Agenda — Adelanto City Council, September 25, 2024 (part 3 of 4)

Date
Effluent WEEKLY Influent
370
Section C
Collection System Report
371

PROJECT STATUS REPORT & PROJECTIONS
Project Name: City of Adelanto
Department: Collection System
Month: August 2024
Prepared By: PERC Water Corporation

PROJECT STATUS REPORT
Date Footage Mo/Yr Area Locations That Need Attention
August
2024
2,099 / 6,335 • N of Mojave
& W of
Pearmain
• Monthly enhanced maintenance
areas
TABLE OF CONTENTS:
01) Adelanto Enhanced Maintenance Annual Log 2024
02) Adelanto Enhanced Maintenance 08-24
03) Adelanto Sewer Cleaning 08-24
LIST OF NOTES:
01) On 8-13-24 PERC staff received call for a manhole lid missing at Vintage & Colonial. PERC staff found the manhole lid off to the side and replaced the lid.
02) On 8-13-24 PERC staff received call for a sewer backup located at 19044 Joshua St. Residents were advised that they were on septic and was advised to call a plumber. 03) On 8-20-24 PERC staff received a tilt alarm for the manhole located on Muskrat just outside of the lift station. PERC staff found contractors trying to get invert depth of the manhole. Contractors were advised to call in a USA dig alert, and the sewer lines and other utilities would be marked. 04) On 8-25-24 PERC staff found the alarm system for the gate at the lift station broken but still operational. City IT was notified, and repair was made on 8-27-24 05) On 8-27-24 PERC staff received call for sewer gushing out of a manhole located at 10739 Dove CT.

PERC staff found it was a broken water line that was coming up out of the asphalt. The water department was notified.
06) PERC staff received and reviewed 186 USA dig alerts. 372
MONTHLY Map pg. JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Date Date Date Date Date Date Date Date Date Date Date Date Bellflower & Auburn 460 N 500 W 13-Feb 16-Apr 6-May 4-Jun 31-Jul 29-Aug 1st Mh W 395 & Auburn 400 W 13-Feb 16-Apr 6-May 4-Jun 31-Jul 29-Aug 1st Mh E 395 & Auburn 500 W 13-Feb 16-Apr 6-May 4-Jun 31-Jul 29-Aug Pearmain & Taylor 275 S & 285 W 8 13-Feb 16-Apr 6-May 4-Jun 30-Jul 27-Aug Pearmain & Cactus 300 E & 400 S 10 13-Feb 16-Apr 6-May 4-Jun 30-Jul 27-Aug 1st Mh W Aster & Vintage 500 W 41 13-Feb 16-Apr 6-May 4-Jun 30-Jul 29-Aug Aster & Vintage 500 W 41 13-Feb 16-Apr 6-May 4-Jun 30-Jul 29-Aug

BI-MONTHLY JAN MAR MAY JUL SEP NOV

QUARTERLY JAN APR JUL OCT
Verbena & Mojave W 500 W & S 23 16-Apr 30-Jul
1st mh N Forest & Muskrat 500 N&S 16-Apr 30-Jul
Joshua & Verbena 200 W 17 16-Apr 30-Jul
Cactus & Caliente 400 W 8.9 16-Apr 30-Jul
Bartlett & Lilac 16-Apr 30-Jul

BI-ANNUAL JAN JUL
373
City of Adelanto Enhanced Maintenance Collection System Operator: Shawn Month: August 2024 Date Location Street & Cross Street Feet
Cleaned
Comments
1 8/27/2024 Pearmain & Taylor 275 Cleaned south grease
2 8/27/2024 Pearmain & Taylor 285 Cleaned west
3 8/27/2024 Pearmain & Cactus 400 Cleaned south
4 8/27/2024 Pearmain & Cactus 300 Cleaned east
5 8/29/2024 Vintage 500 Cleaned west
6 8/29/2024 Aster & Vintage 500 Cleaned west
7 8/29/2024 Auburn & Bellflower 460 Cleaned north grease 8 8/29/2024 Auburn & Bellflower 500 Cleaned west grease 9 8/29/2024 1st MH W Auburn & Bellflower 400 Cleaned west grease 10 8/29/2024 1st MH E Auburn & Bellflower 500 Cleaned west 11 12
13 14
15 16
17 18
19 20
21 22
23 24
^
Total Feet 4,120
374
City of Adelanto Collection System Log Operator: Shawn Month: August 2024 Date Location Street & Cross Street Feet
Cleaned
Comments
1 8/29/2024 Ross & Sutter 508 Cleaned south
2 8/29/2024 Lasson & Sutter 509 Cleaned south
3 8/29/2024 Lasson & Sutter 290 Cleaned west
4 8/29/2024 Fremont & Sutter 508 Cleaned south
5 8/29/2024 Fremont & Sutter 284 Cleaned west
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 Total Feet 2,099
375
Section D
Bio-Solids Report
376
August 2024 Section D – Bio-solids Report
Adelanto Wastewater Treatment System
Bio-solids Report
In August 2024, PERC Water Staff performed dewatering procedures to dewater 1,796,534 gallons of bio-solids from the aerated solids holding tank. See data table below for amounts and disposal costs. Wet tons of bio-solids were removed at an average total solids concentration of 23%. End dump trailers were collected periodically by GIC Corporation and delivered to Synagro composting facility in Helendale, CA.

Wet Tons Dry Tons Wet Tons Dry
Tons
January 297.62 59.52 12 12 $4,747.04 $9,386.93 $14,133.97 $47.49 February 292.50 58.50 12 12 $4,665.38 $9,225.45 $13,890.83 $47.49 March 214.33 42.87 804.45 160.89 7 9 $3,418.56 $6,759.97 $10,178.53 $47.49 April 244.55 48.91 12 10 $3,900.57 $7,713.11 $11,613.68 $47.49 May 274.51 54.90 10 11 $4,378.43 $8,658.05 $13,036.48 $47.49 June 177.56 35.51 696.62 139.32 7 7 $2,832.08 $5,600.24 $8,432.32 $47.49 July 169.13 38.90 7 7 $2,697.62 $5,334.36 $8,031.98 $47.49 August 169.94 39.09 7 7 $2,710.54 $5,531.55 $8,242.09 $48.50 September 0.00 339.07 77.99 $0.00 $0.00 $0.00 #DIV/0!
October 0.00 $0.00 $0.00 $0.00 #DIV/0!
November 0.00 $0.00 $0.00 $0.00 #DIV/0!
December 0.00 0.00 0.00 $0.00 $0.00 $0.00 #DIV/0!
Total Tons 1840.14 378.20 1840.14 378.20 74 75 $29,350.23 $58,209.66 $87,559.89 #DIV/0! Metric Tons 1669.01 343.03 1669.01 343.03 total total total total total average 2024 BIO-SOLIDS HAULED
Adelanto production Quarter # of GIC
end
dump
# Synagro
loads
received
Total Hauling
Cost
Total
Tipping Fee
Cost
Total Cost
Total Cost
Per Ton
377
August 2024 Section D – Bio-solids Report
Adelanto Wastewater Treatment System
Burrtec hauls off screenings/rags and recycle product from the facility each month. See data table below for bins removed from the Facility.

RECYCLE
# of Bins ft3
yards # of Bins
January 25 50 1
February 20 40 1
March 22 44 1
April 23 46 1
May 15 30 4
June 8* 0 3
July 9* 0 2
August 12 24 3
September 0
October 0
November 0
December 0
Total 117 234 16
2024 SCREENINGS/GRIT HAULED
378
Section E
Preventive Maintenance
CMMS Report
379
August 2024 Section E Completed Work Orders
Adelanto Wastewater Treatment System
Completed Work Orders
Below is a list of the Adelanto’s Wastewater System’s completed work orders for the month of August: 132 tasks completed.

Completed
Date
Asset ID Asset
Description
Brief Description
8/1/2024 AD-FRTGTE Front gate wheel
bearings

LUBE WHEELS ON FRONT GATE
8/1/2024 AD_AZ_BLWR1 Aerzen Blower 1 Aerzen Blower filter inspection 8/1/2024 AD_AZ_BLWR2 Aerzen Blower 2 Aerzen Blower filter inspection 8/1/2024 AD_AZ_BLWR3 Aerzen Blower 3 Aerzen Blower filter inspection 8/1/2024 AD_HW-FR-W Flex Rake West Flex rake Check drive and bearings 8/1/2024 AD_HW-FR-E Flex Rake East Quarterly flexrake check 8/1/2024 AD_HW_CMPCTRW Compactor West Flex Rake Grease spur gears. no longer in service need to delete
8/1/2024 AD_HWCMPCTRE Compactor East Lubrication Grease. no longer in service need to delete
8/2/2024 LIFTSTATION Pump station Wetwell grease cleaning. conducted 7- 31-24
8/2/2024 LIFTSTATION Pump station air release debris removal. conducted 7- 31-24
8/2/2024 LIFTSTATION Pump station Run back up generator for monthly test 8/3/2024 AD_SCADA SCADA system Scada Test
8/3/2024 AD_BLWR_BLD BUILDINGS Replacement of Blower Building Filters 8/3/2024 AD_HW-FR-E Flex Rake East Flexrake check. conducted 7-30-24 with AQMD
8/3/2024 AD_GD Multi gas detector Multi Gas Detector Calibration. conducted 7-31-24 when cleaning lift
station
8/4/2024 AD-PORT-GEN Generators RUN PORTABLE GENERATOR FOR 15

MINUTES
8/4/2024 ADELPNFLTS FILTERS Clean VFD Panel Filters
8/4/2024 ADEYEWSHST eye wash eye wash/shower weekly check 8/4/2024 AD-FAK First aid kits Monthly first aid kits check 8/4/2024 AD_HW-GC-CPT1 Grit Collector CPT
1 Monthly cpt inspection
8/4/2024 AD_HW-GC-CPT2 Grit Collector CPT
2 Monthly cpt inspection
8/4/2024 AD_HW-GP-P1 Grit Pump 1 grit pump check
8/4/2024 AD_HW-GP-P1 Grit Pump 1 grit pump belt check
8/4/2024 AD_HW-GP-P2 Grit Pump 2 grit pump check
380
August 2024 Section E Completed Work Orders
Adelanto Wastewater Treatment System
8/4/2024 AD_HW-GP-P2 Grit Pump 2 grit pump belt check
8/4/2024 AD_SC-PWP_NORTHPlant Water Pump
North
plant water pump check. currently not in
service
8/4/2024 AD_SC-PWP_NORTHPlant Water Pump
North
plant water pump belt check. currently
not in service
8/4/2024 AD_SC-PWP_SOUTHPlant Water Pump
South
plant water pump check. currently not in
service
8/4/2024 AD_SC-PWP_SOUTHPlant Water Pump
South
plant water pump. currently not in service
belt check
8/4/2024 AD_SIPS-ST SIPS Station sips station motor check. pump/Motor:;1 good;2 bad;3 bad;5 bad;6 bad;7 bad
8/4/2024 AD_RAS_PMPS RAS pumps Swap RAS pumps. currently operating RAS pumps in hand
8/4/2024 AD_PONDS Percolation Ponds Rotate ponds
8/4/2024 AD_HW-IP1 Influent Pump 1 Rotate settings with Bypass pump. pump rotation in auto on scada
8/4/2024 AD_RCYCLPMP1 Recycle pump 1 for
new plant water
system
Bump motor for Recycle pump
8/4/2024 AD_RCYCLPMP2 Recycle pump 2 for
new plant water
system
Bump motor for Recycle pump
8/4/2024 ADSCCLW Sludge Thickner
West
Sludge thickener check
8/4/2024 ADSCCLE Sludge Thickner
East
Sludge thickener check. not online
8/4/2024 AD_SC-CLRFYR-N North Clarifier Weekly Clarifier check 8/4/2024 AD_SC-CLRFYR-S South Clarifier Weekly Clarifier check 8/4/2024 AD_HAZ-WST Haz waste
checksheet
Check and fill out weekly check sheet
8/4/2024 AD_HAZ-WST Haz waste
checksheet
Check AGST binder and make sure it is up
to date
8/5/2024 AD_SH-POL-M Polymer Motor polymer pump gear box oil check 8/5/2024 AD_8INPORTPMP 8 Inch portable
pump
Run 8 in portable pump
8/5/2024 AD_SH-CENTRISYSMMCentrisys Muffin
Monster
Centrisys Muffin Monster lubrication
grease
8/5/2024 ADPLGPD1 Pipe Plug (pig) Check plug. pond 1 not in use 8/5/2024 ADPOLYUNIT Polymer unit Clean polymer flow sensor 8/5/2024 AD_SH_CENTRISYS Centrisys
Centrifuge
Lubricate Housing Seal Assembly
8/5/2024 AD_SH_CENTRISYS Centrisys
Centrifuge
Lubricate Solids and Liquid end Headwall
External Assembly
381
August 2024 Section E Completed Work Orders
Adelanto Wastewater Treatment System
8/5/2024 AD_SH_CENTRISYS Centrisys
Centrifuge
Check Auto Lubricator for grease
8/5/2024 AD_SH_ANDRITZ Andritz Centrifuge Run Andritz centrifuge. turned by hand 8/5/2024 ADBASINS North and South
basins
Internal recycle pumps
8/6/2024 ADINFEFFSMPLRS Influent and
Effluent sampler
Clean Influent Effluent Sampler
8/6/2024 ADSCCLW Sludge Thickner
West
sludge thickener drive chain check
8/6/2024 ADSCCLE Sludge Thickner
East
sludge thickener drive chain check.
currently not in service
8/6/2024 AD_SC-PT Scum pit Clarifier scum pit
8/6/2024 AD_SC-RAS-P1 Sludge Thickner
RAS Pump 1
Sludge thickner R.A.S. pump inspection
8/6/2024 AD_SC-RAS-P2 Sludge Thickner
RAS Pump 2
Sludge thickner R.A.S. pump inspection
8/6/2024 LIFTSTATION Pump station lift station float alarm 8/7/2024 AD_TRAC Tractor Check oil in tractor
8/7/2024 AD_DOPROBES D O probes on
North and South
Basins
Clean D.O. Probes on North and South
Basin
8/10/2024 AD_SCADA SCADA system Scada Test
8/11/2024 ADPLGPD1 Pipe Plug (pig) Check plug. pond 1 not online 8/11/2024 AD_RCYCLPMP1 Recycle pump 1 for
new plant water
system
Bump motor for Recycle pump
8/11/2024 AD_RCYCLPMP2 Recycle pump 2 for
new plant water
system
Bump motor for Recycle pump
8/11/2024 AD_HAZ-WST Haz waste
checksheet
Check and fill out weekly check sheet
8/11/2024 AD_HAZ-WST Haz waste
checksheet
Check AGST binder and make sure it is up
to date
8/12/2024 ADBASINS North and South
basins
Internal recycle pumps
8/13/2024 ADSCCLW Sludge Thickner
West
Sludge thickener check
8/13/2024 ADSCCLW Sludge Thickner
West
Scum Pit
8/13/2024 ADSCCLE Sludge Thickner
East
Sludge thickener check
8/13/2024 ADSCCLE Sludge Thickner
East
Scum Pit
8/13/2024 AD_SC-CLRFYR-N North Clarifier Weekly Clarifier check 382
August 2024 Section E Completed Work Orders
Adelanto Wastewater Treatment System
8/13/2024 AD_SC-CLRFYR-S South Clarifier Weekly Clarifier check 8/13/2024 BELLFLOWER_AUBU
RN
Collection
Systems
Manhole inspection
8/14/2024 ADPHECMD Probe Calibrate ph and ec probes
8/14/2024 AD_RPTS Reports Collections, IPP, Emaint
8/14/2024 AD_DOPROBES D O probes on
North and South
Basins
Clean D.O. Probes on North and South
Basin
8/14/2024 ADPOLYUNIT Polymer unit Clean polymer flow sensor 8/14/2024 AD_AZ_BLWR1 Aerzen Blower 1 Change and wash pre-filters 8/14/2024 AD_AZ_BLWR2 Aerzen Blower 2 Change and wash pre-filters 8/14/2024 AD_AZ_BLWR3 Aerzen Blower 3 Change and wash pre-filters 8/14/2024 AD_SH_CENTRISYS Centrisys
Centrifuge
Lubricate Housing Seal Assembly
8/14/2024 AD_SH_CENTRISYS Centrisys
Centrifuge
Lubricate Solids and Liquid end Headwall
External Assembly
8/14/2024 AD_SH_CENTRISYS Centrisys
Centrifuge
Check Auto Lubricator for grease
8/14/2024 AD_SH_ANDRITZ Andritz Centrifuge Run Andritz centrifuge. turned by hand 8/17/2024 AD_SCADA SCADA system Scada Test
8/17/2024 FIREEXTR Fire Extinguisher fire extinguisher inspection 8/18/2024 ADPLGPD1 Pipe Plug (pig) Check plug, pond 1 not online 8/18/2024 AD_RCYCLPMP1 Recycle pump 1 for
new plant water
system
Bump motor for Recycle pump
8/18/2024 AD_RCYCLPMP2 Recycle pump 2 for
new plant water
system
Bump motor for Recycle pump
8/18/2024 ADSCCLW Sludge Thickner
West
Sludge thickener check
8/18/2024 ADSCCLE Sludge Thickner
East
Sludge thickener check, not online
8/18/2024 AD_SC-CLRFYR-N North Clarifier Weekly Clarifier check 8/18/2024 AD_SC-CLRFYR-S South Clarifier Weekly Clarifier check 8/18/2024 AD_HAZ-WST Haz waste
checksheet
Check and fill out weekly check sheet
8/18/2024 AD_HAZ-WST Haz waste
checksheet
Check AGST binder and make sure it is up
to date
8/19/2024 ADBASINS North and South
basins
Internal recycle pumps
8/20/2024 AD_SH_CENTRISYS Centrisys
Centrifuge
Lubricate Housing Seal Assembly
8/20/2024 AD_SH_CENTRISYS Centrisys
Centrifuge
Lubricate Solids and Liquid end Headwall
External Assembly
383
August 2024 Section E Completed Work Orders
Adelanto Wastewater Treatment System
8/20/2024 AD_SH_CENTRISYS Centrisys
Centrifuge
Check Auto Lubricator for grease
8/20/2024 AD_SH_ANDRITZ Andritz Centrifuge Run Andritz centrifuge, turned by hand 8/21/2024 AD_DOPROBES D O probes on
North and South
Basins
Clean D.O. Probes on North and South
Basin
8/21/2024 ADPOLYUNIT Polymer unit Clean polymer flow sensor 8/23/2024 LIFTSTATION Pump station lift station float alarm 8/24/2024 AD_SCADA SCADA system Scada Test
8/24/2024 ADBASINS North and South
basins
Internal recycle pumps
8/25/2024 ADPLGPD1 Pipe Plug (pig) Check plug, pond 1 not online 8/25/2024 AD_RCYCLPMP1 Recycle pump 1 for
new plant water
system
Bump motor for Recycle pump
8/25/2024 AD_RCYCLPMP2 Recycle pump 2 for
new plant water
system
Bump motor for Recycle pump
8/25/2024 ADSCCLW Sludge Thickner
West
Sludge thickener check
8/25/2024 ADSCCLW Sludge Thickner
West
Scum Pit
8/25/2024 ADSCCLE Sludge Thickner
East
Sludge thickener check, not online
8/25/2024 ADSCCLE Sludge Thickner
East
Scum Pit, not online
8/25/2024 AD_SC-CLRFYR-N North Clarifier Weekly Clarifier check 8/25/2024 AD_SC-CLRFYR-S South Clarifier Weekly Clarifier check 8/26/2024 ADPOLYUNIT Polymer unit Clean polymer flow sensor 8/26/2024 AD_AZ_BLWR1 Aerzen Blower 1 Change and wash pre-filters 8/26/2024 AD_AZ_BLWR2 Aerzen Blower 2 Change and wash pre-filters 8/26/2024 AD_AZ_BLWR3 Aerzen Blower 3 Change and wash pre-filters 8/26/2024 AD_HAZ-WST Haz waste
checksheet
Check and fill out weekly check sheet
8/26/2024 AD_HAZ-WST Haz waste
checksheet
Check AGST binder and make sure it is up
to date
8/26/2024 AD_SH_CENTRISYS Centrisys
Centrifuge
Lubricate Housing Seal Assembly
8/26/2024 AD_SH_CENTRISYS Centrisys
Centrifuge
Lubricate Solids and Liquid end Headwall
External Assembly
8/26/2024 AD_SH_CENTRISYS Centrisys
Centrifuge
Check Auto Lubricator for grease
8/26/2024 AD_SH_ANDRITZ Andritz Centrifuge Run Andritz centrifuge, turned by hand 384
August 2024 Section E Completed Work Orders
Adelanto Wastewater Treatment System
8/27/2024 HOTLIST Collection
Systems
Pearmain and Taylor
8/27/2024 HOTLIST Collection
Systems
Pearmain and Cactus
8/27/2024 AD_DOPROBES D O probes on
North and South
Basins
Clean D.O. Probes on North and South
Basin
8/27/2024 BELLFLOWER_AUBU
RN
Collection
Systems
Manhole inspection
8/29/2024 BELLFLOWER_AUBU
RN
Collection
Systems
Bellflower and Auburn
8/29/2024 HOTLIST Collection
Systems
Aster and Vintage
8/31/2024 AD_SCADA SCADA system Scada Test
385
Section F
SSMP/IPP Report
386
August 2024 Section F – IPP / SSMP Report
Adelanto Wastewater Treatment System

INDUSTRIAL PRETREATMENT PROGRAM (IPP) & SEWER SYSTEM MANAGEMENT

PLAN (SSMP)
Staff is reviewing all users and scheduling inspections for September 2024. Listed are August’s 2024 activities:
• Receiving flow and pH data from MK Magnetics periodically with their discharge to city sewer.
• Reviewed and commented on Project Referrals, Camino, and IPP applications. 387
Section G
Laboratory Results
388
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 1 of 10
Project Name:
16-Aug-2024
Work Order Number: C4H0887
Received on Ice (Y/N): Yes Temp: 11 °C
PERC - Weekly/BiWeekly WW
Adelanto WWTP - 19101 Jonathan St.

