Agenda — Adelanto City Council, September 11, 2024 (part 1 of 2)

AGENDA

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
SEPTEMBER 11, 2024

City Council
Gabriel Reyes, Mayor
Daniel Ramos, Mayor Pro Tem
Joy Jeannette, Councilor
Angelo Meza, Councilor
Amanda Uptergrove, Councilor
City Manager
Jessie Flores
City Attorney
Todd Litfin
Meetings held:
2 nd & 4th Wednesday
Adelanto Governmental Center
City Council Chambers
11600 Air Expressway, Adelanto
Open Session: 11:00 a.m.

NOTE: PLEASE TURN CELL PHONES OFF OR PLACE THEM ON VIBRATE DURING THE CITY COUNCIL MEETING AS A COURTESY TO OTHERS. Thank you, Administrative Staff The City Council Agenda packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the City Council within 72 hours of a regular meeting, shall be made available for public inspection at the reception counter in City Hall at 11600 Air Expressway, Adelanto, CA 92301, during normal business hours. Members of the public can view the agenda or download any staff reports in advance by accessing the City website at www.ci.adelanto.ca.us on Thursday the week before the scheduled meeting.

The public may view the meeting or participate / comment remotely as follows:
• All of our meetings are streamed live at
https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting.
• Participate via zoom please log in using any of the options below:
• Teleconference
https://zoom.us/j/93146444676?pwd=YVU5anBFak1xSFZ4emNnNW9FNExiQT09 Or Telephone:
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Webinar ID: 931 4644 4676
Passcode: 7601
Submit written comments:

We encourage submittal of written comments supporting, opposing, or otherwise commenting on an agenda item, for distribution to the City Council prior to the meeting. Send emails to [email protected]; written correspondence may be sent to Brenda Lopez, 11600 Air Expressway Adelanto CA 92301.
1 REGULAR MEETING
SEPTEMBER 11, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us Rules of Decorum
“Members of the Public are advised that all PAGERS, CELLULAR TELEPHONES and any OTHER COMMUNICATION DEVICES are to be turned off upon entering the City Council Chambers.” If you need to have a discussion with someone in the audience, kindly step out into the lobby. Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.

Disruptive conduct may include, but is not limited to:
• Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Throwing objects at other individuals in the meeting room; • Physical or verbal altercations with other individuals in the meeting room; and • Going beyond the allotted three-minute public comment period granted.

When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior, and WARN the person or group that they will be asked to leave the meeting room if the behavior continues.

If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room, and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.) It should also be noted that any person who WILLFULLY disturbs or breaks up the City Council meeting may be arrested for a misdemeanor offense. (Penal Code, § 403.)

MEMBERS OF THE PUBLIC WISHING TO ADDRESS THE CITY COUNCIL MEMBERS

ARE REQUIRED TO FILL OUT A SPEAKER REQUEST FORM AND PLACE IT IN THE TRAY ON THE PODIUM PRIOR TO MEETING. Thank you, Administrative Staff The City Council packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the City Council Members within seventy-two (72) hours of a Regular Meeting and twenty-four (24) hours of a Special Meeting. Members of the public can view the agenda or download any staff reports in advance by accessing the City’s website at www.ci.adelanto.ca.us on the Thursday of the week before the scheduled meeting.

AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (760) 246-2300, ext. 11123, no later than seventy-two (72) hours prior to the meeting per 28 CFR 34.102.104.
2 REGULAR MEETING
SEPTEMBER 11, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us TIME: _____________
ROLL CALL: Councilor Jeannette ________
Councilor Meza ________
Councilor Uptergrove
Mayor Pro Tem Ramos ________
Mayor Reyes ________
INVOCATION:

FLAG SALUTE: ______________________
B. APPROVAL OF AGENDA
C. CITY MANAGERS ANNOUNCEMENTS AND REPORT
D. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
E. PRESENTATIONS
F. PUBLIC COMMUNICATIONS
This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *9 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.

Members of the audience may address the City Council on non-agenda items; however, in accordance with Government Code section 54954.2, the City Council may not act on an item not appearing on the agenda.

A. CALL TO ORDER—REGULAR MEETING
3 REGULAR MEETING
SEPTEMBER 11, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us G. CONSENT CALENDAR
Items on the Consent Calendar are considered routine in nature and non-controversial and require no further discussion by the City Council. They may be acted on in one motion unless a member of the City Council requests a separate discussion on an item.

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council.

2. Approval of meeting minutes – November 8, 2023 – Regular Meeting December 4, 2023 – Special Meeting
June 26, 2024 – Special Meeting
June 26, 2024 – Regular Meeting
July 1, 2024 – Special Meeting

3. Approval of Second Joinder and Amendment to Encroachment Permit Agreement Among the City of Adelanto and Baldy Mesa Solar, LLC, Silver Peak Energy, LLC, a Delaware Limited Liability Company.

4. Receive and file Business License Department Report.

M__________________S__________________ACTION__________________ H. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR
Items on the Consent Calendar are considered routine in nature and non-controversial, and require no further discussion by the City Council. They may be acted on in one motion unless a member of the City Council requests a separate discussion on an item.

PUBLIC COMMENT: OPEN: CLOSED:

2. Approval of Adelanto Road Water Main Construction Management/Inspection Services.

3. Consideration of Amendment No.5 to the Professional Consultant Services Agreement with Ideate California to extend the contract term of six months.

4. Adoption of City of Adelanto 2024 Water Model.

M__________________S__________________ACTION__________________ 4 REGULAR MEETING
SEPTEMBER 11, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us I. NEW BUSINESS
PUBLIC COMMENT: OPEN: CLOSED:

1. AWARD CONSTRUCTION CONTRACT FOR BELLFLOWER STREET REHABILITATION

PROJECT TO VANCE CORPORATION (RICHARD/KAVOUSE)
RECOMMENDATION: Staff recommends City Council approve an award of construction contract agreement with Vance Corporation, in the amount of $544,100.03, to provide construction of Bellflower Street Paving, authorizing project construction contingency in the amount at 5% for the construction, authorizing City Manager or designee to expend the contingency fund, if necessary to complete the project, and determine the project is categorically exempt from further environmental review in accordance with Section 15301 of the state guidelines implementing the California Environmental Quality Act.

M__________________S__________________ACTION_________________ PUBLIC COMMENT: OPEN: CLOSED:

2. DISCUSSION ITEM – ILLEGAL DUMPING FINES – (COMMUNITY SAFETY) RECOMMENDATION: City Council to provide feedback and direction regarding fines for illegal dumping.

J. ITEMS REMOVED FROM THE CONSENT CALENDAR
K. FUTURE AGENDA ITEMS
City Councilmembers may request to receive a report, schedule a study session, or to place an item on a future City Council agenda regarding matters within the jurisdiction of the City Council. Requests require a motion, a second, and a majority vote of the City Council. Individual requests should be voted on separately. The City Manager shall work with City staff to respond to inquiries and requests as soon as practicable in an appropriate manner. 5 REGULAR MEETING
SEPTEMBER 11, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us L. PUBLIC COMMUNICATIONS
This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *9 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.

M. ADJOURNMENT
The next Regular Meeting of the City Council will be held on September 25, 2024, at 11:00 a.m.

TIME OUT:

M__________________S__________________ACTION____________________

I, BRENDA LOPEZ, CITY CLERK OF THE CITY OF ADELANTO, OR MY DESIGNEE,

HEREBY CERTIFY THAT A TRUE, ACCURATE COPY OF THE FOREGOING AGENDA WAS POSTED ON SEPTEMBER 5, 2024 SEVENTY-TWO (72) HOURS PRIOR TO THE MEETING PER GOVERNMENT CODE 54954.2 IN THE GOVERNMENTAL CENTER’S DISPLAY CASE, 11600 AIR EXPRESSWAY, THE ADELANTO POST OFFICE, AND ADELANTO LIBRARY IN ADELANTO, CALIFORNIA.

Brenda Lopez, City Clerk
N. DECLARATION OF POSTING
6 REGULAR MEETING
SEPTEMBER 11, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

YOUR CITY GOVERNMENT
CHARTER CITY: Ratified by the electors of the City at an election on November 3, 1992. “A Charter City can do what the Charter permits it to do, so long as there is not direct violation of the State Constitution.”
CITY COUNCIL: The City Council is the legislative and policy-making body of the City. The City Council is composed of one elected Mayor and four Council Members, elected at large (to represent the entire City), to serve four (4) year, staggered terms.

CITY MANAGER: The City Manager is the chief executive officer responsible for the day-to-day administration of City affairs.

CITY COUNCIL MEETING: The regular meeting of your City Council is a vital part of the democratic process in the conduct of the City’s affairs. These meetings are open to the public and conducted by your elected representatives who are responsible, as a body, for the operation of Adelanto’s City government. The City Council appreciates your interest and urges citizen participation in government matters.

LEGISLATIVE TERMS
ORDINANCES: Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a City Council meeting as a “first reading.” At a subsequent City Council meeting, there will be a “second reading” and vote for or against adoption. Ordinances go into effect after a waiting period of thirty (30) days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose.

RESOLUTIONS: Resolutions and minute orders are the means by which the City Council formally adopts policies and/or approves specific actions. These go into effect upon adoption. 7 Adelanto City Hall ~ 11600 Air Expressway, Adelanto, CA 92301 ~ (760) 246-2300 ~ Fax (442) 249-1121

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
SEPTEMBER 11, 2024
All of our meetings are streamed live at https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting.

Participate via zoom please log in using any of the options below:

Teleconference https://us06web.zoom.us/j/93146444676?pwd=YVU5anBFak1xSFZ4emNnNW9FNExiQT09

TIME TELECONFERENCE
To Participate and and Call in for public
comments:

Please call 1-669-900-6833 along with
conference code 931 4644 4676
Open Session – 11:00 a.m. Passcode: 7601

Dated: September 5, 2024 Brenda Lopez, City Clerk, CMC
8 1

MINUTES OF THE

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

THE ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
November 8, 2023
A. CALL TO ORDER – CLOSED SESSION
The Adelanto City Council held the Regular Meeting on Wednesday November 8, 2023, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the regular session meeting at 6:00 p.m.

Council Members present: Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes.

Absent: Council Member Jeannette
MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to approve Council Member Jeannettes absence.

Motion carried 4-1 (Meza, Uptergrove, Mayor Pro Tem Ramos, and Mayor Reyes voting yes, Jeannette noted as absent).

B. DELETIONS / ADDITIONS TO AGENDA
None.

C. APPROVAL OF AGENDA
MOTION: Moved by Council Member Meza, seconded by Council Member Jeannette to approve the agenda as presented.

Motion carried 4-1 (Meza, Uptergrove, Mayor Reyes and Mayor Pro Tem voting yes, Jeannette noted as absent).

D. ANNOUNCEMENTS OF CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL − EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE §54956.9(d)(1). (One case)
“BEAL V CITY OF ADELANTO (Claim #:2008670)
9 City Council Minutes
Regular Meeting
November 8, 2023
2 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO § 54956.9(b): (2 cases) City Attorney Todd announced closed session items.

E. PUBLIC COMMUNICATION ON CLOSED SESSION ITEMS
Mayor Pro Tem Ramos opened public comment at 6:01 p.m.

Mayor Pro Tem Ramos closed public comment at 6:01 p.m.

F. CONVENE INTO CLOSED SESSION
MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to convene into closed session.

Motion carried 4-1 (Meza, Uptergrove, Mayor Pro Tem Ramos, and Mayor Reyes voting yes, Jeannette noted as absent).

G. CALL TO ORDER - REGULAR MEETING
Mayor Reyes called to order the regular meeting at 7:02 p.m.

Council Members present: Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes.

Absent: Council Member Jeannette
Invocation: Council Member Meza
Flag Salute: Mayor Reyes
H. CLOSED SESSION REPORT
City Attorney Todd stated there was no reportable action taken.

I. CITY MANAGERS ANNOUNCEMENTS AND REPORT
City Manager Flores gave various project updates happening throughout the city. He spoke about the repaving of Bartlett Rd. He shared that the Koala repaving project has been completed. He wanted to acknowledge Mayor Reyes for completing a grant funding opportunity in a 4 day period. He shared information regarding the grant opportunity. He acknowledges staff and council for all of their time on the grant opportunity. He announced the Christmas Parade will take place at a different location and additional information will be provided. 10 City Council Minutes
Regular Meeting
November 8, 2023
3 J. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Uptergrove announced a hiring event that is taking place in Hesperia. She acknowledged Curbside for giving out 33,000 pounds of food to organizations within the high desert to pass out to the community. She announced events for Veteran’s Day. She shared that New Leaf Ministries will be doing their free clothing drive on Saturday.

Council Member Meza announced that the Warriors Football team is in the Superbowl. He asked the residents to help the council keep their promises by helping the council pass the tax.

Mayor Pro Tem Ramos spoke about the SBCTA and SCAG meetings he attended. He spoke about attending the Military Ball and that City Manager Flores was honored. He spoke about going to Washington D.C. for the Energy Summit. He asked residents to reach out if there are questions about the vacant land tax.

Mayor Reyes spoke about attending the leadership ball and the Victor Valley Economic Developer meeting.

K. PRESENTATIONS
None.

L. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 7:46 p.m.

Veronica: Thanked the Mayor for acknowledging them.

Rhonda: shared that she has been appointed the Principal at Excelsior School.

Mayor Reyes closed public comment at 7:53 p.m.

M. CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to approve the consent calendar as presented.

1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading 11 City Council Minutes
Regular Meeting
November 8, 2023
4 (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council.

2. Receive and file Commercial and Residential Recycling Monthly Report.

3. Receive and file Commercial and Residential 3rd Quarter Report..

4. 2nd Reading of Ordinance 645 entitled:

ORDINANCE NO. 645

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, APPROVING AN AMENDMENT TO THE ADELANTO NORTH 2035 COMPREHENSIVE
SUSTAINABLE PLAN FIGURE LC-2 GENERAL PLAN LAND USE AND

ZONING MAP IN SEVEN AREAS (AREAS A-G) AND THE AMENDED

OVERLAY DISPENSARY ZONE WITHIN THE CITY OF ADELANTO,

CALIFORNIA AND MAKING FINDINGS IN SUPPORT THEREOF
Motion carried 4-1 (Meza, Uptergrove, Mayor Pro Tem Ramos, and Mayor Reyes voting yes, Jeannette noted as absent).

N. NEW BUSINESS

1. ADOPT RESOLUTION 23-82 APPROVING THE SECOND AMENDMENT TO THE

SOLID WASTE FRANCHISE AGREEMENT WITH AVCO TO IMPLEMENT

ORGANIC WASTE RECYCLING AND RELATED REQUIREMENTS IMPOSED BY STATE LAW (SB 1383). (TODD/PATRICK)
RECOMMENDATION: It is recommended that the City Council adopt Resolution 23-82 approving the Second Amendment to the Franchise for Solid Waste Handling Services with AVCO Disposal, Inc, in order to implement Organic Waste Recycling and related program requirements mandated by SB 1383.

RESOLUTION NO. 23-82

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, APPROVING

THE SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF ADELANTO AND AVCO DISPOSAL, INC. FOR SOLID WASTE HANDLING SERVICES.

Attorney Pat Munoz from the City Attorney's office presented the staff report. 12 City Council Minutes
Regular Meeting
November 8, 2023
5 Mayor Pro Tem Ramos opened public comment at 7:56 p.m.

Mayor Pro Tem Ramos closed public comment at 7:56 p.m.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to adopt Resolution 23- 82 approving the Second Amendment to the Franchise for Solid Waste Handling Services with AVCO Disposal, Inc, in order to implement Organic Waste Recycling and related program requirements mandated by SB 1383.

Motion carried 4-1 (Meza, Uptergrove, Mayor Pro Tem Ramos, and Mayor Reyes voting yes, Jeannette noted as absent).

2. AUTHORIZATION FOR CITY MANAGER TO ENTER INTO MEMORANDUM OF

UNDERSTANDING WITH SAN BERNARDINO COUNTY DEPARTMENT OF

PUBLIC HEALTH REGARDING EDIBLE FOOD RECOVERY PROGRAM

ACTIVITIES (TODD/PATRICK)
RECOMMENDATION: Staff recommends that the City Council authorize the City Manager to execute a Memorandum of Understanding (MOU) agreement with the San Bernardino County Department of Public Health Division of Environmental Health Services (EHS) for edible food recovery activities terminating on December 31, 2025.

RESOLUTION NO. 23-83

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, STATE OF CALIFORNIA, AUTHORIZING CITY’S ENTERING INTO MEMORANDUM OF UNDERSTANDING WITH COUNTY OF SAN BERNARDINO FOR SB 1383

EDIBLE FOOD RECOVERY ACTIVITIES
City Attorney Todd presented the staff report.

Mayor Reyes opened public comment at 8:01 p.m.

Mayor Reyes closed public comment at 8:01 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to authorize the City Manager to execute a Memorandum of Understanding (MOU) agreement with the San Bernardino County Department of Public Health Division of Environmental Health Services (EHS) for edible food recovery activities terminating on December 31, 2025.

Motion carried 4-1 (Meza, Uptergrove, Mayor Pro Tem Ramos, and Mayor Reyes voting yes, Jeannette noted as absent).

3. CONSIDERATION OF A RESOLUTION PROPOSING AND SUBMITTING TO THE VOTERS AT THE PRESIDENTIAL PRIMARY ELECTION ON MARCH 5, 2024, A

PROPOSAL TO ADOPT AN INITIATIVE ORDINANCE ESTABLISHING A SPECIAL

TAX ON VACANT PROPERTIES TO FUND SOLUTIONS FOR PARKS AND 13 City Council Minutes
Regular Meeting
November 8, 2023
6 RECREATION, ILLEGAL DUMPING REMEDIATION, PUBLIC SAFETY, CAPITAL

IMPROVEMENT PROJECTS, AND SPECIFIED PROGRAMS, REQUESTING THAT

THE BALLOT QUESTION AND MEASURE BE CONSOLIDATED WITH THE

COUNTY ELECTION CONTESTS, SETTING DEADLINES FOR THE FILING OF

WRITTEN ARGUMENTS AND REBUTTALS REGARDING THE MEASURE, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.– (TODD/FINANCE)
RECOMMENDATION: It is recommended that the City Council conduct a public hearing, receive public input, consider and adopt:

1. Resolution No. 23-81 which:
a.Submits to the City’s voters at the March 5, 2024, Presidential Primary Consolidated Election an ordinance establishing a special tax on vacant properties to fund solutions for parks and recreation, illegal dumping remediation, public safety, capital improvement projects, and specified programs;
b.Requests that the ballot question and measure be consolidated with the County election on March 5, 2024;
c.Sets the deadlines for the filing of written arguments and rebuttals regarding the Measure; and
d.Directs the City Attorney to prepare an impartial analysis.

2. If Resolution No. 23-81 is adopted, then staff recommends that the City Attorney read aloud the title of the Adelanto Vacant Property Tax Ordinance at the City Council meeting, and the City Council make a motion to waive further reading of the Ordinance. The title is:

ORDINANCE NO. 647

AN ORDINANCE OF THE PEOPLE OF THE CITY OF ADELANTO AS
APPROVED BY THE CITY’S QUALIFIED ELECTORS AT THE ELECTION HELD ON MARCH 5, 2024, TO ESTABLISH A SPECIAL PARCEL TAX ON

VACANT PROPERTIES
City Attorney Todd presented the staff report.

Discussion ensued.

Mayor Reyes opened public comment at 8:18 p.m.

Chris Waggener: had questions about if the tax is going to kill the one acre property owner. He asked if there was an exception for 501C organizations. 14 City Council Minutes
Regular Meeting
November 8, 2023
7 Mayor Reyes closed public comment at 8:23 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to adopt Ordinance No. 647 with the adopted language the City Attorney read.

Motion carried 4-1 (Meza, Uptergrove, Mayor Pro Tem Ramos, and Mayor Reyes voting yes, Jeannette noted as absent).

O. ITEMS REMOVED FROM THE CONSENT CALENDAR
None.

P. FUTURE AGENDA ITEMS
Mayor Reyes would like to attend the City/County Conference.

MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to find funding for the city / county conference.

Motion carried 4-1 (Meza, Uptergrove, Mayor Pro Tem Ramos, and Mayor Reyes voting yes, Jeannette noted as absent).

He would like the council to attend the League of California Council Academy.

MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to look into council to attend the League of California Council Academy.

Motion carried 4-1 (Meza, Uptergrove, Mayor Pro Tem Ramos, and Mayor Reyes voting yes, Jeannette noted as absent).

He would like to install WI-FI in the parks for the community.

MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to look into WI-FI at the parks for the community.

Motion carried 4-1 (Meza, Uptergrove, Mayor Pro Tem Ramos, and Mayor Reyes voting yes, Jeannette noted as absent).

He shared that the Town of Apple Valley has an overlay zone where all economic development in a certain area gets approved by staff and he would like to have the city look at doing the same thing for the mixed use and industrial park areas.

MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to have staff look into an overlay zone where all economic development in a certain area gets approved by staff. 15 City Council Minutes
Regular Meeting
November 8, 2023
8 Motion carried 4-1 (Meza, Uptergrove, Mayor Pro Tem Ramos, and Mayor Reyes voting yes, Jeannette noted as absent).

He asked to revamp the city seal and do a whole rebranding campaign.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to look into rebranding the city seal.

Motion carried 4-1 (Meza, Uptergrove, Mayor Pro Tem Ramos, and Mayor Reyes voting yes, Jeannette noted as absent).

He asked for a presentation for Pastor Appreciation day.

MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to look at a presentation for Pastor Appreciation Day.

Motion carried 4-1 (Meza, Uptergrove, Mayor Pro Tem Ramos, and Mayor Reyes voting yes, Jeannette noted as absent).

He requested an update on walking paths.

MOTION: Moved by Mayor Reyes, seconded by Council Member Meza requested an update on walking paths throughout the city.

Motion carried 4-1 (Meza, Uptergrove, Mayor Pro Tem Ramos, and Mayor Reyes voting yes, Jeannette noted as absent).

He also asked to look into the pilot program for solar.

MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to have staff create an RFP to have solar companies do a pilot program for solar.

Motion carried 4-1 (Meza, Uptergrove, Mayor Pro Tem Ramos, and Mayor Reyes voting yes, Jeannette noted as absent).

Q. PUBLIC COMMUNICATIONS
None.
16 City Council Minutes
Regular Meeting
November 8, 2023
9 R. ADJOURNMENT
The next Regular Meeting of the City Council will be held on December 13, 2024 at 7:00 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to adjourn the meeting at 8:33 p.m.

Motion carried 4-1 (Meza, Uptergrove, Mayor Pro Tem Ramos, and Mayor Reyes voting yes, Jeannette noted as absent).
_________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
17 1

MINUTES OF THE

SPECIAL MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

THE ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
December 4, 2023
A. CALL TO ORDER – SPECIAL MEETING
The Adelanto City Council held the Special Meeting on Monday, December 4, 2023, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the special meeting at 11:02 a.m..

Council Members present: Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos, and Mayor Reyes.

Invocation: Council Member Jeannette
Flag Salute: Council Member Meza
B. CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Council Member Jeannette, seconded by Council Member Meza to approve the consent calendar.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

C. NEW BUSINESS - SUCCESSOR AGENCY

1. FINDINGS THAT A CERTAIN COOPERATIVE AGREEMENT WAS FOR

LEGITIMATE REDEVELOPMENT PURPOSES AND APPROVAL OF REPAYMENT OF THE COOPERATIVE AGREEMENT. (TODD/JESSIE)
RECOMMENDATION: Adopt a Resolution finding that the Cooperative Agreement was for a legitimate redevelopment purpose and approving repayment for the Cooperative Agreement principal amount.
18 City Council Minutes
Special Meeting
December 4, 2023
2 SUCCESSOR AGENCY RESOLUTION NO. 23-05

RESOLUTION OF THE ADELANTO SUCCESSOR AGENCY MAKING A FINDING THAT

A CERTAIN COOPERATIVE AGREEMENT WAS FOR A LEGITIMATE

REDEVELOPMENT PURPOSE AND APPROVING REPAYMENT OF THE COOPERATIVE

AGREEMENT FROM TAX INCREMENT REVENUES GENERATED WITHIN THE CITY OF ADELANTO REDEVELOPMENT PROJECT AREA TO THE CITY OF VICTORVILLE.

City Attorney Todd presented the staff report.

Mayor Reyes opened public comment at 11:14 a.m.

Magda: She shared it sounds like they have been paying for something that hasn’t been done.

Mayor Reyes closed public comment at 11:16 a.m.

Further discussion ensued.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to Adopt Resolution 23- 05 finding that the Cooperative Agreement was for a legitimate redevelopment purpose and approving repayment for the Cooperative Agreement principal amount.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

D. NEW BUSINESS

1. FIRSTREADING OF ORDINANCE AMENDING ADELANTO MUNICIPALCODECHAPTER

5.16 “CARD CLUBS” (JESSIE/ DR. KEINAN )
RECOMMENDATION: Staff recommends that City Council consider and approve the first reading of an Ordinance amending Chapter 5.16 of the Adelanto Municipal Code pertaining to Card Clubs.

ORDINANCE NO. (NEXT IN LINE)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, AMENDING CHAPTER 5.16 “CARD CLUBS” OF THE ADELANTO

MUNICIPAL CODE
City Manager Flores presented the staff report.

