds it necessary to recover the costs of providing certain City services and said fees do not exceed the reasonable costs of providing the services for which the fees are imposed; and
WHEREAS, the consolidation of all City fees will assist the public, as well as City staff, in readily locating fees and to continue the City’s desire for governmental transparency; and WHEREAS, the proposed Master Fee Schedule will supersede any previously adopted or established fees for specified City services; and
WHEREAS, the Master Fee Schedule is evaluated each year to ensure that services provided while consideration is taken into account in regards to cost recovery for services provided by the City; and
WHEREAS, the City of Adelanto conducted a public hearing on October xx, 2023 regarding the establishment of the Master Fee Schedule; and WHEREAS, the City Council desires to adopt the Master Fee Schedule

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES HEREBY RESLOVE AS FOLLOWS:

SECTION 1. The City Council of the City of Adelanto finds that the above recitals are true and correct and the “Master Fee Schedule” attached hereto as exhibit “A” and referred to herein, are hereby acknowledged to be true and accurate, and are incorporated herein by this reference.

SECTION 2. After receiving a report of the proposed changes in fees, charges, and costs, contained in the City of Adelanto Development Services Costs of Services (User Fee) Study, and having held a public hearing on the changes, the City Council hereby authorized the changes including any changes as directed by Council.

SECTION 3. In developing new or increased fees for the Master Fee Schedule, City staff has analyzed the cost to administer the various programs, activities, and applications for which the City has proposed a new or increased fee or service charge and that the increased fee or charge does not exceed the estimated cost of providing such service. 647
Resolution No. 23-79

Page 2 ends

Adelanto City CouncilOctober 25, 2023

Adelanto City Council
October 25, 2023