C4H0887
Attached is the analytical report for the sample(s) received for your project. Below is a list of the individual sample descriptions with the corresponding laboratory number(s). Also, enclosed is a copy of the Chain of Custody document (if received with your sample(s)). Please note any unused portion of the sample(s) may be responsibly discarded after 30 days from the above report date, unless you have requested otherwise.

Thank you for the opportunity to serve your analytical needs. If you have any questions or concerns regarding this report please contact our client service department.

Sample Identification
Lab Sample # Client Sample ID Matrix Date Sampled By Date Submitted By C4H0887-01 Liquid 08/7/24 6:15 Shawn
Coonce
Courier
(Guillermo)-DE
Influent ---ROUTINE--- 08/07/24 13:13
C4H0887-02 Liquid 08/7/24 6:05 Shawn
Coonce
Courier
(Guillermo)-DE
Effluent ---ROUTINE--- 08/07/24 13:13
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
389
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 2 of 10
Project Name:
16-Aug-2024
Work Order Number: C4H0887
Received on Ice (Y/N): Yes Temp: 11 °C
PERC - Weekly/BiWeekly WW
Adelanto WWTP - 19101 Jonathan St.

C4H0887
Laboratory Reference Number
Sample Description
08/07/24 06:15
Sampled Date/Time Received Date/Time
08/07/24 13:13
Matrix
Influent Liquid
C4H0887-01
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Solids
Total Dissolved Solids 600 10 10 mg/L SM 2540C 08/11/24 14:48 CLP Total Suspended Solids 170 7 7 mg/L SM 2540D 08/07/24 20:28 RJB Aggregate Organic Compounds
Biochemical Oxygen Demand 220 50 50 mg/L SM 5210B 08/07/24 21:19 EZP Nutrients
Ammonia-Nitrogen 38 5.1 4.5 mg/L SM 4500NH3 G 08/09/24 12:15 GMB mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
390
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 3 of 10
Project Name:
16-Aug-2024
Work Order Number: C4H0887
Received on Ice (Y/N): Yes Temp: 11 °C
PERC - Weekly/BiWeekly WW
Adelanto WWTP - 19101 Jonathan St.

C4H0887
Laboratory Reference Number
Sample Description
08/07/24 06:05
Sampled Date/Time Received Date/Time
08/07/24 13:13
Matrix
Effluent Liquid
C4H0887-02
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Anions
Nitrate as N 0.98 0.20 0.12 mg/L EPA 300.0 08/07/24 22:30 ANM Nitrite as N 0.1 0.1 0.09 mg/L EPA 300.0 08/07/24 22:30 ANM Solids
Total Dissolved Solids 510 10 10 mg/L SM 2540C 08/11/24 14:48 CLP Total Suspended Solids 1 0.5 0.5 mg/L SM 2540D 08/07/24 20:28 RJB Aggregate Organic Compounds
Biochemical Oxygen Demand ND 5.0 5.0 mg/L SM 5210B 08/07/24 21:23 EZP Surfactants
MBAS 0.05 0.08 0.05 mg/L SM 5540C 08/07/24 19:41 CXR J
Nutrients
Ammonia-Nitrogen 0.3 0.1 0.09 mg/L SM 4500NH3 G 08/09/24 14:43 GMB Kjeldahl Nitrogen 1.2 0.1 0.1 mg/L EPA 351.2 08/12/24 20:02 VMV Total Nitrogen 2.3 0.40 mg/L Calculation
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
391
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 9 of 10
Project Name:
16-Aug-2024
Work Order Number: C4H0887
Received on Ice (Y/N): Yes Temp: 11 °C
PERC - Weekly/BiWeekly WW
Adelanto WWTP - 19101 Jonathan St.

C4H0887
Notes and Definitions
J Estimated value
QRPDl Analyte concentration was below range for valid RPD determination.

NR: Not Reported
ND: Analyte NOT DETECTED at or above the Method Detection Limit (if MDL is reported), otherwise at or above the Reportable Detection Limit (RDL)
RDL: Reportable Detection Limit
MDL: Method Detection Limit
* / (Non-NELAP): NELAP does not offer accreditation for this analyte/method/matrix combination e-Standard_No Alias.rpt
This report applies only to the sample(s) analyzed. As a mutual protection to clients, the public, and Babcock Laboratories, Inc., this report is submitted and accepted for the exclusive use of the Client to whom it is addressed. Interpretation and use of the information contained within this report are the sole responsibility of the Client. Babcock Laboratories, Inc. is not responsible for any misinformation or consequences that may result from misinterpretation or improper use of this report. This report is not to be modified or abbreviated in any way.

Additionally, this report is not to be used, in whole or in part, in any advertising or publicity matter without written authorization from Babcock Laboratories, Inc. The liability of Babcock Laboratories, Inc. is limited to the actual cost of the requested analyses, unless otherwise agreed upon in writing. There is no other warranty expressed or implied.

Enclosed are the analytical results for the submitted sample(s). Babcock Laboratories certify the data presented as part of this report meet the minimum quality standards in the referenced analytical methods. Any exceptions have been noted.

Approval
cc:

Cindy A. Waddell
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
392
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 10 of 10
Project Name:
16-Aug-2024
Work Order Number: C4H0887
Received on Ice (Y/N): Yes Temp: 11 °C
PERC - Weekly/BiWeekly WW
Adelanto WWTP - 19101 Jonathan St.

C4H0887
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
393
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 1 of 10
Project Name:
26-Aug-2024
Work Order Number: C4H1961
Received on Ice (Y/N): Yes Temp: 8 °C
PERC - Weekly/BiWeekly WW
Adelanto WWTP - 19101 Jonathan St.

C4H1961
Attached is the analytical report for the sample(s) received for your project. Below is a list of the individual sample descriptions with the corresponding laboratory number(s). Also, enclosed is a copy of the Chain of Custody document (if received with your sample(s)). Please note any unused portion of the sample(s) may be responsibly discarded after 30 days from the above report date, unless you have requested otherwise.

Thank you for the opportunity to serve your analytical needs. If you have any questions or concerns regarding this report please contact our client service department.

Sample Identification
Lab Sample # Client Sample ID Matrix Date Sampled By Date Submitted By C4H1961-01 Liquid 08/14/24 6:15 Tristan Hause Courier
(Guillermo)-DE
Influent ---ROUTINE--- 08/14/24 12:13
C4H1961-02 Liquid 08/14/24 6:05 Tristan Hause Courier
(Guillermo)-DE
Effluent ---ROUTINE--- 08/14/24 12:13
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
394
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 2 of 10
Project Name:
26-Aug-2024
Work Order Number: C4H1961
Received on Ice (Y/N): Yes Temp: 8 °C
PERC - Weekly/BiWeekly WW
Adelanto WWTP - 19101 Jonathan St.

C4H1961
Laboratory Reference Number
Sample Description
08/14/24 06:15
Sampled Date/Time Received Date/Time
08/14/24 12:13
Matrix
Influent Liquid
C4H1961-01
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Solids
Total Suspended Solids 210 10 10 mg/L SM 2540D 08/15/24 23:20 RJB Aggregate Organic Compounds
Biochemical Oxygen Demand 190 50 50 mg/L SM 5210B 08/14/24 23:04 CLP N-BOD1 Nutrients
Ammonia-Nitrogen 33 5.1 4.5 mg/L SM 4500NH3 G 08/16/24 11:51 GMB mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
395
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 3 of 10
Project Name:
26-Aug-2024
Work Order Number: C4H1961
Received on Ice (Y/N): Yes Temp: 8 °C
PERC - Weekly/BiWeekly WW
Adelanto WWTP - 19101 Jonathan St.

C4H1961
Laboratory Reference Number
Sample Description
08/14/24 06:05
Sampled Date/Time Received Date/Time
08/14/24 12:13
Matrix
Effluent Liquid
C4H1961-02
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Anions
Nitrate as N 3.3 0.20 0.12 mg/L EPA 300.0 08/15/24 06:04 ANM Nitrite as N 0.3 0.1 0.09 mg/L EPA 300.0 08/15/24 06:04 ANM Solids
Total Suspended Solids 2 0.5 0.5 mg/L SM 2540D 08/15/24 23:20 RJB Aggregate Organic Compounds
Biochemical Oxygen Demand ND 2.5 2.5 mg/L SM 5210B 08/14/24 23:09 CLP N-BOD1 Nutrients
Ammonia-Nitrogen 0.3 0.1 0.09 mg/L SM 4500NH3 G 08/16/24 11:52 GMB Kjeldahl Nitrogen 1.4 0.1 0.1 mg/L EPA 351.2 08/23/24 12:36 JXM Total Nitrogen 5.0 0.40 mg/L Calculation
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
396
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 9 of 10
Project Name:
26-Aug-2024
Work Order Number: C4H1961
Received on Ice (Y/N): Yes Temp: 8 °C
PERC - Weekly/BiWeekly WW
Adelanto WWTP - 19101 Jonathan St.

C4H1961
Notes and Definitions
J Estimated value
N-BOD1 Dilution water blank exceeds 0.20 mg/L. As per method, data is reportable as qualified.

Approval
cc:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 10 of 10
Project Name:
26-Aug-2024
Work Order Number: C4H1961
Received on Ice (Y/N): Yes Temp: 8 °C
PERC - Weekly/BiWeekly WW
Adelanto WWTP - 19101 Jonathan St.

C4H1961
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
398
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 1 of 10
Project Name:
30-Aug-2024
Work Order Number: C4H2874
Received on Ice (Y/N): Yes Temp: 10 °C
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C4H2874
Attached is the analytical report for the sample(s) received for your project. Below is a list of the individual sample descriptions with the corresponding laboratory number(s). Also, enclosed is a copy of the Chain of Custody document (if received with your sample(s)). Please note any unused portion of the sample(s) may be responsibly discarded after 30 days from the above report date, unless you have requested otherwise.

Thank you for the opportunity to serve your analytical needs. If you have any questions or concerns regarding this report please contact our client service department.

Sample Identification
Lab Sample # Client Sample ID Matrix Date Sampled By Date Submitted By C4H2874-01 Liquid 08/21/24 6:30 Shawn
Coonce
Courier
(Guillermo)-DE
Influent ---ROUTINE--- 08/21/24 12:18
C4H2874-02 Liquid 08/21/24 6:05 Shawn
Coonce
Courier
(Guillermo)-DE
Effluent ---ROUTINE--- 08/21/24 12:18
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
399
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 2 of 10
Project Name:
30-Aug-2024
Work Order Number: C4H2874
Received on Ice (Y/N): Yes Temp: 10 °C
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C4H2874
Laboratory Reference Number
Sample Description
08/21/24 06:30
Sampled Date/Time Received Date/Time
08/21/24 12:18
Matrix
Influent Liquid
C4H2874-01
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Solids
Total Dissolved Solids 600 10 10 mg/L SM 2540C 08/22/24 21:48 CLP Total Suspended Solids 200 8 8 mg/L SM 2540D 08/21/24 19:34 RJB Aggregate Organic Compounds
Biochemical Oxygen Demand 230 50 50 mg/L SM 5210B 08/21/24 19:36 CLP N-BOD1 Nutrients
Ammonia-Nitrogen 32 5.1 4.5 mg/L SM 4500NH3 G 08/23/24 11:37 GMB mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
400
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 3 of 10
Project Name:
30-Aug-2024
Work Order Number: C4H2874
Received on Ice (Y/N): Yes Temp: 10 °C
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C4H2874
Laboratory Reference Number
Sample Description
08/21/24 06:05
Sampled Date/Time Received Date/Time
08/21/24 12:18
Matrix
Effluent Liquid
C4H2874-02
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Anions
Nitrate as N 2.3 0.20 0.12 mg/L EPA 300.0 08/21/24 23:42 JXM Nitrite as N 0.2 0.1 0.09 mg/L EPA 300.0 08/21/24 23:42 JXM Solids
Total Dissolved Solids 520 10 10 mg/L SM 2540C 08/22/24 21:48 CLP Total Suspended Solids 3 0.5 0.5 mg/L SM 2540D 08/21/24 19:34 RJB Aggregate Organic Compounds
Biochemical Oxygen Demand ND 5.0 5.0 mg/L SM 5210B 08/21/24 19:41 CLP N-BOD1 Surfactants
MBAS ND 0.08 0.05 mg/L SM 5540C 08/21/24 21:31 BXR
Nutrients
Ammonia-Nitrogen 0.3 0.1 0.09 mg/L SM 4500NH3 G 08/23/24 11:39 GMB Kjeldahl Nitrogen 1.4 0.1 0.1 mg/L EPA 351.2 08/26/24 13:01 VMV Total Nitrogen 3.8 0.40 mg/L Calculation
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
401
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 9 of 10
Project Name:
30-Aug-2024
Work Order Number: C4H2874
Received on Ice (Y/N): Yes Temp: 10 °C
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C4H2874
Notes and Definitions
J Estimated value
N-BOD1 Dilution water blank exceeds 0.20 mg/L. As per method, data is reportable as qualified.

Approval
cc:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 10 of 10
Project Name:
30-Aug-2024
Work Order Number: C4H2874
Received on Ice (Y/N): Yes Temp: 10 °C
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C4H2874
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
403
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 1 of 9
Project Name:
09-Sep-2024 Work Order Number: C4H3788
Received on Ice (Y/N): Yes Temp: 8 °C
PERC - Weekly WW
Adelanto WWTP
C4H3788
Attached is the analytical report for the sample(s) received for your project. Below is a list of the individual sample descriptions with the corresponding laboratory number(s). Also, enclosed is a copy of the Chain of Custody document (if received with your sample(s)). Please note any unused portion of the sample(s) may be responsibly discarded after 30 days from the above report date, unless you have requested otherwise.

Thank you for the opportunity to serve your analytical needs. If you have any questions or concerns regarding this report please contact our client service department.

Sample Identification
Lab Sample # Client Sample ID Matrix Date Sampled By Date Submitted By C4H3788-01 Liquid 08/28/24 6:10 Tristan Hause Courier
(Guillermo)-DE
Influent ---ROUTINE--- 08/28/24 13:45
C4H3788-02 Liquid 08/28/24 6:20 Tristan Hause Courier
(Guillermo)-DE
Effluent ---ROUTINE--- 08/28/24 13:45
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
404
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 2 of 9
Project Name:
09-Sep-2024 Work Order Number: C4H3788
Received on Ice (Y/N): Yes Temp: 8 °C
PERC - Weekly WW
Adelanto WWTP
C4H3788
Laboratory Reference Number
Sample Description
08/28/24 06:10
Sampled Date/Time Received Date/Time
08/28/24 13:45
Matrix
Influent Liquid
C4H3788-01
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Solids
Total Suspended Solids 200 6 6 mg/L SM 2540D 08/28/24 23:03 RJB Aggregate Organic Compounds
Biochemical Oxygen Demand 160 50 50 mg/L SM 5210B 08/29/24 20:42 RJB N-BOD1 Nutrients
Ammonia-Nitrogen 32 5.1 4.5 mg/L SM 4500NH3 G 08/30/24 11:22 GMB mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
405
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 3 of 9
Project Name:
09-Sep-2024 Work Order Number: C4H3788
Received on Ice (Y/N): Yes Temp: 8 °C
PERC - Weekly WW
Adelanto WWTP
C4H3788
Laboratory Reference Number
Sample Description
08/28/24 06:20
Sampled Date/Time Received Date/Time
08/28/24 13:45
Matrix
Effluent Liquid
C4H3788-02
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Anions
Nitrate as N 0.69 0.20 0.12 mg/L EPA 300.0 08/29/24 07:17 ANM Nitrite as N ND 0.1 0.09 mg/L EPA 300.0 08/29/24 07:17 ANM Solids
Total Suspended Solids 0.9 0.5 0.5 mg/L SM 2540D 08/28/24 23:03 RJB Aggregate Organic Compounds
Biochemical Oxygen Demand ND 2.5 2.5 mg/L SM 5210B 08/29/24 20:46 RJB N-BOD1 Nutrients
Ammonia-Nitrogen 0.3 0.1 0.09 mg/L SM 4500NH3 G 08/30/24 11:24 GMB Kjeldahl Nitrogen 1.2 0.1 0.1 mg/L EPA 351.2 08/29/24 20:24 CXR Total Nitrogen 1.9 0.40 mg/L Calculation
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
406
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 8 of 9
Project Name:
09-Sep-2024 Work Order Number: C4H3788
Received on Ice (Y/N): Yes Temp: 8 °C
PERC - Weekly WW
Adelanto WWTP
C4H3788
Notes and Definitions
J Estimated value
N-BOD1 Dilution water blank exceeds 0.20 mg/L. As per method, data is reportable as qualified.

Approval
cc:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 9 of 9
Project Name:
09-Sep-2024 Work Order Number: C4H3788
Received on Ice (Y/N): Yes Temp: 8 °C
PERC - Weekly WW
Adelanto WWTP
C4H3788
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
408
Section H
CIP Report
409
Project # Estimated
Cost
Project
start
date
$'s spent
to date
Scope Comments Status
1 $1,800,000 22-23 Expand WWTP to 3.7-4.0
MGD. Budget 2023-24
Install 5th influent pump, 4th turbo
blower, replace DO probes, install
NO3 probes, add polymer at sec
clarifier, upgrade water system.

WWTP at 3.0 MGD Ave daily flow.

PACE completed capacity
assesment.75% design
completed. Final report
expected end of April 2024
2 $1,000,000 22-23 Install Auburn & 395
parallel sewer main
Install parallel sewer main on
Auburn under Hwy 395. to relieve
surcharged sewer condition
observed .

Engineering is designing, 60%
complete
3 300,000 23-24
Pearmain & Taylor
collection system
surgcharging
This intersection has been
identified with 90 % surcharging.

Project consists of replacement of
~180 feet of sewer. This is cleaned
monthly
obtaining quotes from vendors
4 ? 23-24 Steelwave lift station
Steelwave is North of WWTP.

Needs pump station & force main
south to WWTP.

Not started
5 $2,000,000 24-25 Move effluent ponds
North or GAFB Acquire land, build ponds Not started
6 ? 24-25 Perform master plan and
include reclaimed water Post RFP, select consultant. Not started 7 ? 24-25 GIS mapping Upgrade mapping system Not started 8 ? 24-25
Investigate modeling
sewer collection
bottleneck location
Look more indepth at locations to
determine needs for growth Not started
9 ? 24-25
Design, Bid, construct, to
make Title 22 water at
wwtp
Equipment onsite, but some
replacement equipment needed,
and new analyzers, safety upgrades
along with SCADA tie ins and title
22 eng report.

Not started, city obtaining grant
funding
10 ? 24-25
Purple piping to new
parks and local school
districts landscaping
Design, bid, construct Not started
11 $50,000 20-21 Muskrat sewer lift
Station.
install radio communcation and
ancillary equipment to allow data
to existing WWTP SCADA system.

Includes programming, parts and
alarm notifications.

Obtained bids, waiting for
budget approval
12 $150,000 21-22
Upgrade cleanouts to
manholes for
maintenance access.

There are several cleanouts in
Joshua Estates that can't be
maintained. Convert to manholes
for cleaning maintenance
Obtained bids, waiting for
budget approval
13 $400,000 21-22
Purchase CCTV Van for
locating and raising
buried Manholes.

There are many manholes that are
below ground surface for >20 years.

Locate & raise to grade. Cannot
perform maintenance of sewer
lines.

Obtained bids, waiting for
budget approval
14 $200,000 Ponds 2 & 3
Pond 2 & 3 rehabilitation to
emergency bypass ponds pursuant
to 2013 Application for Waste
Discharge.

Not started
Adelanto Wastewater CIP 2024-25
410
Estimated costs
Completed
date
Actual
costs Project Description remarks
$1,500,000 2/1/22 ? Increase Sewer Main Capacity
carryover from 2019-20
Install parallel sewer main on Pairmain St. to relieve surcharged sewer condition observed on Jonathan St. sewer main.

COMPLETED
$750,000.00 9/1/21 $749,995.00
WWTP Dewatering System
carryover from 2018-19

1. Engineer, purchase, install new centrifuge. Demo of old unit.

Original centrifuge not sized for increased flows and nonoperational

2. Rezise existing sludge feed pump and polymer feed unit.

3. Repair existing grinder/macerator ("muffin monster"). COMPLETED $5,000.00 $5,423.41 "Smart covers" # 6 manhole level and flow monitoring sensing device.

Additional smart cover for lift station manhole to prevents sewer spills and vandalism spills. 10 years with battery replacement every two years

RECEIVED

COMPLETED
$11,000.00 $10,846.82 "Smart covers" # 4 & 5 manhole level and flow monitoring sensing device.

Additional smart cover for lift station manhole to prevents sewer spills and vandalism spills. 10 years with battery replacement every two years

RECEIVED

COMPLETED
$11,000.00 10/15/21 $10,416.82 "Smart covers" # 2 & 3 manhole level and flow monitoring sensing device.

Surcharged manholes at trunck sewer at Auburn/Bellflower. 10 years with battery replacement every two years

RECEIVED

COMPLETED
$5,000.00 2/20/20 $4,743.32 "Smart covers" # 1 manhole level and flow monitoring sensing device.

Surcharged manhole at trunck sewer at Jonathan/Bartlett. 10 years with battery replacement every two years

RECEIVED

COMPLETED
$50,000.00 8/1/20 $48,000.00
Influent Lift Station Pump
carryover from 2019-20
Reconfigure Influent lift station pump control wiring. Wires were cut during bypass of influent to VVWRA. Pump currently has no operational signals. System could overflow or pump could overheat. Reconfigure Influent lift station pump control logic for interlocked operation with other pumps on new SCADA. COMPLETED $75,400.00 Manhole (4) Rehabilitation
carryover from 2019-20
Deteriorated manholes at Aster & Vintage require urgent replacement. Includes bypass pumping. COMPLETED
$55,500 7/1/22 $51,500 Remove GE SCADA PLC. Budgeted 2021-22 GE SCADA PLC from blower installed in 1998. GE interferes at times with newer SCADA PLC hardware COMPLETED
Adelanto Wastewater Completed CIP 2023-24
9/12/2024
411

ADELANTO PUBLIC UTILITY AUTHORITY
| 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 25, 2024
TO: Honorable Chairman, and Public Utility Authority Members FROM: Jessie Flores, Executive Director
BY: Richard Burgess, Engineering Services Manager
SUBJECT: APPROVAL OF AMENDMENT #1 WITH WEBB AND ASSOCIATES TO UPDATE

WATER MODELS
STAFF RECOMMENDATION:

Staff recommends that the City of Adelanto approves Amendment #1 to Updating Water Models to allow Albert A. WEBB Associates to add Water Master Plan to the original scope.