Mayor Reyes opened public comment at 11:24 a.m.
19 City Council Minutes
Special Meeting
December 4, 2023
3 Magda: She asked if those clubs are going to be providing security at the site or will it cost the city more money because they would need the Sheriff’s Department in the area. She stated it is a great thing for more jobs but gambling is a problem.

Mayor Reyes closed public comment at 11:26 a.m.

Further discussion ensued.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to consider and approve the first reading of an Ordinance amending Chapter 5.16 of the Adelanto Municipal Code pertaining to Card Clubs.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Council Member Jeannette wanted to wish everyone a Merry Christmas and a blessed New year.

She hopes everyone enjoys the parade.

Council Member Uptergrove shared this is her first year she is eligible to participate in the parade but will not be present as she is visiting her son in Florida.

Council Member Meza asked everyone to come out to the parade and that the location has changed to the stadium.

Mayor Reyes asked to increase security at the park on Daisy Road.

F. ADJOURNMENT
The next Regular Meeting of the City Council will be held on December 13, 2023 at 7:00 p.m.

MOTION: Moved by Mayor Reyes seconded by Council Member Meza to adjourn the meeting at 11:34 a.m.

MINUTES OF THE

SPECIAL MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

THE ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
June 26, 2024
A. CALL TO ORDER – SPECIAL MEETING
The Adelanto City Council held the Special Meeting on Wednesday, June 26, 2024, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the special meeting at 6:01 p.m.

Council Members present: Jeannette, Meza, Uptergrove, Ramos, and Reyes.

Invocation: Council Member Uptergrove
Flag Salute: Council Member Meza
B. APPROVAL OF AGENDA
MOTION: Moved by Mayor Reyes seconded by Council Member Meza to approve the agenda as presented with item #E2 from the consent calendar removed per City Manager Flores.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

C. PRESENTATIONS

1. Presentation by Dr. Gil Keinan, Budget Update. Julio Morales also provided information.

D. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 6:56 p.m.

Mayor Reyes closed public comment at 6:56 p.m.

E. CONSENT CALENDAR
21 City Council Minutes
Special Meeting
June 26, 2024
2 MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Council Member Meza, seconded by Mayor Pro Tem Ramos to approve the consent calendar as presented with item #2 removed.

2. Receive and file the City’s single audit report for the fiscal year ended June 30, 2021.

3. Receive and file the City’s annual Measure I and Transportation Development Act Local Transportation Fund Article 8 (“TDA-Article 8”) audit reports and financial statements for the fiscal year ended June 30, 2021.

4. Adopt Resolution 24-45 approving the Appropriations Limit (Gann Limit) for fiscal year 2024-2025.

RESOLUTION NO. 24-45

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY

OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 24-25

5. Consideration of Resolution 24-59 Approving Adoption of Continuing Resolution in Lieu of Timely FY 2024-2025 Budget Adoption and Authorization of 60 Days Extension to prepare and present the Fiscal Year 2024-2025 Budget
RESOLUTION 24-59

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO

CONTINUING EXPENDITURES AND REVENUES IN ACCORDANCE WITH THE FISCAL YEAR 2023-2024 CITY BUDGET IN LIEU OF FISCAL YEAR 2024-2025

BUDGET ADOPTION

6. Approval of Resolution 24-61Amending the Budget and Appropriating Funds for the Municipal Budget Fiscal Year 2023-2024
RESOLUTION NO. 24-61

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,

COUNTY OF SAN BERNARDINO, CALIFORNIA, AMENDING THE

BUDGET AND APPROPRIATING FUNDS FOR THE MUNICIPAL BUDGET FOR FISCAL YEAR 2023-2024
22 City Council Minutes
Special Meeting
June 26, 2024
2 Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

F. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Council Member Meza, seconded by Mayor Pro Tem Ramos to approve the consent calendar as presented.

2. Consideration of Resolution 24-01 approving adoption of continuing resolution in lieu of timely APUA FY 2024-2025 budget for adoption and authorization of 60 days extension to prepare and present the Fiscal Year 2024-2025 budget.

APUA RESOLUTION NO. 24-01
CONSIDERATION OF RESOLUTION 24-01 APPROVING ADOPTION OF CONTINUING RESOLUTION IN LIEU OF TIMELY APUA FY 2024-2025 BUDGET FOR ADOPTION AND AUTHORIZATION OF 60 DAYS
EXTENSION TO PREPARE AND PRESENT THE FISCAL YEAR 2024-2025 BUDGET
Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

G. NEW BUSINESS

1. RESOLUTION 24-60 APPROVING THE INVESTMENT POLICY FOR FISCAL YEAR 2024-2025 AND DELEGATING INVESTMENT AUTHORITY TO CITY
TREASURER.

RECOMMENDATION: It is recommended that the City Council adopt Resolution 24- 60 approving the Investment Policy for Fiscal Year 2024-2025 and designate the City Treasurer as its Investment Officer.
23 City Council Minutes
Special Meeting
June 26, 2024
3 RESOLUTION NO. 24-60

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COUNTY OF SAN BERNARDINO, CALIFORNIA, APPROVING
THE FISCAL YEAR 2024-2025 INVESTMENT POLICY AND

DELEGATING INVESTMENT AUTHORITY TO CITY

TREASURER
Dr. Keinan presented the staff report.

Mayor Reyes opened public comment at 6:59 p.m.

Mayor Reyes closed public comment at 6:59 p.m.

MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Meza to adopt Resolution 24-60 approving the Investment Policy for Fiscal Year 2024-2025 and designate the City Treasurer as its Investment Officer.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

H. ITEMS REMOVED FROM THE CONSENT CALENDAR
Item #E2 removed from agenda for discussion with auditors on a disagreement city staff has.

Will be placed on a future agenda.

I. ADJOURNMENT
The next Regular Meeting of the City Council will be held on June 26, 2024 at 7:00 p.m.

MOTION: Moved by Mayor Reyes seconded by Mayor Pro Tem Ramos to adjourn the meeting at 6:59 p.m.

MINUTES OF THE

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

THE ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
June 26, 2024
A. CALL TO ORDER – REGULAR MEETING
The Adelanto City Council held the Regular Meeting on Wednesday June 26,, 2024, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the regular session meeting at 7:08 p.m.

Council Members present: Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos, and Mayor Reyes.

MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to approve Mayor Pro Tem Ramos absence.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Invocation: Council Member Jeannette
Flag Salute: Mayor Reyes
B. APPROVAL OF AGENDA
MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to approve the agenda as presented.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

C. CITY MANAGERS ANNOUNCEMENTS AND REPORT
City Manager Flores spoke about the city recently being awarded two grants for safety action. He thanked SABA the city Engineer for the grant efforts. He shared that Juan Carrillo gave funds for the Council Chambers remodel. The other $500 is for resign work at the park. He spoke about the Bread Love Cafe at Cactus and 395.
25 City Council Minutes
Regular Meeting
June 26, 2024
2 D. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Meza spoke about the school pool opening. He announced that the Warriors Football is about to start up. He spoke about their fireworks booth 395 and Seneca.

Council Member Uptergrove spoke about the American Legion Food Drive on Friday, from 12-2 pm. She spoke about the Mojave Narrows Wild West Event. She also spoke about the Utility Assistance Program.

Council Member Jeannette spoke about the Kicks Kafe Senior Club. She spoke about the American Legion having a stand on Air Expressway.

Mayor Pro Tem Ramos spoke about the SBCTA meeting he attended. He spoke about the food vendors. He thanked Caltrans and stated they would be working on 395 and Palmdale.

Mayor Reyes spoke about the ribbon cutting for the pool. He spoke about the Movie in the Park at the pool.

E. PRESENTATIONS

1. Presentation from Desert Communities Soccer Club.

2. Presentation by Rolling Start.

F. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 7:41 p.m.

Jasmine Cisneros: spoke about the Lil’ Sprouts Garden Academy. She spoke about the building's garden.

Maribel: Gave paperwork and asked the City Council to allow her to operate.

Mr. Denny: Thanked the council for all they do in showing positivity to the community.

Mayor Reyes closed public comment at 7:46 p.m.

G. CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Council Member Jeannette, seconded by Mayor Pro Tem Ramos to approve the consent calendar as presented.
26 City Council Minutes
Regular Meeting
June 26, 2024
3 1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council.

2. Receive and file Commercial and Residential Recycling Department Report.

3. Approval of amendment number two (2) to the As-Needed Building and Safety Services contract to Infrastructure Engineers (IE) in the additional not to exceed amount of $500,000.

4. Approval of recommendation for Tract 17600 City of Adelanto Landscape Maintenance Assessment District No. 1 and Streetlight Maintenance Assessment District No. 1.

5. Approval of Resolution No.’s 24-47, 24-48, 24-49 and 24-50 to formally annex Tract 20058 into the existing Landscape Maintenance Assessment District No. 1 and Streetlight Maintenance Assessment District No. 1 (the “Districts”), thereby ordering the levy and collection of assessments to be collected on the County tax rolls for Fiscal Year 2024/2025.

RESOLUTION NO. 24-47

INITIATING PROCEEDINGS FOR THE ANNEXATION
OF TERRITORY (TRACT 20058) TO ADELANTO

LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
NO. 1 AND THE LEVY AND COLLECTION OF ANNUAL

ASSESSMENTS RELATED THERETO COMMENCING
WITH FISCAL YEAR 2024/2025, PURSUANT TO THE
PROVISIONS OF PART 2 OF DIVISION 15 OF THE

CALIFORNIA STREETS AND HIGHWAYS CODE
AND
RESOLUTION NO. 24-48
DECLARING THE CITY’S INTENTION TO ANNEX

TERRITORY TO THE ADELANTO LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT NO. 1, AND TO LEVY AND COLLECT

ANNUAL ASSESSMENTS RELATED THERETO COMMENCING
FISCAL YEAR 2024/2025, PURSUANT TO THE PROVISIONS OF
PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND
HIGHWAYS CODE; AND CALLING FOR A PROPERTY OWNER

PROTEST BALLOT PROCEEDING, TO SUBMIT TO THE QUALIFIED

PROPERTY OWNERS THE QUESTION OF LEVYING SUCH

ASSESSMENTS FOR SAID ANNEXATION TERRITORY PURSUANT

TO THE PROVISIONS OF THE CALIFORNIA CONSTITUTION,

ARTICLE XIIID
27 City Council Minutes
Regular Meeting
June 26, 2024
4 AND
RESOLUTION NO. 24-49

INITIATING PROCEEDINGS FOR THE ANNEXATION OF
TERRITORY (TRACT 20058) TO ADELANTO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1 AND THE LEVY AND COLLECTION OF

ANNUAL ASSESSMENTS RELATED THERETO COMMENCING WITH
FISCAL YEAR 2024/2025, PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND
RESOLUTION NO. 24-50
DECLARING THE CITY’S INTENTION TO ANNEX TERRITORY KNOWN AS TRACT 20058 TO THE ADELANTO STREETLIGHT MAINTENANCE
ASSESSMENT DISTRICT NO. 1 AS ANNEXATION 2024-032, CALLING FOR

A PROPERTY OWNER PROTEST BALLOT PROCEEDING ON THE MATTER

OF A NEW ASSESSMENT, PURSUANT TO THE PROVISIONS OF THE

CALIFORNIA CONSTITUTION, ARTICLE XIIID, TO LEVY AND COLLECT

ANNUAL ASSESSMENTS RELATED THERETO COMMENCING FISCAL
YEAR 2024/2025, PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE; AND TO PRELIMINARILY APPROVE THE ANNEXATION ENGINEER’S
REPORT

6. Adoption of Resolution No 24-51 Adopting List of Projects and SB1 2024/2025 Road Maintenance Program.

RESOLUTION NO. 24-51

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA,
ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25
FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY
ACT OF 2017

7. Approval of Resolutions 24-52, 24-53, and 24-54 related to the levy and collections of assessments for the Adelanto Streetlight Maintenance Assessment District No. 1 for the fiscal year 2024-2025.
28 City Council Minutes
Regular Meeting
June 26, 2024
5 RESOLUTION NO. 24-52

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA, FOR
THE PRELIMINARY APPROVAL OF THE ENGINEER’S ANNUAL

LEVY REPORT REGARDING THE ADELANTO STREETLIGHT
MAINTENANCE ASSESSMENT DISTRICT NO. 01; AND THE LEVY

AND COLLECTION OF ANNUAL ASSESSMENTS RELATED
THERETO FOR FISCAL YEAR 2024-2025
AND
RESOLUTION NO. 24-53

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA,

INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF

ASSESSMENTS FOR THE ADELANTO STREETLIGHT
MAINTENANCE ASSESSMENT DISTRICT NO. 01, FOR FISCAL
YEAR 2024-2025, AND ORDERING THE PREPARATION OF AN
ENGINEER’S REPORT IN CONNECTION THEREWITH
AND
RESOLUTION NO. 24-54

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA,

DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL

ASSESSMENTS RELATED TO THE ADELANTO STREETLIGHT
MAINTENANCE ASSESSMENT DISTRICT NO. 01, FOR FISCAL
YEAR 2024-2025

8. Approve Resolutions 24-55, 24-56 and 24-57 Related to the Levy and Collections of Assessments for the Adelanto Landscape Maintenance Assessment District No. 1 for the Fiscal Year 2024/2025.

RESOLUTION NO. 24-55

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA, FOR
THE PRELIMINARY APPROVAL OF THE ENGINEER’S ANNUAL

REPORT REGARDING THE ADELANTO LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT NO. 01; AND THE LEVY

AND COLLECTION OF ANNUAL ASSESSMENTS RELATED
THERETO FOR FISCAL YEAR 2024-2025
29 City Council Minutes
Regular Meeting
June 26, 2024
6 AND
RESOLUTION NO. 24-56

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA,

DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL

ASSESSMENTS RELATED TO THE ADELANTO LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT NO. 01, FOR FISCAL
YEAR 2024-2025
AND
RESOLUTION NO. 24-57

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA,

INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF

ASSESSMENTS FOR THE ADELANTO LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT NO. 01, FOR FISCAL
YEAR 2024-2025, AND ORDERING THE PREPARATION OF AN
ENGINEER’S REPORT IN CONNECTION THEREWITH

9. Approval of Warrant Demand Schedule 23/24-11-02:
a. City of Adelanto Check Warrant No.150495 through 150586 in the total amount of $ 4,472,702.24
b. City of Adelanto EFT No. 2180 through 2245 in the total amount of $384,722.47 Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

H. ADELANTO PUBLIC UTILITY CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to approve the consent calendar as presented.

2. Approval of Water Department Report.
30 City Council Minutes
Regular Meeting
June 26, 2024
7 3. Approval of Sewer Department report.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

I. PUBLIC HEARING

1. ADOPTION OF 2021-2029 HOUSING ELEMENT AND RELATED ACTIONS: General Plan Amendment No. GPA 24-01 and Ordinance No. 652 to amend the Adelanto Municipal Code, including Zone Change No. ZC 24-01 to rezone two properties in the City of Adelanto, in order to adopt and implement the Adelanto General Plan 2021-2029 Housing Element.. (Louis/Jim/Jason)
RECOMMENDATION: Adopt the attached Resolution recommending that the City Council adopt the Mitigated Negative Declaration (MND), SCH No. 2023110567 and approve General Plan Amendment No. GPA 24-01 and Ordinance No. 652 amending the Adelanto Municipal Code and approving Zone Change No. ZC 24-01, based on the findings.

ORDINANCENO.652

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OFADELANTO,

COUNTY OF SAN BERNARDINO, STATE OFCALIFORNIA, APPROVING

AN AMENDMENT TO THEZONING CODETO ESTABLISH THE

AFFORDABLE HOUSINGOVERLAY (AHO) ZONE, IMPLEMENT

MINISTERIAL REVIEWOFAFFORDABLE HOUSING PROJECTS, AND
REZONE TWO PROPERTIES (ZONE CHANGE NO. ZC 24-01)IN THE CITY

OFADELANTOTO IMPLEMENT THEADELANTOGENERAL
PLAN 2021-2029 HOUSING ELEMENT
Dr. Keinan presented the staff report.

Mayor Pro Tem Ramos opened public comment at 8:13 p.m.

Mayor Pro Tem Ramos closed public comment at 8:13 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to adopt the Mitigated Negative Declaration (MND), SCH No. 2023110567 and approve General Plan Amendment No.

GPA 24-01 and Ordinance No. 652 amending the Adelanto Municipal Code and approving Zone Change No. ZC 24-01, based on the findings.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
31 City Council Minutes
Regular Meeting
June 26, 2024
8 J. NEW BUSINESS

1. OPEN A PUBLIC HEARING, APPROVE PROPOSED CHANGES TO MAXIMUM RATES, AND ADOPT RESOLUTION 24-58 ORDERING THE LEVY AND

COLLECTION OF SOLID WASTE CHARGES ON THE PROPERTY TAX ROLL FOR FISCAL YEAR 2024-25. (TODD)
RECOMMENDATION: It is recommended that the City Council open a public hearing, and pass a motion to (1) approve the proposed changes to maximum rates for solid waste collection and (2) adopt Resolution 24-58 ordering the levy and collection of solid waste charges on the property tax roll for Fiscal Year 2024-2025.

RESOLUTION NO. 24-58

A RESOLUTION OF THE ADELANTO CITY COUNCIL, ORDERING THE LEVY

AND COLLECTION OF SOLID WASTE FEES BY THE COUNTY TAX

COLLECTOR IN THE SAME MANNER AND AT THE SAME TIME AS GENERAL TAXES.

Staff presented the staff report.

Mayor Pro Tem Ramos opened public comment at 8:04 p.m.

Mayor Pro Tem Ramos closed public comment at 8:04 p.m.

MOTION: Moved by Council Member Jeannette, seconded by Mayor Pro Tem Ramos to approve the proposed changes to maximum rates for solid waste collection and (2) adopt Resolution 24-58 ordering the levy and collection of solid waste charges on the property tax roll for Fiscal Year 2024- 2025.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

2. ACCEPTING GRANT AND APPROVING GRANT AGREEMENT FOR SAFE STREET AND ROAD FOR ALL (SSR4A). (SABA)
RECOMMENDATION: Staff recommends accepting grant and approving grant agreement for Safe Street and Roads for All (SSR4A)
Contracted Grant Writer Engineer presented the staff report.

Mayor Pro Tem Ramos opened public comment at 8:07 p.m.

Mayor Pro Tem Ramos closed public comment at 8:07 p.m.
32 City Council Minutes
Regular Meeting
June 26, 2024
9 MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to accept the grant and approve the grant agreement for Safe Street and Roads for All (SSR4A) Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

K. ITEMS REMOVED FROM THE CONSENT CALENDAR
L. FUTURE AGENDA ITEMS
Council Member Meza asked for community engagement to honor 3-5 mothers and fathers within the community and have the children write in why they should be recognized for mothers day and fathers day.

Council Member Uptergrove asked for additional information on how to support National Night Out.

MOTION: Moved by Council Member Uptergrove, seconded by Mayor Reyes to look into additional information on ways to support National Night Out.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Council Member Jeannette asked for Rocking Disability to provide a presentation on the next agenda.

Mayor Reyes asked if the time frame could be amended on the CUP for transparency to 6 months to a year.

MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to look into amending the time frame on the CUP for transparency to possibly 6 months to a year.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

M. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 8:18 p.m.

Eduardo: He spoke about asking for a job within the city and has been unable to find any work. He spoke about the increase in the homeless.
33 City Council Minutes
Regular Meeting
June 26, 2024
10 Mayor Reyes closed public comment at 8:18 p.m.

N. ADJOURNMENT
The next Regular Meeting of the City Council will be held on July 10, 2024 at 7:00 p.m.

MOTION: Moved by Council Member Meza, seconded by Council Member Uptergrove to adjourn the meeting at 8:22 p.m.

MINUTES OF THE

SPECIAL MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

THE ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
July 1, 2024
A. CALL TO ORDER – SPECIAL MEETING
The Adelanto City Council held the Special Meeting on Monday, July 1, 2024, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the special meeting at 11:00 a.m.

Council Members present: Jeannette, Meza, Uptergrove, Ramos, and Reyes.

Invocation: Council Member Uptergrove
Flag Salute: Council Member Meza
B. DELETIONS OR ADDITIONS
None.

B. APPROVAL OF AGENDA
MOTION: Moved by Mayor Reyes seconded by Council Member Meza to approve the agenda as presented.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

C. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 11:01 a.m.

Mayor Reyes closed public comment at 11:01 a.m.
35 City Council Minutes
Special Meeting
July 1, 2024
2 D. NEW BUSINESS

1. ADOPT RESOLUTION NO. 24-61 AUTHORIZING THE CITY OF ADELANTO’S WITHDRAWAL OF PARTICIPATION IN THE INDEPENDENT CITIES RISK. (JESSIE)
RECOMMENDATION: It is recommended that the City Council approve the resolution authorizing withdrawal from ICRMA and authorize the City Manager to provide official notice to ICRMA, ensuring compliance with all procedural requirements.

RESOLUTION NO. 24-61

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,

COUNTY OF SAN BERNARDINO, CALIFORNIA, APPROVING

WITHDRAWAL FROM THE INDEPENDENT CITIES RISK

MANAGEMENT AUTHORITY
City Manager Flores presented the staff report.

Mayor Reyes opened public comment at 11:15 a.m.

Diana Esmeralda: spoke about this not being transparent business for the public.

Mayor Reyes closed public comment at 11:18 a.m.

MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Meza to approve the resolution authorizing withdrawal from ICRMA and authorize the City Manager to provide official notice to ICRMA, ensuring compliance with all procedural requirements.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

E. ITEMS REMOVED FROM THE CONSENT CALENDAR
None.
36 City Council Minutes
Special Meeting
July 1, 2024
3 F. ADJOURNMENT
The next Regular Meeting of the City Council will be held on July 10, 2024 at 7:00 p.m.

MOTION: Moved by Mayor Reyes seconded by Council Member Jeannette to adjourn the meeting at 11:27 a.m.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
_________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk/Dir. Of Governmental Services
37 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: September 11, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Richard Burgess, Engineering Services Manager
SUBJECT: APPROVAL OF SECOND JOINDER AND AMENDMENT TO ENCROACHMENT PERMIT

AGREEMENT AMONG THE CITY OF ADELANTO AND BALDY MESA SOLAR, LLC, SILVER PEAK ENERGY, LLC, A DELAWARE LIMITED LIABILITY COMPANY.

STAFF RECOMMENDATION:

Staff recommends City Council approve and authorize the City Manager to execute the following:

Second joinder and amendment to encroachment permit agreement (Solar generating energy collection system and related facilities).

BACKGROUND:

Adelanto staff has reviewed the proposed second joinder and amendment to encroachment permit agreement (Solar generating energy collection system and related facilities) Baldy Mesa Solar, LLC, Silver Peak Energy, LLC, a Delaware Limited Liability Company. The City and Baldy Mesa entered into that certain Encroachment Permit Agreement dates June 23, 2023 (the “Original Agreement”) regarding Facilities in the License Area in connection with certain photovoltaic electric energy generating projects of Baldy Mesa in the vicinity of the license area.

AES Corporation, through Baldy Mesa Solar, LLC and Silver Peak Energy, LLC, has proposed Second Joinder and Amendment to Encroachment Permit Agreement.
• The proposed Joinder to Agreement of Solar Generator. Baldy Mesa C, LLC hereby joins the Agreement as a Solar Generator, notwithstanding that the Baldy Mesa C Project is a battery storage project, and the definition of Solar Generator is herby amended to include Baldy Mesa, Silver Peak and Baldy Mesa C. Baldy Mesa C, LLC agrees, as of the Effective Date, to be bound by all terms, provisions and conditions contained in the Agreement.

Engineering and legal counsel have reviewed the agreement and concur no undue burden will be placed on the City by entering into said agreements with AES. Staff recommends the City Council accept and authorize City Manager to execute the attached agreement.

FISCAL IMPACT:

None.

ATTACHMENTS:

A. Joinder and Amendment to the June 23, 2023, Encroachment Permit Agreement with Baldy Mesa Solar B. Second Joinder and Amendment to Encroachment Permit Agreement 38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
74 75
76 77
78 79
80 81
82 83
84 85
86 87
88 89
90 91

CITY COUNCIL

AGENDA REPORT
1 | P a g e
STAFF RECOMMENDATION:

Staff recommends that the City Council accept the monthly Business License Division report for the period ending August 31, 2024.

BACKGROUND:

The New Business Activity Listing exhibits all the new business licenses processed during the month.

Included in the report are new applicants and businesses that renewed their annual license with the City. Anyone doing business within the City must obtain a business license.

The Cash Receipt Listing exhibit lists all money received by the Business License Division for the issuance of a new business licenses, business license renewal, or a temporary business license.

FISCAL IMPACT:

A total of $7,403.50 processed during the month of August 2024.