BACKGROUND:

The City of Adelanto has awarded Albert A. WEBB and Associates a contract to complete a Water Model of the City’s water distribution system in May of 2024. Since then, Albert A. WEBB and Associates has completed the Water Modeling to back the Water Master Plan. Due to the background knowledge that Albert A. WEBB and Associates has gained from completing the Water Modeling, Engineering is recommending that Albert A. WEBB and Associates complete the Water Mater Plan Report as being the most qualified.

FISCAL IMPACT:

The funds will be paid for by the APUA, with no impact on the General Fund. Amendment A price comes out to be $129,731.00.

ATTACHMENTS:

A. Exhibit A, “Scope of Services”
B. Amendment #1
412
AMENDMENT NO. [1]

ADELANTO PUBLIC UTILITY AUTHORITY
AMENDMENT NO. [AMENDMENT # 1] TO
[Updating City of Adelanto Water Models]
This is Amendment No. [1] (“Amendment No.[1]”) to that certain [Updating City of Adelanto Water Models] (“Agreement”) made on [May,10,2023] between the City of Adelanto (“City”) and [Albert A. WEBB Associates] (“Consultant”), which this Amendment No. [1] is made and entered into on [9/25/2024] to [ADDING “WATER MASTER PLAN REPORT FOR THE CITY OF ADELANTO”]:

1. Capitalized terms used but not defined in this Amendment No. [1] shall have the meanings ascribed to them in the Agreement.

2. [SECTION A1, “[SECTION A1]” is amended to read as follows:
[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 in consistency 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 in consistency 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.] Section 1.1, “Term of Services” is amended to read as follows:

1.1 Term of Services. The term of this Agreement shall begin on [September 25,2004] and shall end on [DECEMBER 20, 2024] unless the term of the 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 the City's right to terminate the Agreement, as provided for in Section 8.

Commented [SJ1]: Use the term in the underlying
Agreement ie: “Consultant” for Professional Services
Agreements, and “Contractor” for Contract Services
Agreements.
413

AMENDMENT
NO. [1]
SECTION 2, “Compensation” is amended to read as follows, increasing the contract amount by: [ONE HUNDRED AND TWENTY-NINE THOUSAND, SEVEN HUNDRED AND THIRTY-ONE DOLLARS WITH ZERO CENTS ($129,731.00)]
SECTION 2. COMPENSATION.

City hereby agrees to pay [Consultant] a sum not to exceed [ONE HUNDRED

AND TWENTY-NINE THOUSAND, SEVEN HUNDRED AND THIRTY-ONE
DOLLARS WITH ZERO CENTS ($129,731.00)] 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. The 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.

Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:

EXHIBIT A

SCOPE OF SERVICES
Contractor shall provide [WATER MASTER PLAN REPORT FOR THE CITY OF ADELANTO] services in the amount not to exceed [$129,731] as further detailed in the following page(s).

3. All other terms and conditions of the Agreement remain in full force and effect.

4. This Amendment No. [1] may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)
414

AMENDMENT
NO. [1]
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]
415
AMENDMENT NO. [1]

EXHIBIT A
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20240324
3788 McCray Street, Riverside, CA 92506 | P:951.686.1070 | F:951.788.1256 | www.webbassociates.com J:\FORMAL PROPOSALS\City of Adelanto\20240324 - City of Adelanto - Water MP\Master Plan Revised SET2024\Final_Water MP Proposal_2024-09-04.docx
September 5, 2024
Kavous Emami
City Engineer

CITY OF ADELANTO
11600 AIR EXPRESSWAY
ADELANTO, CA 92301
RE: Proposal for Water Master Plan Report for the City of Adelanto Dear Mr. Emami:

Albert A. WEBB Associates (WEBB) is pleased to provide you with this proposal to prepare the Water Master Plan for the City of Adelanto, California. Enclosed you will find our Project Understanding (Exhibit “A”), Scope of Work (Exhibit “B”), Compensation for Services (Exhibit “C”), Manhour Estimate (Exhibit “D”), Project Schedule (Exhibit “E”), Detailed Project Schedule (Exhibit “F”) for your review and consideration.

If you find this proposal acceptable, please notify our office so a contract agreement can be prepared.

We appreciate this opportunity to be of service to your firm and look forward to hearing from you. If you have any questions regarding this proposal, please contact us at 951-686-1070.

Sincerely,

ALBERT A. WEBB ASSOCIATES
Kristopher Danielson, PE
Senior Engineer
Bradley Sackett, PE
Senior Engineer
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418
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••
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➢➢➢➢➢➢➢➢➢➢➢➢
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Item Description
Bruce A. Davis,
Principal II
Kristopher A.

Danielson, Principal I
Chandler R. Drachslin,
Assistant V
Christopher Rountree,
Assistant V
Tiana Mundell, Project
Coordinator
Shane Bloomfield,
Principal II
Sinnaro Yos, Senior III
Total Hours
Subtotal - Labor
Expenses
Total/task
1 Billout Rate 302$ 287$ 189$ 189$ 135$ 302$ 272$
Task 1 - Description (Phase XXXX) Project Management and Meetings 4 20 10 12 46 $ 10,458 $ - $ 10,458

1.1 Project Management and Meetings 4 6 6 16 $ 3,740 $ 3,7401.2 Workshops (3) 6 6 4 16 $ 3,396 $ 3,3961.3 City Council Presentation and attendance 8 4 2 14 $ 3,322 $ 3,322 Task 2 - Description (Phase XXXX) Land Use and Existing Data Review 6 2 4 36 36 84 $ 23,520 $ 400 $ 23,920

2.1 Land Use and Population Projections 2 2 4 $ 952 $ 9522.2 Data Collection and Review 2 4 6 $ 1,330 $ 1,3302.3 System Inventory 1 24 24 49 $ 14,063 $ 300 $ 14,3632.4 Preliminary Condition Assessment 1 12 12 25 $ 7,175 $ 100 $ 7,275 Task 4 - Description (Phase XXXX) Water Model Development 2 30 94 6 1 133 $ 28,249 $ - $ 28,249

4.1 Model Geometry $ - $ -4.2 Facility Information 2 6 8 $ 1,708 $ 1,7084.3 Operational Controls 4 4 8 $ 1,904 $ 1,9044.4 Potable Water Demand Factors $ - $ -4.5 Peaking Relationship $ - $ -4.6 Potable Water Demand Allocation $ - $ -4.7 Diurnal Curves and User Patterns 2 2 4 $ 952 $ 9524.8 Update smaller Pipelines 2 10 48 1 61 $ 12,681 $ 12,6814.9 Reimbursement for Water Duty Factor Dev. 12 40 52 $ 11,004 $ 11,004 Task 6 - Description (Phase XXXX) System Analysis 38 36 16 4 94 $ 21,942 $ - $ 21,942

6.1 Distribution System Analysis (EPS) 2 4 6 $ 1,330 $ 1,3306.2 Supply Analysis 8 16 4 28 $ 6,528 $ 6,5286.3 Additional Analysis 8 8 16 $ 3,808 $ 3,8086.4 Reimbursement for Value Windows Analysis 16 8 24 $ 6,104 $ 6,1046.5 PRV Removal Analysis 4 16 20 $ 4,172 $ 4,172 Water Master Plan (20240324)City of Adelanto
J:\FORMAL PROPOSALS\City of Adelanto\20240324 - City of Adelanto - Water MP\Master Plan Revised SET2024\City of Adelanto - Water Master Plan - Hour Estimate - DRAFT_2024-9-4 9/5/20248:58 AM 430
Item Description
Bruce A. Davis,
Principal II
Kristopher A.

Danielson, Principal I
Chandler R. Drachslin,
Assistant V
Christopher Rountree,
Assistant V
Tiana Mundell, Project
Coordinator
Shane Bloomfield,
Principal II
Sinnaro Yos, Senior III
Total Hours
Subtotal - Labor
Expenses
Total/task
1 Water Master Plan (20240324)City of Adelanto
Task 7 - Description (Phase XXXX) Capital Improvement Program 4 8 16 28 $ 5,684 $ - $ 5,684

7.1 Capital Improvement Program 4 8 16 28 $ 5,684 $ 5,684 Task 8 - Description (Phase XXXX) Master Plan Report 36 20 64 8 128 $ 27,288 $ - $ 27,288

8.1 Draft Master Plan Report 24 12 40 4 80 $ 17,256 $ 17,2568.2 Final Master Plan Report 12 8 24 4 48 $ 10,032 $ 10,032 Task 9 - Water System Graphics 10 64 26 6 106 $ 20,690 $ - $ 20,690

9.1 Nodal Map 8 4 2 14 $ 2,538 $ 2,5389.2 Existing System Map 2 16 8 2 28 $ 5,380 $ 5,3809.3 Proposed System Map 2 8 4 2 16 $ 3,112 $ 3,1129.4 Fire Flow,10 major Intersection each zone 6 24 8 38 $ 7,770 $ 7,7709.5 Numbering System for hydrants 8 2 10 $ 1,890 $ 1,890 Task 10 - Credit for Model License/Training $ - $ - $ (8,500) 6 144 234 132 27 40 36 619 $137,831 $ 400 $ 129,731

1. Rounded to the nearest $1.

Total
J:\FORMAL PROPOSALS\City of Adelanto\20240324 - City of Adelanto - Water MP\Master Plan Revised SET2024\City of Adelanto - Water Master Plan - Hour Estimate - DRAFT_2024-9-4 9/5/20248:58 AM 431
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ID Task Name Start Finish
1 TASK 1 - PROJECT MANAGEMENT AND MEETINGS Tue 10/1/24 Wed 1/29/25 2 Kick Off Meeting Tue 10/1/24 Tue 10/1/24
3 Project Update / Workshop Mon 10/28/24 Mon 10/28/24
4 Project Update / Workshop Wed 12/4/24 Wed 12/4/24
5 City Council Workshop Wed 2/5/25 Wed 2/5/25
6 TASK 2 - LAND USE AND EXISTING DATA REVIEW Tue 10/1/24 Mon 10/7/24 7 Land Use and Population Projections Tue 10/1/24 Mon 10/7/24 8 Data Collection Review Tue 10/1/24 Mon 10/7/24
9 TASK 3 - POTABLE WATER SYSTEM ANALYSIS Tue 10/8/24 Mon 10/14/24 10 Existing System Description Tue 10/8/24 Mon 10/14/24 11 System Planning and Analysis Criteria Tue 10/8/24 Mon 10/14/24 12 TASK 4 - WATER MODEL DEVELOPMENT Tue 10/15/24 Mon 10/21/24 13 Model Geometry Tue 10/15/24 Mon 10/21/24
14 Facility Information Tue 10/15/24 Mon 10/21/24
15 Opertional Controls Tue 10/15/24 Mon 10/21/24
16 Potable Water Demand Factors Tue 10/15/24 Mon 10/21/24 17 Peaking Relationships Tue 10/15/24 Mon 10/21/24
18 Potable Water Demand Allocation Tue 10/15/24 Mon 10/21/24 19 Diurnal Curves and User Patterns Tue 10/15/24 Mon 10/21/24 20 TASK 6 - SYSTEM ANALYSIS Tue 10/22/24 Mon 11/11/24
21 Distribution System Analysis Tue 10/22/24 Mon 10/28/24 22 Water Supply Analysis Tue 10/22/24 Mon 11/11/24
23 Additional Analysis Tue 10/29/24 Mon 11/11/24
24 TASK 7 - CAPITAL IMPROVEMENT PROGRAM Tue 11/12/24 Wed 12/4/24 25 TASK 8 - MASTER PLAN REPORT Tue 11/12/24 Wed 1/29/25 26 Draft Report Tue 11/12/24 Wed 12/18/24
27 City Review Thu 12/19/24 Wed 1/15/25
28 Final Report Thu 1/16/25 Wed 1/29/25
29 TASK 9 - WATER SYSTEM GRAPHICS Tue 11/12/24 Wed 12/4/24 10/1
10/28
12/4
2/5
Oct '24 Nov '24 Dec '24 Jan '25 Feb '25
2025
City of Adelanto - Water Facilities Master PlanProposed Schedule based on start date of 10/1/2024

Page 1 ends

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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.
435
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. 436
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 437
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;
438
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 439
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 441
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 442
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 443
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 444
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 445
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 446
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 447
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 448
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. 449
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 450
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 452
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.
[SIGNATURES ON FOLLOWING 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: 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:_____________________
454
21 EXHIBIT “A”

CITY RFP
455
456
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 458
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 462
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
465
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 466
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 467
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 468
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 469
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 470
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 471
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 472
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 473
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 474
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 475
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. 476
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 478
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 479
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 480
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 481
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 482
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 483
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.
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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
490
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 491
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 492
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 493
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: ____________________________________________________ 494
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: ____________________________________________________

495
1 EXHIBIT “B”

CONTRACTOR PROPOSAL
496
Prepared for
Proposal to Provide
City of Adelanto
Water Model
March 27, 2023
497
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
498
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
499
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 500
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
501
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

HARRISON AVE

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
502
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]
503
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
8''
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5.5''
24''
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4''
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6''
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24''
8''
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12''
8''
8''
8''
12''
8''
8''
16''
24''
24''
8''
8''
8''
12''
24''
24''
8'
8''
6''
6''
10''
8''
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4''
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4''
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8''
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4''
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6''
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6'' 16''
8''
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18''
24''
12''
12''
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]
504
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]
505
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
506
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
507
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.

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)
508
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 510
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. 516
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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Kristopher A. Danielson, PE
Senior Engineer
Kristopher (Kris) Danielson, PE, is a Senior Engineer with WEBB’s Water Resources Department. Kris specializes in hydraulic analysis, sewer system master planning, and water master planning. His responsibilities include the planning and design of public works facilities, fluid system modeling, and report preparation.

REGISTRATIONS
Registered Civil Engineer C 79743 (CA)

EDUCATION
BS, Civil Engineering
Brigham Young University
AS, General Studies
Ricks College

CERTIFICATIONS
Sewer CAD Master Modeler
Water Distribution Modeling

AFFILIATIONS
American Society of Civil Engineers (ASCE)
Water Master Plan, Jurupa Community Services District - 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 District’s long-term and sustainable water supply and infrastructure.

Water Master Plan, Rubidoux Community Services District (District) - Kris assisted in the preparation of a comprehensive update of the District’s Water Master Plan which included the updating of the sewer master plan and preparing the urban water master plan, all on consistent data and land use assumptions.

The District’s service area is approximately 5,400 acres and services approximately 37,000 people.

Water Master Plan, Crestline Lake Arrowhead Water Agency (Agency)- Kris assisted with the preparation of the 2018 Water Master Plan for the District.

The Master Plan update included the inventory of existing facilities, service area evaluation, design criteria, model development, hydraulic analysis, alternative assessment, capital improvement plan, routine maintenance plan, and the master plan report. WEBB also worked the Agency to develop a GIS model and 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.

Master Sewer Plan, Mission Springs Water District,
Desert Hot Springs - Kris assisted in the preparation of the Master Sewer Plan of over 32,000 acres (including the City of Desert Hot Springs and North Palm Springs).

He conducted the hydraulic analyses by modeling both the existing and ultimate system. The report analyzed population, environmental and engineering constraints, land utilization, exiting and protected water and wastewater characteristic, waste discharge and treatment requirements, projected wastewater flow criteria, facility design criteria, alternatives, existing facilities, and the proposed system.

Appendix A. Team Resumes
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Fire Flow Test and Hydraulic Modeling Consultant Engineer, Eastern Municipal Water District (District) - Kris served as Project Manager leading the WEBB Team, who worked closely with the Development Service Department, to prepare over 140 fire flow tests which included two-hour, four-hour, and hydraulic boundary condition tests. Kris worked with developers providing hydraulic analysis at the District’s office where he worked with the District’s water model on behalf of the developers to expedite the analysis and review process. The average return time was 9.6 calendar days for these tests from the day the test request was sent to WEBB, to the time the results were returned to the District.

Riverside Regional Water Quality Control Plant Phase 1 Plant Expansion, City of Riverside - Kris was a Project Engineer for the Riverside Regional Water Quality Control Plant Phase 1 Plant Expansion Project. His responsibilities included the preparation of a CAD 3D model of all underground utilities, the development of CAD drawing for proposed utilities, conducting a recycled water hydraulic analysis, and coordinating design efforts with two other engineering firms in this joint effort plant expansion. Civil design for this $220 million wastewater plant expansion project. As a consulting partner to CDM Smith, WEBB was responsible for all aspects of the civil design including record research to establish horizontal and vertical control consistent with the District’s survey datum, aerial targeting and mapping, field topography mapping, existing utility identification and mapping, development of horizontal control drawings for existing and new facilities, development of grading plans for new improvements, development of yard piping drawings to connect existing and new facilities, development of demolition drawings to remove abandoned and unneeded facilities, and development of landscape plans. The Utility Master Plan (UMP) developed for this project served as a complete basemap for the proposed improvements as well as future design projects.

French Valley Specific Plan, Regent Properties - Kris served as Project Engineer for the water facility section of the plan of service report for the 340-acre, 1,300-home Bell Terre development project in French Valley in southern Riverside County. Kris worked in Eastern Municipal Water District’s (EMWD’s) Perris Headquarters, using the agency’s sophisticated hydraulic model to run alternative scenarios, prepare exhibits, and coordinate with EMWD’s operations and planning departments to identity system impacts and required improvements County Club Village Wastewater Capacity Study, City of Calimesa - Kris served as Project Manager for this project where the City of Beaumont (Beaumont) required the City of Calimesa (Calimesa) to prepare a sewer availability study for the Country Club Village (CCV) development project currently being planned within Calimesa’s boundaries. This area receives sewer service from Beaumont through contract arrangements. Sewage from this development will be delivered into Beaumont’s collection system and treated at Beaumont’s Wastewater Treatment Plant.

Lakeside Lift Station, Jurupa Community Services District (District) - Kris served as Senior Engineer for this project. The Lakeside Lift Station and force main was decommissioned by the District when the Indian Hills Wastewater Reclamation “Plant 2” was abandoned. The lift station has an existing 8-inch diameter overflow connection within its wet well structure. Currently, wastewater within the wet well surcharges and flows into this overflow connection which outlets into an existing 12-inch diameter gravity main on Limonite Avenue, also known as the “Plant 2 Overflow Line”. Because the wastewater must surcharge to flow into the Limonite Avenue line, there is an excessive build up of grease in the wet well that requires cleaning on a constant basis. The Kristopher A. Danielson, PE
Senior Engineer
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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 Albert A. Webb Associates (WEBB).

Bruce has been a full-time employee of WEBB since 1986. Bruce currently serves as Director of Water Resources. As Director, he oversees all water and wastewater projects performed by the firm. Since 2018, Bruce has taken the lead representing WEBB in matters involving engineering standard of care and risk management.

Bruce is a registered civil engineer in the State of California.

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

7.0-million-gallon storage tank.

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

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

Bruce Davis, PE
Senior Vice President
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Heacock Channel Design Project, March Joint Powers Authority - Joseph served as the Project Manager for Phase 3 of the Heacock Channel Design Project for the March Joint Powers Authority. The project included the preparation of final improvement plans, traffic control plans, and a hydrology and hydraulic report for approximately 3,600-LF of the channel. The project extends from Lateral A of the Perris Valley Storm Drain north along Heacock Avenue to the southern end of an existing land fill. WEBB’s services also included project management and coordination throughout the duration of the project including attendance at project design team meetings, quality control services, and all other processing of improvement for necessary project approvals.

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

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

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

This project is located in the middle of a major watercourse. The watershed tributary 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.

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

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

AFFILIATIONS
American Society of Civil Engineers (ASCE)
American Public Works Association (APWA)
California Storm Water Quality Association
(CASQA)
Floodplain Management Association (FMA)
522
A-5
to the project is over 4,000 acres and the creek is designated on the Flood Insurance Rate Map by FEMA. The City’s goal was to reduce the peak flow utilizing a series of detention basins that in turn will reduce peak flow rates downstream and reduce the burden on those downstream facilities. This reduction in peak flow rates was accomplished through the removal of sediment/debris load and the attenuation of peak flooding through the use of the proposed basins. In addition to providing flood control benefits, this project also provided certain environmental and water quality benefits. To do this, the flood control facilities were developed in such a manner so the construction preserves riparian vegetation, where possible, and implements other measures for environmental and water quality impacts. In order to accomplish this, WEBB reviewed the conceptual design and provided a more precise analysis of the level of flood control protection the basins will provide.

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

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

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

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

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

Joseph Caldwell, PE, CPESC, CPSWQ, QSD, QSP, CFM
Water Resources Practice Leader
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Bradley A. Sackett, PE
Senior Engineer
Brad 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 takeover and integration of systems with a focus on cost effective and efficient transitions.

REGISTRATIONS
Registered Civil Engineer C 65862 (CA)

EDUCATION
BS, Chemical Engineering
Massachusetts Institute of Technology

AFFILIATIONS
American Water Works Association (AWWA)
Water Master Plan, Rubidoux Community Services District (District) - Brad assisted in the preparation of a comprehensive update of the District’s Water Master Plan which included the updating of the sewer master plan and preparing the urban water master plan, all on consistent data and land use assumptions. The District’s service area is approximately 5,400 acres and services approximately 37,000 people.

Lakeview/Nuevo Area Wide Master Plan, Eastern Municipal Water District (District) - The Master Plan area encompasses 16.7 square miles currently within the District’s existing 1698, 1720, and 1831 water pressure zones. The areas of these pressure zones will be expanded and/or modified to place the entire project area within three water pressure zones; 1720, 1831, and 1850. The proposed water, sewer, and recycled water facilities conceive approximately 179,200-FT (33.9 miles) of water transmission pipelines, approximately 111,900-FT (21.2 miles) of sewer collection and interceptor pipelines, and 99,100-FT (18.8 miles) of recycled water pipelines.

These service facilities also include the installation of five new and the relocation of two existing water booster stations, installation of four new sewer lift stations, and the construction of six above‑ground water storage tanks (reservoirs) at five locations.
524
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Bradley A. Sackett, PE
Senior Engineer
Master Plan Updates, Western Municipal Water District (District) - Brad served as Project Manager for the District’s project. This project for included updates to the North and South AFC Master Plan, the Sewer Master Plan, MARB Water Master Plan, the Recycled Water Master Plan, the Murrieta Water Master Plan, and development of the Murrieta Sewer Master Plan. All plans were brought current by verifying the current land use, EDU’s and demands, updating facilities to be constructed and associated cost estimates, and preparing a CEQA document at the programmatic level allowing the District to consider adoption of the master plan by the Board of Directors. The master plans and associated CEQA document was presented to the Board for consideration.

Water Supply Evaluation, Western Municipal Water District (District) - Brad served as Project Manager for the District’s project. In 2016, WEBB provided engineering services to evaluate available water export amounts from Riverside Highland Water Company’s (RHWC) rights that might be transferable to the District in the future. The study results are used as the basis of a lease agreement between the two agencies. The study includes (1) Verify RHWC’s annual water rights within the San Bernardino Basin Area and allowable delivery limits outside of San Bernardino County (2) Determine RHWC’s existing water demands, (3) Determine RHWC’s future demands, in five year increments, out to ultimate build-out, and (4) Identify surplus water rights available for transfer from RHWC to the District at five year increments through build-out.

South Regional Lift Station Analysis, Western Riverside County Regional Wastewater Authority - Brad served as the Project Manager for this project. WEBB obtained as-built plans, pump information, current operating conditions, and ultimate flow projections from each agency. Based on the hydraulic analysis of the systems, WEBB determined the existing system maximum capacity and compared against ultimate daily and instantaneous flow projections. Since there is essentially no storage capacity in the South Regional Lift Station and conveyance system, all wet weather and peak flows must be pumped to the treatment plant to avoid sewer spills or discharges to the IEBL emergency connection. Flow projections included both dry weather and wet weather maximum flows based on estimates of peaking factors for both situations. Improvements were identified to meet the ultimate flow projects.

Baxter Road and Clearview Street Lift Stations, Eastern Municipal Water District - Brad served as Senior Engineer for this project. Two lift stations were partially constructed during the mid-2000’s but were never completed when the housing market collapsed. With the recovery of the housing market and a revised development proposal, WEBB analyzed the proposed development plan based on revised tributary areas, determined the ultimate station capacity, inspected the existing facilities for current condition and salvageable facilities, re-designed and specified all required improvements and installation for both the renovated Baxter Road Lift Station, Clearview Street Lift Station, and the abandonment of the Menifee Court Lift Station. 525
A-8
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.

REGISTRATIONS
Registered Civil Engineer C 94706 (CA)

EDUCATION
BS, Civil Engineering
Colorado State University
As an Assistant Engineer in the Water Resources Department at WEBB, Chandler works on public works projects consisting of major pumping plants, groundwater pumping wells, sewer collection system design, wet well rehabilitation, water distribution system design, wastewater treatment plant design, and hydraulic system modeling using various computer models. Chandler provides support for several projects for public works agency clients including the Eastern Municipal Water District, City of Ontario, City of Riverside, Jurupa Community Services District, and Crestline-Lake Arrowhead Water Agency. In addition, Chandler is WEBB’s GIS expert providing support to all in-house services.

Tri-Palms Country Club Water Main Replacement, Coachella Valley Water District (District) - Elizabeth served as Project Engineer on the WEBB Team providing engineering design services for the Tri-Palms Country Club (TPCC) Water Main Replacement – Phase 1 Project. The project replaced approximately 3,500 LF of aged and undersized asbestos cement domestic water pipelines (ACP) and all appurtenances. The project also relocated the services connections from the back of lot to the front of property in the Phase 1 area within the master-planned community of TPCC, located in the County of Riverside.

North Shore Water Main Replacement, Coachella Valley Water District (District) - Elizabeth served as Project Engineer and the WEBB Team provided engineering design services for the District’s North Shore Water Main replacement project. The project consisted of approximately 10,500 LF of a 12-inch diameter ductile iron pipe (DIP) domestic water transmission main including appurtenances in Bay Drive, Vander Veer Road, 70th Avenue, apportion of Lookout Drive and Sea View Way in the unincorporated territory of Riverside County known as North Shore.
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Darin Hawkes, PE | Principal
Project Experience
Phone: 801.683.3727 | Email: [email protected]
Mr. Hawkes’ has a vast amount of experience in various civil engineering disciplines. He specializes in difficult projects that often have space, access and/or extreme time constraints. He has developed a reputation for being able to view a problem from multiple angles to develop a solution that works for his client. His experience ranges from pumping system design, concrete storage tanks and open reservoir design, to large concrete water storage facilities and high elevation snowmaking reservoirs and dams.

Many of his projects are provided as turn-key solutions for his clients with his direct involvement from conceptual design through contract administration and project close-out. As part of the AQUA team, he has lead and assisted in numerous design projects, the completion of several System Capacity Analyses, Municipal Capital Facility Plans and large-scale Master Plans for both culinary water and wastewater.

Master Plans, Capital Facility Plans, Planning Documents Town of Bennett, CO | Custer Bypass Sewer Alignment Study Principal-in-Charge, Senior Principal Engineer
AQUA assisted the Town of Bennett in identifying the preferred alternative alignment for a new sanitary sewer force main. The Town’s sewer collection system was limited in capacity due to a handful of hydraulic “bottlenecks” in the existing collection system.

AQUA evaluated five (5) different alternatives to add conveyance capacity to the collection system. The alternatives consisted of gravity, pressurized force main, and a combination of both. The project involved hydraulic modeling, master planning, capital facilities planning and cost estimation.

Northpoint Development | Lakeview Business Park Water & Sewer Master Plan
Principal-in-Charge, Senior Principal Engineer
AQUA developed a sanitary sewer system hydraulic model and subsequent capital facilities plan as part of the overall master planning process related to the development of the Lakeview Business Park, a 15M+ square foot commercial, industrial and warehousing development located in Grantsville, UT. The project involved mapping, sewer modeling, master planning, capital facilities planning and cost estimation.

Town of Bennett, CO | Capital Asset Inventory Assessment & Master Plan Senior Principal Engineer
In conjunction with several engineering and planning firms, AQUA Engineering developed the water and sewer portions of the Town of Bennett Capital Asset Inventory Assessment and Master Plan. This involved the development of potable water and sanitary sewer hydraulic models for the entire Town. AQUA evaluated the existing systems against planned developments and proposed capital improvements necessary to meet the increased demands of a growing municipality.

Grantsville, UT | On-Call Sewer Modeling
Principal-in-Charge, Senior Principal Engineer
AQUA provides on-call hydraulic modeling services to the City of Grantsville to assist with development review and master planning updates.

Grantsville, UT | Sanitary Sewer Masterplan
Principal-in-Charge, Senior Principal Engineer
AQUA developed a sanitary sewer system hydraulic model and subsequent capital facilities plan as part of the overall master planning process for the city of Grantsville, UT. The project involved mapping, sewer modeling, master planning, capital facilities planning and cost estimation.

INNOVATIVE ENGINEERING SOLUTIONS
aquaeng.com
Education
Registration
Work Experience
Affiliations
Expertise
BS Civil Engineering,
University of Utah, 2003
Professional Engineer (Structural):

Utah
ASCE
• Hydro and Civil Structural Design
(Storage Tanks, Retaining Walls,
Platforms, etc.)
• Pumping System Design
• Industrial Facility Expansion, Remodel
and Retrofit
• Hydraulic & Hydrologic
• Computer Modeling
• Facility Plans & Master Plans
• Water Resources Treatment
19 Years
527
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Hyrum, UT | Sanitary Sewer Masterplan
Principal-in-Charge, Senior Principal Engineer
AQUA developed a sanitary sewer system hydraulic model and subsequent capital facilities plan as part of the overall master planning process for the city of Grantsville, UT. The project involved mapping, sewer modeling, master planning, capital facilities planning and cost estimation.

Mayflower Mountain Resort Water Master Planning & Design Principal-in-Charge, Senior Principal Engineer
Engineering Analysis, Hydraulic Modeling, Water Master Planning, Water Storage Tanks, Pump Stations, Flow Control Facilities, PRVs, Utility Design, Project Management
Driggs Idaho Water System Facility Plan
Project Engineer
CAD software water modeling, Planning and system characterization CAD Water Model Design, Entire system Master Plan. Overseen CAD modeling and report creation and submission.

Western Zirconium Chemical Milling Facility Site Feasibility Study Senior Principal Engineer
Sage Glen Well Preliminary Engineering Report
Project Engineer
Develop PER as required per Utah Division of Drinking Water Requirements Rural & sensitive site, New well for upscale development. Completed Well Head Protection Area (WHPA) Analysis and CAD Model. Generated a detailed PER report.

Pole Canyon Wet Utilities Master Plan
Project Engineer
Planning, Survey coordination, CAD Utility Modelling, Cost analysis Large system master plan for 900+ unit annexation property including, potable water source, storage, & distribution and storm drain utilities.

Overseen CAD modeling; project cost estimating and funding analysis; and oversee report creation and submission.

West Wendover Nevada Culinary Water and Wastewater System Master Plan

INNOVATIVE ENGINEERING SOLUTIONS
aquaeng.com
Project Experience (continued)
Darin Hawkes, PE | Principal
528
A-11
Project Experience
Phone: 801.683.3733 | Email: [email protected]
Mr. Graue is an intensely ambitious Professional Engineer and Project Manager backed by over a decade of experience in the Water and Energy sectors with a proven track record of successful project delivery and program implementation. Nick’s deep passion for natural resource conservation has steered him to managing engineering projects where technology can be leveraged to achieve a more sustainable infrastructure. Nick’s work experience involves the entire life cycle of engineering projects from capital planning, feasibility analyses and engineering design to contract administration, construction management, facility commissioning and operations consulting.

Mayflower Mountain Resort Water Master Planning & Design, Engineering Analysis, Hydraulic Modeling, Water Master Planning, Water Storage Tanks, Pump Stations, Flow Control Facilities, PRVs, Utility Design, Project Management Northpoint Development | Lakeview Business Park Water & Sewer Master Plan Engineering Analysis, Hydraulic Modeling, Utility Master Planning, Design, Project Management Town of Bennett, CO | Custer Bypass Sewer Alignment Study Engineering Analysis, Hydraulic Modeling, Utility Design, Project Management Boulder County, CO San Souci Water Treatment Plant
Surface Water Treatment, Facility Planning, Design, Permitting, Project Management West Wendover Water GIS Mapping Update
GIS Master Planning, Database Design
Spring Valley Metro District #1, CO Arapahoe Well #2
Groundwater Development, Hydraulic Analysis, Design, Project Management Snowbird Resort Mid-Gad Lodge Spring Collection & Disinfection Project, 2020 Groundwater, Site Utilities, Mechanical Design, Project Management Salt Lake County Service Area 3 Chickadee Ski-Run Water & Sewer Realignment Project
Utilities, Water Distribution, Wastewater Collection, Construction Management Oakley City, UT Cottonwood Springs Improvements
Groundwater, Mechanical Design, Project Management
Aspen Acres Association Spring Improvements,
Groundwater, Mechanical Design, Instrumentation & Controls, Project Management, Construction Management
Mountain Regional Water, Glenwild Booster Station Upgrades Hydraulic Analysis, Mechanical Design, Site Utilities, Permitting Mountain Regional Water, Hidden Creek PRV & Booster,
Construction Management
Metro Water District of Salt Lake and Sandy Telemetry Radio System Improvements Telemetry System Planning & Design
Town of Alta, UT Bay City Mine Pump Improvements
Hydraulic Analysis, Mechanical Design, Permitting
Education
Registration
Work Experience
Affiliations
Certifications
Expertise
BS Civil Engineering
University of Utah, 2013
Professional Engineer:

UT, CO, NV, ID, OR, WA
AWWA
AWWA/Energy Management Committee
Envision Sustainability Professional
(ENV SP), Institute for Sustainable
Infrastructure
• Project Management
• Water System Master Planning
• Hydraulic Modeling
• Pumping System Design
• Intelligent Water Systems
• SCADA & Instrumentation
• Water Conveyance & Transmission
• Asset Management
• Site Utilities
• Water Distribution
• Water Storage Facilities
12 Years

INNOVATIVE ENGINEERING SOLUTIONS
aquaeng.com
Nicholas Graue, PE | Senior Project Engineer
529
B-1
Appendix B. Addendum Acknowledgment
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.

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

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: ____________________________________________________ Albert A. Webb Associates
28 February
Bruce Davis, PE, Senior Vice President
530
EXHIBIT “C”

CONTRACTOR QUOTE
531
1 www.webbassociates.com
March 23, 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:

Albert A. Webb Associates (WEBB) is committed to providing the highest quality service to the City of Adelanto’s (City) Water Master Plan Project. After preparing a detailed scope of work for this project, we have included all the necessary items required to successfully complete it and believe our experience will generate an efficient processing of the project deliverables. WEBB does not anticipate using subscontractors for this project.

We have enclosed the following items for the City’s review:

Hourly Rate Schedule
Total Fees Including Reimbursable Expenses
If you have any questions regarding our proposal or fee, please contact me directly at 951.686.1070, or by email at [email protected].

Sincerely,
Bruce A. Davis, PE
Senior Vice President
[email protected]
Corporate Headquarters
3788 McCray Street
Riverside, CA 92506
T: 951.686.1070
Murrieta Office
41870 Kalmia Street #160
Murrieta, CA 92562
T: 951.686.1070
532
2 Fee Schedule
SCH 2022 (06/01/2022)

CLASSIFICATION
Engineers/Project Managers/Planners/Scientists/ Rates
Assessment/Special Tax Consultants/Landscape Architects/Designers $/Hour Principal II.............................................................................................................................. 302.00 Principal I .............................................................................................................................. 287.00 Senior III ............................................................................................................................... 272.00 Senior II ................................................................................................................................ 259.00 Senior I ............................................................................................................................... 250.00 Associate III .......................................................................................................................... 233.00 Associate II ........................................................................................................................... 220.00 Associate I ............................................................................................................................ 210.00 Assistant V ........................................................................................................................... 189.00 Assistant IV .......................................................................................................................... 170.00 Assistant III ........................................................................................................................... 157.00 Assistant II ............................................................................................................................ 142.00 Assistant I ............................................................................................................................. 125.00 Survey Services
2-Person Survey Party .......................................................................................................... 314.00 1-Person Survey Party ......................................................................................................... 221.00 Inspection Services
Construction Manager II ....................................................................................................... 274.00 Construction Manager I ........................................................................................................ 192.00 Inspector (Non-Prevailing Wage) ......................................................................................... 141.00 Inspector Overtime (Non-Prevailing Wage) .......................................................................... 190.00 Inspector (Prevailing Wage) ................................................................................................. 152.00 Inspector Overtime (Prevailing Wage).................................................................................. 200.00 Administrative Services
Project Coordinator .............................................................................................................. 135.00 Administrative Assistant III ................................................................................................... 115.00 Administrative Assistant II .................................................................................................... 102.00 Administrative Assistant I ..................................................................................................... 81.00 Other Direct Expenses
Incidental Charges ............................................................................................................... Cost + 15% Postage ................................................................................................................................ Cost Subcontracted Services ....................................................................................................... Cost + 15% Special Consultant………………………………………………………………………………… 385.00 Survey/Inspection Per Diem.................................................................................................. Prevailing Wage Rate In-House Delivery Up to 1/2 hour.......................................................................................... 34.00 In-House Delivery 1/2 Hour up to 1 Hour.............................................................................. 67.00 In-House Delivery Over 1 Hour up to 2 Hours ...................................................................... 124.00 In-House Delivery Over 2 Hours ........................................................................................... 178.00 Survey/Inspection Vehicle .................................................................................................... 0.81/Mile Mileage ................................................................................................................................. 0.72/Mile Note: All rates are subject to change based on annual inflation and cost of living adjustments. Prevailing wages are dictated by the California Department of Industrial Relations (DIR). As such, the indicated rate will remain in effect until revised rates are published by the DIR. The rate shown shall be subject to renegotiation to remain in compliance with State requirements if prevailing wages are increased by the DIR. * A FINANCE CHARGE of 1 ½ % per month (18% per year) will be added to any unpaid amount commencing thirty (30) days from invoice date. A mechanic’s lien may be filed for any invoice remaining unpaid after thirty (30) days from invoice date. 533
3 Item Description
Bruce DavisPrincipal II Kristopher DanielsonSenior III Chandler DrachslinAssistant V Elizabeth XiongAssociate II Lexi HinkleyProject Coordinator Joseph CaldwellPrincipal II Total Hours
Subtotal - Labor
Sub-consultant budget
Expenses
Total/task1
Billout Rate $ 302 $ 272 $ 189 $ 220 $ 135 $ 302
Task 1 - Project Management 3 24 1 26 54 $ 11,133 $ - $ - $ 11,133

1.1 Kick-off Meeting 1 2 1 1 5 $ 1,170 $ - $ 1,170

1.2 Work Plan and Schedule 4 2 6 $ 1,358 $ - $ 1,358

1.3 Monthly Coordination Meetings 5 8 13 $ 2,440 $ - $ - $ 2,440

1.4 Periodic Project Updates 6 4 10 $ 2,172 $ - $ - $ 2,172

1.5 QA/QC Program 1 2 6 9 $ 1,656 $ - $ - $ 1,656

1.6 Project Management 1 5 5 11 $ 2,337 $ - $ 2,337
Task 2 - Review Existing Data 18 22 6 46 $ 10,374 $ - $ 100 $ 10,474

2.1 Review GIS Data 2 4 6 $ 1,300 $ - $ 1,300

2.2 Review water master plan and UWMP 4 2 2 8 $ 1,906 $ - $ - $ 1,906

2.3 Review Water System Plans & Data 4 8 4 16 $ 3,480 $ - $ - $ 3,480

2.4 Site Visit and Field Walk 8 8 16 $ 3,688 $ - $ 100 $ 3,788 35 72 48 10 165 $ 35,038 $ - $ - $ 35,038

3.1 Catalog ex. water 12-in and larger 1 8 2 11 $ 2,302 $ - $ 2,302

3.2 Review GIS Data and as-builts 4 30 16 50 $ 10,278 $ - $ 10,278

3.3 Data Conversion to ESRI Format 4 30 16 50 $ 10,278 $ - $ 10,278

3.4 Data Conversion to INFOWATER 2 4 8 14 $ 3,060 $ - $ 3,060

3.5 Training Program 24 8 8 40 $ 9,120 $ - $ 9,120
12 10 4 26 $ 6,034 $ - $ - $ 6,034

4.1 Review Demands 4 2 6 $ 1,466 $ - $ 1,466

4.2 Compare Land Use and Demand Factors 4 8 12 $ 2,600 $ - $ 2,600

4.3 Identify Water Supplies 4 4 8 $ 1,968 $ - $ 1,968
13 8 36 2 59 $ 13,238 $ - $ 10,000 $ 23,238

5.1 Update Model Pipes and Facilities 2 4 12 18 $ 3,940 $ - $ 3,940

5.2 Update Demands 2 4 8 14 $ 3,060 $ - $ 3,060

5.3 Calibrate Model 8 16 24 $ 5,696 $ - $ 5,696

5.4 INFOWATER License - 1 year 1 2 3 $ 542 $ - $ 10,000 $ 10,542 Task 6 - Water Distribution System Analysis 16 32 48 $ 11,392 $ - $ 50 $ 11,442

6.1 Run Scenarios (8) 8 16 24 $ 5,696 $ - $ 5,696

6.2 Document Results 8 16 24 $ 5,696 $ - $ 25 $ 5,721
Task 7 - Water System Graphics 3 15 18 $ 3,651 $ - $ - $ 3,651

7.1 Prepare Exhibits (5) 3 15 18 $ 3,651 $ - $ 3,651
Task 8 - On-Going Modeling Support 4 8 28 40 $ 8,760 $ - $ - $ 8,760

8.1 Modeling Effort 4 8 28 40 $ 8,760 $ - $ 8,760
Total 3 125 136 154 38 456 $ 99,620 $ - $ 10,150 $ 109,770 Water Model for
City of Adelanto
Task 3 - Update Existing Backbone Water
System GIS Map
Task 5 - Update and Calibrate Water System
Hydraulic Model
Task 4 - Review Water Demand Estimates and
Forecast

1. Rounded to the nearest $1.

G:\Proposals\FORMAL PROPOSALS\City of Adelanto\015852 - Water and Sewer Models\Manhour Estimate 015852 3/23/202312:09 PM 534

ADELANTO PUBLIC UTILITY AUTHORITY
| 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 25,2024
TO: Honorable Chairman, and Public Utility Authority Members FROM: Jessie Flores, Executive Director
BY: Richard Burgess, Engineering Services Manager
SUBJECT: AIR EXPY & ADELANTO EMERGENCY PRV REPLACEMENT RATIFICATION STAFF RECOMMENDATION:

Staff recommends City Council to approve the award ratification of the construction contract agreement with High Desert Underground Inc. in the amount of $144,733 to provide Pressure Reduction Valve (PRV) re-construction on the southwest corner Air Epxy and Adelanto Rd.

BACKGROUND:

High Desert Underground Inc. was contracted June 4th to replace the current PRV station due to a severe pipe leak, flooding the vault which could have caused a sever health concern due to cross contamination. HDU was contracted on a emergency basis and due to the amount, this project would need to be ratified for council approval. The PRV has been replaced by constructing a new vault and replacing the over 30 year old PRV with a new pressure reduction valve.

FISCAL IMPACT:

The funds will be paid for by the APUA, with no impact on the General Fund. The Air Expy & Adelanto Emergency PRV Replacement price comes out to be $144,733.

ATTACHMENTS:

A. Contract
535
536
537
538
539
540
541
542
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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 25, 2024
TO: Honorable Chairman, and Public Utility Authority Members FROM: Jessie Flores, Executive Director
BY: Brenda Lopez, City Clerk/ Director of Governmental Services SUBJECT: APPROVAL OF CONTRACT AMENDMENT NO.1 BETWEEN MARIA DEL CARMEN

ESQUIVEL, DBA C&C INTERPRETING SERVICES, THE CITY OF ADELANTO AND

ADELANTO PUBLIC UTILITY AUTHORITY
STAFF RECOMMENDATION:

It is recommended that the City Council and Adelanto Public Utility Authority approve Amendment No. 1 to the Professional Services Agreement with C&C Interpreting Services to ensure continued access to vital translation and interpreting services.