ATTACHMENTS:

1. Monthly New Business Activity Listing for August 2024.

2. Monthly Cash Receipt List for August 2024.

DATE: Wednesday, September 4, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: HdL Companies / Via: Brenda Lopez, City Clerk
SUBJECT: BUSINESS LICENSE REPORT – AUGUST 2024
92 CITY COUNCIL

AGENDA REPORT
2 | P a g e
AUGUST SUMMARY:
30%
2%
12%
9%
30%
13%
2% 2%
Contractors (29) Home Business (2) General Retail (10) General Service (9) Rental Property (29) Manufacturing (12) Professional (2) Vehicles (2) 0 25
50 75
100
125
150
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
2019 2020 2021 2022 2023 2024
Business License Accounts Processed by Rate Category
(Total Record Count = 95)
43%
57%
Based Outside the City = 41 Based Inside the City = 54

TOTAL NUMBER OF ACCOUNTS PROCESSED BUSINESS LICENSES ISSUED BY LOCATION 93 Monthly Business Activity Listing
Firm Name Firm Address Business Description Located Inside Adelanto License Type Issue Date Amount 14781 DELICIOUS STREET 14781 DELICIOUS ST Real Estate Yes Renewal 2024-08-29 $154.00 16668 ADELANTO LLC 18718 ARBOR Hotels,Motels & Other Rental Units Yes Renewal 2024-08-02 $94.00 A DOOR CO. 17228 SEQUOIA ST Contractors (All Other Class 'C') No Renewal 2024-08-04 $54.00 A R B INC. 26000 COMMERCENTRE Contractors (Class A, B1, C20) No Reinstated 2024-08-22 $104.00 AMERICAN POWER SOLUTIONS INC 14355 INDUSTRY CIR Contractors (Class A, B1, C20) No New Application 2024-08-01 $104.00 ANI KARAOGLANYAN 11497 BEGONIA RD Hotels,Motels & Other Rental Units Yes Renewal 2024-08-23 $34.00 ARTURO SUAREZ 15738 DESERT ROCK ST Hotels,Motels & Other Rental Units Yes Renewal 2024-08-03 $34.00 BRICKLEY ENVIRONMENTAL 957 W REECE Contractors (Class A, B1, C20) No Renewal 2024-08-25 $104.00 C & C INTERPRETING SERVICES 15631 KEARNY DR Home Occupation Yes Renewal 2024-08-12 $29.00 CALIFORNIA COMMERCIAL POOLS INC 2255 E AUTO CENTRE DR Contractors (Class A, B1, C20) No Renewal 2024-08-19 $104.00 CALIGROUP MANAGEMENT SERVICES, LLC 1424 LARCHWOOD AVE Real Estate No New Application 2024-08-25 $104.00 CARLOS AND ANA MARIA BLANCO 15307 ROSS Hotels,Motels & Other Rental Units Yes Renewal 2024-08-10 $34.00 CASABA APARTMENTS 18162 S CASABA RD # A,B,C Hotels,Motels & Other Rental Units Yes Renewal 2024-08-26 $38.00 CHAVEZ FENCING 5025 SE AMITY DAYTON HWY Contractors (All Other Class 'C') No Renewal 2024-08-28 $54.00 CHIEF TOP REMODELING INC 240 N CRESCENT DR #304 Contractors (Class A, B1, C20) No New Application 2024-08-09 $104.00 CHRIST THE GOOD SHEPHERD 17900 JONATHAN Bingo Yes Renewal 2024-08-10 $54.00 CHRISTINE YAU 11764 MAYWOOD COURT Hotels,Motels & Other Rental Units Yes Renewal 2024-08-24 $34.00 CIRCLE K #8644 11724 AIR EXPRESSWAY Retail/Wholesale Yes Renewal 2024-08-01 $54.00 CLOUD NINE ROOFING AND CONSTRUCTION LLC 24593 MORNING GLORY ST Contractors (C21, C35, C36, C39, C51) No New Application 2024-08-15 $79.00 COMPLETE SOLAR INC 1850 GATEWAY DR STE 450 Contractors (All Other Class 'C') No Reinstated 2024-08-29 $54.00 CONSUELO GODOY 15017 CRAWFORD AVENUE Hotels,Motels & Other Rental Units Yes Renewal 2024-08-23 $34.00 COPART 10429 PANSY RD Automobile Sales Yes Renewal 2024-08-02 $104.00 DAVIS ADULT CARE RESIDENTIAL 14798 SHERIDAN CT Hotels,Motels & Other Rental Units Yes Renewal 2024-08-02 $34.00 DENNY'S RESTAURANT 14240 HIGHWAY 395 Restaurant Yes Renewal 2024-08-01 $54.00 DESERT VALLEY TOWING 17177 EUREKA Auto/Truck Wrecking No Renewal 2024-08-06 $154.00 DIGNA TORRES OR CAROL MILLER 10754 WAKEFIELD ST E Hotels,Motels & Other Rental Units Yes Renewal 2024-08-02 $34.00 DRAGON 2 SMOKE SHOP 11336 BARTLETT AVE 4 Misc Business Yes Renewal 2024-08-27 $54.00 EFFICIENT ELECTRIC 3509 W 7TH ST Contractors (C4, C6, C8, C10, C12, C16, C42) No New Application 2024-08-16 $64.00 ENERGY RENOVATION CENTER 11731 STERLING AVE G3 Contractors (C4, C6, C8, C10, C12, C16, C42) No Renewal 2024-08-19 $64.00 ESSENTIAL CO, LLC 17317 MUSKRAT AVE Manufacturing Flat Fee Yes Renewal 2024-08-06 $104.00 Process Summary:

New - Pending Approval: 16
Renewal Accounts: 75
Reinstated Accounts: 4 Attachment No. 1
Reporting Period: August 2024
Total Licenses Processed: 95
94 Monthly Business Activity Listing
Firm Name Firm Address Business Description Located Inside Adelanto License Type Issue Date Amount ESSENTIAL CO, LLC 17317 MUSKRAT AVE Manufacturing Flat Fee Yes Renewal 2024-08-06 $104.00 ESSENTIAL CO, LLC 17317 MUSKRAT AVE Manufacturing Flat Fee Yes Renewal 2024-08-06 $104.00 EVERON, LLC 2705 MEDIA CENTER DR Contractors (C4, C6, C8, C10, C12, C16, C42) No Renewal 2024-08-18 $64.00 FAVELAS TRUCKING 18026 JONATHAN ST Trucking Hauling Yes Renewal 2024-08-04 $129.00 FIDAA HANNA 14558 CLYDESDALE ST Hotels,Motels & Other Rental Units Yes Renewal 2024-08-02 $34.00 FIORE FARM CONSTRUCTION & OPERATING,LLC 17457 MUSKRAT AVE Manufacturing Flat Fee Yes Renewal 2024-08-05 $104.00 FUSION FARMS, LLC. 17235 RACOON AVE Manufacturing Flat Fee Yes Renewal 2024-08-18 $104.00 FUSION FARMS, LLC. 17235 RACOON AVE Manufacturing Flat Fee Yes Renewal 2024-08-18 $104.00 GENEX TRADING INC. 17098 RACOON AVE Manufacturing Flat Fee Yes Renewal 2024-08-17 $104.00 GENEX TRADING INC. 17098 RACOON AVE Manufacturing Flat Fee Yes Renewal 2024-08-17 $104.00 GENEX TRADING INC. 17098 RACOON AVE Manufacturing Flat Fee Yes Renewal 2024-08-17 $104.00 GEORGE R. LEWIS 11722 BEGONIA Hotels,Motels & Other Rental Units Yes Renewal 2024-08-30 $34.00 GRACE E. KIM 11172 SCARLET AVE Hotels,Motels & Other Rental Units Yes Renewal 2024-08-02 $34.00 GRAVITY CONSULTANTS 16655 KOALA RD Manufacturing Flat Fee Yes New Application 2024-08-05 $476.00 HELEN DENNING 14550 CHIPPENDALE CIRCLE Hotels,Motels & Other Rental Units Yes Renewal 2024-08-10 $34.00 HIGH DESERT PALLET AGENTS, INC. 17834 ADELANTO RD Secondhand Dealers Yes Renewal 2024-08-01 $54.00 HONEST REALTY GROUP, INC 1300 W FLORIDA AVE UNIT A Real Estate No New Application 2024-08-28 $154.00 INLAND PRO PLUMBING 15420 7TH ST Contractors (C21, C35, C36, C39, C51) No New Application 2024-08-07 $79.00 ISIS AUTO REPAIR 11690 BARTLETT Auto Repair Yes Renewal 2024-08-10 $104.00 J & M CONTRACTING CORP 1025 BONITA AVE Contractors (Class A, B1, C20) No Renewal 2024-08-17 $104.00 JAVIER & FRANCISCA CRUZ 11774 MARYLAND ST Hotels,Motels & Other Rental Units Yes Renewal 2024-08-30 $34.00 JERRY H. LEE 11209 DESERT ROSE DR Hotels,Motels & Other Rental Units Yes Renewal 2024-08-06 $34.00 JIRIES & ELIZABETH KHALILIEH 15142 BRAXTON STREET Hotels,Motels & Other Rental Units Yes Renewal 2024-08-07 $34.00 JORGE NUNEZ 11806 LEE Hotels,Motels & Other Rental Units Yes Renewal 2024-08-22 $34.00 JUAN ALCALA 11375 STAR ST Hotels,Motels & Other Rental Units Yes Renewal 2024-08-09 $34.00 JULIE LEE 18611 NEW HAMPSHIRE ST Hotels,Motels & Other Rental Units Yes Renewal 2024-08-02 $34.00 KATHY HUYNH 11390 ADDISON Hotels,Motels & Other Rental Units Yes Renewal 2024-08-27 $34.00 KINAL LAWNCARE 12327 SAN JOAQUIN CT Misc Business No Renewal 2024-08-15 $54.00 LINEAR IDEATION MEDIA 10339 KATELYN CT Home Occupation Yes Renewal 2024-08-08 $29.00 LOS N3JALLITOS TORTILLERIA 11511 BARTLETT AVE Misc Business Yes New Application 2024-08-16 $426.00 Process Summary:

New - Pending Approval: 16
Renewal Accounts: 75
Reinstated Accounts: 4 Attachment No. 1
Reporting Period: August 2024
Total Licenses Processed: 95
95 Monthly Business Activity Listing
Firm Name Firm Address Business Description Located Inside Adelanto License Type Issue Date Amount MANUEL GUDINO 14462 JEREMIAH STREET Hotels,Motels & Other Rental Units Yes Renewal 2024-08-17 $34.00 MASCO & SONS 13641 JOHN GLENN RD UNIT D Contractors (Class A, B1, C20) No Renewal 2024-08-26 $104.00 MICHAEL T HAGEN & GAIL BOWLING 19011 PANTHER AVE Hotels,Motels & Other Rental Units Yes Renewal 2024-08-23 $34.00 MILAGRO LANDSCAPE CO 5035 MONTE CARLO CT Contractors (Class A, B1, C20) No Renewal 2024-08-23 $104.00 MONTOYA'S NURSERY 12051 VICTOR ST Retail/Wholesale Yes Renewal 2024-08-01 $54.00 NATIONAL ENTERTAINMENT NETWORK, LLC 246 S TAYLOR AVE STE 200 Misc Business No Renewal 2024-08-26 $54.00 NEWHAUS ROOFING & CONSTRUCTION 3316 W VICTORY BLVD Contractors (Class A, B1, C20) No New Application 2024-08-13 $104.00 NEXUS ENERGY SYSTEMS INC 10692 STANFORD AVE UNIT A Contractors (Class A, B1, C20) No Renewal 2024-08-24 $104.00 OASIS CUSTOM POOLS 7587 MUSCATEL Contractors (All Other Class 'C') No Reinstated 2024-08-02 $54.00 PARK WEST RESCOM INC 22421 GILBERTO STE A Contractors (Class A, B1, C20) No New Application 2024-08-16 $104.00 PERRY BATTLE 18521 DEWITT PL Hotels,Motels & Other Rental Units No Renewal 2024-08-18 $34.00 PHOENIX POWER GROUP INC 650 FROM RD STE 255 Contractors (Class A, B1, C20) No New Application 2024-08-09 $104.00 PODS ENTERPRISES, LLC 4450 EDISON AVE Misc Business No Renewal 2024-08-15 $71.50 PORTICADE ENERGY LLC 525 S 850 E STE 10 Contractors (C4, C6, C8, C10, C12, C16, C42) No New Application 2024-08-05 $64.00 QUALITY PROCESS STAFFING LLC 3400 COTTAGE WAY STE G2 17417 Misc Business No Renewal 2024-08-02 $54.00 QUINN COMPANY 10006 ROSE HILLS RD Retail/Wholesale No Renewal 2024-08-19 $54.00 RAFAEL HURTADO JR 2350 N CAMERON AVE Hotels,Motels & Other Rental Units No Renewal 2024-08-17 $34.00 RAJBIR BAL 10976 WILSON AVE Hotels,Motels & Other Rental Units Yes Renewal 2024-08-02 $34.00 RANDY AND DEBORAH WEBER 17833 JUNIPER STREET Hotels,Motels & Other Rental Units Yes Renewal 2024-08-23 $34.00 READY 2 GO SOLUTIONS LLC 18564 US HIGHWAY 18 205 Taxicabs No New Application 2024-08-07 $39.00 RED DRAGON SMOKE SHOP 11965 CACTUS RD L Misc Business Yes Renewal 2024-08-27 $54.00 RENE & JANET BULURAN 14662 KIMBERLY ST Hotels,Motels & Other Rental Units Yes Renewal 2024-08-30 $34.00 SALVADOR RUELAS 11301 AZTEC 2 Hotels,Motels & Other Rental Units Yes Renewal 2024-08-01 $32.00 SERVPRO OF CHINO 13885 REDWOOD AVE Contractors (Class A, B1, C20) No Renewal 2024-08-16 $104.00 SMART WAY DELIVERY, INC. 9945 YUCCA RD Manufacturing Flat Fee Yes Renewal 2024-08-23 $104.00 SMART WAY DELIVERY, INC. 9945 YUCCA RD Manufacturing Flat Fee Yes Renewal 2024-08-23 $104.00 SO CAL REMODELING PRODUCTS INC 12730 EASTEND AVE Contractors (Class A, B1, C20) No New Application 2024-08-22 $104.00 STURGEON ELECTRIC CALIFORNIA, LLC 13501 BENSON AVE Contractors (Class A, B1, C20) No Renewal 2024-08-09 $104.00 TACOS LAS JEFAS 11717 IVERSON ST Food Catering Service No Renewal 2024-08-23 $34.00 THE DONUT HOUSE 11336 BARTLETT AVE STE 1 Retail/Wholesale Yes Renewal 2024-08-03 $54.00 TK ELEVATOR CORPORATION 1601 S SUNKIST STREET # E Contractors (All Other Class 'C') No Renewal 2024-08-01 $54.00 TRUE POWER SOLAR 2510 SUPPLY ST Contractors (Class A, B1, C20) No Reinstated 2024-08-19 $104.00 Process Summary:

New - Pending Approval: 16
Renewal Accounts: 75
Reinstated Accounts: 4 Attachment No. 1
Reporting Period: August 2024
Total Licenses Processed: 95
96 Monthly Business Activity Listing
Firm Name Firm Address Business Description Located Inside Adelanto License Type Issue Date Amount TUFF SHED INC 1777 S HARRISON ST STE 600 Contractors (Class A, B1, C20) No New Application 2024-08-22 $104.00 WILSON UTILITY CONSTRUCTION CO 1190 NW 3RD AVE Contractors (Class A, B1, C20) No Renewal 2024-08-26 $104.00 YI ZHAO 14616 PALM ST Hotels,Motels & Other Rental Units Yes Renewal 2024-08-25 $34.00 Process Summary:

New - Pending Approval: 16
Renewal Accounts: 75
Reinstated Accounts: 4 Attachment No. 1
Reporting Period: August 2024
Total Licenses Processed: 95
97 Totals for New Receipts
Summary by GL Account #
Paid to Client
Business License Tax - G/L #100-0000-43035 $200.00
SB-1186 Fees - City Portion $7.20
SB-1186 Fees - State Portion $0.80
Total: $208.00
Paid to HdL
Unknown ($2.00)
Building Dept - Commercial Zoning Fees $1,321.00
Building Dept - Home Occupation Zoning Fees $60.00
Business License Tax - G/L #100-0000-43035 $8,012.85
NSF Fee $17.50
Penalties - G/L #100-0000-43035 $602.33
SB-1186 Fees - City Portion $472.50
SB-1186 Fees - State Portion $52.50
Total: $10,536.68
Summary by Payment Type
11 Check 439.28
6 Credit Balance -
78 Credit Card 8,265.07
24 eCheck 1,886.33
2 Paid at City 208.00
1 Refund/Reversal (54.00)
122 Grand Total: $10,744.68
Summary by Geo Area
122 10,744.68
122 Grand Total $10,744.68
Attachment 2
City of Adelanto
Business License Division
Cash Receipts Summary
8/01/2024 to 8/31/2024
98 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: 9/11/2024
TO: Honorable Chairman, and Public Utility Authority Members FROM: Jessie Flores, Executive Director
BY: Richard Burgess, Engineering Services Manager
SUBJECT: ADELANTO ROAD WATER MAIN CONSTRUCTION MANAGEMENT/INSPECTION

SERVICES
STAFF RECOMMENDATION:

Staff recommends that the City of Adelanto approves the Request for Services to KEC Engineers, Inc. who will provide Construction Management/Inspection services for the Adelanto Road Water Main CIP (2024-05) project.

BACKGROUND:

The City of Adelanto has approved a two mile 18” water main project (CIP 2024-05) serving the underserved northeast part of the city. KEC Engineers, Inc. will provide supportive services in the following areas.
• Coordinate and monitor activities between contractor, subcontractors, utility companies, survey, and geotechnical consultants on the project.
• Inspect daily for traffic control, approved materials and methods, safe practices, specifications, and daily documentation to assure all DIR requirements are met. • The inspector will maintain daily documentation and pictures of all materials; work performed and will assure to have uploaded all documentation and pictures to the city’s share drive. • Construction Management will coordinate all project activities, respond to all RFI’s, review weekly scheduling, task management, assure all DIR requirements are met, will maintain budgeting, will review all change orders, and will assure project deadline is met.

FISCAL IMPACT:

The funds will be paid for by the APUA, with no impact on the General Fund. The price will be $250,000 for the Construction Management/Inspection services.

ATTACHMENTS:

A. Adelanto Road Water Main Contract
B. Request for Services
C. Project Location
D. Project Plans and Specifications
99 2512/026150-0001
19521427.1 a09/05/24

ADELANTO PUBLIC UTILITY AUTHORITY

PROFESSIONAL SERVICES AGREEMENT
Adelanto Road Water Main Construction Management/Inspection Services THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ___11___ day of ____September______, 2024 (“Effective Date”) by and between the CITY OF ADELANTO, a California municipal corporation, (“City”) and KEC Engineers, Inc., a Engineering (“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 9/11/2024 and shall end on 3/26/2025 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.
100
2512/026150-0001
19521427.1 a09/05/24 -2-

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 FIFTY THOUSAND WITH ZERO CENTS ($250,000) 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
11600 Air Expressway
Adelanto, CA 92301
101
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19521427.1 a09/05/24 -3-

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.

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 102
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19521427.1 a09/05/24 -4-
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.

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 103
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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.
(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; 104
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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 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:

Adelanto Road Water Main Construction Management/Inspection Services. 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 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.

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 105
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that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self-Insured Retentions. Consultant 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, 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.

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, 106
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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.

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 107
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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. 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 108
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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. 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, 109
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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 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. 110
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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.

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; 111
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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.

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.
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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 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, 113
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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:

KEC Engineers, Inc.

Attn: Kavouse Emami
13201 9th Street
Chino, CA 91710
Any written notice to City shall be sent to the Contract Administrator at:

City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: «Staff_Contact», «Staff_Title»
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.
__________________________________________
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 114
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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 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. 115
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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
«City_Signature»
Attest:

Brenda Lopez, City Clerk
Approved as to Form:

Todd Litfin, City Attorney

CONSULTANT
«Consultant_Signature_1»

«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 Construction Management/Inspection services in the amount not to exceed TWO HUNDRED AND FIFTY THOUSAND WITH ZERO CENTS ($250,000) as further detailed in the following page(s).
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/026150-0001
19521427.1 a09/05/24 EXHIBIT A
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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: September 11, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
SUBJECT: CONSIDERATION OF AMENDMENT NO.5 TO THE PROFESSIONAL CONSULTANT

SERVICES AGREEMENT WITH IDEATE CALIFORNIA TO EXTEND THE CONTRACT TERM SIX MONTHS (AUGUST 2024).

STAFF RECOMMENDATION:

Staff recommends that the City Council approve Amendment No. 5 to the Professional Consultant Services Agreement with IDEATE California to extend Section 3.1.2 Term on the attached Agreement for six (6) months with compensation not-to-exceed forty-five thousand dollars ($45,000). Consultant will continue the scope of services to include development of an Energy Master Plan, maintenance and expansion of the infrastructure including a water treatment plant and development of hydrothermalenergy plan and potential recycle water utilization plan for power generation. Consultant’s total compensation excludes authorized reimbursements.

BACKGROUND:

On August 1, 2023, the City Manager entered into a Professional Consultant Services Agreement (“Agreement”) with IDEATE California to provide professional economic development consulting services through July 31, 2024, with the ability to authorize extra work where needed, for the amount not-to-exceed ninety thousand dollars ($90,000). The agreement has since been extended multiple times, to update the scope based on changing power needs and growing relationship with Edison.

IDEATE has been a strong supporter of the City and has successfully advanced electricity connection to many developments, with significant impact to local economic development.

The City wishes to amend the agreement with IDEATE California to amend the Master Agreement to extend the term. The General Scope of Services includes:
• 1) Expansion of the City’s Energy Master Plan
• 2) Maintenance and expansion of the infrastructure including the water treatment plant • 3) Assist in review of hydrothermal energy generation • 4) Evaluate potential recycle water user for power generation

The Fifth Amendment will extend the Term of the Agreement by six (6) months and shall commence on August 1, 2024 to January 31, 2025.

There are no amendments to the hourly rate of two hundred fifty ($250)/hr and not-to-exceed twenty 123
(20) hours a month. Services performed at an hourly rate will count towards the monthly not-to-exceed amount. The monthly not-to-exceed amount is Seven Thousand Five Hundred dollars ($7,500). The total amendment compensation not-to-exceed amount shall be forty-five thousand dollars ($45,000) without the written approval of the City Council or City Manager as applicable. Extra work may be authorized, as described in the Master Agreement, and if authorized, will be compensated at the rates and manner set forth in the Master Agreement.

Consultant shall not receive reimbursement for any travel and expenses unless prior written authorization is provided by City Manager and the amount shall not exceed One Thousand dollars ($1,000) a month. The Consultant’s total compensation excludes authorized reimbursements.

FISCAL IMPACT:

For Fiscal year 24/25, the net cost of the Amendment No. 5 is $45,000, plus reimbursements, and will be included in the annual budget. $45,000 will be included as an APUA impact.

ATTACHMENTS:

1.Fifth Amendment to Professional Consultant Service Agreement

2. Exhibit “A” Master Agreement

3. First Amendment

4. Second Amendment

5. Third Amendment

6. Fourth Amendment

7. 2023-2024 Scope of Work

8. 2024-2025 Scope of Work
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1 2024

FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Economic Development Consulting Services)
(Parties: City of Adelanto and IDEATE California)
THIS FIFTH AMENDMENT (hereinafter, “Fifth Amendment”) to that certain agreement entitled “Professional Services Agreement”, dated September 22, 2021 (hereinafter, “Master Agreement”), is hereby made and entered into this 1
st day of August, 2024 (hereinafter, “Effective Date”), by and between CITY OF ADELANTO, a municipal corporation (hereinafter, “City”) and IDEATE CALIFORNIA (hereinafter, “Consultant”). For purposes of this Fifth Amendment, the capitalized term “Parties” shall be a collective reference to both City and Consultant. The capitalized term “Party” may refer to either City or Consultant interchangeably, as appropriate.

RECITALS
This Fifth Amendment is made and entered into with respect to the following facts:

WHEREAS, on September 22, 2021, the Parties executed and entered into the Master Agreement for Consultant to provide economic development consulting services; and WHEREAS, the Master Agreement was later amended by way of a first amendment (hereinafter “First Amendment”), and approved by the City Council of the City of Adelanto (“City Council”) at its Regular Meeting of February 9, 2022, to expand the general Scope of Services, extend the Term, and to increase the compensation and limit reimbursement for Expenses; and WHEREAS, the Master Agreement was later amended by way of a second amendment (hereinafter “Second Amendment”), and approved by the City Council of the City of Adelanto (“City Council”) at its Regular Meeting of October 12, 2022, to expand the general Scope of Services, extend the Term, and to increase the compensation and limit reimbursement for Expenses; and
WHEREAS, the Master Agreement was later amended by way of a third amendment (hereinafter “Third Amendment”), and approved by the City Council of the City of Adelanto (“City Council”) at its Regular Meeting of March 22, 2023, to expand the general Scope of Services, extend the Term, and to increase the compensation and limit reimbursement for Expenses; and WHEREAS, the Master Agreement was later amended by way of a fourth amendment (hereinafter “Fourth Amendment”), and approved by the City Council of the City of Adelanto (“City Council”) at its Regular Meeting of August 9, 2023, to expand the general Scope of Services, extend the Term, and to increase the compensation and limit reimbursement for Expenses; and
WHEREAS, for purposes of this Fifth Amendment, the Master Agreement as amended by way of the First, Second, Third and Fourth Amendment, may be referred to collectively as the “Master Agreement.” The Master Agreement is attached and incorporated hereto as Exhibit “A”; and
WHEREAS, the Parties now wish to modify the Scope of Services, extend the Term, and 125
2 limit the reimbursement for expenses; and
WHEREAS, under the terms of the Master Agreement, City agreed to pay Consultant a total Not-to-Exceed Sum of ONE HUNDRED THIRTY FIVE THOUSAND DOLLARS ($135,000) for all work contemplated under the Master Agreement (hereinafter, “Not-to-Exceed Sum”); and
WHEREAS, the Parties agree on a compensation total Not-to-Exceed Sum of FORTY FIVE THTHOUSAND DOLLARS ($45,000) to cover the extended term of the Agreement.

NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

SECTION 1. Section 3.1.1 (GENERAL SCOPE OF SERVICES) of the Master Agreement is hereby amended to expand the scope of Services to include the development of an Energy Master Plan, maintenance and expansion of the infrastructure, including a water treatment plant, and development of hydrothermal-energy plan and potential recycle water utilization plan for power generation.

SECTION 2. Section 3.1.2 (TERM) of the Master Agreement is further amended to extend the Term of the Agreement for an additional six (6) months commencing as of August 1, 2024 through January 31, 2025.

SECTION 3. Section 3.3.1 (COMPENSATION) of the Master Agreement is hereby amended in its entirety to read as follows:

Consultant shall receive compensation, excluding authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “B” which is attached and incorporated hereto. The total compensation shall not exceed a monthly not-to-exceed amount of Seven Thousand Five Hundred Dollars ($7,500) (hereinafter “Monthly Not-to-Exceed”) for a total not-to-exceed compensation of Forty Five Thousand Dollars ($45,000) (hereinafter “Total Compensation”).

SECTION 4. Section 3.3.3 (REIMBURSEMENT FOR EXPENSES) of the Master Agreement is hereby amended in its entirety to read as follows” Consultant shall not receive reimbursement for any travel expenses unless prior written authorization is provided by City Manager. Reimbursement for any travel expenses shall not exceed a monthly not-to-exceed amount of One Thousand dollars ($1,000).

SECTION 5. Except as otherwise set forth in this Fifth Amendment, the Master Agreement as previously amended by way of the First, Second, Third and Fourth Amendment shall remain binding, controlling, and in full force and effect. Section 3.6.6 of the Master Agreement notwithstanding, this Amendment together with the Master Agreement and the First, Second, Third and Fourth Amendment, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents. In the event of a conflict or inconsistency between the provisions of this Fifth Amendment, including any and all attachments to this Fifth Amendment and the provisions of the Master Agreement or the First, 126
3 Second, Third and Fourth Amendment, the provisions of the Fifth Amendment shall govern and control but only to the extent of the conflict and no further.

SECTION 6. The provisions of this Fifth Amendment shall be deemed a part of the Master Agreement as previously amended by way of the First, Second, Third and Fourth Amendment and except, as otherwise provided under this Fifth Amendment, the Master Agreement as previously amended by way of the First, Second, Third and Fourth Amendment, and all provisions contained therein shall remain binding and enforceable. [SIGNATURES ON NEXT PAGE]
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4 IN WITNESS WHEREOF, the Parties hereto have caused this Fourth Amendment to be executed on the day and year first appearing above.

CITY:

CITY OF ADELANTO
By:__________________________________
Jessie Flores, City Manager
Date:

APPROVED AS TO FORM:

By:__________________________________
Todd Litfin, City Attorney
Date:

CONSULTANT:

IDEATE CALIFORNIA, LLC
By:_____________________________
Name:_________________________
Title: ___________________________
Date:
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5 EXHIBIT “A”

MASTER AGREEMENT
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August 1, 2024
To: Jessie Flores, City Manager, City of Adelanto
Fr: Jose Atilio Hernandez, Founder/CEO IDEATE California Lizette Solorzano, Executive Manager, IDEATE California Re: Scope of Work- 2024/25
The purpose of this memo is to describe the proposed scope of work IDEATE seeks to perform for the City of Adelanto.

Scope of Work
IDEATE shall work with the City of Adelanto to 1) secure the long term viability of the Adelanto Public Utility Authority (APUA), 2) increase APUA’s ability to provide for the expanding infrastructure of the City of Adelanto, 3) maximize APUA’s ability to provide timely electrification for projects, 4) mitigate against issues impacting APUA, the City, and development (Joshua Trees), 5) and develop recommendations to secure additional state wide resources for APUA and the city of Adelanto. Specifically, IDEATE shall:

Expanding Adelanto Public Utility Authority
- In coordination with Adelanto leadership, work to ensure APUA can o Meet wastewater regulatory requirements
o Transition to producing hydrogen/excess power
o Position the department to address timely electrification needs Ensuring for Adequate and Timely Energy Supply
- Include APUA in monthly coordination with Southern California Edison to ensure city approved projects are prioritized
o Continue to work with the City and Edison to Identify existing load capacity issues and load growth need
- Position APUA to assess electric needs in the city
o Address immediate needs
o Provide for short term needs
o Ensure for future development
▪ Work with So Cal Edison and Edison International to increase long term needs for the City and its residential, commercial, and industrial customers.
▪ Connect with Statewide and Local Edison Representatives ▪ Connect with Statewide and Local decision-makers
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- Continue to Identify alternate strategies to increase load and as necessary engage in most cost effective strategies
Securing additional resources for APUA, Adelanto
- Identify existing renewable energy funding sources, Including:
o Hydrogen fuel grants
▪ Local/federal
o Climate Change Funding
Economic Development
- Work with the City management to continue to identify economic opportunities, included but not limited to
o Brightline West
o Broadband
o Workforce Investment
o CDFI Expansion/Community Development Centers
o General Business Development
Fees and Payment
IDEATE respectfully requests $45,000 from August 1, 2024 to January 31, 2025. IDEATE shall adjust its $750/hr rate and provide a discounted rate of $250/hr, not to exceed 30 hours a month. IDEATE shall submit monthly itemized invoices to City of Adelanto in the amount of $7500 a month.

All travel/expenses associated with this work shall be itemized separately and only reimbursed upon prior approval from the City of Adelanto. Travel and Expenses shall not exceed $1000 monthly.

Status Reporting
During the term, IDEATE shall meet with Jessie Flores to prioritize scope of work, as well advise as to the status and progress of the work. IDEATE shall set up weekly check-ins with the City Management.

Relationship of the Parties
IDEATE is and always shall act as an independent contractor providing services pursuant to this Engagement Memo. It is expressly understood and agreed that this Engagement Memo shall not be considered or interpreted as naming or appointing IDEATE as an employee, agent, partner, or joint venturer of the City of Adelanto and neither party shall have the authority to bind the other in any respect. IDEATE shall maintain its financial records, shall maintain its own insurance, will be responsible for the payment of all taxes with respect to the compensation to be paid to IDEATE by the City of Adelanto under this Engagement Memo, and will perform each and every other act necessary to or required in the conduct of its business. In addition, IDEATE must comply with all laws and regulations and any violation of such laws shall nullify all Fees and Payments. IDEATE hereby indemnifies the City of Adelanto for all liabilities associated with IDEATE’s actions. 131
Confidential Information/ Intellectual Property and Proprietary Rights IDEATE acknowledges that it shall be provided or have access to the confidential business information and trade secrets of the City of Adelanto, including but not limited to copyrighted material, trade names, trademarks, service marks, the City of Adelanto’s tools, methodologies, trade secrets, business and financial strategies, and other intellectual property of the City of Adelanto (“Confidential Information”). IDEATE understands that the City of Adelanto strictly prohibits the unauthorized use or distribution of any Confidential Information, and that IDEATE shall not use or disclose any such Confidential Information without the prior written consent of the City of Adelanto IDEATE accepts liability for any unauthorized disclosure or use of Confidential Information and recognizes that the improper and impermissible disclosure or use of any Confidential Information and will cause irreparable damage to the City of Adelanto Confirmation of Agreement
This Engagement memo constitutes the entire agreement of the parties and supersedes all prior communications, agreements, and promises, either oral or written. Any modifications to this engagement letter shall be effective only when agreed to in writing by both the City of Adelanto and IDEATE.

Please confirm the City of Adelanto ‘s agreement to the terms of this Engagement memo by signing a copy of this memo, returning it to us and sending us a copy either via PDF or mail.

ACCEPTED AND AGREED TO THIS 1
st DAY OF August, 2024
________________________
Jessie Flores
City Manager
______________________________
Jose Atilio Hernandez
IDEATE California
Founder/CEO
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CITY OF ADELANTO

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 22th day of September, 2021, by and between the City of Adelanto, a municipal corporation, organiz'ed under the laws of the State of California, with its principal place of business at 11600 Air Expressway, Adelanto, CA 92301 ("City") and IDEATE California an S-Corporation, with its principal place of business at 315 W. 9th Street, Suite 700, Los Angeles, CA 90015("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional economic development consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional economic development services, and is familiar with the plans of the City.

2.2 Project.

City desires to engage Consultant to render such professional economic development consulting services for the communications by the City with residents and the public ("Project") as set forth in this Agreement.

3. TF.RMS.

3.1 Scope of Services and Term.

3.1.1 GeneraJ Scope of Servi.ces. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional public affairs and creative communication support services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and perfonned in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from October 1, 2021 to March 31. 2022, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 lndependent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing OMLO: October 2018
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the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.3 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement is as follows: Mr. Jose Atilio Hernandez.

3.2.4 City's Representative. The City hereby designates Jessie Flores, City Manager, or his/her designce, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant bul not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than lhe City Manager, City's Representative or his/her designec.

3.2.5 Consultant's Representative. Consultant hereby designates Mr. Jose Atilio Hernandez, CEO, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her 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.

3.2.6 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available lo City's staff, consultants and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services.

Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and 2 OMLO: October 2018
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subconsultants have all licenses, permits, qualifications and approvals of whatever nature that arc legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.9 Insurance.

3.2.9.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.9.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Senrices Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid inside the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Workers' Compensation/Employer's Liability: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. If Consultant has no employees or agents, Consultant shall not be required to maintain Workers' Compensation Insurance. However, in the event that Consultant hires employees or agents during the term of this Agreement, Consultant shall obtain and maintain Workers' Compensation/Employer's Liability Insurance in accordance with this section. 3 OMLO: October 2018
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(C) Professional Liability (Errors & Omissions) Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant's profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

3.2.9.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Workers' Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten ( 10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
(B) Professional Liability (Errors & Omissions):
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten ( 10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable Lo this Agreement. The policy must "pay on behalf of' the insured and include a provision establishing the insurer's duty to defend.

3.2.9.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.9.5 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

Consultant agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Consultant shall require similar written express waivers and insurance clauses from each of its subconsultants.
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3.2.9.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.2.9.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City.

If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.9.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.

3.2.9.9 Acceptability of lnsurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2. 9.10 Enforcement of Agreement Provisions (non estoppel}. Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.2.9.11 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained herein arc not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. If the Consultant maintains higher limits than the minimums contained herein, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

3.2. 9.12 Claims Made Policies. If any of the required policies provide coverage on a claims-made basis:
(A) The Retroactive Date must be shown and must be before the effective date of the Agreement or the beginning of work under this Agreement. (B) Such insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of all services under this Agreement. 5 OMLO: October 2018
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(C) lf coverage is canceled or non-renewed, and not replaced with another claims-made policy fonn with a Retroactive Date prior to the effective date of the Agreement, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of all services under this Agreement.

3.2.9.13 Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

3.2.9.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies.

All policies of Commercial General Liability insurance provided by Consultant's subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form lSO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant's compliance with all insurance requirements under this Agreement, to the extent applicable.

The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.2.10 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant 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, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, 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.

3.2.10.1 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.

3.3 Fees and Payments.

3.3. l Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed Thirty thousand dollars ($30,000.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, wi 11 be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe 6 OMLO: October 2018
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the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "B" of this Agreement.

3.3.4 Extra Work At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section

3.1.2, the rate set forth in Exhibit "B" may be adjusted each year at the time of renewal as set forth in Exhibit "B".

3.4 California Labor Code Provisions.
3 .4.1 Prevai I ing Wage Law. Consultant is a ware of the requirements of Cali fomia Labor Code Section 1720, et .film-, and 1770, et~-, as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Tfthe Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comp 1 y with such Prevailing Wage Laws. Consultant shall obtain a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/. In the alternative, Consultant may view a copy of the prevailing rates of per diem wages at the City. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration. If the services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subjecl to compliance monitoring and enforcement by the Department of Industrial Relations.

It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements.

3.5 Accounting Records.

3.5. l Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant 7 OMLO: October 2018
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to this Agreement. Consultant shall al low inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.6 General Provisions.

3.6. l Termination of Agreement.
3 .6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3 .6.1.3 Additional Services. ln the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6.1.4 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant:

City:

Jose Atilio Hernandez
315 W. 9th Street, Suite 700
Los Angeles, CA 9001 5
City of Adelanto
11600 Air Expressway
Adelanto, California 92301
Attn: Brenda Lopez, City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address.

Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
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3.6.2 Ownership of Materials and Confidentiality.

3.6.2.1 Documents & Data: 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, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherv.rise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (" Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement.

Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & 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 & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.6.2.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6.2.3 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information aft.er receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.6.3 Cooperation: Further Acts. The Parties shal\ fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3 .6.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
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3.6.5 Indemnification.

3.6.S. l Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its officials, officers, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, "Claims') in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness tees and attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

3.6.5.2 Additional Indemnity Obligations. To the fullest extent permitted by law, Consultant shall defend, with counsel of City's choosing and at Consultant's own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.6.5 .1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.6.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation oflaw, this Agreement or any interest herein without the prior written consent 10 OMLO: October 2018
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of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.6.12 Construction: References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs arc for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.6.13 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

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

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

3.6.18 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.6.19 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
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3.6.20 Authority Lo Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3 .6.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.7 Subcontracting.

3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

CITY OF ADELANTO
ATTEST:

By:
renda T ,opez
City Clerk
APPROVED AS TO FORM:

By:

Marc Tran
City Attorney

IDEATE CALIFORNIA
By:

President
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EXHIBIT "A"

SCOPE OF SERVICES
ECONOMIC DEVELOPMENT SUPPORT AND ASSISTANCE:

IDEATE shall work with the City of Adelanto to I) increase the City's energy capacity, 2) work to expand the City's Energy Infrastructure, and 3) expand economic development opportunities for the city.

Specifically, IDEA TE shall:

Increase Energy Capacity
Identify existing load capacity issues and load growth need o Provide written recommendations to the City
o As necessary, present recommendations to City Council/Mayor Work with So Cal Edison and Edison International to increase available electricity for the City and its residential and commercial customers.
o Connect with Statewide and Local Edison Representatives o Connect with Statewide and Local decision-makers
Identify alternate strategies to increase load and as necessary engage in most cost effective strategies
o Community Choice Aggregation
Providers- Lancaster
o Imperial Irrigation District
o Nevada Energy
o Direct Access
o Micro-Grids
Expand Energy Infrastructure
Identify long term opportunities for the City
o Municipalization
o Irrigation District
o Micro-Grids/Virtual Power Plan
Develop implementation plans
o Local Campaign
o Statewide Legislation
o MicroGrid RFP
Economic Development
Work with the City management to continue to identify economic opportunities, included but not limited to
o Broadband
o Workforce Investment
o CDPI Expansion/Community Development Centers
o General Business Development
145
146
EXHIBIT "B"

COMPENSATION
Compensation not to exceed Thirty Thousand Dollars. ($30,000.00) IDEATE respectfully requests $30,000 from September 16, 2021 to January 15, 2021. IDEATE shall adjust its $650/hr rate and provide a discounted rate of $250/hr, not to exceed 30 hours a month.

IDEA TE shall submit monthly itemized invoices to City of Adelanto in the amount of $7000 a month beginning October 15th. $2000 shall be due upon execution of this agreement. 147

FIRST AMENDMENT TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT THIS FIRST AMENDMENT (hereinafter, "First Amendment") to that "Professional Consultant Services Agreement" dated September 22, 2021 (hereinafter, the "Master Agreement") by and between CITY OF ADELANTO, a California municipal corporation (hereinafter, "City") and IDEATE, a California S-Corporation (hereinafter, "Consultant"), is hereby made and entered into this 9 1 day of February 2022 ("Effective Date"). For purposes of this First Amendment, the capitalized term "Parties" shall be a collective reference to both City and Consultant. The term "Party" may refer to either City or Consultant, interchangeably as appropriate.

RECITALS
This FIRST AMENDMENT is made and entered into with respect to the following facts:

WHEREAS, on September 22, 2021, the Parties executed and entered into the Master Agreement for Consultant to provide professional economic development consulting services according to the terms and condition set forth in the Master Agreement terminating on January 15, 2022; and
WHEREAS, the Master Agreement is attached and incorporated hereto as Exhibit "A" and amended by way of this First Amendment, and
WHEREAS, the Parties further wish to amend the Master Agreement to expand the General Scope of Services, extend the term, and increase compensation and limit reimbursement for Expenses.

AGREEMENT:

1. Recitals. The preceding recitals are hereby incorporated herein by this reference and are expressly made as covenants of this Agreement. The foregoing recitals are true and correct.

2. General Scope of Services. The Parties hereby amend Section 3.1.1 of the Master Agreement to read as follows:

The First Amendment shall add the following paragraph number two to read as follows:

The General Scope of Services of this Agreement shall be expanded by the First Amendment to the Master Agreement to include the development of an Energy Master Plan, maintenance and expansion of the infrastructure including a water treatment plant, and develop an Urban Forestry Master Plan. -1-
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Therefore, the Master Agreement shall read in its entirety as follows:

Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional public affairs and creative communication support services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3. Term. The Parties hereby amend Section 3.1.2 of the Master Agreement to read as follows:

The First Amendment shall add the following paragraph number two to read as follows:

The term of this Agreement shall be extended six (6) months by the First Amendment to the Master Agreement and shall commence on January 16, 2022 to July 16, 2022, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

Therefore, the Master Agreement shall read in its entirety as follows:

The term of this Agreement shall be from October 1, 2021 to March 31, 2022, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

4. Compensation. The Parties hereby amend Section 3.3.1 of the Master Agreement to read as follows:

The First Amendment shall add the following paragraph number two to read as -2-
149
follows:

Consultant shall receive compensation, excluding authorized reimbursements, for all Services performed under this Agreement at the same hourly rate of two hundred fifty ($250)/hour and not-to-exceed thirty (30) hours a month. Services performed at an hourly rate will count towards the monthly not-to-exceed amount. The monthly not-to-exceed amount will increase from Seven thousand dollars ($7,000) to Seventy-five hundred dollars ($7,500). The total compensation not-to-exceed amount shall increase from Thirty thousand dollars ($30,000) to Forty-five thousand dollars ($45,000) without the written approval of the City Council or City Manager as applicable. Extra work may be authorized, as described in the Master Agreement, and if authorized, will be compensated at the rates and manner set forth in the Master Agreement.

Therefore, the Master Agreement shall read in its entirety as follows:

Consultant shall receive compensation, excluding authorized reimbursements, for all Services rendered under this Agreement at rates set forth in Exhibit "B" attached hereto and incorporated by reference. The total compensation shall not exceed Thirty thousand dollars ($30,000) without written approval of the City Council or City Manager as applicable. Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

5. Reimbursement. The Parties hereby amend Section 3.3.3 of the Master Agreement to read as follows:

The First Amendment shall add the following paragraph number two to read as follows:

Consultant shall not receive reimbursement for any travel and expenses unless prior written authorization is provided by City Manager and the amount shall not exceed One Thousand dollars ($1,000) a month.
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Therefore, the Master Agreement shall read in its entirety as follows:

Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "B" of this Agreement.

6. Entire Agreement. The Master Agreement, together with this First Amendment, embodies the entire understanding between Consultant and City with respect to its subject matter and can be changed only by an instrument in writing signed by Consultant and City.

7. Effect of Amendment. The term "Agreement" when used in this First Amendment or the Master Agreement shall mean the Master Agreement as amended, modified, and supplemented by this First Amendment unless the context would require otherwise. Except to the extent the Master Agreement is modified by this First Amendment, the remaining terms and conditions of the Master Agreement shall remain unmodified and in full force and effect. In the event of conflict, between the terms and conditions of the Master Agreement and the terms and conditions of this First Amendment, the terms and conditions of this First Amendment shall prevail and control.
[SIGNATURES ON FOLLOWING PAGE]
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151
Jessie Flores, City Manager
Date: February 9,2022
c - By: --. By:
andez, President
Date: 3
'
8 '
2022
IN WTINESS WHEREOF, this First Amendment has been executed as of the day and year first set forth above.

CITY OF ADELANTO: IDEATE California:

ATTEST:

Brenda Lopez
City Clerk
Date: February 9,2022
APPROVED AS TO FORM:
l\f\.

Marc Tran, City Attorney
Olivarez Madruga Lemieux O'Neill
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152
EXHIBIT "A"

MASTER AGREEMENT
-6-
153
EXHIBIT "B"
Curriculum Vitae and Overview
-7.
154
2022

SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Economic Development Consulting Services)
(Parties: City of Adelanto and IDEATE California)
THIS SECOND AMENDMENT (hereinafter, "Second Amendment") to that certain agreement entitled "Professional Services Agreement", dated September 22, 2021 (hereinafter, "Master Agreement"), is hereby made and entered into this 12th day of October, 2022 (hereinafter, "Effective Date"), by and between CITY OF ADELANTO, a municipal corporation (hereinafter, "City") and IDEATE CALIFORNIA (hereinafter, "Consultant"). For purposes of this Second Amendment, the capitalized term "Parties" shall be a collective reference to both City and Consultant. The capitalized term "Party" may refer to either City or Consultant interchangeably, as appropriate.

RECITALS
This Second Amendment is made and entered into with respect to the following facts:

SECTION 1. Section 3.1.1 (GENERAL SCOPE OF SERVICES) of the Master Agreement is hereby amended to expand the scope of Services to include the development of an 155
Energy Master Plan, maintenance and expansion of the infrastructure, including a water treatment plant, and development of an Urban Forestry Master Plan.

SECTION 2. Section 3.1.2 (TERM) of the Master Agreement is further amended to extend the Term of the Agreement for an additional six (6) months commencing as of July 17, 2022 through January 16, 2023.

SECTION 3. Section 3.3.1 (COMPENSATION) of the Master Agreement is hereby amended in its entirety to read as follows:

Consultant shall receive compensation, excluding authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" which is attached and incorporated hereto. The total compensation shall not exceed a monthly notto-exceed amount of Five Thousand Dollars ($5,000) (hereinafter "Monthly Not-toExceed") for a total not-to-exceed compensation of One Hundred Five Thousand Dollars ($105,000) (hereinafter "Total Compensation").

SECTION 4. Section 3.3.3 (REIMBURSEMENT FOR EXPENSES) of the Master Agreement is hereby amended in its entirety to read as follows" Consultant shall not receive reimbursement for any travel expenses unless prior written authorization is provided by City Manager. Reimbursement for any travel expenses shall not exceed a monthly not-to-exceed amount of One Thousand dollars ($1,000).

SECTION 5. Except as otherwise set forth in this Second Amendment, the Master Agreement as previously amended by way of the First Amendment shall remain binding, controlling, and in full force and effect. Section 3.6.6 of the Master Agreement notwithstanding, this Second Amendment together with the Master Agreement and the First Amendment, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents. In the event of a conflict or inconsistency between the provisions of this Second Amendment, including any and all attachments to this Second Amendment and the provisions of the Master Agreement or the First Amendment, the provisions of the Second Amendment shall govern and control but only to the extent of the conflict and no further.

SECTION 6. The provisions of this Second Amendment shall be deemed a part of the Master Agreement as previously amended by way of the First Amendment and except, as otherwise provided under this Second Amendment, the Master Agreement as previously amended by way of the First Amendment, and all provisions contained therein shall remain binding and enforceable.
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IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed on the day and year first appearing above.

CITY: CONSULTANT:

CITY OF ADELANTO IDEATE CALIFORNIA, LLC
By:

Jessie Flores, City Manager
Date:10/13/2022
By:

Name:

Title:

Date:

APPROVED AS TO FORM:

By: IS
Marc Tran, City Attorney
Date: October 17, 2022
3 157
EXHIBIT "A"

MASTER AGREEMENT
4 158
2023

THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Economic Development Consulting Services)
(Parties: City of Adelanto and IDEATE California)
THIS THIRD AMENDMENT (hereinafter, "Third Amendment") to that certain agreement entitled "Professional Services Agreement", dated September 22, 2021 (hereinafter, "Master Agreement"), is hereby made and entered into this 22 day of March, 2023 (hereinafter, "Effective Date"), by and between CITY OF ADELANTO, a municipal corporation (hereinafter, "City") and IDEATE CALIFORNIA (hereinafter, "Consultant"). For purposes of this Third Amendment, the capitalized term "Parties" shall be a collective reference to both City and Consultant The capitalized term "Party" may refer to either City or Consultant interchangeably, as appropriate.