BACKGROUND:

The City of Adelanto contracted with C&C Interpreting Services on August 1, 2022, for translation services during City Council meetings. The initial contract expired, and the City would like to extend it by 1 year. The contract needs to be Increased by $10,000 for a not to exceed amount of $40,000.

To continue fostering effective communication with our non-English speaking residents and to enhance community engagement, we propose the following amendments:
• Extension of Contract Term:

An extension of one additional year, allowing continued access to high-quality interpreting services.
• Compensation:

An increase to the contract in the amount of $10,000 for a not to exceed amount of $40,000.

These adjustments will enable us to maintain our commitment to inclusivity and effective service delivery, ensuring that all community members can participate fully in local governance.

FISCAL IMPACT:
• $10,000 contract amount not to exceed $40,000 to be split between the City and APUA ATTACHMENTS:
• Amendment No. 1 document
• Original Agreement
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CITY OF ADELANTO AND ADELANTO PUBLIC UTILITY AUTHORITY
AMENDMENT NO. # 1 TO

PROFESSIONAL SERVICES AGREEMENT AS-NEEDED FOREIGN LAUNGUAGE TRANSLATION AND INTERPRETING SERVICES (PARTIES: MARIA DEL

CARMEN ESQUIVEL, DBA C&C INTERPRETING SERVICES AND THE CITY OF

ADELANTO)
This is Amendment No. One (“Amendment No.1”) to that certain Professional Services Agreement As-Needed Foreign Language Translation and Interpreting Services (Parties: Maria Del Carmen Esquivel, Dba C&C Interpreting Services and the City Of Adelanto) (“Agreement”) made on August 1, 2022 between City of Adelanto, a California municipal corporation, (“City”), the Adelanto Public Utility Authority, (APUA) a joint powers authority and Maria Del Carmen Esquivel, dba C&C Interpreting Services (“Consultant), which this Amendment No. 1 is made and entered into on September 25, 2024 to extend the term.

1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.

2. Subsection 1.1 Term is amended to read as follows:

Section 1.1, “Term of Services” is amended to read as follows:

1.1 Term of Services. The term of this Agreement shall begin on September 25, 2024 and shall end on September 25, 2025 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 5.1. The time provided to C&C Interpreting to complete the services required by this Agreement shall not affect the City's or Adelanto Public Utility Authority right to terminate the Agreement, as provided for in Section 5.1.

SECTION 1.4, “Compensation” is amended to read as follows, increasing the contract amount by: TEN THOUSAND DOLLARS AND ZERO CENTS ($10,000)
SECTION 1.4. COMPENSATION.

City and Adelanto Public Utility Authority hereby agrees to pay C&C Interpreting a sum not to exceed Forty Thousand Dollars and Zero Cents ($40,000) notwithstanding 565
AMENDMENT NO. [1]
any contrary indications that may be contained in C&C Interpreting 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 and APUA shall pay C&C Interpreting 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 C&C Interpreting for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, C&C Interpreting shall not bill City for duplicate services performed by more than one person.

EXHIBIT A

SCOPE OF SERVICES
Contractor shall provide As-Needed Foreign Language Translation and Interpreting Services in an amount not to exceed $40,000.

3. All other terms and conditions of the Agreement remain in full force and effect.

4. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)
566
AMENDMENT NO. [1]

CITY OF ADELANTO
Jessie Flores, City Manager
Jessie Flores, Executive Director
Attest:

Brenda Lopez, City Clerk
Approved as to Form:

Todd Litfin, City Attorney

CONSULTANT
Maria Del Carmen Esquivel
Owner C&C Interpreting

«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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Simultaneous Interpreting for Meetings per request only. Email requests to [email protected]
Rates are $125 p/h with a minimum of 2 hours. Anything over 2 hours will be in increments of 15 minutes.

Any meetings over 1 hour require a 2nd interpreter.

If Equipment is not available –
Equipment is available for Rent
Transmitter $75.00
Devices are $5.00 each anything over 25 needs to be requested with notice Any meeting canceled 3 days prior is still due for payment.

Translation Services is as follows. .22 cents a word 2–5-day turnaround time. .30 cents a word 1–2-day turnaround time and ASAP .60 cents per word. (Business days) 568
2022

PROFESSIONAL SERVICES AGREEMENT
(Engagement: As-Needed Foreign Language Translation and Interpreting Services) (Parties: Maria Del Carmen Esquivel, dba C&C Interpreting Services and City of Adelanto)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, "Agreement") is made and entered into this 1st day of August 2022 (hereinafter, the "Effective Date") by and between the CITY OF ADELANTO, a municipal corporation (hereinafter, "CITY") and Maria Del Carmen Esquivel, dba C&C Interpreting Services (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 foreign language translation and interpreting services; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, this Agreement was approved by the City Manager pursuant to his authority under Section 3.10.270(E) of the Adelanto Municipal Code.

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

1.1 1.

ENGAGEMENT TERMS
TERM: This Agreement shall have a term commencing from the Effective Date through June 30, 2023 (hereinafter, the '`Term"). 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 as provided under Article V (Termination), below.

1.2 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 proposal of CONSULTANT entitled "C&C Interpreting Services Proposal and Rates" dated August 1, 2022 (hereinafter, the "Scope of Work") which is attached and incorporated hereto as Exhibit "A".
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B. 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 Scope of Work and the provisions of this Agreement, the provisions of this Agreement shall govern and control.

C. 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.

1.3 PROSECUTION OF WORK:

A. CONSULTANT shall perform the Work contemplated under this Agreement on an as-needed basis.

B. Nothing in this Agreement shall be construed to grant CONSULTANT 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 CONSULTANT 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 CONSULTANT 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 below designated 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.

C. CONSULTANT shall perform no Work under this Agreement without a written request from the City Representative, containing the information set forth in Section 1.3(B), above.

D. CONSULTANT shall perform the Work continuously and with due diligence so as to complete the Work by the completion date indicated in each Work Order. CONSULTANT shall cooperate with CITY and in no manner 2 570
interfere with the work of CITY, its employees or other consultants, contractors, or agents.

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

F. 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.

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

1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with "C&C Interpreting Services Proposal and Rates" (hereinafter, the "COMPENSATION RATE") attached and incorporated hereto as Exhibit "A". The foregoing notwithstanding, CONSULTANT's total compensation, for the performance of all Work contemplated under this Agreement. will not exceed the total budgeted sum of Thirty Thousand Dollars ($30,000.00) (hereinafter. the "Not-to-Exceed Sum") during the Term 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 Annual 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-toExceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.

1.5 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.

1.6 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, 3 571
and activities.

1.7 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.

PERFORMANCE OF AGREEMENT

2.1 CITY'S REPRESENTATIVE: The CITY hereby designates Jessie Flores, City Manager (hereinafter, the "CITY Representative") to act as its representative for the performance of this Agreement. The CITY Representative or their designee will act on behalf of the CITY for all purposes under this Agreement.

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

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Maria Del Carmen Esouivel, Owner, 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 her designee will supervise and direct the performance of the Work, using her 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:

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 4 572
within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY's authorized representative.

C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.) CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT's employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks 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 5 573
Work skillfully, competently and to the highest standards of CONSULTANT's profession.

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

2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are 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.
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2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT's officers, employees, agents, contractors, subcontractors or subconsultants is determined by the CITY Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT'S officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.

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

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

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

III.

INSURANCE

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 7 575
(occurrence Form CG 0001) or its equivalent. Such CGL Coverage shall 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 will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.

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

D. Errors & Omissions Insurance: For the full term of this Agreement and for 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 One Million Dollars ($1,000,000.00) 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:V1I. 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 8 576
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 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.

IV.

INDEMNIFICATION

4.1 To the fullest extent permitted by law, the Parties agree to save, indemnify, defend and hold harmless each other from any and all liability, claims, suits, actions, arbitration proceedings, administrative proceedings, and regulatory proceedings, losses, expenses, or any injury or damage of any kind whatsoever whether actual, alleged or threatened, attorney's fees, court costs, and any other costs of any nature without restriction incurred in relation to, as a consequence of, or arising out of, the performance of this Agreement, and attributable to the fault of the other.

Following a determination of the percentage of fault and or liability by agreement between the Parties or a court of competent jurisdiction, the Party responsible for 9 577
liability to the other will indemnify the other Party to this Agreement for the percentage of liability determined.

4.2 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.

4.3 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.

TERMINATION

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

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

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

5.2 EVENTS OF DEFAULT: BREACH OF AGREEMENT:

A. In the event either Party fails to perform any duty, obligation, service or task 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 10 578
Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

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

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

In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT'S refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT'S failure to fulfill or 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.
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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 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT's Default Notice to CITY.

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.

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.

The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
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
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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.

VI.

MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA: LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term "Documents and Data" means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all 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 13 581
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.

CONSULTANT:

Maria Del Carmen Esquivel
C&C Interpreting Services
15631 Kearny Drive
Adelanto, CA 92301
Attn: Maria Del Carmen Esquivel
Phone: (760) 269-6243
CITY:

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

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

6.7 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 14 582
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.

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

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

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

6.16, 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 of this Agreement, however caused, CONSULTANT'S sole remedy being extension of the Agreement pursuant to this 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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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: C&C INTERPRETING SERVICES:

By: ..idillk A A A. I .•a`' By:

Name: le Flores Name: Maria Del Carmen Escuivel
Title: Owner
Date: Date: 08/29/2022

APPROVED AS TO FORM
A i(AVOI,‘t 'kde---
Deputy City Attorney
Title: City Manaoer
By: _
17 585
EXHIBIT "A"

CONSULTANT PROPOSAL
18 586

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 25, 2024
TO: Honorable Chairman, and Public Utility Authority Members FROM: Jessie Flores, Executive Director
SUBJECT: APPROVAL OF THE FUNDING ALLOCATION AND CONTRACT BETWEEN SAN

BERNARDINO COUNTY AND THE CITY OF ADELANTO FOR THE PURCHASE AND INSTALLATION OF SECURITY CAMERAS.

STAFF RECOMMENDATION:

Approve the funding allocation and contract between San Bernardino County and the City of Adelanto for the purchase and installation of security cameras.

BACKGROUND:

The Board of Supervisors has established a policy to collaborate with community partners and leverage funding to enhance the quality of life for County residents. This includes improving public safety, health, and social services through various programs and initiatives.

On multiple occasions, the Board has approved allocations under the Board of Supervisors Discretionary Fund – District Specific Priorities Program (Priorities Program), totaling $20 million for each supervisorial district to address community needs.

The purpose of this contract is to provide funding to the City of Adelanto (Contractor) for the purchase and installation of military-grade Department of Defense security cameras at critical water and wastewater infrastructure locations. This initiative aims to enhance security against vandalism and theft, ensuring the protection of essential water resources for residents in Adelanto and surrounding communities.

Funding this project aligns with the County's mission to enhance public safety and address community needs. By approving this contract, the Board will support the City of Adelanto in securing vital infrastructure, ultimately benefiting residents and promoting a safer environment.

FISCAL IMPACT:

City to receive a not-to-Exceed $1,680,000
ATTACHMENTS:

BDF Funding Agreement
587
Standard Contract Page 1 of 26

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Board of Supervisors
Department Contract Representative Stephanie Maldonado
Telephone Number 909-387-4378
Contractor City of Adelanto
Contractor Representative Jessie Flores
Telephone Number 760-246-2300
Contract Term 10/08/24-10/07/26
Original Contract Amount Not-to-Exceed $1,680,000
Amendment Amount
Total Contract Amount Not-to-Exceed $1,680,000
Cost Center 1021001000
IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, it is the policy of the Board of Supervisors (Board) to work with community partners through services provided by San Bernardino County (County) and contractual agreements to identify programs, projects, and initiatives, that support the mission of the County, and to provide services to citizens that promote health, safety, economic well-being, education, recreation, and other public services that enhance quality of life, and meet the needs of the County’s citizens; and
WHEREAS, under Government Code sections 26224 and 26227 the Board may contract with certain entities to provide certain services to County residents; and,
WHEREAS, on September 21, 2021 (Item No. 18), the Board approved the Board of Supervisors Discretionary Fund – District Specific Priorities Program (Priorities Program) and allocated $4 million to each of the five supervisorial districts; and
WHEREAS, on November 16, 2021 (Item No. 33), the Board approved an additional allocation of $7 million to each of the five supervisorial districts under the Priorities Program; and WHEREAS, on February 6, 2024 (Item No.61), the Board approved an additional allocation of $6 million to each of the five supervisorial districts under the Priorities Program; and Contract Number
SAP Number
588
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WHEREAS, on June 11, 2024 (Item No. 110), the Board approved an additional allocation of $3 million to each of the five supervisorial districts under the Priorities Program; and WHEREAS, the County desires to provide funding for the purchase of military grade Department of Defense security cameras which will be installed at key water and wastewater infrastructure locations identified by the City of Adelanto (Contractor); and
WHEREAS, the Military-grade cameras will be equipped with license plate recognition, night vision, and facial recognition capabilities, aimed at strengthening the protection of essential water resources; and WHEREAS, the County would like Contractor to provide these services; and WHEREAS, the County finds Contractor qualified to manage the contribution of these funds and utilize them for the purchase and installation of security cameras; and
WHEREAS, providing funding to Contractor serves the public purpose of providing for the public safety, health and social service needs of residents by helping to secure water and wastewater facilities impacted by increased crime and vandalism by allowing for the swift identification and prosecution of vandals and water thieves; and WHEREAS, the County residents of Adelanto and the surrounding communities of the First District will be served by the purchase and installation of security cameras; and WHEREAS, the County desires that such services be provided by Contractor and Contractor agrees to perform these services as set forth below.

NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions:

A. PURPOSE OF CONTRACT
This Contract is made for the purpose of providing funding to support Contractor in providing funds to purchase and install security cameras at key water and wastewater infrastructure locations to meet the needs of the residents of Adelanto and surrounding communities.

B. CONTRACTOR RESPONSIBILITIES AND SCOPE OF SERVICES
B.1 Funding arising out of this Contract will be used for a Scope of Services to provide funding to purchase military grade Department of Defense security cameras which will be installed at key water and wastewater infrastructure locations. Military-grade cameras will be equipped with license plate recognition, night vision, and facial recognition capabilities, aimed at strengthening the protection of essential water resources.

B.2 Contractor shall allow the County, its officers, agents and employees the privilege and right to onsite inspection of the locations where the cameras are installed for the duration of this Contract.

Contractor will ensure that its employees or agents furnish any information that in the judgment of the County, may be relevant to a question of compliance with contractual conditions, or the effectiveness, legality, and achievements of the program.

B.3 Contractor shall provide the County all documentation regarding the scope of services covered by this Contract that the County requests from Contractor within 10 days of County’s request unless a different time is agreed to by the County.

B.4 Contractor shall provide the County with documentation supporting completion of the project within 60 days of project completion.

B.5 Contractor acknowledges and agrees that it will make a matching contribution of at least 25% of the cost of the Services that Contractor will provide under this Contract. Contractor’s matching contribution will be a minimum of $168,000.
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C. GENERAL CONTRACT REQUIREMENTS
C.1 Recitals
The recitals set forth above are true and correct and incorporated herein by this reference.

C.2 Contract Amendments
Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Contractor and County.

C.3 Contract Assignability
Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part. Any attempt by Contractor to assign any performance of the terms of this Contract shall be null and void and shall constitute a material breach of this Contract.

C.4 Contract Exclusivity
This is not an exclusive Contract. The County reserves the right to enter into a contract with other contractors for the same or similar services. The County does not guarantee or represent that the Contractor will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.

C.5 Attorney’s Fees and Costs
If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney fees directly arising from a third-party legal action against a party hereto and payable under Indemnification and Insurance Requirements.

C.6 Background Checks for Contractor Personnel
Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (b) do not use legal or illegal substances in any manner which will impact their ability to provide Services to the County; and (c) are not otherwise disqualified from performing the Services under applicable law. If requested by the County and not in violation of applicable law, Contractor shall conduct a background check, at Contractor’s sole expense, on all its personnel providing Services. If requested by the County, Contractor shall provide the results of the background check of each individual to the County. Such background check shall be in the form generally used by Contractor in its initial hiring of employees or contracting for contractors or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12-month period. Contractor personnel who do not meet the County’s hiring criteria, in County’s sole discretion, shall not be assigned to work on County property or Services, and County shall have the right, at its sole option, to refuse access to any Contractor personnel to any County facility.

C.7 Change of Address
Contractor shall notify the County in writing, of any change in mailing address within ten (10) business days of the change.

C.8 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.

C.9 Compliance with County Policy
In performing the Services and while at any County facilities, Contractor personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, procedures, and rules of the County regarding health and safety, and personal, professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet, security, and/or other applicable standards, policies, practices, processes, procedures, and controls of the County; and (d) abide by all laws applicable to the County facilities and the provision of the Services, and all amendments and modifications to each of the documents listed 590
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in subsections (b), (c), and (d) (collectively, “County Policies”). County Policies, and additions or modifications thereto, may be communicated orally or in writing to Contractor or Contractor personnel or may be made available to Contractor or Contractor personnel by conspicuous posting at a County facility, electronic posting, or other means generally used by County to disseminate such information to its employees or contractors. Contractor shall be responsible for the promulgation and distribution of County Policies to Contractor personnel to the extent necessary and appropriate.

County shall have the right to require Contractor’s employees, agents, representatives and subcontractors to exhibit identification credentials issued by County in order to exercise any right of access under this Contract.

C.10 Confidentiality
Contractor shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving Services pursuant to this Contract, except for statistical information not identifying any participant. Contractor shall not use or disclose any identifying information for any other purpose other than carrying out the Contractor's obligations under this Contract, except as may be otherwise required by law. This provision will remain in force even after the termination of the Contract.

C.11 Primary Point of Contact
Contractor will designate an individual to serve as the primary point of contact for the Contract.

Contractor or designee must respond to County inquiries within two (2) business days. Contractor shall not change the primary contact without written acknowledgement to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.

C.12 County Representative
The First District Supervisor or his/her designee shall represent the County in all matters pertaining to the services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by Contractor. Except as provided under Section D of this Contract, if this Contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract.

C.13 Damage to County Property
Contractor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or its employees or agents. Such repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence.

If the Contractor fails to make timely repairs, the County may make any necessary repairs. The Contractor, as determined by the County, shall repay all costs incurred by the County for such repairs, by cash payment upon demand, or County may deduct such costs from any amounts due to the Contractor from the County, as determined at the County’s sole discretion.

C.14 Debarment and Suspension
Contractor certifies that neither it nor its principals or subcontractors is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov).

Contractor further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

C.15 Drug and Alcohol Free Workplace
In recognition of individual rights to work in a safe, healthful and productive work place, as a 591
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material condition of this Contract, the Contractor agrees that the Contractor and the Contractor’s employees, while performing service for the County, on County property, or while using County equipment:

C.15.1 Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.

C.15.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.

C.15.3 Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.

The Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County’s objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County.

The County may terminate for default or breach of this Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor’s employees are determined by the County not to be in compliance with above.

C.16 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.

C.17 Employment Discrimination
During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status.

Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.

C.18 Environmental Requirements
In accordance with County Policy 11-08, the County prefers to acquire and use products with higher levels of post-consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The County requires Contractor to use recycled paper for any printed or photocopied material created as a result of this Contract. Contractor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable.

To assist the county in meeting the reporting requirements of the California Integrated Waste Management Act of 1989 (AB 939), Contractor must be able to annually report the County’s environmentally preferable purchases. Contractor must also be able to report on environmentally preferable goods and materials used in the provision of their service to the County, utilizing a County approved form.

C.19 Improper Influence
Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing 592
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offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.

C.20 Improper Consideration
Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract.

The County, by written notice, may immediately terminate this Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a contract has been awarded.

Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with supervision of the employee or the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.

C.21 Informal Dispute Resolution
In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement.

To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

C.22 Legality and Severability
The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.

C.23 Licenses, Permits and/or Certifications
Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract. Contractor will notify County immediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract.

C.24 Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the County determines that Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.

C.25 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.

C.26 Nondisclosure
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Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the County to Contractor or an agent of Contractor or otherwise made available to Contractor or Contractor’s agent in connection with this Contract; or, (2) acquired, obtained, or learned by Contractor or an agent of Contractor in the performance of this Contract. For purposes of this provision, confidential information means any data, files, software, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialize and includes, but is not limited to, technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.

C.27 Notice of Delays
Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party.

C.28 Ownership of Documents
All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered property of the County upon payment for services (and products, if applicable). All such items shall be delivered to County at the completion of work under the Contract, subject to the requirements of Section IV–Term of the Contract. Unless otherwise directed by County, Contractor may retain copies of such items.

C.29 RESERVED.

C.30 Air, Water Pollution Control, Safety and Health
Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, which apply to the work performed pursuant to this Contract.

C.31 Records
Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for Contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Contract.

All records relating to the Contractor’s personnel, consultants, subcontractors, Services/Scope of Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format. Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles and other standards for accountancy.

C.32 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.

C.33 Release of Information
No news releases, advertisements, public announcements or photographs arising out of the Contract or Contractor’s relationship with County may be made or used without prior written approval of the County.
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C.34 Representation of the County
In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the San Bernardino County.

C.35 Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.

C.36 Subcontracting
Contractor shall obtain County’s written consent, which County may withhold in its sole discretion, before entering into Contracts with or otherwise engaging any subcontractors who may supply any part of the Services to County. At County’s request, Contractor shall provide information regarding the subcontractor’s qualifications and a listing of a subcontractor’s key personnel including, if requested by the County, resumes of proposed subcontractor personnel. Contractor shall remain directly responsible to County for its subcontractors and shall indemnify County for the actions or omissions of its subcontractors under the terms and conditions specified in Section G. All approved subcontractors shall be subject to the provisions of this Contract applicable to Contractor Personnel.

For any subcontractor, Contractor shall:

C.36.1 Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions; and
C.36.2 Ensure that the subcontractor follows County’s reporting formats and procedures as specified by County.

C.36.3 Include in the subcontractor’s subcontract substantially similar terms as are provided in Sections B. Contractor Responsibilities and C. General Contract Requirements.

Upon expiration or termination of this Contract for any reason, County will have the right to enter into direct Contracts with any of the Subcontractors. Contractor agrees that its arrangements with Subcontractors will not prohibit or restrict such Subcontractors from entering into direct Contracts with County.

C.37 Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way concerning the Goods or Services provided under this Contract is served upon Contractor or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by Contractor for County.

C.38 Termination for Convenience
The County and the Contractor each reserve the right to terminate the Contract, for any reason, with a thirty (30) day written notice of termination. Such termination may include all or part of the services described herein. Upon such termination, payment will be made to the Contractor for services rendered and expenses reasonably incurred prior to the effective date of termination.

Upon receipt of termination notice Contractor shall promptly discontinue services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports.

County may immediately terminate this Contract upon the termination, suspension, discontinuation or substantial reduction in County funding for the Contract activity or if for any 595
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reason the timely completion of the scope of work described in Section A or B under this Contract is rendered improbable, infeasible or impossible.

Upon Contract termination, Contractor shall immediately transfer to County all County Funds on hand at the time of expiration and any accounts receivable attributable to the use of County Funds.

C.39 Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.

C.40 Venue
The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District.

C.41 Conflict of Interest
Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or subcontractors and the County. Contractor shall make a reasonable effort to prevent employees, Contractor, or members of governing bodies from using their positions for purposes that are, or give the appearance of being motivated by a desire for private gain for themselves or others such as those with whom they have family business, or other ties.

Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable conflict of interest codes and state law. In the event the County determines a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be disallowed by the County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor’s officers, employees, or agents have family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant.

C.42 Former County Administrative Officials
Contractor agrees to provide, or has already provided information on former San Bernardino County administrative officials (as defined below) who are employed by or represent Contractor.

The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of Contractor. For purposes of this provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Executive Officer or member of such officer’s staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.

C.43 Disclosure of Criminal and Civil Procedures
The County reserves the right to request the information described herein from the Contractor.

Failure to provide the information may result in a termination of the Contract. The County also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The Contractor also may be requested to provide information to clarify initial responses. Negative information discovered may result in Contract termination.

Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime 596
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or offense arising directly or indirectly from the conduct of the firm’s business, or whether the firm, or any of its partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Contractor will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.

In addition, the Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of services by the firm or those individuals. “Legal proceedings” means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulatory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Contractor will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.

For purposes of this provision “key employees” includes any individuals providing direct service to the County. “Key employees” do not include clerical personnel providing service at the firm’s offices or locations.

C.44 Copyright
County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under this Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of this Contract shall acknowledge the San Bernardino County as the funding agency and Contractor as the creator of the publication. No such materials, or properties produced in whole or in part under this Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/visual aids, printer material, and periodicals, assembled pursuant to this Contract must be filed with the County prior to publication.

C.45 Artwork, Proofs and Negatives
All artwork, proofs, and/or negatives in either print or digital format for anything produced under the terms of this Contract are the property of the County. These items must be returned to the County within ten (10) days, upon written notification to the Contractor. In the event of a failure to return the documents, the County is entitled to pursue any available legal remedies. In addition, the Contractor will be barred from all future solicitations, for a period of at least six (6) months.

C.46 Iran Contracting Act
IRAN CONTRACTING ACT OF 2010, Public Contract Code sections 2200 et seq. (Applicable for all Contracts of one million dollars ($1,000,000) or more). In accordance with Public Contract Code section 2204(a), the Contractor certifies that at the time the Contract is signed, the Contractor signing the Contract is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable.

Contractors are cautioned that making a false certification may subject the Contractor to civil penalties, termination of existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code section 2205.

C.47 Prevailing Wage Laws
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By its execution of this Contract, Contractor certifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. 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 certain “public works” and “maintenance” projects. Section 1720 of the California Labor Code states in part: “For purposes of this paragraph, ‘construction’ includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction including, but not limited to, inspection and land surveying work…” If the Services/Scope of Work 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, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor 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 Contractor’s principal place of business and at the project site. Contractor will also adhere to any other applicable requirements, including but not limited to, those regarding the employment of apprentices, travel and subsistence pay, retention and inspection of payroll records, workers compensation and forfeiture of penalties prescribed in the Labor Code for violations. Contractor shall defend, indemnify and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with Prevailing Wage Laws. See Attachment A, which is attached and incorporated by reference, for additional information regarding Prevailing Wage Laws. Contractor shall comply with all applicable terms and conditions in Attachment A. The applicable general prevailing wage determinations are on file with the County and are available to any interested party on request.

Contractor shall post a copy of the applicable prevailing wage determinations at the job site.

C.48 California Consumer Privacy Act
To the extent applicable, if Contractor is a business that collects the personal information of a consumer(s) in performing Services pursuant to this Contract, Contractor must comply with the provisions of the California Consumer Privacy Act (CCPA). (Cal. Civil Code §§1798.100, et seq.).

For purposes of this provision, “business,” “consumer,” and “personal information” shall have the same meanings as set forth at Civil Code section 1798.140. Contractor must contact the County immediately upon receipt of any request by a consumer submitted pursuant to the CCPA that requires any action on the part of the County, including but not limited to, providing a list of disclosures or deleting personal information. Contractor must not sell, market or otherwise disclose personal information of a consumer provided by the County unless specifically authorized pursuant to terms of this Contract. Contractor must immediately provide to the County any notice provided by a consumer to Contractor pursuant to Civil Code section 1798.150(b) alleging a violation of the CCPA, that involves personal information received or maintained pursuant to this Contract. Contractor must immediately notify the County if it receives a notice of violation from the California Attorney General pursuant to Civil Code section 1798.155(b).

D. TERM OF CONTRACT
The services to be provided by Contractor shall commence on October 8, 2024, and shall be completed by October 7, 2026 but may be terminated earlier in accordance with provisions of this Contract.

The County Chief Executive Officer, at the direction of the First District Supervisor, may extend the term of the Contract, in writing, to allow Contractor to complete all requirements in the Contract under the following conditions:
a. In aggregate all extensions do not exceed twelve (12) calendar months; b. Are specifically requested by Contractor;
c. Will not change the project goals or scope of services; d. Are in the best interests of County and Contractor in performing the scope of services under this Contract; and
e. Do not alter the amount of compensation under this Contract.

E. RESERVED.
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F. FISCAL PROVISIONS
F.1 The maximum amount of payment under this Contract shall not exceed $1,680,000 and shall be subject to availability of other funds to the County. The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor’s services and expenses incurred in the performance hereof, including travel and per diem.

F.2 Any costs in excess of the amount available in this section shall be the sole responsibility of Contractor. This condition however, does not preclude County from providing additional funding at its sole discretion. For the purpose of this Contract, County shall disburse compensation and monitor the Contractor’s performance in satisfying the scope of work obligations under the terms of this Contract.

Disbursement of funds to Contractor shall be made in one lump sum. Upon review/approval by County, County shall make payment to Contractor within thirty (30) working days after receipt of Contractor’s invoice or the resolution of any billing dispute. Contractor shall email County the Contractor’s invoice requesting one lump sum payment. The invoice(s) shall reflect the Entity Payable To Name and Address, Invoice Date, Invoice Number, Project Name, Contract Number, County-Issued Purchase Order (if applicable), the text “Final Invoice”, amount due, in a format acceptable to the County for services performed under this Contract. Contractor shall email invoice to County Administrative Office-Finance and Administration (County Finance) and shall include in the Subject Line: BOS – ENTITY NAME – PROJECT NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]” (i.e. BOS-SAN BERNARDINO COUNTY-EDUCATION PROGRAM — 21-NNN – PO 4100NNNNNN).

Contractor shall submit a final expenditure report documented with “audit ready” supportive evidence of each expenditure and proof of payment until all funds have been justified 60 days after project completion. Documentation shall be submitted electronically, and Contractor shall supply hard copies upon request by County. Supportive evidence shall include, but is not limited to, copy of County’s approval email to Contractor, quotes, copy(ies) of purchase order, packing slips, a copy of the invoice submitted by Contractor requesting one lump sum payment from County, invoices paid by the Contractor for this project, proof of payment, etc., to County Finance. Email to County Finance shall include in the Subject Line: BOS – ENTITY NAME – PROJECT NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]”-SUPPORTIVE DOCUMENTS.

F.3 Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposited into the Contractor’s designated checking or other bank account. Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments.

F.4 County is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on Contractor or on any taxes levied on employee wages. The County shall only pay for any State or local sales or use taxes on the services rendered or equipment and/or parts supplied to the County pursuant to the Contract.

F.5 Costs for services under the terms of this Contract shall be incurred during the contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations.

F.6 Funds made available under this Contract shall not supplant any federal, state or any governmental funds intended for services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from County for, or apply sums received from County with respect to that portion of its obligations that have been paid by another source of revenue.

Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County.
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F.7 Contractor shall adhere to the County’s Travel Management Policy (8-02 and 08-02SP1) when travel is pursuant to this Contract and for which reimbursement is sought from the County. In addition, Contractor is encouraged to utilize local transportation services, including but not limited to, the Ontario International Airport.

F.8 Contractor understands and agrees that any and all legal fees or costs associated with lawsuits concerning this Contract against the County shall be the Contractor’s sole expense and shall not be charged as a cost under this Contract.

F.9 If the Contractor does not use the County funds provided under this Contract to pay appropriate costs associated with the Scope of Services by the termination date of this Contract, the Contractor shall return the County funds, or any unused portion thereof, to the County in accordance with any directions issued by County staff, within 60 days of written demand for the return of the County funds.

G. INDEMNIFICATION AND INSURANCE REQUIREMENTS
G.1 Indemnification
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The Contractor indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.

G.2 Additional Insured
All policies, except for Worker’s Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.

G.3 Waiver of Subrogation Rights
The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors.

All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim.

The Contractor hereby waives all rights of subrogation against the County.

G.4 Policies Primary and Non-Contributory
All policies required herein are to be primary and non-contributory with any insurance or selfinsurance programs carried or administered by the County.

G.5 Severability of Interests
The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.

G.6 Proof of Coverage
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The Contractor shall furnish Certificates of Insurance to the County Department administering the Contract evidencing the insurance coverage at the time the Contract is executed, additional endorsements, as required shall be provided prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.

G.7 Acceptability of Insurance Carrier
Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “A- VII”.

G.8 Deductibles and Self-Insured Retention
Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.

G.9 Failure to Procure Coverage
In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance.

G.10 Insurance Review
Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.

Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.

Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.

G.11 The Contractor agrees to provide insurance set forth in accordance with the requirements herein.

If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor agrees to amend, supplement or endorse the existing coverage to do so.

Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown:
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G.11.1 Workers’ Compensation/Employer’s Liability – A program of Workers’ Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the Contractor and all risks to such persons under this contract.

If Contractor has no employees, it may certify or warrant to the County that it does not currently have any employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage will be waived by the County’s Director of Risk Management.

With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance.

G.11.2 Commercial/General Liability Insurance – The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than three million dollars ($3,000,000), per occurrence. The policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations). d. Explosion, collapse and underground hazards.
e. Personal injury.
f. Contractual liability.

G.11.3 Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than three million dollars ($3,000,000) for bodily injury and property damage, per occurrence.

If the Contractor is transporting one or more non-employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.

If the Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable.

G.11.4 Umbrella Liability Insurance – An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a “dropdown” provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.

G.11.5 Continuing Products/Completed Operations Liability Insurance with a limit of not less than five million ($5,000,000) for each occurrence for at least three years following substantial completion of the work on projects over one million ($1,000,000).

G.11.6 Subcontractor Insurance Requirements. The Contractor agrees to require all parties or subcontractors, including architects or others it hires or contracts with related to the 602
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performance of this contract to provide insurance covering the contracted operations with the basic requirements identified in Section G, including indemnification and the insurance specifications for all contracts, including waiver of subrogation rights, and naming the County as an additional insured. The Contractor agrees to monitor and review all such coverage and assumes all responsibility ensuring that such coverage is provided as required here.

G.11.7 Course of Construction/Installation (Builder’s Risk) property insurance providing all risk, including theft coverage for all property and materials to be used on the project.

The insurance policy shall not have any coinsurance penalty.

H. RIGHT TO MONITOR AND AUDIT
H.1 The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Contract and comply with any and all reporting requirements established by the County.

H.2 All records pertaining to services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three years after final payment under this Contract or until all pending County, State and Federal audits are completed, whichever is later.

I. CORRECTION OF PERFORMANCE DEFICIENCIES
I.1 Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract.

I.2 In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or b. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or c. Withhold funds pending duration of the breach; and/or d. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item “b” of this paragraph; and/or e. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand.

J. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:

San Bernardino County
CAO – Finance and Administration
385 N. Arrowhead Ave., Fourth Floor
San Bernardino, CA 92415
Attn: BOS Finance Analyst
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: Jessie Flores, City Manager
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Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.

K. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will.

L. CONTRACT EXECUTION
This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract.

The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request. 604
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IN WITNESS WHEREOF, the San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Julie Surber, Principal Assistant County
Counsel
Date Date Date

SAN BERNARDINO COUNTY CITY OF ADELANTO
(Print or type name of corporation, company, contractor, etc.) By
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name Jessie Flores
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title City Manager
Lynna Monell
Clerk of the Board of Supervisors
of the San Bernardino County
(Print or Type)
By Dated:

Deputy
Address 11600 Air Expressway
Adelanto, CA 92301
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ATTACHMENT A

PREVAILING WAGE REQUIREMENTS
A. All or a portion of the Scope of Work in the Contract requires the payment of prevailing wages and compliance with the following requirements:

1. Determination of Prevailing Rates:

Pursuant to Labor Code sections 1770, et seq., the County has obtained from the Director of the Department of Industrial Relations (DIR) pursuant to the California Labor Code, the general prevailing rates of per diem wages and the prevailing rates for holiday and overtime work in the locality in which the Scope of Work is to be performed. Copies of said rates are on file with the County, will be made available for inspection during regular business hours, may be included elsewhere in the specifications for the Scope of Work, and are also available online at www.dir.ca.gov. The wage rate for any classification not listed, but which may be required to execute the Scope of Work, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or comparable duties. In accordance with Labor Code section 1773.2, the Contractor shall post, at appropriate and conspicuous locations on the job site, a schedule showing all applicable prevailing wage rates and shall comply with the requirements of Labor Code sections 1773, et seq.

2. Payment of Prevailing Rates
Each worker of the Contractor, or any subcontractor, engaged in the Scope of Work, shall be paid not less than the general prevailing wage rate, regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor, and such worker.

3. Prevailing Rate Penalty
The Contractor shall, as a penalty, forfeit two hundred dollars ($200.00) to the County for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of the DIR for such work or craft in which such worker is employed by the Contractor or by any subcontractor in connection with the Scope of Work. Pursuant to California Labor Code section 1775, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.

4. Ineligible Contractors:

Pursuant to the provisions of Labor Code section 1777.1, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a contractor or subcontractor on a public works project. This list of debarred contractors is available from the DIR website at http://www.dir.ca.gov/Public-Works/PublicWorks.html.

Any contract entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the County. The Contractor shall be responsible for the payment of wages to workers as a debarred subcontractor who has been allowed to work on the Scope of Work.

5. Payroll Records:
a. Pursuant to California Labor Code section 1776, the Contractor and each subcontractor, shall keep accurate certified payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by them in connection with the Scope of Work.

The payroll records enumerated herein shall be verified by a written declaration made under penalty of perjury that the information contained in the payroll record is true and correct and that the Contractor or subcontractor has complied with the requirements of the California Labor Code sections 1771, 1811, and 1815 for any Scope of Work performed by his or her employees. The payroll records shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
i. A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his/her authorized representative on request; ii. A certified copy of all payroll records shall be made available for inspection or furnished upon request to the County, the Division of Labor Standards Enforcement of the DIR; iii. A certified copy of payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the County or the Division of Labor Standards Enforcement. If the requested payroll records have not been previously provided to the County or the Division of Labor Standards Enforcement, the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Contractor, subcontractor and the entity through which the request was made; the public shall not be given access to such records at the principal office of the Contractor; 606
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iv. The Contractor shall file a certified copy of the payroll records with the entity that requested such records within ten (10) days after receipt of a written request; and v. Copies provided to the public, by the County or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor or any subcontractor, performing a part of the Scope of Work shall not be marked or obliterated. The Contractor shall inform the County of the location of payroll records, including the street address, city and county and shall, within five (5) working days, provide a notice of a change of location and address. b. The Contractor shall have ten (10) days from receipt of the written notice specifying in what respects the Contractor must comply with the above requirements. In the event Contractor does not comply with the requirements of this section within the ten (10) day period, the Contractor shall, as a penalty to the County, forfeit one-hundred dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, such penalty shall be withheld from any portion of the payments then due or to become due to the Contractor.

6. Limits on Hours of Work:

Pursuant to California Labor Code section 1810, eight (8) hours of labor shall constitute a legal day's work.

Pursuant to California Labor Code section 1811, the time of service of any worker employed at any time by the Contractor or by a subcontractor, upon the Scope of Work or upon any part of the Scope of Work, is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week, except as provided for under Labor Code section 1815. Notwithstanding the foregoing provisions, work performed by employees of Contractor or any subcontractor, in excess of eight (8) hours per day and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1½) times the basic rate of pay.

7. Penalty for Excess Hours:

The Contractor shall pay to the County a penalty of twenty-five dollars ($25.00) for each worker employed on the Scope of Work by the Contractor or any subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one calendar week, in violation of the provisions of the California Labor Code, unless compensation to the worker so employed by the Contractor is not less than one and one-half (1½) times the basic rate of pay for all hours worked in excess of eight (8) hours per day.

8. Senate Bill 854 (Chapter 28, Statutes of 2014) and Senate Bill 96 (Chapter 28, Statutes of 2017) Requirements:
a. Contractor shall comply with Senate Bill 854 and Senate Bill 96. The requirements include, but are not limited to, the following:
i. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the DIR pursuant to Labor Code section 1725.5, with limited exceptions from this requirements for bid purposes only as allowed under Labor Code section 1771.1(a). ii. No contractor or subcontractor may be awarded a contract for public work or perform work on a public works project unless registered with the DIR pursuant to Labor Code section 1725.5. iii. This project is subject to compliance monitoring and enforcement by the DIR. iv. As required by the DIR, Contractor is required to post job site notices, as prescribed by regulation, regarding compliance monitoring and enforcement by the DIR. v. Contractors and all subcontractors must submit certified payroll records online to the Labor Commissioner for all public works projects.
1) The certified payroll must be submitted at least monthly to the Labor Commissioner. 2) The County reserves the right to require Contractor and all subcontractors to submit certified payroll records more frequently than monthly to the Labor Commissioner. 3) The certified payroll records must be in a format prescribed by the Labor Commissioner. vi. Registration with the DIR and the submission of certified payroll records to the Labor Commissioner are not required if the public works project is $25,000 or less when the project is for construction, alteration, demolition, installation or repair work, or if the public works project is $15,000 or less when the project is for maintenance work.
b. Labor Code section 1725.5 states the following:
“A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, “contractor” includes a subcontractor as defined by Section 1722.1. 607
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(a) To qualify for registration under this section, a contractor shall do all of the following:
(1) (A) Register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual renewal fee on or before July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3.
(B) Beginning June 1, 2019, a contractor may register or renew according to this subdivision in annual increments up to three years from the date of registration. Contractors who wish to do so will be required to prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which they wish to preregister.
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other than a contractor who is separately registered under this section. Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
(i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months.
(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000).
(b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work.
(2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section. 608
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(3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2).
(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work performed under a contract for public work on or after January 1, 2018, regardless of when the contract for public work was executed.
(f) This section does not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.”
c. Labor Code section 1771.1 states the following:
“(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor. (e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner’s ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor’s performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. 609
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(4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnity or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors’ State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors’ State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1.
(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.”
d. Labor Code section 1771.4 states the following:
“a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter:
(1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation.
(3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:
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(A) At least monthly or more frequently if specified in the contract with the awarding body. (B) In a format prescribed by the Labor Commissioner.
(4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f) of Section 1725.5, the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776 for at least three years after completion of the work.
(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.
(b) The Labor Commissioner may exempt a public works project from compliance with all or part of the requirements of subdivision (a) if either of the following occurs:
(1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since December 31, 2011.
(2) The awarding body has entered into a collective bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages.
(c) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works projects awarded on or after January 1, 2015.
(d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work, whether new or ongoing, on or after January 1, 2016.”
B. STATE PUBLIC WORKS APPRENTICESHIP REQUIREMENTS

1. State Public Works Apprenticeship Requirements:
a. The Contractor is responsible for compliance with Labor Code section 1777.5 and the California Code of Regulations, title 8, sections 230 – 230.2 for all apprenticeable occupations (denoted with “#” symbol next to craft name in DIR Prevailing Wage Determination), whether employed by the Contractor, subcontractor, vendor or consultant. Included in these requirements is (1) the Contractor’s requirement to provide notification (i.e. DAS-140) to the appropriate apprenticeship committees; (2) pay training fund contributions for each apprenticeable hour employed on the Contract; and (3) utilize apprentices in a minimum ratio of not less than one apprentice hour for each five journeyman hours by completion of Contract work (unless an exception is granted in accordance with Labor Code section 1777.5) or request for the dispatch of apprentices.
b. Any apprentices employed to perform any of the Scope of Work shall be paid the standard wage to apprentices under the regulations of the craft or trade for which such apprentice is employed, and such individual shall be employed only for the work of the craft or trade to which such individual is registered.

Only apprentices, as defined in California Labor Code section 3077, who are in training under apprenticeship standards and written apprenticeship agreements under California Labor Code sections 3070 et seq. are eligible to be employed for the Scope of Work. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which such apprentice is training.