RECITALS
This Third Amendment is made and entered into with respect to the following facts:

WHEREAS, on September 22, 2021, the Parties executed and entered into the Master Agreement for Consultant to provide economic development consulting services; and WHEREAS, the Master Agreement was later amended by way of a first amendment (hereinafter "First Amendment"), and approved by the City Council of the City of Adelanto ("City Council") at its Regular Meeting of February 9, 2022, to expand the general Scope of Services, extend the Term, and to increase the compensation and limit reimbursement for Expenses; and WHEREAS, the Master Agreement was later amended by way of a second amendment (hereinafter "Second Amendment"), and approved by the City Council of the City of Adelanto ("City Council") at its Regular Meeting of October 12, 2022, to expand the general Scope of Services, extend the Term, and to increase the compensation and limit reimbursement for Expenses; and
WHEREAS, for purposes of this Third Amendment, the Master Agreement as amended by way of the First and Second Amendment, may be referred to collectively as the "Master Agreement." The Master Agreement is attached and incorporated hereto as Exhibit "A"; and WHEREAS, the Parties now wish to further extend the Term and further increase the compensation; and
WHEREAS, under the terms of the Master Agreement, City agreed to pay Consultant a total Not-to-Exceed Sum of ONE HUNDRED FIVE THOUSAND DOLLARS ($105,000) for all work contemplated under the Master Agreement (hereinafter, "Not-to-Exceed Sum"); and WHEREAS, the Parties wish to increase the total Not-to-Exceed Sum of ONE HUNDRED FIVE THOUSAND DOLLARS ($105,000) by THIRTY THOUSAND DOLLARS ($30,000), for a new total Not-to-Exceed Sum of ONE HUNDRED THIRTY FIVE THOUSAND DOLLARS ($135,000) to cover the extended term of the Agreement.

NOW, THEREFORE, in consideration of the mutual agreements contained herein, and 159
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

SECTION 1. Section 3.1.2 (TERM) of the Master Agreement is further amended to extend the Term of the Agreement for an additional six (6) months commencing as of January 17, 2023 through July 16, 2023.

SECTION 2. Section 3.3.1 (COMPENSATION) of the Master Agreement is hereby amended in its entirety to read as follows:

Consultant shall receive compensation, excluding authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" which is attached and incorporated hereto. The total compensation shall not exceed a monthly notto-exceed amount of Five Thousand Dollars ($5,000) (hereinafter "Monthly Not-toExceed") for a total not-to-exceed compensation of One Hundred Thirty-Five Thousand Dollars ($135,000) (hereinafter "Total Compensation").

SECTION 3. Except as otherwise set forth in this Third Amendment, the Master Agreement as previously amended by way of the First and Second Amendment shall remain binding, controlling, and in full force and effect. Section 3.6.6 of the Master Agreement notwithstanding, this Third Amendment together with the Master Agreement and the First and Second Amendment, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents. In the event of a conflict or inconsistency between the provisions of this Third Amendment, including any and all attachments to this Third Amendment and the provisions of the Master Agreement or the First and Second Amendment, the provisions of the Third Amendment shall govern and control but only to the extent of the conflict and no further.

SECTION 4. The provisions of this Third Amendment shall be deemed a part of the Master Agreement as previously amended by way of the First and Second Amendment and except, as otherwise provided under this Third Amendment, the Master Agreement as previously amended by way of the First and Second Amendment, and all provisions contained therein shall remain binding and enforceable.
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IN WITNESS WHEREOF, the Parties hereto have caused this Third Amendment to be executed on the day and year first appearing above.

CITY:

CITY OF ADELANTO
CONSULTANT:

IDEATE CALIFORNIA, LLC
.m.-- ".+.=..........

By:

Name:Jose Hernandez
By:

Date:

Title: CEO and Founder
Date: 03/23/2023
APPROVED AS TO FORM:

By:

Marc Tran, City Attorney
Date: March 28, 2022
3 161
EXHIBIT "A"

MASTER AGREEMENT
4 162
2023

FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Economic Development Consulting Services)
(Parties: City of Adelanto and IDEATE California)
THIS FOURTH AMENDMENT (hereinafter, "Fourth Amendment") to that certain agreement entitled "Professional Services Agreement", dated September 22, 2021 (hereinafter, "Master Agreement"), is hereby made and entered into this 26th day of July, 2023 (hereinafter, "Effective Date"), by and between CITY OF ADELANTO, a municipal corporation (hereinafter, "City") and IDEATE CALIFORNIA (hereinafter, "Consultant"). For purposes of this Fourth Amendment, the capitalized term "Parties" shall be a collective reference to both City and Consultant. The capitalized term "Party" may refer to either City or Consultant interchangeably, as appropriate.

RECITALS
This Fourth Amendment is made and entered into with respect to the following facts:

WHEREAS, on September 22, 2021, the Parties executed and entered into the Master Agreement for Consultant to provide economic development consulting services; and WHEREAS, the Master Agreement was later amended by way of a first amendment (hereinafter "First Amendment"), and approved by the City Council of the City of Adelanto ("City Council") at its Regular Meeting of February 9, 2022, to expand the general Scope of Services, extend the Term, and to increase the compensation and limit reimbursement for Expenses; and WHEREAS, the Master Agreement was later amended by Way of a second amendment (hereinafter "Second Amendment"), and approved by the City Council of the City of Adelanto ("City Council") at its Regular Meeting of October 12, 2022, to expand the general Scope of Services, extend the Term, and to increase the compensation and limit reimbursement for Expenses; and WHEREAS, the Master Agreement was later amended by way of a third amendment (hereinafter "Third Amendment"), and approved by the City Council of the City of Adelanto ("City Council") at its Regular Meeting of March 22, 2023, to expand the general Scope of Services, extend the Term, and to increase the compensation and limit reimbursement for Expenses; and WHEREAS, for purposes of this Fourth Amendment, the Master Agreement as amended by way of the First, Second and Third Amendment, may be referred to collectively as the "Master Agreement." The Master Agreement is attached and incorporated hereto as Exhibit "A"; and WHEREAS, the Parties now wish to further modify the Scope of Services, extend the Term, and further limit the reimbursement for expenses; and WHEREAS, under the terms of the Master Agreement, City agreed to pay Consultant a total Not-to-Exceed Sum of ONE HUNDRED THIRTY FIVE THOUSAND DOLLARS ($135,000) for all work contemplated under the Master Agreement (hereinafter, "Not-to-Exceed Sum"); and
163
WHEREAS, the Parties wish to increase the total Not-to-Exceed Sum of ONE HUNDRED THIRTY FIVE THOUSAND DOLLARS ($135,000) by NINETY THOUSAND DOLLARS ($90,000), for a new total Not-to-Exceed Sum of TWO HUNDRED TWENTY FIVE THOUSAND DOLLARS ($225,000) to cover the extended term of the Agreement.

SECTION 2. Section 3.1.2 (TERM) of the Master Agreement is further amended to extend the Term of the Agreement for an additional twelve (12) months commencing as of July 17, 2023 through July 16, 2024.

SECTION 3. Section 3.3.1 (COMPENSATION) of the Master Agreement is hereby amended in its entirety to read as follows:

Consultant shall receive compensation, excluding authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" which is attached and incorporated hereto. The total compensation shall not exceed a monthly not-to-exceed amount of Seven Thousand Five Hundred Dollars ($7,500) (hereinafter "Monthly Not-to-Exceed") for a total not-to-exceed compensation of Two Hundred Twenty Five Thousand Dollars ($225,000) (hereinafter "Total Compensation").

SECTION 5. Except , as otherwise set forth in this Fourth Amendment, the Master Agreement as previously amended by way of the First, Second and Third Amendment shall remain binding, controlling, and in full force and effect. Section 3.6.6 of the Master Agreement notwithstanding, this Second Amendment together with the Master Agreement and the First, Second and Third Amendment, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents. In the event of a conflict or inconsistency between the provisions of this Fourth Amendment, including any and all attachments to this Fourth Amendment and the provisions of the Master Agreement or the First, Second and Third Amendment, the provisions of the Fourth Amendment shall govern and control but only to the extent of the conflict and no further.

SECTION 6. The provisions of this Fourth Amendment shall be deemed a part of the Master Agreement as previously amended by way of the First, Second and Third Amendment and except, as otherwise provided under this Fourth Amendment, the Master Agreement as previously 2 164
amended by way of the First, Second and Third Amendment, and all provisions contained therein shall remain binding and enforceable.
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Jessie lores, City anager
1-0 Cg-0
fig i?
By:

Name:

Title:

Date:

IN WITNESS WHEREOF, theTardes hereto have caused this Fourth Amendment to be executed on the day and year first appearing above.

CITY:

CITY OF ADELAINTO
APPROVED AS TO FORM:

By:41:112./11-
Date: c1/1 3/23
CONSULTANT:

IDEATE CALIFORNIA, LLC
Todd titan, it Attorney
4 166
eryr: elk -Tar!" •
Transforming Ideas into Policy and Political Action
August 1, 2023
To . Jessie Flores, City Manager, City of Adelanto
Angel Castellanos, Director of Finance, City of Adelanto Fr: Jose Atilio Hernandez, Founder/CEO IDEATE California Lizette Solorzano, Executive Manager, IDEATE California Re: Scope of Work- 2023/24
The purp6se of this memo is to describe the proposed scope of work IDEATE seeks to perform for the City of Adelanto.

Scope of Work
IDEATE shall work with the City of Adelanto to 1) secure the long term viability of the Adelanto Public Utility Authority (APUA), 2) increase APUA's ability to provide for the expanding Infrastructure of the City of Adelanto, 3) maximize APUA's ability to provide timely electrification for projects, 4) mitigate against issues impacting APUA, the City, and development (Joshua Trees), 5) and develop recommendations to secure additional state wide resources for APUA and the city of Adelanto. Specifically, IDEATE shall:

Expanding Adelanto Public Utility Authority
- In coordination with Adelanto leadership, work to ensure APUA can o Meet wastewater regulatory requirements
o Transition to producing hydrogen/excess power
o Position the department to address timely electrification needs Ensuring for Adequate and Timely Energy Supply
Include APUA in monthly coordination with Southern California Edison to ensure city approved projects are prioritized
o Continue to work with the City and Edison to Identify existing load capacity Issues and load growth need
Position APUA to assess electric needs in the city
o Address immediate needs
o Provide for short term needs
o Ensure for future development
• Work with So Cal Edison and Edison International to increase long term needs for the City and its residential, commercial, and industrial customers.
• Connect with Statewide and Local Edison Representatives 167
* Connect with Statewide and Local decision-makers
- Continue to Identify alternate strategies to increase load and as necessary engage in most cost effective strategies
Securing additional resources for APUA, Adelanto
- Identify existing renewable energy funding sources, Including:
o Hydrogen fuel grants
• Local/federal
o Climate Change Funding
Economic Development
Work with the City management to continue to identify economic opportunities, included but not limited to
o Brightline West
o Broadband
o Workforce Investment
o CDFI Expansion/Community Development Centers
o General Business Development
Fees and Payment
IDEATE respectfully requests $90,000 from August 1, 2023 to July 31, 2024. IDEATE shall adjust Its $750/hr rate and provide a discounted rate of $250/hr, not to exceed 30 hours a month.

IDEATE shall submit monthly itemized invoices to City of Adelanto in the amount of $7500 a month.

All travel/expenses associated with this work shall be itemized separately and only reimbursed upon prior approval from the City of Adelanto. Travel and Expenses shall not exceed $1000 monthly.

Confidential information/ Intellectual Property and Proprietary Rights IDEATE acknowledges that it shall be provided or have access to the confidential business Information and trade secrets of the City of Adelanto, including but not limited to copyrighted material, trade names, trademarks, service Marks, the City of Adelanto's tools, methodologies, trade secrets, business and financial strategies, and other intellectual property of the City of Adelanto ("Confidential Information"). IDEATE understands that the City of Adelanto strictly prohibits the unauthorized use or distribution of any Confidential Information, and that IDEATE shall not use or disclose any such Confidential Information without the prior written consent of the City of Adelanto IDEATE accepts liability for any unauthorized disclosure or use of Confidential Information and recognizes that the improper and impermissible disclosure or use of any Confidential Information and will cause irreparable damage to the City of Adelanto Confirmation of Agreement
This Engagement memo constitutes the entire agreement of the parties and supersedes all prior communications, agreements, and promises, either oral or written. Any modifications to this engagement letter shall be effective only when agreed to in writing by both the City of Adelanto and IDEATE.

Please confirm the City of Adelanto 's agreement to the terms of this Engagement memo by signing a copy of this memo, returning it to us and sending us a copy either via PDF or mail.

ACCEPTED AND AGREED TO THIS 1st DAY OF August, 2023
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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: 9/11/2024
TO: Honorable Chairman, and Public Utility Authority Members FROM: Jessie Flores, Executive Director
BY: Richard Burgess, Engineering Services Manager
SUBJECT: CITY OF ADELANTO 2024 WATER MODEL
STAFF RECOMMENDATION:

Staff recommends that the City of Adelanto adopts the 2024 Water Model study that Albert A. Webb Associates has completed. The comprehensive Water Model will be incorporated into the City’s Water Master Plan.

BACKGROUND:

The objective of this report is to summarize findings from a review of varies Geographic Information System (GIS) databases, land use maps, existing water facilities records, design criteria, and other resources provided by the City to build a hydraulic model. This report also summarizes the methodology used to develop and calibrate a hydraulic model to identify Capital Improvement Plan (CIP) projects needed to meet ultimate buildout conditions. Detailed facility improvement descriptions, cost estimates, and growth projections will be forthcoming by others as part of the development of the Water Master Plan.

FISCAL IMPACT:

The funds were paid for by the APUA, with no impact on the General Fund. The contract price came out to be $109,770.

ATTACHMENTS:

A. Executed Contract
B. Proposal
C. 2024 Water Model Report
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1 2023

CONTRACT SERVICES AGREEMENT
(Contractor: Albert A. WEBB Associates
(Nature of Engagement: Updating City of Adelanto Water Models ) THIS CONTRACT SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ____10_______ day of ____May_____________ 2023 by and between the CITY OF ADELANTO, a municipal corporation (hereinafter, “CITY”) and Albert A.

WEBB Associates (hereinafter, “CONTRACTOR”). For the purposes of this Agreement, CITY and CONTRACTOR may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONTRACTOR interchangeably.

RECITALS
WHEREAS, CITY is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and WHEREAS, CITY requires Updating City of Adelanto Water Models; and WHEREAS, CITY staff has determined that CONTRACTOR possess the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement; and
WHEREAS, the execution of this Agreement was approved by the Adelanto City Council at its Regular Meeting of May 10, 2023.

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

Section 1. Scope of Work.

A. Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide CITY Updating City of Adelanto Water Models. The various tasks and related services to be performed by CONTRACTOR are more specifically described in the CITY’s City of Adelanto Water & Sewer Models (hereinafter the “CITY RFP”) and the written proposal of CONTRACTOR entitled “City of Adelanto Water Model” (hereinafter, the “CONTRACTOR PROPOSAL”) dated April 4, 2023.

The CITY RFP and the CONTRACTOR PROPOSAL are attached and incorporated hereto as Exhibits “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONTRACTOR PROPOSAL. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONTRACTOR PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
171
2 B. CONTRACTOR shall provide all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall perform the Work in accordance with the terms and conditions of this Agreement and in accordance with such other written or verbal directives as may be issued by CITY.

C. By executing this Agreement, CONTRACTOR warrants that CONTRACTOR: (i) has thoroughly investigated and considered the nature of the work, services and tasks to be performed under this Agreement; (ii) has carefully considered how the Work should be performed; and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

CONTRACTOR warrants that CONTRACTOR has or will investigate any location where the Work is to be performed and is or will be fully acquainted with the conditions there existing, prior to undertaking any service or task requested by CITY in the manner described under Section 3, below. Should the CONTRACTOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed, except at CONTRACTOR’s risk until written instructions are received from the City Representative as defined herein.

D. In the event CONTRACTOR ceases to perform the Work agreed to under this Agreement or otherwise abandons any undertaking contemplated herein prior to completion and acceptance of the Work, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONTRACTOR in the performance of this Agreement.

Furthermore, CONTRACTOR shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONTRACTOR’s cessation or abandonment.

Section 2. Term.

A. This Agreement shall have a term of Twelve months (hereinafter, the “Term”). IF WANT TO EXTEND TERM: The Agreement may be extended by the CITY subject to its same terms and conditions for a maximum of [insert No. of extensions] additional one-year extension terms, provided the CITY issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term.

B. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause.

C. CONTRACTOR shall perform the Work continuously and with due diligence.

CONTRACTOR shall cooperate with CITY and in no manner interfere with the Work of CITY, its employees or other consultants, contractors or agents.

D. CONTRACTOR shall not claim or be entitled to receive any compensation or damage because of the failure of CONTRACTOR, or its subcontractors, to have related services or tasks completed in a timely manner. 172
3 E. CONTRACTOR shall at all times enforce strict discipline and good order among CONTRACTOR’s employees.

F. CONTRACTOR, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

G. CONTRACTOR shall complete the services within the term of this Agreement, and shall meet any other established schedules and deadlines.

Section 3. Prosecution of Work.

A. CONTRACTOR shall perform the Work contemplated under this Agreement on an as-needed, as requested basis. Nothing in this Agreement shall be construed to grant CONTRACTOR the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONTRACTOR to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONTRACTOR and accepted by CITY. CITY requests for the performance of specific services or tasks contemplated under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a “Work Order”). Each Work Order shall include the following information:

1. A detailed description of the specific services or tasks requested;

2. The location of where the particular services or tasks are to be performed, if applicable;

3. A not-to-exceed budget for performing the services or tasks;

4. A timeline for completing the requested services or tasks;

5. Any other information CITY deems necessary and relevant to the requested services or tasks; and

6. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.

B. CONTRACTOR shall perform no Work under this Agreement without a written request from the City Representative, containing the information set forth in Section 3(A), above.

C. Time is of the essence in the performance of Work under this Agreement, and in the absence of a specific schedule or other instructions from the City Representative, CONTRACTOR shall begin and complete performance of the Work to completion in a timely and a diligently manner as possible.

Section 4. Compensation.

A. CONTRACTOR shall perform all the Work in accordance with the rates set forth in CONTRACTOR’s April 4, 2023 quote (hereinafter “CONTRACTOR QUOTE”), which is attached and incorporated hereto as Exhibit “C”.

B. CONTRACTOR’s total compensation during the Term of this Agreement shall not 173
4 exceed the annual sum of One hundred and nine thousand, seven hundred and seventy dollars ($109,770) (hereinafter, the “Annual Not-to-Exceed Sum”).

CONTRACTOR further agrees that the Annual Not-to-Exceed Sum is inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall have no right or entitlement to any overage contingency sums authorized by the City Council as part of the approval of this Agreement, unless the City Representative authorizes the expenditure of such overage contingency funds in writing in the City Representative’s sole and absolute discretion.

The Annual Not-to-Exceed Sum will be paid to CONTRACTOR in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONTRACTOR will submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONTRACTO’s monthly compensation is a function of hours worked by CONTRACTOR’s personnel, the invoice should indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.

C. The Annual Not-to-Exceed Sum will be paid to CONTRACTOR in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONTRACT will submit to CITY an itemized invoice indicating the work performed and the tasks completed during the recently concluded calendar month, including the Work and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONTRACTOR’s compensation includes hours worked by CONTRACTOR’s personnel, the invoice shall indicate the number of hours worked in connection with the specific service or task requested, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.

Section 5. Standard of Care. CONTRACTOR represents, acknowledges and agrees as follows:

A. CONTRACTOR shall perform all work skillfully, competently and to the highest standards applicable to the CONTRACTOR’s field;
174
5 B. CONTRACTOR represents and maintains that it is skilled in the professional calling necessary to perform the Services;
C. CONTRACTOR shall perform all work in a manner reasonably satisfactory to the CITY;
D. CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONTRACTOR’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization; E. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; F. All of CONTRACTOR’s employees and agents (including but not limited to CONTRACTOR’s subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement;
G. All of CONTRACTOR’s employees and agents (including but not limited to CONTRACTOR’s subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement; and H. CONTRACTOR shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative. The quality of Services shall meet or exceed those standards established by the CITY or County of jurisdiction.

The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR’s own cost and expense and without any reimbursement from CITY, any services or tasks necessary to correct any errors or omissions caused by CONTRACTOR’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and absolute discretion. The Parties acknowledge and agree that CONTRACTOR’s acceptance of any work performed by CONTRACTOR or on CONTRACTOR’s behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CONTRACTOR has relied upon the 175
6 foregoing representations of CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work in a skillful and competent manner equivalent to, the standard of performance generally recognized as being employed by professionals performing the same type of work and services in the State of California.

Section 6. Representatives.

A. City Representative. For the purposes of this Agreement, the contract administrator and CITY’s representative shall be Saba Engineer (hereinafter, the “City Representative”). It shall be CONTRACTOR’s responsibility to assure that the City Representative 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 City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative.

B. Contractor Representative. For the purposes of this Agreement, Bruce A. Davis is hereby designated as the principal and representative of CONTRACTOR authorized to act on its behalf with respect to CONTRACTOR’s performance under this Agreement and to make all decisions in connection therewith (hereinafter, the “Contractor Representative”). Notice to the Contractor Representative whether written or verbal shall constitute notice to CONTRACTOR. The Contractor’s Representative shall supervise and direct the Services, using their 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.

Section 7. Contractor’s Personnel
A. CONTRACTOR represents that it has, or will secure at its own expense, all personnel required to perform the Work and all other services and tasks necessary for CONTRACTOR to competently and timely complete the improvements contemplated under this Agreement. All Work, services and tasks will be performed under CONTRACTOR’s supervision, and CONTRACTOR’s personnel engaged in the performance of the work, services and tasks contemplated under this Agreement shall possess the qualifications, permits and licenses required by applicable law to perform such work, services and tasks.

B. CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Work.

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 the CONTRACTOR’s performance of the Work, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder.

C. CONTRACTOR shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work.
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7 D. In the event that CITY, in its sole reasonable discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.

E. CONTRACTOR shall be responsible for payment of all employees’ and subconsultants’ wages and benefits and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security.

F. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the performance of the Work contemplated under this Agreement.

Section 8. Substitution of Key Personnel. CONTRACTOR has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement.

Should one or more of such personnel become unavailable, CONTRACTOR may substitute other personnel of at least equal competence upon written approval of CITY.

In the event that CITY and CONTRACTOR cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONTRACTOR at the request of the CITY.

Section 9. Prevailing Wages and General Labor Compliance and Reporting.

A. CONTRACTOR and any subcontractor performing or contracting any portion of the Work shall comply with all applicable provisions of the California Labor Code for all workers, laborers and mechanics of all crafts, classifications or types, including, but necessarily limited to the following:

1. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Work shall constitute a legal day’s work under this Contract. CONTRACTOR and any subcontractor shall pay workers overtime pay (not less than 1 1/2 times the base rate of pay) as required by California Labor Code Section 1815. CONTRACTOR and any subcontractor shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation to the provisions of Article 3 of Chapter 1 of Part 7, Division 2 of the California Labor Code, which is incorporated by this reference as though fully set forth herein.

2. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., CONTRACTOR and any subcontractor under CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director 177
8 of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, CONTRACTOR is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file in the office of the District Secretary, which copies shall be made available to any interested party on request. CONTRACTOR shall post a copy of said prevailing rate of per diem wages at each job site.

B. As required by Section 1773.1 of the California Labor Code, CONTRACTOR shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.

C. To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and payments.

D. CONTRACTOR shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to CITY, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. CONTRACTOR shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate. CONTRACTOR is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and CONTRACTOR and any subcontractor shall fully comply with California Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein.

E. CONTRACTOR and any subcontractor shall maintain and make available for inspection payroll records as required by Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. CONTRACTOR is responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such information as maybe called for under Labor Code Section 1776 and other applicable provisions of State law.

F. CONTRACTOR and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certificate approving CONTRACTOR or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, which is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor 178
9 Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 1777.7, in the event CONTRACTOR willfully fails to comply with the provisions of California Labor Code Section 1777.5, CONTRACTOR shall be denied the right to bid on any public works contract for up to three (3) years from the date noncompliance is determined and be assessed civil penalties.

G. In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860), and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the California Labor Code, CONTRACTOR is required to secure the payment of compensation to its employees and for that purpose obtain and keep in effect adequate Workers' Compensation Insurance and Employers Liability Insurance. If CONTRACTOR, in the sole discretion of the CITY satisfies the CITY of the responsibility and capacity under the applicable Workers' Compensation Laws, if any, to act as self-insurer, CONTRACTOR may so act, and in such case, the insurance required by this paragraph need not be provided.

CONTRACTOR is advised of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and shall comply with such provisions and have Employer’s General Liability limits of $1,000,000 per accident before commencing the performance of the Work of this Contract. The Notice to Proceed with the Work under this Contract will not be issued, and CONTRACTOR shall not commence the Work, until CONTRACTOR submits written evidence that it has obtained full Workers' Compensation Insurance coverage for all persons whom it employs or may employ in carrying out the Work under this Contract. This insurance shall be in accordance with the requirements of the most current and applicable state Workers' Compensation Insurance Laws. In accordance with the provisions of Section 1861 of the California Labor Code, CONTRACTOR in signing this Contract certifies to the CITY as true the following statement: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this contract." A subcontractor is not allowed to commence the Work on the project until verification of Workers’ Compensation Insurance coverage has been obtained and verified by CONTRACTOR and submitted to the City Engineer for the CITY’s review and records.

H. In accordance with the provisions of Section 1727 of the California Labor Code, the CITY, before making payment to CONTRACTOR of money due under a contract for public works, shall withhold and retain therefrom all wages and penalties which have been forfeited pursuant to any stipulation in the contract, and the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except from the final payment, without a full investigation by either the Division of Labor Standards Enforcement or by the CITY.

Section 10. Prohibited Interests. CONTRACTOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide 179
10 employee working solely for CONTRACTOR, to solicit or secure this Agreement. Further, CONTRACTOR warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Section 11. Independent Contractor.