2. Compliance with California Labor Code section 1777.5 requires all public works contractors to:
a. Submit Contract Award Information (DAS-140):
i. Although there are a few exemptions (identified below), all Contractors, regardless of union affiliation, must submit contract award information when performing on a California public works project.
ii. The DAS-140 is a notification “announcement” of the Contractor’s participation on a public works project—it is not a request for the dispatch of an apprentice. iii. Contractors shall submit the contract award information (you may use form DAS 140) within 10 days of the execution of the prime contract or subcontract, but in no event later than the first day in which the Contractor has workers employed on the public work. iv. Contractors who are already approved to train apprentices (i.e. check “Box 1” on the DAS-140) shall only be required to submit the form to their approved program. v. Contractors who are NOT approved to train apprentices (i.e. those that check either “Box 2” or “Box 3” on the DAS-140) shall submit the DAS-140 TO EACH of the apprenticeship program sponsors in the area of your public works project. For a listing of apprenticeship programs see 611
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http://www.dir.ca.gov/Databases/das/pwaddrstart.asp.
b. Employ Registered Apprentices
i. Labor Code section 1777.5 requires that a contractor performing work in an “apprenticeable” craft must employ one (1) hour of apprentice work for every five (5) hours performed by a journeyman.

This ratio shall be met prior to the Contractor’s completion of work on the project. “Apprenticeable” crafts are denoted with a pound symbol “#” in front of the craft name on the prevailing wage determination.
ii. All Contractors who do not fall within an exemption category (see below) must request for dispatch of an apprentice from an apprenticeship program (for each apprenticeable craft or trade) by giving the program actual notice of at least 72 hours (business days only) before the date on which apprentices are required.
iii. Contractors may use the “DAS-142” form for making a request for the dispatch of an apprentice. iv. Contractors who are participating in an approved apprenticeship training program and who did not receive sufficient number of apprentices from their initial request must request dispatch of apprentices from ALL OTHER apprenticeship committees in the project area in order to fulfill this requirement.
v. Contractor should maintain and submit proof (when requested) of its DAS-142 submittal to the apprenticeship committees (e.g. fax transmittal confirmation). A Contractor has met its requirement to employ apprentices only after it has successfully made a dispatch request to all apprenticeship programs in the project area.
vi. Only “registered” apprentices may be paid the prevailing apprentice rates and must, at all times work under the supervision of a Journeyman (Cal. Code Regs., tit 8, § 230.1). c. Make Training Fund Contributions
i. Contractors performing in apprenticeable crafts on public works projects, must make training fund contributions in the amount established in the prevailing wage rate publication for journeymen and apprentices.
ii. Contractors may use the “CAC-2” form for submittal of their training fund contributions. iii. Contractors who do not submit their training fund contributions to an approved apprenticeship training program must submit their contributions to the California Apprenticeship Council (CAC), PO Box 420603, San Francisco, CA 94142-0603.
iv. Training fund contributions to the CAC are due and payable on the 15th day of the month for work performed during the preceding month.
v. The “training” contribution amount identified on the prevailing wage determination shall not be paid to the worker, unless the worker falls within one of the exemption categories listed below.

3. Exemptions to Apprenticeship Requirements:
a. The following are exempt from having to comply with California apprenticeship requirements. These types of contractors do not need to submit a DAS-140, DAS-142, make training fund contributions, or utilize apprentices:
i. When the Contractor holds a sole proprietor license (“Owner-Operator”) and no workers were employed by the Contractor. In other words, the contractor performed the entire work from start to finish and worked alone.
ii. Contractors performing in non-apprenticeable crafts. “Apprenticeable” crafts are denoted with a pound symbol “#” in front of the craft name on the prevailing wage determination. iii. When the Contractor has a direct contract with the Public Agency that is under $30,000. iv. When the project is 100% federally-funded and the funding of the project does not contain any city, county, and/or state monies (unless the project is administered by a state agency in which case the apprenticeship requirements apply).
v. When the project is a private project not covered by the definition of public works as found in Labor Code section 1720.

4. Exemption from Apprenticeship Rations:
a. The Joint Apprenticeship Committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the Contractor from the 1-to-5 ratio set forth in this Section when it finds that any one of the following conditions are met:
i. Unemployment for the previous three-month period in such area exceeds an average of fifteen percent (15%); or
ii. The number of apprentices in training in such area exceeds a ratio of 1-to-5 in relation to journeymen; or
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iii. The Apprenticeable Craft or Trade is replacing at least one-thirtieth (1/30) of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis; or iv. If assignment of an apprentice to any work performed under the Contract Documents would create a condition which would jeopardize such apprentice's life or the life, safety or property of fellow employees or the public at large, or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman. b. When such exemptions from the 1-to-5 ratio between apprentices and journeymen are granted to an organization which represents contractors in a specific trade on a local or statewide basis, the member contractors will not be required to submit individual applications for approval to local Joint Apprenticeship Committees, provided they are already covered by the local apprenticeship standards.

5. Contractor’s Compliance:
a. The responsibility of compliance with this Section for all Apprenticeable Trades or Crafts is solely and exclusively that of the Contractor. All decisions of the Joint Apprenticeship Committee(s) under this Section are subject to the provisions of California Labor Code section 3081 and penalties are pursuant to Labor Code section 1777.7 and the determination of the Labor Commissioner. 613

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 25, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Julio Morales, Finance Consultant
SUBJECT: CONSIDERATION OF A RESOLUTION AUTHORIZING PARTICIPATION IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY (“CEDA”) BONDS ASSISTING NEW DEVELOPMENT (“BAND”) PROGRAM
STAFF RECOMMENDATION:

It is recommended that the City Council hold a public hearing on participation in the California Enterprise Development Authority (“CEDA”) Bonds Assisting New Development (“BAND”) Program and thereafter adopt Resolution No. 24-85, authorizing the participation in the CEDA BAND Program to facilitate the formation of a Community Facilities District (“CFD”) and the issuance of tax-exempt CFD Bonds.

BACKGROUND:

The City of Adelanto (the “City”) would like to participate in the CEDA BAND Program. Participation in said program will enable property owners to finance public infrastructure and capital improvements and development impact fees imposed on new development.

Community facilities district bonds (“CFD Bonds” or “Mello Roos Bonds”) are secured by special taxes paid by property owners to pay for various public infrastructure, capital projects, and fees. CFDs have been widely used throughout California as a public-private financing tool to promote economic development since their inception in 1982.

CFDs can be used by local agencies to finance a variety of public improvements for development of residential, commercial & mixed-use projects including: planning & design of public improvements, lighting & landscaping, civic buildings, freeway interchange, drainage, traffic control, gas, electric, phones & cable, streets & sidewalks, schools & libraries, water & sewer, police & fire, parking, hazardous waste remediation, parks & recreation facilities and other public improvements.

CEDA is a joint powers authority, with 530 member agencies throughout California, including the City. The BAND Program was formed by CEDA in 2022 to allow owners of property in participating cities and counties to finance the public infrastructure, capital projects and development impact fees that are to be paid by property owners upon receiving development entitlements or building permits. These costs can be financed through the issuance of tax-exempt CFD Bonds by CEDA, as provided for in the proposed resolution.

One of the proposed resolution authorizes CEDA to accept applications from owners of property within the City’s boundaries to apply for tax-exempt or taxable financing of public capital improvements and facilities in lieu of development impact fees City as a condition of development. It also authorizes CEDA to form land614 secured and tax increment districts within the City’s boundaries, conduct proceedings to form such districts, levy and collect assessments and special taxes against the property of participating owners, and to manage the post-sale administration and disclosure responsibilities related to the issuance of these bonds.

The proposed CEDA BAND resolution authorizes the CEDA BAND Program to form CFDs and issue CFD Bonds (as well as other land-secured and tax increment bonds) on the City’s behalf and to manage the post-sale administration and disclosure responsibilities.

Discussion:

CEDA BAND will serve as a conduit issuer of the CFD Bonds. The bonds are repaid solely from a special tax levied on the property in the CFD. The City is not financially responsible for making any debt service payments nor to pay any fees related to the financing. The BAND Financing Team will manage all required continuing disclosure, administration, and compliance matters related to the bonds thereafter.

The initial project contemplated is for the Steelwave property located adjacent to the Southern California Logistics Airport. Steelwave anticipates issuing approximately $30 million in tax-exempt CFD Bonds to pay for public infrastructure required for the development of the project.

The CEDA BAND Resolution additionally approves the forms of a Funding and Acquisition Agreement and a Joint Community Facilities Agreement. Both of these documents are being approved as to form only, and have been provided now to avoid the need to return to the City Council in the future for approval of each specific project.

Funding and Acquisition Agreement - This document outlines the key provisions of the financing: payment of program and formation costs, establishment and formation of the district, issuance of bonds, tax and reporting requirements. The primary objective of this document is to detail the requirements for the construction/acquisition public infrastructure, capital projects, and related fees, how these public enhancements will be approved and accepted by the City, and the process by which such costs will be reimbursed from bond proceeds.

Joint Community Facilities Agreement - The document relates to the financing of infrastructure, capital projects, and development impact fees for other public agencies. The document outlines how these public enhancements will be approved and accepted by these respective agencies, and the process by which such costs will be reimbursed from bond proceeds.

The Reimbursement Resolution is also included for approval and allows the City to be reimbursed from CFD Bond proceeds for certain expenses incurred by the City prior to the issuance of the CFD Bonds.

Participation in the CEDA BAND program offers several advantages. Joining CEDA BAND is straightforward, requiring only the adoption of a resolution. Once part of the program, CEDA BAND’s financing team takes over all responsibilities typically handled by a City’s Finance Department, including formation, bond issuance, and post-sale compliance, thereby alleviating the burden on limited staff time and resources.

Additionally, CEDA BAND provides more competitive fees compared to other CFD conduit issuers. The program is designed as a turn-key solution, with a pre-assembled and experienced financing team already in place. Moreover, CEDA BAND holds weekly Board meetings every Thursday, ensuring a quick and efficient financing timeline.

DISCUSSION:

CEDA BAND will serve as a conduit issuer of CFD Bonds. The bonds are repaid solely from a special tax collected on the developer-owned property. The City is not financially responsible for making any debt service payments, nor to pay any fees.

Following the adoption of this resolution, the City will not be financial, legally, or administratively 615
responsible for matters related to the bonds. The BAND Financing Team will manage all required continuing disclosure, administration, and compliance matters related to the bonds thereafter.

The initial project contemplated is for the Steelwave property located adjacent to the Southern California Logistics Airport. Steelwave anticipates issuing approximately $30 million in tax-exempt Mello Ross or CFD bonds to pay for public infrastructure required for the development of the project.

Participation in the CEDA BAND program offers several advantages. Firstly, joining CEDA BAND is straightforward, requiring only the adoption of a resolution. Once part of the program, CEDA BAND’s financing team takes over all responsibilities typically handled by a City’s Finance Department, including formation, bond issuance, and post-sale compliance, thereby alleviating the burden on limited staff time and resources. Additionally, CEDA BAND provides more competitive fees compared to other CFD conduit issuers. The program is designed as a turn-key solution, with a pre-assembled and experienced financing team already in place. Moreover, CEDA BAND holds weekly Board meetings every Thursday, ensuring a quick and efficient financing timeline.

FISCAL IMPACT:

None
ATTACHMENTS:

A. CEDA BAND Resolution No. 24-85
B. Form of Funding and Acquisition Agreement
C. Form of Joint Community Facilities Agreement
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1 RESOLUTION NO. 24-85

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO

AUTHORIZING THE INCLUSION OF PROPERTIES WITHIN THE JURISDICTION OF

THE CITY OF ADELANTO TO PARTICIPATE IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY’S (CEDA) BONDS ASSISTING NEW DEVELOPMENT (BAND) PROGRAM, AND AUTHORIZING CEDA TO CONDUCT PROCEEDINGS TO

FORM COMMUNITY FACILITIES DISTRICTS AND ASSESSMENT DISTRICTS TO

FINANCE CERTAIN PUBLIC INFRASTRUCTURE, LEVY SPECIAL TAXES AND

ASSESSMENTS THEREIN, ISSUE BONDS THEREOF, ASSIST WITH THE

FORMATION AND ADMINISTRATION OF TAX INCREMENT FINANCING

DISTRICTS, REFINANCING OF CERTAIN OTHER LAND SECURED DEBT AND

ANY RELATED ACTIONS
WHEREAS, the California Enterprise Development Authority (“CEDA”) is a joint exercise of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the Government Code of the State of California (Section 6500 and following) (the “Act”) and that certain Joint Exercise of Powers Agreement, dated as of June 1, 2006, as amended from time to time (the “CEDA JPA”); and
WHEREAS, the City of Adelanto (the “Program Participant”) is an associate member of CEDA; and
WHEREAS, CEDA established the Bonds Assisting New Development (“BAND”) program (the “BAND Program”) to promote economic development within the jurisdiction of its full or associate member agencies (“Member Agencies”); and WHEREAS, in connection with the creation of the BAND Program, CEDA has established policies and procedures (the “BAND Program Policies and Procedures”), which may be amended from time to time, to set forth the terms and conditions for participation in the BAND Program; and
WHEREAS, CEDA desires to promote economic development through the BAND Program by assisting Member Agencies with financing public improvements through the formation of community facilities districts (“CFDs”) and assessment districts (“ADs,” and together with CFDs, the “Land Secured Financing Districts”) and issuance of bonds within such Land Secured Financing Districts; and
WHEREAS, CEDA additionally desires to promote economic development through the BAND Program by assisting Member Agencies with financing public improvements through the establishment of enhanced infrastructure financing districts (“EIFDs”) pursuant to Government Code Section 53398.50 et seq., community revitalization and investment authorities (“CRIAs”) pursuant to Government Code Section 6200 et seq., and climate resilience districts (“CRDs,” collectively with an EIFD and CRIA, a “TIF”) pursuant to Government Code Section 62300 et seq., which are established to revitalize local communities, construct infrastructure improvements and assist with, amongst other things, climate action and resiliency measures and the issuance of bonds within such TIF; 617
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2 and
WHEREAS, CEDA desires to assist with the financing of public improvements through the formation of Land Secured Financing Districts and TIF, if such assistance is desired by the Program Participant and approved by CEDA’s Board of Directors; and WHEREAS, the CEDA JPA authorizes CEDA to finance pubic improvements within the jurisdiction of its Member Agencies and exercise powers that are common amongst the Member Agencies; and
WHEREAS, CEDA has the power to form CFDs within jurisdictions of its Member Agencies with the approval of each Member Agencies to finance certain public improvements through the levy of special taxes (the “Special Taxes”) and/or issuance of bonds (the “Special Tax Bonds”) pursuant to the Mello-Roos Community Facilities District Act of 1982 being Chapter 2.5, Part 1, Division 2 Title 5 (commencing with Section 53311) of the Government Code (the “Mello-Roos Act”); and
WHEREAS, CEDA has the power to form ADs within jurisdictions of its Member Agencies with the approval of the applicable Member Agency to finance certain public improvements through the levy of special assessments (the “Assessments”) and/or issuance of bonds (the “Assessment Bonds”) pursuant to the Municipal Improvement Act of 1913 (commencing with Section 10000 of the Streets and Highways Code) and Municipal Improvement Act of 1915 (commencing with Section 8500 of the Streets and Highways Code) (collectively the “AD Acts,” together with the Mello-Roos Act, the “Enabling Acts”); and
WHEREAS, certain public agencies, including the Program Participant, may require as a condition of development, the construction of public infrastructure to be owned and operated by such public agency (“Improvements”) and/or the payment of certain development impact fees pursuant to the Mitigation Fee Act (commencing with Section 66000 and following) (the “Fees”); and
WHEREAS, the BAND Program is authorized to finance the Improvements and the public improvements to be constructed in lieu of the Fees (the “Fee Improvements”), all as particularly described in BAND Program Policies and Procedures, through the formation of CFDs, levy of Special Taxes and the issuance of bonds within the applicable district; and
WHEREAS, in connection with the issuance of CFDs, CEDA has adopted the CEDA Statement of Goals and Policies for Mello-Roos Community Facilities Districts, pursuant to Government Code Section 53312.7(a) (“CFD Policy”); and WHEREAS, CEDA has authorized those Member Agencies that adopt a resolution authorizing the BAND Program to participate in the BAND Program; and WHEREAS, the Program Participant is a Member Agency of CEDA and desires to participate in and allow properties within its jurisdiction to participate in the BAND Program to enable the financing of the Improvements and Fee Improvements, as 618
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3 permitted by each Enabling Act (the “Eligible Improvements”) and authorize CEDA to conduct proceedings to form Land Secured Financing Districts, levy and collect Special Taxes and/or Assessments, as applicable, on the property of participating owners (the “Participating Parcels”), and issue Special Tax Bonds and/or Assessment Bonds (each the “Local Obligations”), as applicable; and
WHEREAS, in order to finance the Eligible Improvements, CEDA and Participating Owners may desire to enter into a funding and acquisition agreement (the “Funding Agreement”) to set forth the terms and conditions pursuant to which the Improvements will be constructed and the Fees will be paid and reimbursed following the issuance of the Local Obligations and/or Authority Bonds (defined below), a form of which has been attached hereto as Exhibit A; and
WHEREAS, pursuant to Government Code Section 53316.2, CEDA is authorized to finance facilities owned and operated by another public agency pursuant to a CFD so long as it enters into a joint community facilities agreement (the “JCFA”) with such entity, a form of which has been attached hereto as Exhibit B; and WHEREAS, CEDA may refinance the existing debt of CFDs and ADs formed by the Program Participant; and
WHEREAS, to achieve greater savings, CEDA may, if feasible, issue revenue bonds (the “Authority Bonds”) pursuant to the Marks-Roos Local Bond Pooling Act of 1985 (commencing with Section 6584 et seq. of the Government Code) (the “Marks-Roos Act”) to periodically acquire the Local Obligations to provide financing or refinancing of the Eligible Improvements; and
WHEREAS, Government Code Section 6586.5 requires that the Program Participant publish a notice at least five days prior to such Program Participant’s hearing on the financing of improvements pursuant to the Marks-Roos Act, which notice was published in a timely manner; and
WHEREAS, CEDA may authorize for inclusion in the BAND Program the provision of certain administrative services to the Program Participant for the management of existing CFDs and/or ADs of the Program Participant; and WHEREAS, the BAND Program will assume responsibility for filing tax compliance reports, California Debt and Investment Advisory Commission reports, continuing disclosure reports necessary to comply with the Securities Commission Rule 15c2-12, and any other required report in conjunction with the financings, which will be prepared by a BAND Program consultant; and
WHEREAS, the Program Participant may opt-in to such services upon approval by CEDA’s Board of Directors and mutual agreement by the Program Participant and CEDA.

NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE PROGRAM PARTICIPANT as follows:
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4 Section 1. Public Benefits. This City Council finds and declares that properties in the jurisdiction of the Program Participant will receive a significant benefit by the availability of the BAND Program.

Section 2. Implementation of BAND Program within Program Participant Jurisdiction.
(a) Boundaries of the Program within Program Participant Jurisdiction.

The Program Participant hereby determines that properties within the boundaries of the incorporated territory within Program Participant’s jurisdiction may participate in the BAND Program (the “Boundaries”). CEDA may establish one or more Land Secured Financing Districts to finance Eligible Improvements and will undertake such proceedings pursuant to Enabling Acts as necessary to finance the Eligible Improvements within the Boundaries for Participating Parcels.
(b) Determination of Eligible Improvements. CEDA may finance Eligible Improvements for Participating Parcels and any other improvements, as may be authorized to be financed by the Enabling Acts.
(c) Financing the Installation of Eligible Improvements. The Program Participant acknowledges that CEDA shall develop and implement a plan for the financing of the Eligible Improvements for Participating Parcels under the BAND Program, which may include, but is not limited to the issuance of Local Obligations and Authority Bonds. (d) Local Goals and Policies. The Program Participant hereby acknowledges that the CFD Policy shall govern the CFDs formed pursuant to the BAND Program.
(e) BAND Financing Program Policies and Procedures The Program Participant hereby acknowledges that the BAND Program Policies and Procedures governs the BAND Program and agrees to comply with such policies and procedures. (f) Approval of Forms of Agreements. The forms of the Funding Agreement and JCFA presented in Exhibits A and B are hereby approved by Program Participant together with such changes as the City Manager, or designee (the “Program Participant’s Authorized Representative”), may approve and is authorized to execute and deliver Funding Agreements and JCFAs as necessary together with any changes such Program Participant’s Authorized Representative deems necessary. (g) Ongoing Administration of Land Secured Financing Districts formed by CEDA. CEDA shall be responsible for the ongoing administration of the BAND Program, including but not limited to, soliciting, reviewing and approving applications from property owners participating in the BAND Program, formation of the Land Secured Financing Districts, issuance of Local Obligations and Authority Bonds therein, disbursement of bond proceeds, establishing and collecting Special Taxes and Assessments due under the BAND Program, adopting and implementing any rules or regulations as may be required for the BAND Program, providing any disclosure as may 620
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5 be statutorily required, and managing delinquency collections and foreclosure proceedings.

Program Participant will not be responsible for the conduct of any proceedings required to be taken under the Enabling Acts; the levy or collection of Special Taxes and/or Assessments or any required remedial action in the case of delinquencies in such special tax/assessment payments; or the issuance, sale or administration of the Authority Bonds, Local Obligations or any other bonds issued in connection with the BAND Program.
(h) Administration of Land Secured Financing Districts formed by the Program Participant. CEDA may administer one or more CFDs and ADs that have been previously formed by the Program Participant should CEDA’s Board of Directors offer such services in the BAND Program. CEDA and Program Participant shall mutually agree on terms and conditions of such administration.
(i) Refinancing of Existing Financing Debt. The Program Participant may benefit from utilizing the BAND Program to issue debt to refinance debt of CFDs and ADs, which were formed by the Program Participant. The Program Participant staff is hereby authorized to utilize the BAND Program to refinance such debt if and when such staff determines to pursue such refinancing.
(j) Modifications. CEDA may make modifications to the BAND Program from time to time. CEDA shall provide notice of any material changes to the BAND Program to the Program Participant’s Authorized Representative following the adoption of such changes by CEDA’s Board of Directors via electronic mail or such other form of communication as agreed to by Program Participant and CEDA. Program Participant may opt-out of any such changes provided that Program Participant shall notify the Michelle Stephens, Program Director, as designated below, within 30 days of the date of the notice.
(k) Withdrawal. Program Participant may withdraw from the BAND Program in accordance with this provision and Section 2.9 of the CEDA JPA. (l) Public Hearing. Program Participant shall work with CEDA staff to coordinate the publication of the notice of public hearing, pursuant to Government Code Section 53322.