A. All acts of CONTRACTOR, its agents, officers, subcontractors and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not, under any circumstances, be construed or considered to create an employer-employee relationship or a joint venture.

B. CONTRACTOR, its agents, officers, subcontractors and employees are and, at all times during the Term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.

C. CONTRACTOR shall determine the method, details and means of performing the Work. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement.

CONTRACTOR has control over the manner and means of performing the services under this Agreement. CONTRACTOR is permitted to provide services to others during the same period as it provides services to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement.

D. If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.

E. It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of 180
11 CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.

F. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

Section 12. Conflicts of Interest. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with CONTRACTOR in connection with this project. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute.

CONTRACTOR agrees that a clause substantially similar to this Section shall be incorporated into any sub-contract that CONTRACTOR executes in connection with the performance of this Agreement.

Section 13. Non-Discrimination. During the performance of this Agreement, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or set.

CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.

CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform the Work under this Agreement.

Section. 14. Indemnification.

A. To the fullest extent permitted by law, CONTRACTOR hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless CITY and CITY’s elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of CONTRACTOR or any of 181
12 CONTRACTOR’s officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees’ right to recover under this indemnity provision.

CONTRACTOR shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage(s) which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees.

CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.

B. CONTRACTOR’s obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act.

CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to the Indemnities.

C. CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations for the benefit of CITY, CONTRACTOR agrees to be fully responsible and indemnify, hold harmless and defend CITY, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONTRACTOR or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees 182
13 incurred by counsel of CITY’s choice.

D. CITY does not, and shall not; waive any rights that it may possess against CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONTRACTOR agrees that CONTRACTOR’s covenant under this Section shall survive the termination of this Agreement.

E. CONTRACTOR shall fully comply with the workers’ compensation laws regarding CONTRACTOR and CONTRACTOR’s employees. CONTRACTOR further agrees to indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable workers’ compensation laws. CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR as a result of CONTRACTOR’s failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

Section 15. Insurance.

A. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

1. Commercial General Liability Insurance with minimum limits of One Million Dollars ($1,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage.

2. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

3. Worker’s Compensation insurance as required by the State of California.

B. CONTRACTOR shall require each of its sub-consultants or sub-contractors to maintain insurance coverage that meets all of the requirements of this Agreement.

C. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.

D. CONTRACTOR agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR’S expense, the premium thereon.

E. Prior to commencement of Work under this Agreement, CONTRACTOR shall file 183
14 with CITY’s Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement.

F. CONTRACTOR shall provide proof that policies of insurance expiring during the Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.

G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds.

All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY.

CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

H. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the CITY, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

I. All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR’s employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.

J. Any deductibles or self-insured retentions must be approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.

K. If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds.

L. Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR’s liability or as full performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under Section 15 of this Agreement.

M. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient 184
15 to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Agreement effective upon notice.

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

Section 16. Records and Inspection. CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the performance of the Work and enable the CITY to evaluate the performance of the Work.

The Contract Officer 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 records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

Section 17. Termination.

A. Termination for Convenience. CITY may immediately terminate this Agreement for convenience, without cause and without penalty or liability at any time upon the issuance of written notice to CONTRACTOR specifying the effective date of such termination. Such termination for convenience shall be made in writing signed by either the City Representative, the City Manager or the Assistant City Manager.

CONTRACTOR may only terminate this Agreement for cause.

B. Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth in this Section or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) CONTRACTOR’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) CONTRACTOR’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (iv) CONTRACTOR’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) CITY’s discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false or erroneous in any material respect, including any statement, representation or warranty set forth in the Equipment Specifications. 185
16 1. CONTRACTOR shall cure the following Event of Default within the following time periods:
i. Within three (3) business days of CITY’s issuance of a Default Notice for any failure of CONTRACTOR to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONTRACTOR is obligated to provide to CITY or CITY’s employees or agents under this Agreement.

Prior to the expiration of the 3-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or
ii. Within thirty (30) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 30-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 30-day cure period.

If an Event of Default relates to a material falsehood or misrepresentation set forth in the Scope of Work that is not susceptible to a cure, CITY in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by CITY.

2. Except as otherwise specified in this Agreement, CITY shall cure any Event of Default asserted by CONTRACTOR within thirty (30) calendar days of CONTRACTOR’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30-day cure period. Prior to the expiration of the 30-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONTRACTOR shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR’s Default Notice to CITY.

3. CITY, in its sole and absolute discretion, may also immediately suspend 186
17 CONTRACTOR’s performance under this Agreement (or the performance of any specific task or function performed by CONTRACTOR under this Agreement) pending CONTRACTOR’s cure of any Event of Default by giving CONTRACTOR written notice of CITY’s intent to suspend CONTRACTOR’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default.

Upon such suspension, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.

4. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

5. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONTRACTOR, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONTRACTOR, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.

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

6. In the event CITY is in breach of this Agreement, CONTRACTOR’s sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONTRACTOR under this Agreement for completed services and tasks. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement.
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18 7. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

Section 18. Force Majeure. The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR’S sole remedy being extension of the Agreement pursuant to this Section.

Section 19. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONTRACTOR’s and CITY’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.

If to CITY: If to CONTRACTOR:

City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: Engineering
Phone: (760) 246-2300
Albert A. WEBB Associates
3788 McCray Street
Attn: Bruce A. Davis
Phone: (951) 686-1070
Section 20. Prohibition. CONTRACTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY’s prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.

Section 21. Attorney Fees. In the event that CITY or CONTRACTOR commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney’s fees.

Section 22. Entire Agreement. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this 188
19 Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between CITY and CONTRACTOR with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties.

Any modification of this Agreement will be effective only if it is in writing and executed by both CITY and CONTRACTOR.

Section 23. Governing Law; Jurisdiction. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the San Bernardino County Superior Court of the State of California.

Section 24. Severability. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

Section 25. Captions. The captions used in this Agreement are solely for reference and the convenience of the Parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.

Section 26. Execution. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
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20 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF ADELANTO:

By:_______________________________
Name: Jessie Flores
Title: City Manager
Date: May 10, 2023
APPROVED AS TO FORM:

By:____________________________
Paloma McEvoy, City Attorney
Albert A. WEBB Associates:

By:_______________________________
Name:____________________________
Title:____________________
Date:_____________________
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21 EXHIBIT “A”

CITY RFP
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192
I. PURPOSE
City of Adelanto (City) is seeking to retain the services of an experienced and professional engineering firm with expertise in water resources, and sanitary sewer master planning GIS, and experience in developing a road map for the Development Impact Fee (DIF) to formulate the cost of existing and needed infrastructure to serve the developers looking to develop in the City of Adelanto. The City’s water or sewer master plans were last updated in 2008 and expects the consultant to have extensive background in the municipal engineering to assist the City in creating comprehensive water and sewer masterplans that reflect of the existing system and projected improvements needed to support the next 20 years of growth. The City may be limited in having adequate record drawings, We expect the consultant to have the ability to get most of the information by field walks and/or meetings with City staff and the PERC Water operational staff to accurately prepare a comprehensive document defining city’s existing infrastructure and proposed improvements. In addition, we expect the consultant to establish a 20-year capital improvement program for both the water and sewer systems. The primary element in the water master plan update will be an accurate record of existing facilities and system operation at the present time and future operations with added infrastructure.

One of the elements in the water master plan update and new sewer master plan will be the development of a calibrated InfoWater water model and construction of a InfoSewer sewer model for the sewer system, and incorporate water improvements into the model constructed since 2008 and not in the existing water master plan.

II. BACKGROUND
The City of Adelanto (City), California, population 33,391 is located in the High Desert in the Victor Valley region of the Mojave Desert and is situated along the Highway 395 corridor, which was recently widened to help the with City’s expected growth over the next few years.

The City is a Charter City that operates under a Council-Manager form of government.

The Mayor and four City Council members are selected at large with overlapping fouryear terms. The Mayor and City Council appoints the City Manager and City Attorney.

The City is divided into departments that provide a full range of municipal services, including administration, public works, community safety, and community development.

Information regarding the City and its organization, such as governmental structure, services provided, the current Operating and Capital Budgets and Annual Financial Reports are available on the City’s website at www.ci.adelanto.ca.us.

III. SCOPE OF SERVICES
The following is a proposed scope of work for the City of Adelanto’s Water & Sewer Models development and plan development updates.
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2 Task 1 – Project Management
The objective of this task is to plan and execute the project as described above, in accordance with the schedule, budget, and quality expectations that are established. This task includes the following project management work activities:
a) Create and maintain a work plan and project instructions to include organization, roles, responsibilities, schedule, budget, and staff plan for execution of the project; the work plan and project instructions will include a QA/QC plan. b) Hold regular monthly meetings with the City's project manager to discuss schedule, budget, the direction of the project and any needed information or data. Prepare and provide meeting narrative within 1 business day.
c) Document meeting decisions and action items; assign the activities to team members, and follow-up to ensure timely resolution.
d) Monitor project progress including work completed, work remaining, budget expended, schedule, estimated cost of work remaining and estimated cost at completion; manage activities within total project budget. e) Monitor project activities for potential changes, anticipate changes whenever possible, and with City approval, modify project tasks, task budgets, and approach to keep the overall project within budget and on schedule. f) Manage the quality control review of all work activities and project deliverables; note that execution of the QA/QC program will be completed under the appropriate task.

Deliverables:

Consultant shall submit to CITY staff the following for review:

Prepare and submit monthly narrative report, invoice, and schedule.

Task 2 - Resource Documents and Data Review
Consultant shall review all existing water and sewer resources documents including GIS data and mapping, water supply information, previous hydraulic models if any, water supply and distribution information, sewer information and any other relevant data and documents provided by the City or obtained as a result of field walk and interviewing City staff. *Note for Consultants, during the proposal phase, Consultants will be provided a copy of the GIS data and mapping, water supply information, sewer information and any other relevant data and documents will be provided by the City after the Consultant is selected and approved by the City Council. The information provided by the City may be dated or missing some pipelines and infrastructure. Therefore, it is expected that the consultant is experienced and has the working 194
3 knowledge of how a water distribution system and sewer collection system work in order to create the most accurate of the current operating distribution and sewer system which includes existing Reservoirs, Pumping Stations, water Wells, Pressure Reducing Stations, transmission pipelines, Lift Stations, SCADA system, etc.

Task 3 – Update Existing Water and Sewer System GIS Map The purpose of this task is to provide the relevant background information for the water and sewer system analysis and planning. The Consultant will update the water and sewer system description to include any updates in:
• Current water and sewer service area description and boundary definitions, possible future additions to the water / sewer service area
• Existing and future water pressure zones and boundaries • Existing and future sewer service boundaries.

For Task 3 the Consultant shall:
• Catalog the existing facilities including treatment plants, lift stations, pump stations, water rights, transmission and distribution piping, wells, reservoirs, etc. • Review GIS database and as-built drawings for existing facilities.

Water:

Consultant will perform data conversion/update of the City’s water distribution system into ESRI’s geodatabase format. The project involves collecting all source documents (e.g., asbuilt drawings, field notes, system maps), performing data conversion/update for the entire distribution system, linking of scanned documents to GIS features, and creation geometric network functionality. The GIS system should integrate both tabular database attributes (e.g. pipe size, service date, valve information) with the geographical or spatial component.

The GIS should be structured in such a way to provide seamless and efficient integration to support the update of the City’s hydraulic model using Innovyze’s InfoWater software.

Sewer:

Establish a new recommended GIS-based hydraulic modeling application (e.g., InfoSewer by Innovyze) to be used to update the modeling and design tools for the sewer system. Provide cost pricing to acquire and furnish new software applications assuming one floating license, with adequate numbers of links for the City’s modeling system. The sewer system model shall be constructed and calibrated to current existing conditions. All major sewer facilities including data of gravity mains, force mains, and lift stations shall be updated and calibrated on the new modeling and mapping system.
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4 Develop a comprehensive hydraulic model from the compiled data by basin, and shall be calibrated against flow monitoring data. Provide updated and calibrated hydraulic modeling data files to the City.

Develop and provide a testing and training plan for use and operation of the new GIS- based hydraulic modeling application system. (Assuming 2-4 personnel staff to be trained to use modeling application and two full day training sessions).

Consultant to assume 100 hours for reviewing all documents, meeting, and discussing existing water and sewer system and reviewing GIS database and software, and update the City’s GIS database.

Deliverable: Technical Memorandum describing data reviewed and update relevant GIS data to conduct Task 5.

Task 4 - Review Water Demand Estimates and Forecast
The Consultant shall review the water and sewer demands occurring at present time the buildout of City’s service area through 2040.

Task 5 - Update and Calibrate Water System Hydraulic Model and Sewer System The Consultant will utilize InfoWater for the hydraulic modeling task. A similar modeling software may be proposed, so long as it is fully compatible and integrable with City’s Esri ArcGIS environment. Ultimate acceptance of proposed software rests with City staff. Consultant will update sewer system utilizing the proposed software.

Sufficient detail should be added to identify hydraulic constants and predict pipe flows, fire flow, system pressures, and storage water levels. Model verification and calibration shall be performed for summer and winter scenarios. This will include review and verification of current demands, water system operational conditions, and calibration of the model under steady state conditions using measured flow and residual pressures measured during fire hydrant testing.

Model testing and calibration will be done in accordance with the American Water Works Association M32 manual. Further detail and specific model capabilities will be developed between the Consultant and City once the contract has been awarded. Following calibration and validation of the hydraulic model, one day of training, or more as needed, will be administered to City staff so that sufficient understanding of model parameters, assumptions, outputs, etc. is achieved.

Deliverables: One full InfoWater license, fully updated and calibrated InfoWater model, eight hours or more of training for City staff on modifying and using the InfoWater model.

One full InfoSewer license,fully calibrated InfoSewer model eight hours or more of training for City Staff on modifying and using the InfoSewer model.
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5 Task 5 – Water Distribution System Analysis
Consultant, working City staff and Consultants, will develop a series of system performance criteria to analyze existing and future water system infrastructure using the InfoWater model.

The Consultant will complete an analysis of the water distribution system and evaluate the system under existing and future conditions.

Analysis will include:
• Potable water distribution System
• Pressure Zones
• Water age/ water quality analysis
• Effects on water quality and age throughout the distribution system due to water source and seasonal variation in demands
• Water Storage
• Pump stations
• Assessment of Interconnections
Specific scenarios of analysis will be defined during the scoping exercise (assume up to 8 modelling scenarios).

Task 6– Sewer System Analysis
Consultant, working City staff and Consultants, will develop a series of system performance criteria to analyze existing and future sewer system infrastructure using InfoSewer model. The Consultant will complete an analysis of the sewer system and evaluate the system under existing and future conditions.

Task 7 – System Graphics
The Consultant shall provide pdf maps of the existing water distribution system, distribution system at build-out, and a pressure zone map. These will be used by the City in developing a new Domestic Water Master Plan as report graphics. Assume a total of five maps.

The Consultant shall provide pdf maps of existing and updated sewer collection system. These will be used in develop a new Sewer Master Plan as report graphics. Assume a total of five maps.

Task 8 – Ongoing Modeling Support
Consultant shall include in their budget proposal a total of 80 hours (40 for Water and 40 for Sewer) to be used for on-going modeling support. This support may include, but be limited to, assisting with software updates, running simulations to determine impacts of new developments, training, and other support as needed.
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6 Task 9 - Develop a recommended water distribution and sewer collection system replacement, and improvement program where system hydraulic deficiencies are identified from modeling scope of work.

Task 10 - Recommend future capital improvement program for water distribution and sewer collection system and prioritize projects from modelling scope of work.

IV. PROPOSAL CONTENTS
The proposal shall not exceed 30 one sided printed letter size pages in length and be submitted according to the following guidelines. Proposal should include a Cover Letter summarizing the proposal (included as part of the 30 pages).

The proposal should consist of the following major sections, and in the order shown:

1. Firm’s Experience and Project Team’s Past Performance on Similar Local Projects
Provide a brief history of the firm. Provide a brief list of similar projects completed within the last ten (10) years specifically by the proposed team members. Indicate the responsibilities of the proposed team members on the similar projects.

2. Proposed Project Team
Provide the proposed project team members, bios of their experience, and responsibilities on the project. Resume's may be provided in the appendix of the proposal and are not considered part of the 30-page limit. The project manager must remain on the project throughout project duration, unless approved by CITY.

3. Project Understanding and Approach
Provide a narrative of the Consultant’s project understanding and approach.

4. Proposed Scope of Work and Deliverables including Optional Items Provide a list of tasks for the completion of the scope of work. Include in your plan any additional items of work not detailed in the scope of services above. These would include, but not be limited to work items necessary to achieve the objectives of the project. Provide a project schedule outlining the deliverables and key milestones required to deliver the project.

Additionally, Consultant shall provide a proposed fee schedule for services and any subconsultants anticipated, identifying the rate of compensation for all proposed personnel to be used by the Consultant on this project in a separate email titled "Fee Schedule for 198
7 the Preparation of a Hydraulic Model”. In addition, breakdown of the fee proposal into the following categories:
a. Hourly rate schedule
b. Sub consultant Fees (if any)
c. Reimbursable Expenses
d. Total Fees
V. SELECTION PROCESS
A selection committee will review proposals in a timely manner based on the following minimum criteria:

1. Firm’s experience and project team’s past performance on similar projects (25%)

2. Proposed project team (35%)

3. Project understanding and approach (25%)

4. Proposed Scope of Work and deliverables (15%)
CITY will be the sole and exclusive judge of quality and compliance with proposal specifications in any of the matters pertaining to this RFP. CITY reserves the right to award the contract(s) in any manner it deems to be in the best interest of CITY and make the selection based on its sole discretion, including negotiating with one or more of the proposers for the same services.

Deadlines:

Deadline for Submittal of questions 3/17/2023, at 3:00 P.M.

Deadline for submittal of proposal 3/23/2023, at 3:00 P.M.

VI. QUESTIONS
All questions regarding this RFP shall be submitted by email to: Saba Engineer, via email at: [email protected]. The date and time when questions must be submitted by are shown in “Section V – Selection Process” of this RFP.

VII. SUBMITTAL PROCEDURES
Submittals shall comply with all conditions, requirements and specifications contained herein, with any departure constituting sufficient cause for rejection of the proposal at CITY’s sole discretion. Any and all costs incurred in the preparation and presentation of this submittal shall be borne solely by the respondent. All submittals received shall become the property of CITY and will not be returned.

Proposals must be submitted electronically to [email protected]; files larger than 15MB may not be delivered.

VIII. REVIEW OF AGREEMENT FOR PROFESSIONAL SERVICES
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8 The CITY Agreement for Professional Services is attached for review and comments.

Please indicate if the proposed agreement is acceptable to your firm and, if not, what specifically is not acceptable with your firm's proposed changes.

IX. GENERAL ADMINISTRATIVE INFORMATION

1. Each respondent understands and agrees that CITY, its departments, their officers, employees or agents shall not be liable for:
a) Any costs incurred by a respondent in the preparation, delivery or presentation of a proposal.
b) Any costs incurred by a respondent in meeting the criteria as a result of making or submitting a proposal or subsequently in entering into a formal agreement with CITY; and
c) Any errors, inaccuracies or misstatements related to the information or data supplied to any consultant by CITY. The use of such information or data provided by CITY, its officers, employees or agents is intended to be used at the sole discretion and risk of the firm in the preparation of a proposal pursuant to this RFP only.

2. The selected firm shall comply with any and all applicable Federal and State laws pertaining to employment.

3. CITY reserves the right to accept, reject, modify or cancel in whole or in part, this RFP.

4. CITY reserves the right to accept or reject any or all proposals, negotiate modifications to proposals that it deems acceptable, to request and consider additional information from any proposer, and to waive minor irregularities and technical defects in this proposal process. CITY reserves the right to seek new proposals when it determines that it is in the best interest to do so.

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

XI. AWARD CONTRACT
It is the intent of CITY to award a contract to only one firm. The contract will be based upon the negotiated specific rates of compensation.

ATTACHMENTS:
1) CITY Sample Agreement for Professional Services
2) 2008 Domestic Water & Sewer Master Plans
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ATTACHMENT 1

CITY SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
201
1 2022

PROFESSIONAL SERVICES AGREEMENT
(Engagement: INSERT ENGAGEMENT)
(Parties: INSERT CONSULTANT NAME and City of Adelanto)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of __________________ 2022 (hereinafter, the “Effective Date”) by and between the CITY OF ADELANTO, a municipal corporation (hereinafter, “CITY”) and INSERT CONSULTANT NAME, (hereinafter, “CONSULTANT”).

For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.

RECITALS
WHEREAS, CITY requires professional consulting services INSERT THE KIND OF SERVICES REQUIRED; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Adelanto City Council at its Regular Meeting of ___, 2022.

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

ENGAGEMENT TERMS

1.1 SCOPE OF WORK:

A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “INSERT TITLE OF REQUEST FOR PROPOSALS”, (hereinafter, “CITY RFP”) and the written proposal of CONSULTANT entitled “INSERT TITLE OF PROPOSAL” (hereinafter, the “CONSULTANT Proposal”) dated INSERT DATE OF PROPOSAL. The CITY RFP and the CONSULTANT Proposal are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONSULTANT PROPOSAL. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the 202
2 event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.

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

1.2 PROSECUTION OF WORK:

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

1.3 COMPENSATION: CONSULTANT shall perform the Work in accordance with “INSERT TITLE OF COMPENSATION DOCUMENT” (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of INSERT 203
3 WRITTEN AMOUNT ($ INSERT NUMBER) (hereinafter, the “Not-to-Exceed Sum”) during the prosecution of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.

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

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

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

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

II.

PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATIVE: The CITY hereby designates INSERT CITY REPRESENTATIVE (hereinafter, the “City Representative”) to act as its 204
4 representative for the performance of this Agreement. The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement.

CONSULTANT will not accept directions or orders from any person other than the City Representative or their designee.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates INSERT CONSULTANT REPRESENTATIVE, to act as its representative for the performance of this Agreement (hereinafter, “Consultant Representative”).

Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

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

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

A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative;
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of 205
5 performance;
F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.

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

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

2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence 206
6 upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.

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

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

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

2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or 207
7 applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.

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

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

III.

INSURANCE

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

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

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

C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by 208
8 CONSULTANT in the course of carrying out the Work contemplated in this Agreement.

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

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

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

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

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

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

Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All 209
9 certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work. Upon CITY’s written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.

3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this Agreement effective upon notice.

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

IV.

INDEMNIFICATION

4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “CITY Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein.

Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.

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

4.3 CITY shall have the right to offset against the amount of any compensation due to 210
10 CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the CITY Indemnitees under this Article, or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers’ compensation laws.

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

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

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

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

4.8 [ONLY USE IF FOR DESIGN PROFESSIONALS]WORK OF CONSULTANT’S DESIGN PROFESSIONALS SERVICES: The duty to indemnify, defend and hold harmless as set forth under this subsection shall apply to the negligence, recklessness or willful misconduct of any individual who qualifies as a “design professional” within the meaning of subsection (c)(2) of Section 2782.8 of the California Civil Code in so far as such negligence, recklessness or willful misconduct occurs in the performance, work or activities that must be performed by a “design professional.” Subject to the limitation of the preceding sentence, to the fullest extent permitted by law, CONSULTANT shall immediately defend and 211
11 indemnify and hold harmless the CITY Indemnities, defined above, from and against any and all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT’s officers, employees, servants, agents, contractors, subcontractors or authorized volunteers or any other person or entity involved by, for, or with or on behalf of CONSULTANT in the performance of design professional services under this Agreement. The Parties understand and agree that the duty of CONSULTANT to indemnify, defend and hold harmless pursuant to this subsection includes the duty to defend as set forth in Section 2778 of the California Civil Code. CONSULTANT’s obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then CONSULTANT’s indemnification obligation shall be reduced in proportion to the established comparative liability.

4.9 WORK OF ALL OTHER PERSONS/NON-DESIGN PROFESSIONALS: Except as otherwise provided under Section 4.2 of this Article, above, to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature to the extent caused by CONSULTANT’s negligent performance under this Agreement, including but not limited to the negligent acts, errors or omissions of CONSULTANT or CONSULTANT’s officers, employees, agents, servants, contractors, subcontractors or subconsultants or the failure of the same to comply with any of the duties, obligations or standards of care set forth herein. The duty to indemnify, defend and hold harmless under this subsection shall not encompass a duty to indemnity, defend or hold harmless for liability, loss, suit, damage, expense, or cost caused by the negligence or willful misconduct of any or all of the CITY Indemnitees. The duty to indemnify, defend and hold harmless as set forth under this subsection is intended to encompass liabilities, losses, damages, expense and costs not otherwise subject to subsection 4.2, above.

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

4.11 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, the obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents and authorized volunteers. 212
12 4.12 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents and authorized volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.

4.13 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

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

TERMINATION

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

CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1, below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.

CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
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13 5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C, below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

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

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

In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely 214
14 perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.

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

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

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

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

F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or 215
15 available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.

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

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

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

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

VI.

MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in 216
16 the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

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

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

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

CONSULTANT: CITY:

INSERT CONSULTANT NAME

INSERT ADDRESS
Attn: INSERT PERSON OF

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

6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are 217
17 reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

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

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

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

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

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

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

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

6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this 218
18 Agreement inure exclusively to the Parties.

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

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

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

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

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

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

6.16, above.

6.20 FORCE MAJEURE: The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance 219
19 of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.

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

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

CITY OF ADELANTO:

By:_______________________________
Name:____________________________
Title:____________________
Date:_____________________
APPROVED AS TO FORM:

By:____________________________
Marc Tran, City Attorney
CONSULTANT NAME:

By:_______________________________
Name:____________________________
Title:____________________
Date:_____________________
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21 EXHIBIT “A”

CITY RFP
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22 EXHIBIT “B”

CONSULTANT PROPOSAL
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ATTACHMENT 2
2008 Water and Sewer Plans
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City of Adelanto Water µ
Aerial Map
1 in = 1,166 ft
226
1 City of Adelanto Water Model
February 28, 2023
ADDENDUM #1
The attached constitutes additional information and serves to clarify issues considered to be part of the City of Adelanto Water Model.

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 Water Model.

I. PURPOSE
City of Adelanto (City) is seeking to retain the services of an experienced and professional engineering firm with expertise in hydraulic modeling and GIS, to assist the City in updating their Domestic Water Master Plan (DWMP). The City’s water master plan was last updated in 2008, and development has occurred since then. In order to update the 2008 DWMP and identify projected improvements needed to support the next 20 years of growth the City needs a current hydraulic model. The City may be limited in having adequate record drawings; therefore, the City expects the consultant to have the ability to get much of the information by field walks and/or meetings with City staff.

One of the elements in the DWMP update will be the development of a calibrated InfoWater water model. That model will include all water facilities 12-inch and larger from the water model contained in the 2008 DWMP, and the 12-inch and larger facilities added to the water system since 2008.

The City is a Charter City that operates under a Council-Manager form of government.

The Mayor and four City Council members are selected at large with overlapping four-year terms. The Mayor and City Council appoints the City Manager and City Attorney. The City is divided into departments that provide a full range of municipal services, including administration, public works, community safety, and community development. Information 227
2 regarding the City and its organization, such as governmental structure, services provided, the current Operating and Capital Budgets and Annual Financial Reports are available on the City’s website at www.ci.adelanto.ca.us.

III. SCOPE OF SERVICES – DOMESTIC WATER SYSTEM HYDRAULIC MODEL The following is a proposed scope of work for the development of the City of Adelanto’s water system computer model.

Task 1 – Project Management
The objective of this task is to plan and execute the project as described above, in accordance with the schedule, budget, and quality expectations that are established. This task includes the following project management work activities:
a) Create and maintain a work plan and project instructions to include organization, roles, responsibilities, schedule, budget, and staff plan for execution of the project; the work plan and project instructions will include a QA/QC plan. b) Attend regular monthly meetings with the City's project manager to discuss schedule, budget, the direction of the project and any needed information or data. c) Monitor project progress including work completed, work remaining, budget expended, schedule, estimated cost of work remaining and estimated cost at completion; manage activities within total project budget. d) Monitor project activities for potential changes, anticipate changes whenever possible, and with City approval, modify project tasks, task budgets, and approach to keep the overall project within budget and on schedule. e) Manage the quality control review of all work activities and project deliverables; note that execution of the QA/QC program will be completed under the appropriate task.

Deliverables:
• Consultant shall submit to CITY staff the following for review:
• Prepare and submit monthly narrative report, invoice, and schedule.

Task 2 - Resource Documents and Data Review
Consultant shall review all existing water resources documents including GIS data and mapping, water supply information, previous hydraulic models if any, water supply and distribution information, and any other relevant data and documents provided by the City or obtained as a result of field walk and interviewing City staff.
*Note for Consultants, during the proposal phase, Consultants will be provided a copy of the water system data and mapping, water supply information, and any other relevant data and documents will be provided by the City after the Consultant is selected and approved by the City Council.

The information provided by the City may be dated or missing some pipelines and infrastructure.

Therefore, it is expected that the consultant is experienced, and has the working knowledge of, how a water distribution system works including storage reservoirs, pumping stations, water Wells, pressure reducing stations, and distribution/transmission pipelines.

Task 3 – Update Existing Backbone Water System GIS Map
The purpose of this task is to provide the relevant background information for the water system analysis and planning. The Consultant will update the water system description to include any 228
3 updates in:
• Existing and future water pressure zones and boundaries • Existing and future wall supplies (i.e. new wells, inter-agency connections) For Task 3 the Consultant shall:
• Catalog the existing water facilities 12-inch and larger. • Review GIS database and as-built drawings for existing water facilities 12-inch and larger. • Consultant will perform data conversion/update of the City’s water distribution system into ESRI’s geodatabase format. This will involve collecting all source documents (e.g., as-built drawings, field notes, system maps), performing data conversion/update for all of the water pipelines 12-inch and larger (Backbone System) in the water distribution system. The GIS attributes that will be required for the Backbone System should integrate both tabular database attributes (e.g., pipe size, material, and date of installation) with the geographical or spatial component. • The GIS should be structured in such a way to provide seamless and efficient integration to support the update of the City’s hydraulic model using Innovyze’s InfoWater software. • Develop and provide a testing and training plan for use and operation of the new GISbased hydraulic modeling application system. (Assuming 2-4 personnel staff to be trained to use modeling application and two full day training sessions).

Consultant to assume 100 hours for reviewing all documents, meeting, and discussing existing water system and reviewing GIS database and software, and update the City’s GIS database for the Backbone System only.

Deliverable: Technical Memorandum describing data reviewed and update relevant GIS data to conduct Task 5.

Task 4 - Review Water Demand Estimates and Forecast
The Consultant shall review the water demands occurring at present time, and at buildout of City’s service area through 2040, provided by the City’s Project Manager. These demands will be used in evaluating the Backbone System to determine if there any current hydraulic deficiencies. The Consultant will be provided with demands under ultimate build out conditions, and will use that information to identify additional facilities, 12-inch and larger needed to accommodate the future build out condition. This would also include identifying additional water supply (i.e., wells, or interagency connections), reservoirs, pump stations, and other appurtenances.

Task 5 - Update and Calibrate Water System Hydraulic Model The Consultant will utilize InfoWater for the hydraulic modeling task. A similar modeling software may be proposed, so long as it is fully compatible and integrable with City’s Esri ArcGIS environment. Ultimate acceptance of proposed software rests with City staff. Consultant will update sewer system utilizing the proposed software.

Sufficient detail should be added to identify hydraulic constants and predict pipe flows, fire flow, system pressures, and storage water levels. Model verification and calibration shall be performed for summer and winter scenarios. This will include review and verification of current demands provided by the City, water system operational conditions, and calibration of the model under steady state conditions using measured flow and residual pressures measured during fire hydrant testing.

Model testing and calibration will be done in accordance with the American Water Works 229
4 Association M32 manual. Further detail and specific model capabilities will be developed between the Consultant and City once the contract has been awarded. Following calibration and validation of the hydraulic model, one day of training, or more as needed, will be administered to City staff so that sufficient understanding of model parameters, assumptions, outputs, etc. is achieved.

Deliverables: One full InfoWater license, fully updated and calibrated InfoWater model, eight hours or more of training for City staff on modifying and using the InfoWater model.

Task 6 – Water Distribution System Analysis
Consultant, working City staff and the City’s Project Manager, will develop a series of system performance criteria to analyze existing and future water system infrastructure using the InfoWater model.

Specific scenarios of analysis will be defined during the scoping exercise (assume up to 8 modelling scenarios).

Task 7 – Water System Graphics
The Consultant shall provide pdf maps of the existing water distribution system, distribution system at build-out, and a pressure zone map. These will be used by the City in developing a new Domestic Water Master Plan as report graphics. Assume a total of five maps.

Task 8 – Ongoing Modeling Support
Consultant shall include in their budget proposal a total of 40 hours to be used for on-going modeling support. This support may include, but be limited to, assisting with software updates, running simulations to determine impacts of new developments, training, and other support as needed.

ATTACHMENTS:
1) CITY Sample Agreement for Professional Services
2) 2008 Domestic Water Master Plan

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

Bidder: _________________________________________________ By: ____________________________________________________ 230
City of Adelanto Water Model
MARCH 21, 2023
ADDENDUM #2
The attached constitutes additional information and serves to clarify issues considered to be part of the City of Adelanto Water Model
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:
• Proposal submittal day has been extended to Tuesday, April 4 , 2023 by 3:00 PM.
• Submittal packages will be acceptable in electronic, pdf format. All submittal requirements must be met and evaluators will continue to review submittals and recommend award based on RFP “Submittal Requirements” section along with the fee proposal.

__ ____________________
Saba Engineer, P.E., City Engineer
Receipt acknowledged and conditions agreed to this _______ day of ___________2023.

Bidder: _________________________________________________ By: ____________________________________________________

231
1 EXHIBIT “B”

CONTRACTOR PROPOSAL
232
Prepared for
Proposal to Provide
City of Adelanto
Water Model
March 27, 2023
233
Cover Letter........................................................................................1 Section 1. Firm’s Experience and Similar Projects..............................2 Section 2. Proposed Project Team......................................................8 Section 3. Project Understanding and Approach..............................12 Section 4. Proposed Scope of Work and Deliverables......................16 Appendix A. Resumes.....................................................................A-1 Appendix B. Addendum Acknowledgment .....................................B-1 Table of Contents
234
1 www.webbassociates.com
March 27, 2023
City of Adelanto
Attn: Saba Engineer, PE
11600 Air Expressway
Adelanto, CA 92301
RE: Request for Proposals for City of Adelanto Water Model Dear Mr. Engineer:

Enclosed is Albert A. Webb Associates’ (WEBB) proposal to provide engineering services for the City of Adelanto (City) Water Model project.

This WEBB Team fully understands the importance of updating the 2008 water master plans to create comprehensive water master plans that reflect of the existing system and projected improvements needed to support the next 20 years of growth for the City. This WEBB Team has extensive experience in water modeling and master planning and estimating ultimate water demands, developing water facility plans, water modeling and water design, and developer impact fee analysis and assessment.

Success Factors
In order to be successful on the City’s project, WEBB has identified the following success factors:
• A water model calibrated to an acceptable accuracy
• Water modeling for various ultimate water demand scenarios • A team with a proven track record for GIS analysis, water modeling, water master plans, and water system understanding and design
WEBB has extensive experience with GIS analysis, water modeling and analysis, and water master planning. Each member of the WEBB Team has significant experience in their individual field/tasks, bringing value to the City every step of the way.

Project Interest
WEBB is proposing on this RFP because we believe our firm can bring real value to the City based on our experience in performing water master planning studies for a number of similarly sized public agencies including, but not limited to:
• Edgemont Community Services District
• Jurupa Community Services District
• Rubidoux Community Services District
• Eastern Municipal Water District
• Crestline Lake Arrowhead Water Agency
• City of Imperial
On behalf of our entire project team, I would like to thank the City of Adelanto for this opportunity to submit our proposal for this very important project. We look forward to discussing our team, our approach, and our ideas with you in greater detail.

Our team members will remain available throughout the duration of the projects. As a result, you can be confident your updated Water Model will be successfully completed in a timely and professional manner. We look forward to the opportunity of working together. If you have any questions regarding our proposal, please contact me directly at 951.686.1070, or by email at [email protected].

WEBB acknowledges Addendum No. 1, dated February 28, 2023. A signed acknowledgment can be found in Appendix B.

Sincerely,
Bruce A. Davis, PE
Senior Vice President
[email protected]
Corporate Headquarters
3788 McCray Street
Riverside, CA 92506
T: 951.686.1070
235
2 Section 1. Firm’s Experience and Similar Projects
WEBB is eager to collaborate with the City of Adelanto (City) to provide engineering and design services for the City’s Water Model.

This WEBB Team fully understands the importance of this project to the City’s overall goals. WEBB’s Team has the technical expertise, resources, knowledge, and most importantly, the commitment to complete your project on-time and within budget.

Firm Background
• Long-standing financially stable civil engineering and planning firm since 1945 • Over 180 associates and the in-house expertise to address all client needs • WEBB offers a broad range of services to meet the objectives of our clients which include project development, planning, design, entitlement, funding, permitting, construction management, and inspection. • Multiple disciplinary firm capable of providing all required services » Water Resources
» Construction Management and Inspection
» Land Development Planning & Entitlement
» Land Development Engineering
» Traffic and Transportation Engineering
» Environmental Services
» Land Survey and Mapping Services
» Landscape Architecture
» Geographic Information Systems
Experience and References
• Extensive experience in wastewater master plans for public agencies by the assigned team • Strive to reach client’s project goals and responsive to client requests and needs • Superior quality work, integrity, and long-standing client relationships Project Team
• Assigned Principal-in-Charge, Bruce Davis, PE, specializes in managing multiple disciplines • Project Manager, Kris Danielson, PE, will implement the City’s project • Key personnel will be available as proposed for the duration of all projects • Project teams working together on similar projects from our corporate office • Trusted Technical Partner in AQUA Engineering working together for over ten years on multiple planning and design projects
Work Plan
• Understanding the overall project and required scope of services • Quality control embedded in every stage of project development • Assignment of highly qualified project manager and resources to complete the project Project Schedules
• Determination of project’s critical path and allocating resources to complete project on time • Creating a summary schedule to evaluate cumulative impact to WEBB and City resources • Close coordination and communication is a fundamental principle to maintaining the project time frame 236
3 WEBB recently prepared the Water Master Plan for the Jurupa Community Services District (District). This project is an update of the 2005 Water Master Plan with the goal to provide a comprehensive Water Master Plan that enables the District to strategize planning and budgeting efforts to implement water system enhancements to maintain a high level of distribution, reliability, and efficiency for current and future demands and emergency situations.

Experience in water master planning is highly desirable to secure the District’s long-term and sustainable water supply and infrastructure.

Key components in the development of this Water Master Plan update include, but are not limited to:
• Planning for the District’s long-term water supply needs • Develop the District’s potable water system hydraulic model • Review the District’s water quality monitoring plan and evaluate it for conformance to regulatory requirements
• Review of existing, new, and upcoming water system laws and regulations, paying particular attention to water quality laws and regulations and their effect on the District’s water system
• Development of a Capital Improvement Program (CIP) and implementation schedule, a financial plan to ensure the effective management, operation, maintenance, rehabilitation, replacement, and development of the District’s water facilities
• Incorporate the cities of Jurupa Valley and Eastvale projected land use designation to determine water demand information
• SCADA automation and energy efficiency
• Review and updating the District’s water fees and rates to ensure adequate funding for the proposed improvements and planned increases in water supply rates and charges. The future plan must include current and projected water quality data trends to help the District plan for future water treatment needs. Future planning and evaluation must also include future statewide programs such as the Dry Year Yield (DYY), SARCUP Program, and storage framework
• Water Quality Master Plan - WEBB performed a comprehensive water quality assessment of the anticipated TDS levels within the distribution system under various well TDS level assumptions for current year and into the future. This analysis was done using InfoWater’s water quality functions and future estimates of well TDS levels based on basin modeling. Treatment, blending and alternate supplies are being planned and prioritized based on this analysis.

Master Water Plan
Jurupa Community Services District
Role and Relationship of the Firm:

Engineering Consultant

Dollar Value of the Services/Fee:
$325,500
Staffing:

Kris Danielson, PE
Bradley Sackett, PE
Bruce Davis, PE
Joseph Caldwell, PE, CPESC,

CPSWQ, QSD, QSP, CFM
Chandler Drachslin, EIT
Duration of Providing Services:
2020
Client Contact:

Eddie Rhee, PE, Engineering Manager
Jurupa Community Services District
11201 Harrel Street
Jurupa Valley, CA 91752-3715
951.685.7434 x 118
[email protected]
Relevant Project Experience
237
4 The purpose of these standard specifications is twofold. The first purpose is to ensure water and sewer facilities constructed for the District are complete, correctly operating, and in compliance with government codes and good water and wastewater industry practice. The protection of public health and safety is of utmost importance. The second purpose of this Standards Manual is to provide interested parties with the District’s procedures, policies, and requirements in order to aid in the cost effective planning, design and construction of water and wastewater facilities within the District.

Water and Sewer Standards Manual
Jurupa Community Services District
Role and Relationship of the Firm:

Engineering Consultant
Staffing:

Kris Danielson, PE
Bruce Davis, PE
Duration of Providing Services:
2019-2020
Client Contact:

Eddie Rhee, PE, Engineering Manager
Jurupa Community Services District
11201 Harrel Street
Jurupa Valley, CA 91752-3715
951.685.7434 x 118
[email protected]
Figure 1 - JCSD Sewer System Tributary Areas
Source: Riverside Co. GIS, 2018.
þ}60
þ}60
§¨¦15
§¨¦15

VAN BUREN BLVD

MISSION BLVD

PEDLEY RD

LIMONITE AVE

GALENA ST JURUPA RD

PHILADELPHIA AVE

WINEVILLE AVE

HAMNER AVE

SUMNER AVE

ETIWANDA AVE

CAMINO REAL

SCHLEISMAN RD

WINEVILLE RD

CLEVELAND AVE

FELSPAR ST

ARMSTRONG
RD

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CLAY ST

ARCHIBALD AVE

HELLMAN AVE

CITRUS ST

GRANITE HILL DR

BAIN ST

MISSION BLVD
68TH ST

LIMONITE AVE
City of Riverside
Water Quality
Control Plant
Orange County
Santitation District
Western Riverside County
Regional Wastewater
Treatment Plant
G:\Proposals\FORMAL PROPOSALS\Jurupa Community Services District\013267 - Master Sewer Plan\GIS\Fig1_Trib_Areas.mxd; 24 Oct 2018 Jurupa Community Services District
I
0 1 2 3 4
Miles
238
5 WEBB is prepared the Water Master Plan (WMP) for the City of Imperial (City).

The City’s most current WMP was prepared in 2006. The 2006 WMP is not representative of current conditions because it was based upon population projections, land use, and development plans that were very aggressive compared to the reality experienced after the 2008 housing crisis. Since then, many development projects have been delayed and/or canceled.

In addition, many developments have revised their densities to adjust for changing market conditions. This WMP will be a valuable tool to assist with budgeting for future maintenance, replacement, and improvement projects for the City’s water facilities. The WMP will not only aid in financial planning but will help prioritize facility improvements to meet existing and projected demands. WEBB’s scope of work includes the following tasks:

Key components of the development of this WMP update include, but are not limited to:
• Inventory of Existing Facilities
• Service Area Evaluation
• Design Criteria
• Model Development
• Hydraulic Analysis
• Alternative Assessment
• Capital Improvement Plan
• Routine Maintenance Plan
• Master Plan Report
Water Master Plan
City of Imperial
Role and Relationship of the Firm:

Engineering Consultant

Dollar Value of the Services/Fee:
$181,332
Staffing:

Kris Danielson, PE
Bruce Davis, PE
Joseph Caldwell, PE, CPESC,

CPSWQ, QSD, QSP, CFM
Chandler Drachslin, EIT
Duration of Providing Services:
2020-2021
Client Contact:

Jackie Loper
Director of Community Development
City of Imperial - Public Works
420 South Imperial Avenue
Imperial, CA 92251-1637
760.355.1152
[email protected]
239
6 The WEBB Team has recently completed the Water Master Plan for the District. The update is a comprehensive update of the water master plan, along with updating the sewer master plan and preparing the urban water master plan, all on consistent data and land use assumptions. The plan is being developed for a fee nexus to the development impact fee and conditioning new development. The District’s service area is approximately 5,400 acres in the northeast corner of the City of Jurupa Valley. The District services approximately 37,000 people and is governed by an elected Board of Directors. The District has approximately 67 miles of gravity main ranging in size from 6-inches to 30-inches in diameter, five lift stations, and conveys its sewage to a regional treatment plant.
·|þ}60
·|þ}91

PERALTA PL

MISSION BLVD
20TH ST

RUBIDOUX BLVD
42ND ST
26TH ST
24TH ST
CANAL
ST

PACIFIC AVE

AVALON ST

RIVERVIEW DR

MARKET ST
46TH ST
34TH ST

BROWN AVE
AVENUE

JUAN DIAZ

WILSON ST

AGUA MANSA RD

LIMONITE AVE

WALLACE ST

HOLLY ST
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8'
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6'' 16''
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Sources: RCSD GIS. 2021; NAIP 2016
H:\2021\21-0012\GIS\RCSD Water Model Features.aprx Map created 19 Apr 2022 I 0 0.3 0.6Mi
LEGEND
RCSD Current Service Area
Ultimate Model Junctions
Ultimate Model Waterlines
2021 Water Master Plan
Rubidoux Community Services District
Role and Relationship of the Firm:

Engineering Consultant

Dollar Value of the Services/Fee:
$299,500
Staffing:

Kris Danielson, PE
Bradley Sackett, PE
Bruce Davis, PE
Chandler Drachslin, EIT
Duration of Providing Services:
2021-2022
Client Contact:

Ted Beckwith
Director of Engineering
Rubidoux Community Services
District
3590 Rubidoux Boulevard
Riverside, CA 92509
951.684.7580
[email protected]
240
7 Water Master Plan
Crestline Lake Arrowhead Water Agency
UTUT
UTUT
UT
UT
UT UT
UT
UT
UT
UT UT
UT
UT
UT UT
UT
M"
M" M"
M"
BÍ
BÍ
Booster Station No. 4
Booster Station No. 3 Booster Station No. 2
Booster Station No. 1
vika Booster Station
Paivika
Blue Jay
Agua Fria Tank
Burnt Mill Tank
Grand View I & II
Strawberry Tank
Great View Tank
Crestline I & II
Peak Plantation
Clearwell I & II
Meadowbrook
Arrowhead Highlands Tank
Strawberry Flats
Nob Hill
Green Valley
24''
16'' 14''
18''
10''
12''
20''
8''
8''
14''
20'' 24''
24''
8''
8''
16'' 16''
8''
Content may not reflect National Geographic's current map policy. Sources: National Geographic, Esri, DeLorme, HERE, UNEP-WCMC, USGS, NASA, ESA, METI, NRCAN, GEBCO, NOAA, increment P Corp.

I
6,000 12,000
Feet
Plate 4 - Existing Facilities
Water Facilities Master Plan
erside Co. GIS, 2017;
2016.

END
V
mp Station
LAWA Tank
terline-Transmission
terlines-Retail
WEBB has completed the Agency’s 2005 and 2010 WMPs and the 1995 and 1990 UWMPs. WEBB has also completed the Urban Water Shortage Contingency Plan in 1992. The 2018 WMP included the following tasks:

Inventory of existing facilities, service area evaluation, design criteria, model development, hydraulic analysis, alternative assessment, capital improvement plan, routine maintenance plan, and master plan report. The Agency’s facilities includes a Water Treatment Plant (WTP), turnouts, pressure stations, water storage reservoirs, booster stations, transmission pipelines, and distribution pipelines. Site visits were included in this work to conduct a visual inspection for obvious signs of deficiencies or deterioration. WEBB has been working with the Agency to develop a GIS database of water pipes, valves, and appurtenances.

This data was imported into InfoWater® modeling software by Innovyze® and a GIS model was built. The Agency’s Operations Staff has been collecting GIS data with handheld data collectors for meters, fire hydrants, valves, and other facilities. WEBB based pipeline elevations on the GIS point data collected and interpolate elevation for areas in between. Lastly, WEBB prepared a Routine Maintenance Plan which included recommendations for storage facilities, booster stations/pumping units, transmission pipelines, distribution pipelines, SCADA system, disinfection and treatment facilities.

Role and Relationship of the Firm:

Engineering Consultant

Dollar Value of the Services/Fee:
$112,000
Staffing:

Kris Danielson, PE
Duration of Providing Services:
2018-2019
Client Contact:

Roxanne Holmes
General Manager
Crestline Lake Arrowhead Water
Agency
24116 Crest Forest Drive
Crestline, CA 92325
909.338.1779
[email protected]
241
8 Section 2. Proposed Project Team
The following chart provides an overview of key personnel who will be responsible for the City’s project. All WEBB civil engineers are licensed in the State of California. All team members, including the project manager, will be available for the duration of the City’s project.

GIS MAPPING AND

DATA ANALYSIS
Chandler Drachslin
Assistant Engineer

PRINCIPAL-IN-CHARGE
Bruce Davis, PE
Senior Vice President
C 47200

TECHNICAL ADVISORS
Joseph Caldwell, PE, CPESC,

CPSWQ, QSD, QSP, CFM
Water Resources Practice Leader
C 67239
Bradley Sackett, PE
Senior Engineer
C 65862

PROJECT MANAGER
Albert A. Webb Associates
Kris Danielson, PE
Senior Engineer
C 79743

HYDRAULIC MODELING

ANALYSIS
Elizabeth Xiong
Associate Engineer
C 94706
Darin Hawkes, PE
Principal (AQUA)
Utah 5252489-2203
Nick Graue, PE
Senior Engineer (AQUA)
Utah 10638374-2202
242
9 Knowledge, experience, and responsiveness are key elements of a strong team needed to exceed the City’s goals and expectations for future projects. WEBB has a team of professionals that will deliver these key elements to your project. “I will lead the City’s project with a
“hands on” approach to ensure on-time
delivery and quality of all deliverables.

WEBB’s experience with multiple water
master plans throughout Inland Southern
California will be of great benefit to the
City’s project. ”
- Kris Danielson, PE
Kris Danielson, PE, will serve as Project Manager, will be the City’s primary point-of-contact and maintain full responsibility for the project. Kris will act as an extension of the City to ensure a successful outcome of this project from beginning to end. This will include a strict adherence to the project schedule and QA/QC standards that will be developed and maintained at the project’s onset. Kris will be supported by a highly qualified project team which has in-depth knowledge of the project and protocols. WEBB will use all available resources to complete the water modeling work in a professional and timely manner, including our partner engineering firm, AQUA Engineering. The experience of this team will improve overall project management, reduce the opportunity for costly mistakes and delays, and provide very effective and efficient services.

Our assigned project team consists of senior level professionals who will perform the required tasks for the City. By taking this hands-on approach, an experienced professional always has in-depth and intimate knowledge of each project task.

This improves overall project management, reduces the opportunity for costly mistakes and delays, and allows our staff to provide very effective and efficient service to you. Coordination is critical for your civil engineering projects. Every project assigned to WEBB will include principal involvement.

Kris will maintain direct and continued responsibility for services provided under the duration of the contract. He will manage the day-to-day activities throughout project completion. Our team members are readily available to you and remain accessible throughout the project to the extent required to successfully complete it. Our key personnel will be available to the extent proposed for the duration of the project acknowledging that no person designated as “key” to the project shall be removed or replaced without the prior written concurrence of the City.

Resumes for all Key Personnel are located in Appendix A.

Kris Danielson, PE
Senior Engineer
[email protected]
T: 951.686.1070
F: 951.788.1256
• Twenty years of pertinent experience with WEBB
• Has successfully worked with all team members
• Extensive background on hydraulic modeling projects
• Strong technical background on sewer facilities
planning and implementation
Project Manager Highlights
Project Manager Overview
243
10 PROJECT ROLE
Principal-In-Charge

REGISTRATIONS
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 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.

Bruce Davis, PE
Senior Vice President
Bradley A. Sackett, PE
Senior Engineer
Bradley Sackett, PE, is a Senior Engineer and Project Manager with WEBB’s Water Resources Department. Brad specializes in assisting major public agencies with a wide variety of water resource projects. Clients seek his expertise with pumping facilities, water pipeline design, gravity sewer main design, water and sewer system master plans, hydraulic modeling analysis, and sewer resource plans for Specific Plan Environmental Impact Reports (EIRs), among other projects.

Brad has been instrumental in assisting clients with in-house projects, while representing these agencies with their constituents as an on-site consultant.

Throughout Brad’s career he has been intricately involved in the design, management, and construction support of projects for such clients as Eastern Municipal Water District (EMWD), Western Municipal Water District (WMWD), and the cities of Riverside and St. Helena, to name a few.

His detailed approach ensures each project integrates flawlessly into master plan requirements from concept through construction. He specializes in operations take-over and integration of systems with a focus on cost effective and efficient transitions.

PROJECT ROLE
Technical Advisor

REGISTRATIONS
Registered Civil Engineer C 65862 (CA)

EDUCATION
BS, Chemical Engineering
Massachusetts Institute of Technology

AFFILIATIONS
American Water Works Association (AWWA)
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11 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.

PROJECT ROLE
Technical Advisor - QA/QC

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
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.

PROJECT ROLE
Water Model Project

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
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12 Section 3. Project Understanding and Approach
Project Understanding
The City has requested a proposal to develop an accurate hydraulic model for its existing water transmission and distribution system (to include 12-inch diameter and larger pipelines) to support the preparation of water master plans.

This plan will provide a road map for development and the nexus to determine connection fees for the City’s water system.

The City has an existing water supply and distribution system. According to the 2008 Water Master Plan, the City had almost 65 miles of water mains, 14 active wells, three pressure zones, over 16 MG of storage, four booster stations, and several pressure reducing zone interconnections. Local wells are the primary water supply source for the City.

Many of the wells are treated and additional treatment in the future will likely be warranted as new regulations and requirements have been or are being developed by state and federal regulators. The 2008 Water Master Plan proposed significant improvements to accommodate future growth within the City. It is anticipated that additional facilities have been constructed since this master plan was prepared and need to be added to the model.

WEBB reviewed the City’s 2020 UMWP and notes the City had 4,647 ac-ft of water used in 2020, and anticipates demands of 5,766 ac-ft by 2045.

The first step in any master planning effort is to determine the water demands projections for ultimate build out of the City based on the current land plan and any changes envisioned for that land use. Recent state legislation allows residential property owners to build accessory dwelling units (ADU’s) which may impact the anticipated wastewater generation from residential areas by a factor of 20% over previous projections. Another state law is targeting reductions in per capita water use. These are just some of the factors that impact projections for future water demands. Water planning needs to recognize these factors and develop water demand rates that address these issues, but also doesn’t overburden the master plan with significant underutilized capacity or stranded assets. According to the RFP, the City will provide the water demands through buildout of the City’s service through 2040. Our team will thoughtfully review the supplied data and coordinate with the City on the adequacy of the data from a total demand perspective as well as where the demand is or will be located.

Another useful feature of a well thought-out master plan is that it gives City Staff a road map to easily identify when a proposed development will both stress the existing water system which requires construction of master planned facilities, or stresses the proposed master planned water system with higher unanticipated water demands such that additional facilities must be constructed to support a particular development prior to full occupancy. It will be critical to coordinate with City Staff to address these issues and strike the right balance for this planning effort. Our typical approach includes reviewing and documenting the GIS land use data used to determine water demands for various conditions, calibrating existing land uses against known demands, and compare these water demand rates and totals against other agencies.

We will then hold a workshop with City Staff to review our findings and recommendations such that final adjustments to the estimates can be agreed upon and then programmed into the model. WEBB will take the lead on this review effort, leveraging our long-time experience with GIS mapping, land use analysis, and water demand determination.

Once the water demand projections are determined, both water modeling can proceed. WEBB and AQUA will team up on this effort and work seamlessly together as one consulting group. Kris Danielson, PE, in WEBB’s Riverside office, will be the project manager on this project, providing local access and knowledge with easy access for the City.

Our team has worked together on several master plans and hydraulic modeling efforts in the recent past. We have completed hydraulic water models for the Jurupa Community Services District, Rubidoux Community Services District, and Crestline Lake Arrowhead Water Agency. We are currently working on a sewer master plan for the City of Fontana where Kris is the project manager and AQUA is providing the modeling work. WEBB is an expert in most aspects of 246
13 municipal water system, well design and equipping, water transmission and distribution pipelines, water pump stations, storage tanks, and PRV stations. WEBB and AQUA are currently working together on several pipeline design projects in Southern California for both transmission and distribution mains. Prior to those projects, WEBB and AQUA have worked together on several wastewater plant expansions in both Southern and Northern California. The WEBB/AQUA Team provides significant value to water and sewer agencies starting with common sense planning, intimate process knowledge, and a very competitive design approach for WWTP’s.

WEBB has been intimately involved with water and sewer system planning, design, construction, and operation as District engineers for several water agencies in Southern California over the last 50 years or more. See our company profiles and resumes for additional detailed information and references.

As noted above, for the water master planning, the first step is to develop a hydraulic model for the existing water distribution system including wells, other water supplies such as treatment plants or interagency connections, pressure zones, transmission pipelines, pump stations, and PRV stations that all connect to the small distribution lines. The ultimate water distribution systems will be laid out to support the build out condition and any intermediate planning horizons needed, such as 2040. It is critical the existing system is modeled accurately to determine any existing flow bottlenecks. WEBB understands the City may lack many of the record drawings typically relied upon for accurate models.

Availability of as-built plans with accurate manhole invert data for main lines is typically required for the development of an accurate model. However, elevation data obtained from publicly available sources can be used to fill in the gaps, especially for water systems. Our proposal assumes, per the RFP, that 100 hours of time will be allocated to reviewing all documents, meetings, discussions, and updating the City’s GIS database for water model. WEBB Staff will use GIS data and aerial photography to assist in the model development and inputting all of the main line water facilities, as well has field investigations, and discussions with City Staff and PERC Water Staff. We anticipate the proposed water model will be a skeletonized system for 12-inch diameter and larger main lines suitable for master planning purposes. Smaller distribution system pipelines, 8-inch and under, will be input as time allows or in critical areas as needed.

For demand calibration of the water system, the WEBB/AQUA Team will review well pumping logs to determine water supply needs of the existing system by season. Additional pressure logging and fire flow testing will be needed to further calibrate the water system.

For the water system, a schematic exhibit will be developed similar to the schematic prepared by WEBB for other systems; see example prepared for JCSD’s water system.
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14 For the next step, WEBB will develop comprehensive exhibits for the water master plan which will be easily used in the future. WEBB has worked closely with several water and sewer agencies on water and sewer master plans as well as major capital improvement programs which include facility design and construction support. WEBB understands the entire process and has experience with municipal water and sewer system from land use development, master planning, design, construction support, and start up and can suggest exhibit formats that can be easily used in the future by City Staff. Examples of WEBB’s water master plans can be found in the below link for your review:

JCSD Water Master Plan
Finally, WEBB will provide additional water hydraulic modeling support to the City on an as-needed basis. WEBB has similar relationships with other agencies and has plenty of staff to support both minor fire flow test modeling and complex analyses as required within a relatively short time-frame.

Management Philosophy
WEBB understands the absolute need for strong project management. We recognize the critical issues associated with scope, schedule, budget management, and communication. Communication and coordination between WEBB and the City are paramount to each project. To guarantee continuous and effective communication, Kris Danielson, PE, Project Manager, will be the primary point-of-contact for the City, and Bruce Davis, PE, Principal-in-Charge, will be monitoring the process as a whole. Kris will make it a priority to attend all meetings with the City and project proponents during the project. This will ensure a constant and effective communication resulting in strong budget, scope, and schedule control.

Management Responsibility And Procedures
Bruce will be the lead on all contractual matters focusing on resolving any critical contract issues as soon as they are identified. Bruce will have the authority to commit firm resources and will support the project manager in managing the overall scope, schedule, and budget. Bruce’s experience on large multi-disciplinary projects, with multiple public agencies, allows him to look forward to identify and prevent potential delay causing issues and understands the City’s desired approach in handling them with all stakeholders. Further, Bruce will be the primary presenter and interface with City Council workshops and presentations if they are needed. Kris will be the primary point of contact responsible for the day-to-day project and technical management which includes:
• Facilitating frequent and consistent communications with the City • Implementing the overall delivery plan
• Managing the overall scope, schedule, and budget
• Implementing the QA/QC Program
Kris will be responsible for facilitating decisions by the City, coordination, management, communicating to the project team and City project manager, and preparing and reviewing deliverables. Kris will assist in presenting the technical work at meetings and documenting action items and decisions.

The QA/QC Team and Project Management Plan (PMP) will facilitate successful project execution. Management tools, procedures, and a delivery plan are all contained in a comprehensive PMP prepared at the beginning of the project and is updated throughout the project. Having a comprehensive and detailed PMP is essential for preparing large planning documents with an integrated team consisting of agencies, multiple stakeholders, multiple disciplines, and many deliverables. City input into the plan will be essential to make certain it is an effective tool and adequately used.

An outline of the plan and some initial comments and items to be included, in addition to our detailed Communication Plan, are as follows:
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15 Kick-off Meeting
After project award and notice-to-proceed, our project manager will conduct a kick-off meeting with all members of the project team and points-of-contact from each of the participating City departments. The kick-off meeting is structured to establish communication protocols for the project, as well as to identify critical success factors and processes, activities, and tasks that must be carried out to achieve project goals. The workshop is an important step to ensure all parties are focused on the same project goals and help clarify the critical path issues, key outside stakeholders, milestones, and third party approvals.

Communication Plan and Management
Communication between all team members and the City is critical to its success. We are committed to providing consistent communication by having required members of the project team available for all City meetings. WEBB has multiple conferencing programs that will be utilized to provide immediate conferencing and reduce driving time. These programs include, but are not limited to conference calls via phone, and video conferencing via TEAMs, Skype, and GoToMeeting. However our primary preference is to conduct in person meetings with the City as we find them more engaging and effective for all involved. In addition, weekly check-ins between the City and WEBB’s project manager are important to communicate project status, clarify expectations, and understanding next scheduled actions and who will complete.

Scope Management
A detailed scope of services is included in our proposal and will be utilized for the project duration with detailed tasks.

During the execution of the project, the scope will be utilized as a baseline by our project manager, who will manage the scope and work product. If potential changes are identified as the project develops, our project manager will work with the City project manager to clarify and approve any additional tasks necessary to complete the project.

Schedule Management
A preliminary schedule has been prepared and provided in the scope of services section and will be discussed at the kick-off meeting. At that time, the project schedule and milestones will be evaluated and modifications will be made to set the final baseline schedule. The baseline schedule will be monitored and tracked by our project manager to maintain the project milestones and manage critical path items. A tracking schedule can be provided with monthly updates and schedule variances identified. Actions required to correct schedule deviations will be developed and implemented by the project manager. The project schedule is an effective management tool when developed and maintained to guide the planning process through the tasks required to successfully complete a project. WEBB uses Microsoft Project software to schedule and track project tasks.

Cost/Budget Management Plan
The proposed project budget is prepared based on tasks required to successfully complete the project. Our project manager will track the final budget compared to the actual earned value, task completion, and cost-to-date, and will identify any project cost variance monthly. Corrective actions will be taken to maintain the project budget. If changes to the scope and budget are deemed necessary, our project manager will work with agencies to justify the need and clearly define the impacts.
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16 Section 4. Proposed Scope of Work and Deliverables
Our proposed Scope of Services for the Water Model is organized with a detailed breakdown and description of the tasks. The Scope of Work will be prepared in accordance with the RFP. WEBB acknowledges the requested scope of services, deliverables, and City services requested in the RFP and will provide all scope items and deliverables as requested. We have enhanced and expanded on the requested services where appropriate in the following scope of services. Assumptions will be included in the scope which identify information and input required from the City and anticipated deliverables. All engineering work will be overseen by a professional engineer registered in the State of California. The final report will be stamped and signed by the civil engineer responsible for the work.

Our services are performed in compliance with applicable laws, rules, regulations, and standards in effect on the date of our agreement. During each phase, we maintain our QA/QC program to provide reliable results as detailed in this section. WEBB’s QA/QC program is constantly evolving and being updated to address and minimize challenges that arise through the course of similar projects and to address specific agency requirements. WEBB will provide Water Modeling documentation for the complete project.

TASK 1. PROJECT MANAGEMENT AND MEETINGS
WEBB will manage and coordinate all components of the project and take a proactive role in keeping all tasks on schedule and budget to ensure timely completion of the project. WEBB will fully coordinate with City Staff and be responsive to any email and telephone discussions. WEBB will be in contact with the City frequently to ensure a timely City review of deliverables. We will similarly work with all stakeholders in a responsible manner.

A- Project Administration
WEBB will update the project schedule provided in our proposal monthly throughout the project. In addition, monthly status reports will be provided addressing project status and critical issues. Overall administration of the project and coordination with the City is included. WEBB shall manage and coordinate all components of the project and take a proactive role in keeping all tasks on schedule and budget and ensure timely completion of the project. WEBB will give prior notice to the City before performing work outside the contract work scope and obtain acceptance from the City on the scope and budget amount of any additional work.

Deliverable: Updated project schedule and status report monthly to City B- Kick off and Progress Meetings
Based on the anticipated schedule, WEBB will attend one kick-off meeting and four monthly progress meetings with City Staff. We will prepare meeting minutes and a list of action items after each meeting. All agendas and supporting information shall be distributed via emails to the City’s Project Manager at least three business days prior to any meetings, except draft reports for which shall be submitted at least five business days ahead of the meetings. Meeting minutes shall be distributed to all attendees and any other identified parties within five business days of the meeting date.

Deliverable: Meeting Agendas, Meeting Summary, and Action Items.

C- Quality Assurance/Quality Control
WEBB shall prepare and implement a Quality Assurance and Quality Control Plan for the project. The work will be reviewed by senior level staff to ensure a quality document. Documentation of each review will be maintained and available to City Staff for review.

Deliverable: Presentation Materials and exhibits.
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17 TASK 2. RESOURCE DOCUMENTS AND DATA REVIEW
WEBB shall collect and review the City’s relevant planning documents, GIS data, and other City data relating to potable water system. WEBB will apply its knowledge of typical water systems to determine where information is lacking and where additional investigations are warranted. Below is a summary of the data collection anticipated.

Data Collection and Review
Data to be collected from the City or other sources and reviewed by WEBB will include:

1. Water Demands prepared by the City.

2. The City’s 2020 UWMP.

3. GIS mapping information.

4. Hydraulic model information and data, if available.

5. Most recent aerial imagery obtained from on-line sources.

6. Recent system operation files.

7. Recent pump efficiency test information for pump stations, if available.

8. Pump curves for pump stations, if available.

9. SCADA data for all facilities.

10. Current Capital Improvement Program information.

Other data that may be useful in review of the demand projections:

1. Recent water billing data (residential, commercial, and industrial customers) in database or shapefile format.

2. Updated land use and population projections in GIS formats.

TASK 3. UPDATE EXISTING BACKBONE WATER GIS MAP
WEBB shall collect and review the City’s relevant planning documents, GIS data, and other City data relating to the potable water system. WEBB will apply its knowledge of typical water system to determine where information is lacking and where additional investigations are warranted. Based on the RFP, we have budgeted 100 hours for this effort which includes field investigations, reviewing documents, meetings and discussions with Operations Staff and City consultants, and updating the City’s GIS database. WEBB will structure the GIS data to be compatible with INFOWATER® software based on our recent experience converting existing models and GIS databases to modeling software for other agencies.

After GIS databases are updated, WEBB will prepare a comprehensive water hydraulic model in INFOWATER®, fully compatible with the GIS data. (See Task 5 for additional work updating and calibrating these models.) WEBB will also develop and provide a training program for the new models in the specified modeling software. This task will be focused on the specific models developed for the City and how to run, modify, and maintain those models for the future. Two full day training sessions will be held. (See Task 5 for additional training items and license costs.) WEBB highly recommends the City personnel to be trained are familiar with the software and attend Innovyze’s standard beginning training program (typically on-line) prior to our system focused training sessions.

TASK 4. REVIEW WATER DEMAND ESTIMATES AND FORECAST
Typically, WEBB uses available GIS land use data and determines land uses, water use factors based on our experience with other water systems, and any City planning standards and experience for the various land uses, and then estimates ultimate water demands. WEBB will review the City’s water demand projections under the same approach for the assumptions to use for 2040 (17 years) and assumed growth estimates through 2040 and ultimate build-out.

WEBB will prepare a technical memorandum summarizing our review and hold a workshop with the City to discuss average and maximum day demands, peaking factors and peak hour, the water demand projections along with supporting tables, and GIS exhibits.

Deliverable: Technical Memorandum in PDF format.
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18 TASK 5. UPDATE AND CALIBRATE WATER SYSTEM HYDRAULIC MODEL WEBB proposes to use INFOWATER® Modeling software which will be compatible with GIS atlas mapping and easy conversion from other formats such as H2OMap. WEBB has used this software for multiple water master plan updates which is used by several other local agencies in Southern California.

A- Create Model Pipeline Network and Facilities from GIS data WEBB will use GIS data to develop the water model using InfoWater® Modeling software. The WEBB Team maintains current licenses for this software. In addition, all supplemental information, atlas maps, record drawings, etc. to support the task is anticipated to be provided by the City. WEBB will deliver a completed and fully functional model of the water system for modeling purposes. The water model will include all pipelines available in GIS and model all key pipelines, 12-inch diameter and larger, and exclude any limited local small diameter water pipelines deemed not critical for the modeling task. If the data is available for these smaller diameter water pipelines, they will be included in the model. Water attributes such as pipe length, diameter, age, roughness estimates, node elevations, pressure zones, pump station data, PRV valves, tank data and control sets will all be included in the model. Materials of construction and age will be included if already available in the data bases. We have assumed all the information will be correctly provided and have assumed minimal effort to fix any deficiencies or supplement the City supplied information. It is important all the information requested for attributes in the model are complete and correctly formatted. As noted above, WEBB will extract this data from as built plans and field investigations based on the Task 3 effort.

Deliverable: Operational Model.

B- Calibrate Model
For the water system, WEBB will utilize fire flow data and existing pump operational data, and meter billing data to calibrate the modeling following AWWA M32 guidelines. Additional fire flow data may be needed from the City to complete the work. While M32 does not give specific procedures on calibration, it does recommend the 5 psi differential from modeled and actual data is satisfactory. WEBB proposes both fire flow testing and data loggers in each zone are used to monitor pressures in the system and compared against SCADA data from the tank levels, well operations, and pump station operations. It is anticipated that the City provide the fire flow testing and data loggers; costs are excluded from this proposal.

Deliverable: Model accuracy in tabular and graphical form in PDF format.

TASK 6. WATER DISTRIBUTION SYSTEM ANALYSIS
WEBB will develop a series of modeling runs to determine the current water system’s capabilities, the future system’s requirements, and support determination of the required facilities, such as pipelines, pump stations, storage, and water supply (wells) for the existing condition as well as build out and at the 2040 planning horizon. We have included developing and running eight scenarios in our budget. Those will likely include maximum day, maximum day plus fire flow, peak hour, tank refill, and other scenarios as deemed appropriate by City Staff. An Extended Period Simulation (EPS) Analysis can be set up and performed based on control sets for pump stations and wells.

TASK 7. WATER SYSTEM GRAPHICS
To support the City’s separate master planning efforts, WEBB will prepare mapping and graphics using either the GIS database, or models depicting water systems, pressure zones, proposed improvements, land uses, or other exhibits as identified by the City. Examples of anticipated graphics to be prepared can be found in links to previous water master plans prepared by WEBB for other clients. Per the RFP, we have assumed a total of five water exhibits.

TASK 8. ON-GOING MODELING SUPPORT
WEBB will provide a total of 40 hours to support future modeling efforts as needed by City Staff, which may include, but is not limited to model upgrades and maintenance, software upgrades, and maintenance or specific modeling runs to determine the impact of proposed projects or developments on the systems. 252
19 ADDITIONAL SERVICES
Services which are not specifically identified herein as services to be performed by WEBB are considered additional services for the purposes of this proposal. The City may request WEBB perform services which are additional services.

WEBB will perform such additional services upon execution of an amendment to the Original Agreement setting forth the scope, schedule, and fee for such additional services. WEBB will also provide prior notice to the City and obtain acceptance from same before performing work outside the contract work scope, and thereby contract budget amount.

EXCLUSIONS
Any work relating to the following is specifically excluded for the services proposed herein and, if required, must be contracted for under a separate contract or as an addendum to this contract:

1. Water Demand Development

2. Master Plans

3. CEQA Documentation

4. Financial Plan

5. Any City Standards Updates

6. Additional Meetings
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20 Project Schedule ID Task Name Duration Start Finish
1 2 NOTICE TO PROCEED 0 wks Mon 5/1/23 Mon 5/1/23
3 4 Kick-off Meeting 0 days Fri 5/5/23 Fri 5/5/235 Work Plan and Schedule 5 days Mon 5/1/23 Fri 5/5/236 QA/QC Plan 5 days Mon 5/1/23 Fri 5/5/23 7 8 Review Existing Data 10 days Mon 5/8/23 Fri 5/19/239 Site Visits 1 wk Mon 5/8/23 Fri 5/12/23 10 Review water System Plans and Data 2 wks Mon 5/8/23 Fri 5/19/23 11 12 Updating Existing Backbone Water
System GIS Map
30 days Mon 5/22/23 Fri 6/30/23
13 Create and Update GIS Map 4 wks Mon 5/22/23 Fri 6/16/2314 City Coordination Meeting 0 wks Fri 6/16/23 Fri 6/16/2315 Finalize GIS Map 1 wk Mon 6/19/23 Fri 6/23/2316 Create Hydraulic Model 1 wk Mon 6/26/23 Fri 6/30/23 17 18 Review Water Demand Estimates and
Forecast
10 days Mon 7/3/23 Fri 7/14/23
19 Review Data 1 wk Mon 7/3/23 Fri 7/7/2320 City Coordination Meeting 0 wks Fri 7/7/23 Fri 7/7/2321 Finalize Demands 1 wk Mon 7/10/23 Fri 7/14/23 22 23 Update and Calibrate Model 10 days Mon 7/17/23 Fri 7/28/2324 Update Model 1 wk Mon 7/17/23 Fri 7/21/2325 Calibrate Model 1 wk Mon 7/24/23 Fri 7/28/23 26 27 Water Distibutrion System Analysis 10 days Mon 7/31/23 Fri 8/11/2328 Modeling Scenarios 1 wk Mon 7/31/23 Fri 8/4/2329 City Coordination Meeting 0 wks Fri 8/4/23 Fri 8/4/2330 Final Modeling Scenarios 1 wk Mon 8/7/23 Fri 8/11/23 31 32 Water System Graphics 10 days Mon 8/14/23 Fri 8/25/2333 Prepare Drafts 1 wk Mon 8/14/23 Fri 8/18/2334 Prepare Final Exhibits 1 wk Mon 8/21/23 Fri 8/25/23 35 36 On-Going Modeling Support 40 days Mon 7/31/23 Fri 9/22/2337 Modeling Scenarios 8 wks Mon 7/31/23 Fri 9/22/23 5/1
5/5
6/16
7/7
8/4
Apr May Jun Jul Aug Sep Oct
2023
Project Schedule
City of Adelanto
Water Model Project

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Adelanto City CouncilSeptember 11, 2024

Adelanto City Council
September 11, 2024