Section 3. Mutual Indemnification and Liability. CEDA and the Program Participant shall mutually defend, indemnify and hold the other party and its directors, officials, officers, employees and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of the willful misconduct or negligent acts, errors or omissions of the indemnifying party or its directors, officials, officers, employees and agents in connection with the BAND Program administered under the CEDA JPA, including without limitation the payment of expert witness fees and attorney’s fees and other related costs and expenses, 621
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6 but excluding payment of consequential damages. In no event shall any of CEDA’s member agencies or their officials, officers or employees be held directly liable for any damages or liability resulting out of the CEDA JPA.

Section 4. Environmental Review. The Program Participant shall be the lead agency under the California Environmental Quality Act for any environmental review that may be required in implementing or administering any projects financed through the BAND Program under the CEDA JPA. The Program Participant shall complete all environmental review and approvals for any Eligible Improvement financed pursuant to the BAND Program prior to commencing of any such financing. The approval or any financing by CEDA shall not constitute a project under the California Environmental Quality Act.

Section 5. Cooperative Effort. Program Participant shall cooperate with CEDA by providing information and other assistance in order for CEDA to meet its obligations hereunder. Program Participant recognizes that one of its responsibilities related to the BAND Program will include any permitting or inspection requirements as established by Program Participant.

Section 6. Entire Agreement. This resolution along with the CEDA JPA, as may be amended, shall constitute the entire agreement between the parties.

Section 7. Authorized Representative. The Program Participant Authorized Representative is authorized and directed to coordinate with CEDA staff to facilitate operation of the BAND Program within the Program Participant, and execute any agreements and documents required to facilitate the Program Participant’s participation in the BAND Program.

Section 8. Notices. Any notices required to be provided pursuant to this Resolution shall be sent via mail or electronic mail as follows:

If to the Program Participant:

Jessie Flores, City Manager
11600 Air Expressway
Adelanto, CA 92301
760-246-2300, ext 11184
[email protected]
If to CEDA:

Michelle Stephens, Program Director
2150 River Plaza Drive, Suite 275
Sacramento, CA 95833
916-448-8252 ext. 12
[email protected]
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7 Section 9. Effective Date. This Resolution shall take effect immediately upon its adoption. The City Clerk is directed to send a certified copy of this resolution to the Secretary of CEDA.

PASSED AND ADOPTED by the City Council of the Program Participant on the 25th day of September, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor
ATTEST:

City Clerk
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A-1

EXHIBIT A

FORM OF FUNDING AND ACQUISITION AGREEMENT
624
B-1

EXHIBIT B

FORM OF JOINT COMMUNITY FACILITIES AGREEMENT
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09960.00000\42499432.1

FUNDING AND ACQUISITION AGREEMENT
Relating to

CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. [_____]
By and
Among

CITY OF ADELANTO,

CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY
and
[DEVELOPER NAME]
_____________, 20[__]
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1 FUNDING AND ACQUISITION AGREEMENT
COMMUNITY FACILITIES DISTRICT NO. [_____]

OF THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY
This FUNDING AND ACQUISITION AGREEMENT (the “Agreement”) is entered into the ___ day of _____________, 20[__] by and among the City of Adelanto (the “Program Participant”), the California Enterprise Development Authority (“CEDA”) on behalf of Community Facilities District No. [___] and [DEVELOPER NAME, ENTITY] (“Owner”).

R E C I T A L S
A. Owner has purchased that certain real property located on approximately _____ gross acres of land within Tentative Tract Map No. ______ (the “Property”) located in the City of Adelanto.

B. The Owner has applied for the financing of, among other things, certain public capital improvements to be owned by the Program Participant through CEDA’s Bonds Assisting New Development (BAND) program (the “Program”). The Acquisition Facilities are to be owned and operated by the Program Participant, and the financing is to be accomplished through a community facilities district, which will be administered by CEDA under and pursuant to the Mello-Roos Community Facilities Act of 1982 commencing with California Government Code Sections 53311 and following (the “Act”) for the purpose of levying special taxes (the “Special Taxes”) and selling bonds, in one or more series (the “Bonds”), in an amount sufficient to finance the acquisition of certain [INSERT DESCRIPTION OF IMPROVEMENTS] improvements (the “Acquisition Facilities”), and the design, planning, engineering, installation, and construction of certain public facilities and improvements, to be owned, operated or maintained by the Program Participant (the “Public Facilities”) to satisfy the obligation of the Property and the Owner for the payment of certain fees to the Program Participant. The Acquisition Facilities and Public Facilities are generally described in Exhibit A attached hereto, which Acquisition Facilities and Public Facilities are necessary to the development of the Property. Said community facilities district shall be known as the “Community Facilities District No. [____] of the California Enterprise Development Authority” (the “District”)
C. The Program Participant previously authorized CEDA to form community facilities districts within the territorial limits of the Program Participant to finance, among other things, the Acquisition Facilities and the Public Facilities.

D. CEDA intends to form the District and to levy special taxes and issue bonds, in one or more series, to fund, among other things, all or a portion of the costs of the Acquisition Facilities and the Public Facilities.

E. CEDA will provide financing for the acquisition by the Program Participant of the Acquisition Facilities and the Public Facilities and the payment of the Purchase Price (as defined herein) of the Acquisition Facilities and the Public Facilities. 627
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2 F. Capitalized terms used herein and not otherwise defined shall have the meaning set forth in Exhibit B attached hereto and by this reference herein incorporated.

AGREEMENTS
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the parties agree as follows:

Section 1. Establishment of District. CEDA shall initiate proceedings pursuant to the Act for the establishment of the District. Such proceedings include elections pursuant to Sections 53326, 53350 and 53353.5 of the Act on (i) the question of the issuance of the Bonds of the District to finance the acquisition of the Acquisition Facilities, and the design, planning, engineering, construction management, financing, installation and construction or acquisition of the Public Facilities, (ii) the question of the annual levy of the Special Taxes on those portions of the Property subject to the Special Taxes to pay for the Acquisition Facilities and the Public Facilities, to pay the principal of and interest on the Bonds and the annual administrative expenses of CEDA in levying and collecting such Special Taxes, paying the principal and interest on such Bonds and providing for the registration, exchange and transfer of such Bonds, including the fees of fiscal agents and paying agents, and any necessary replenishment of the reserve fund for such Bonds, and (iii) the question of the establishment of an appropriations limit for the District.

From time to time prior to the issuance of the Bonds, at the written request of Owner, and subject to Owner advancing funds as determined by the Program Participant as necessary to pay all costs related thereto in accordance with Section 4 below, the Program Participant shall use its reasonable best efforts to undertake proceedings that may be deemed necessary to amend the Rate and Method or to amend the boundaries of the District.

Section 2. Payment of Program Participant Fees as Deposit. Owner shall timely pay or deposit with the Program Participant in full when due all Program Participant Fees. Any payment or deposit of Program Participant Fees before Special Taxes are received or proceeds of the Bonds become available, including all Program Participant Fees paid prior to the execution of this Agreement, shall be held on deposit by the Program Participant in a separate account used exclusively for Program Participant Fees (the “Deposit Account”), and shall not be expended by the Program Participant, provided, however, earnings on the investment of funds in the Deposit Account shall be returned to the Program Participant. Except as otherwise provided below, if Bonds have not been issued for a period of 36 months from the date of payment of Program Participant Fees for the first phase of production units, then the Program Participant may use any funds remaining in the Deposit Account for their lawful purposes and such funds shall be deemed by the Program Participant as the payment of the Program Participant Fees for the applicable parcels of the Property for which payment was made, provided that if Owner requests that Bonds be issued within such 36 month time frame, then the Program Participant may not use any funds remaining in the Deposit Account as provided herein until 48 months from the date of payment of Program Participant Fees for the first phase of production units. If the Program Participant uses any of the funds remaining in the Deposit Account under either of the two foregoing scenarios, the Owner, or Owner’s designee, shall be reimbursed from the proceeds of Bonds subsequently issued even if such Bonds must be issued on a taxable basis.
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3 Upon the Program Participant receiving proceeds of the Bonds in accordance with this Agreement, the Program Participant shall return to Owner, or Owner’s designee, all funds held in the Deposit Account and the Program Participant shall utilize such proceeds to finance the Public Facilities.

Section 3. Sale of Bonds. Upon Owner’s written request, CEDA shall use reasonable efforts, as hereinafter provided, to issue and sell Bonds, in one or more series, in accordance with the provisions of this Agreement and CEDA’s CFD Goals & Policies. Each series of Bonds is expected to have a debt service amortization schedule matching the annual Special Taxes available for debt service pursuant to the Rate and Method and for a term of not more than forty (40) years, for the purpose of raising an amount sufficient to pay for the design, planning, engineering, construction management, financing, installation and construction or acquisition of the Public Facilities and the Acquisition Facilities. In connection with the issuance of the first series of Bonds, CEDA on behalf of itself and the District shall establish criteria for the issuance of Additional Bonds which meet the criteria of CEDA’s CFD Goals & Policies. The timing of the issuance and sale of each series of Bonds, the aggregate principal amount thereof, and the terms and conditions upon which they shall be sold shall be as set forth in this Agreement and otherwise as determined by CEDA in its sole reasonable discretion after consultation with Owner. Not by way of limitation of the foregoing, the timing of the issuance and sale of the first series of Bonds and any Additional Bonds shall be as soon as reasonably practicable, as determined by CEDA in its sole reasonable discretion following consultation with its municipal advisor, underwriter and other consultants and counsel after written request from Owner. Owner shall use its reasonable best efforts to cooperate with CEDA in connection with any Bond sale.

Section 4. Advance of Certain Expenses. Pursuant to a Landowner Deposit Agreement, between CEDA and Owner (the “Deposit Agreement”), Owner shall pay and advance all of the costs reasonably associated with the establishment of the District. Owner shall deposit funds with CEDA for CEDA’s reasonable out-of-pocket expenses associated with the formation of the District and the sale of each series of Bonds, including, but not limited to, (i) the fees and expenses of any consultants and legal counsel to CEDA employed in connection with the issuance of the Bonds, including an engineer, special tax consultant, municipal advisor, bond counsel and any other consultant deemed necessary or advisable by CEDA, (ii) the costs of appraisals, market absorption and feasibility studies and other reports deemed necessary or advisable by CEDA in connection with the issuance of the Bonds, (iii) the costs of publication of notices and other costs related to any proceeding undertaken in connection with the formation of the District and issuance of the Bonds, (iv) reasonable charges for CEDA and Program Participant staff time incurred in connection with the issuance of the Bonds, including a reasonable allocation of CEDA and the Program Participant overhead expense, and (v) any and all other actual costs and expenses incurred by CEDA and the Program Participant in connection with the formation of the District and the issuance of the Bonds (“Reimbursable Expenses”). If the Bonds are issued by the District, CEDA shall reimburse Owner from proceeds of the Bonds, without interest, for the portion of the Reimbursable Expenses deposits that have been expended or encumbered, said reimbursement to be made from the proceeds of the Bonds on the date of issuance of the Bonds or as soon as reasonably possible thereafter and only to the extent otherwise permitted under the Act, and refund any unexpended or encumbered deposited amounts.
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4 CEDA shall keep records of all Reimbursable Expenses advanced by CEDA pursuant to this Section 4, which records shall be available for inspection by Owner during regular business hours. The sole source of funds for reimbursement of any advance expenditure made by CEDA or Owner shall be the uncommitted and unexpended payments made by Owner to CEDA, proceeds of the Bonds receipts as determined by CEDA.

Section 5. Tax Requirements. The timing of the sale of each series of Bonds, the nature of the investments in which the proceeds of the Bonds shall be invested, the duration of such investments, and the timing of the expenditure of such proceeds shall be as set forth in this Agreement and the applicable fiscal agent agreement (the “Fiscal Agent Agreement”); provided, that in all such matters CEDA shall comply with the requirements of and limitations prescribed by the provisions of Sections 103 and 141 through 150 of the Internal Revenue Code of 1986 (the “Code”), as amended, and the implementing regulations of the United States Department of the Treasury. CEDA shall not be required to take any such action which in the opinion of CEDA’s bond counsel could result in the Bonds being classified by the United States Department of the Treasury as “arbitrage bonds” or which could otherwise result in the interest on the Bonds being included in gross income for purposes of Federal income taxation. Should any change in or regulatory interpretation of any such requirement or limitation which may occur after the date of this Agreement require or necessitate, in the reasonable opinion of such bond counsel, any action on the part of CEDA in order to avoid such a classification or loss of tax exemption, CEDA shall notwithstanding any provision of this Agreement, forthwith take such action. In the event CEDA fails to comply with requirements set forth above in this Section 5, CEDA’s liability is limited to the Special Tax revenues generated by the District. The Program Participant is required to hold and expend the Bond funds in compliance with the Code.

Section 6. Construction of Acquisition Facilities. The Acquisition Facilities for which Owner seeks reimbursement under this Agreement shall be constructed and completed by Owner, as determined by the Program Participant pursuant to Section 53313.5 of the Act. Payment of the Purchase Price of the Acquisition Facilities shall be in the manner described in Section 6 hereof. (a) Letting and Administering Design Contracts. The parties presently anticipate that the Owner has awarded and administered or will award and administer engineering design contracts for the Acquisition Facilities to be acquired from Owner. All eligible expenditures of the Owner for design engineering and related costs in connection with the Acquisition Facilities (whether as an advance to the Program Participant or directly to the design consultant) shall be reimbursed at the time of acquisition of such Acquisition Facilities. The Owner shall be entitled to reimbursement for any design costs of the Acquisition Facilities only out of the Purchase Price and shall not be entitled to any payment for design costs independent of or prior to the acquisition of Acquisition Facilities.
(b) Letting and Administration of Construction Contracts; Indemnification.

State law requires that all Acquisition Facilities not completed prior to the formation of the District shall be constructed as if they were constructed under the direction and supervision, or under the authority, of the Program Participant. In order to assure compliance with those provisions, except for any contracts entered into prior to the date hereof, Owner agrees to comply with the requirements set forth in Exhibit C hereto with respect to the bidding and contracting for the construction of the Acquisition Facilities. The Owner agrees that all the contracts shall call for 630
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5 payment of prevailing wages as required by the Labor Code of the State of California. The Owner’s indemnification obligation set forth in this Agreement shall also apply to any alleged failure to comply with the requirements of this Section, and/or applicable State laws regarding public contracting and prevailing wages.

Section 7. Acquisition and Payment of Acquisition Facilities. (a) Inspection. Program Participant agrees that the Acquisition Facilities are eligible for payment, provided that the timing and amount of such payment shall be determined by the Program Participant pursuant to this Section 7 of this Agreement. No payment hereunder shall be made by the Program Participant to Owner for an Acquisition Facility until such Acquisition Facility has been inspected by the Program Participant or other applicable public entity or utility and found to be substantially completed in accordance with the approved Plans. An Acquisition Facility shall be considered “substantially complete” when it has been reasonably determined by the Program Participant or other applicable public entity to be usable. For Acquisition Facilities to be acquired by the Program Participant, Owner shall request inspection using applicable Program Participant procedures. For Acquisition Facilities to be acquired by other public entities or utilities, Owner shall be responsible for obtaining such inspections and providing written evidence thereof to the Program Participant Engineer. Owner agrees to pay all inspection, permit and other similar fees of the Program Participant applicable to construction of the Acquisition Facilities, which fees are subject to reimbursement under this Agreement. (b) Agreement to Sell and Purchase Acquisition Facilities. Owner hereby agrees to sell the Acquisition Facilities to the Program Participant and the Program Participant hereby agrees to use amounts available pursuant to the terms of this Agreement to pay the Purchase Price, as defined below, thereof to Owner, subject to the terms and conditions hereof. The Program Participant shall not be obligated to pay the Purchase Price for the Acquisition Facilities except from the proceeds of the Bonds and proceeds of the Special Tax as provided herein. (c) Purchase Price. The Purchase Price for an Acquisition Facility shall be equal to the Actual Cost of such Acquisition Facility, as approved in accordance with the procedure set forth in subsection (e) below but subject to the limitations of this Section 7. (d) Payment Requests. In order to receive the Purchase Price for an Acquisition Facility, Owner shall deliver to the City Manager or his or her designee (the “Authorized Representative”) a “Payment Request” in the form of Exhibit C hereto, together with all attachments and exhibits required by this Section 7(d) to be included therewith. If the property on which the Acquisition Facility is located is not owned by the Program Participant at the time of the request, Owner shall provide a copy of the recorded documents conveying to the Program Participant Acceptable Title to the real property on, in or over which such Acquisition Facility is located, as described in Section 8(a) hereof.
(e) Processing Payment Requests. Upon receipt of a Payment Request (and all accompanying documents), the Authorized Representative shall conduct a review in order to confirm that such request is complete and to verify and approve the Actual Cost of the Acquisition Facility. The Authorized Representative shall also conduct such review as is required in his/her discretion to confirm the matters certified in the Payment Request. Owner agrees to cooperate 631
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6 with the Authorized Representative in conducting each such review and to provide the Authorized Representative with such additional information and documentation as is reasonably necessary for the Authorized Representative to conclude each such review. Within 20 business days of receipt of the Payment Request, the Authorized Representative expects to review the request for completeness and notify Owner whether such Payment Request is complete, and, if not, what additional documentation must be provided. If such Payment Request is complete, the Authorized Representative expects to provide a written approval or denial (specifying the reason for any denial) of the request within 30 days of its submittal. (f) Payment. Upon approval of the Payment Request by the Authorized Representative, the Authorized Representative shall sign the Payment Request and forward the same to CEDA. Upon receipt of the reviewed and fully signed Payment Request, CEDA shall cause the same to be paid by the Fiscal Agent under the applicable provisions of the Fiscal Agent Agreement, to the extent of funds then on deposit in the appropriate account.

The Purchase Price paid hereunder for the Acquisition Facilities shall constitute payment in full for the Acquisition Facilities, including, without limitation, payment for all labor, materials, equipment, tools and services used or incorporated in the work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Acquisition Facilities.
(g) Timing of Requisitions. The Program Participant and Owner acknowledge that (i) Owner may submit a Payment Request for an Acquisition Facility to the Program Participant in advance of when sufficient, if any, funds are available for payment of the Purchase Price; (ii) the Payment Request submitted when there are insufficient proceeds available will be reviewed by the Program Participant as set forth in this Agreement and, if appropriate, approved for payment when such funds are available and (iii) the payment approved in the preceding manner will be deferred until the date, if any, on which there are proceeds of Special Taxes or Bonds available to make all or part of such payment, at which time the Program Participant will pay from the Special Fund or direct the Fiscal Agent to wire transfer (or pay in another mutually acceptable manner) from Bond proceeds the funds available to the payee identified in such Payment Request. (h) Restrictions on Payments. Notwithstanding any other provisions of this Agreement, the following restrictions shall apply to any payments made to Owner under Sections 8(b) and 8(f) hereof:
(1) Amounts of Payments. Subject to the following paragraphs of this Section 7(h), payments for the Acquisition Facilities will be made only in the amount of the Purchase Price for the Acquisition Facilities.

Nothing herein shall require the Program Participant in any event (i) to pay more than the Actual Cost of the Acquisition Facilities, or (ii) to make any payment beyond the available funds in the Special Fund or the applicable accounts identified in the Fiscal Agent Agreement. The parties hereto acknowledge and agree that all payments to Owner for the Purchase Price of the Acquisition Facilities are intended to be reimbursements to Owner for monies already expended or for immediate payment by Owner (or directly by the Program Participant) to third parties in respect of the Acquisition Facilities.
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7 (2) Joint or Third Party Payments. CEDA may make any payment jointly to Owner and any mortgagee or trust deed beneficiary, contractor or supplier of materials, as their interests may appear, or solely to any such third party, if Owner so requests the same in writing or as CEDA otherwise determines such joint or third party payment is necessary to obtain lien releases.
(3) Withholding Payments. CEDA shall be entitled, but shall not be required, to withhold any payment hereunder for the Acquisition Facilities if Owner or any Affiliate is delinquent in the payment of ad valorem real property taxes, special assessments or taxes, or Special Taxes levied in the District. In the event of any such delinquency, CEDA shall only make payments hereunder directly to contractors or other third parties employed in connection with the construction of the Acquisition Facilities or to any assignee of Owner’s interests in this Agreement (and not to Owner or any Affiliate), until such time as Owner provides the Authorized Representative with evidence that all such delinquent taxes and assessments have been paid.

CEDA shall withhold final payment for an Acquisition Facility constructed on land until Acceptable Title to such land is conveyed to the Program Participant, as described in Section 8 hereof.

Nothing in this Agreement shall be deemed to prohibit Owner from contesting in good faith the validity or amount of any mechanics or materialman’s lien nor limit the remedies available to Owner with respect thereto so long as such delay in performance shall not subject the Acquisition Facility to foreclosure, forfeiture or sale. In the event that any such lien is contested, Owner shall only be required to post or cause the delivery of a bond in an amount equal to the amount in dispute with respect to any such contested lien, so long as such bond is drawn on an obligor and is otherwise in a form acceptable to the Authorized Representative. (i) Modification of Acquisition Facilities and Public Facilities. The descriptions of the Acquisition Facilities and Public Facilities in Exhibit A may be modified, or new Acquisition Facilities and Public Facilities may be added to Exhibit A, through a Supplement executed by the Parties hereto provided the modifications or new Acquisition Facilities and Public Facilities are consistent with the facilities and costs authorized to be funded by the District pursuant to the formation proceedings and the Act.

Section 8. Ownership and Transfer of Acquisition Facilities. (a) Conveyance of Land and Easements to Program Participant. Acceptable Title to all property on, in or over which the Acquisition Facilities will be located, shall be deeded over to the Program Participant by way of grant deed, quitclaim, or dedication of such property, or easement thereon, if such conveyance of interest is approved by the Program Participant as being a sufficient interest therein to permit the Program Participant to properly own, operate and maintain the Acquisition Facilities located therein, thereon or thereover, and to permit Owner to perform its obligations as set forth in this Agreement. Owner agrees to assist the Program Participant in obtaining such documents as are required to obtain Acceptable Title. Completion of the transfer of title to land shall be accomplished prior to the payment of the Purchase Price for 633
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8 an Acquisition Facility and shall be evidenced by an irrevocable offer of dedication or recordation of the acceptance thereof by the Program Participant.
(b) Facilities to be Owned by the Program Participant – Title Evidence. Upon the request of the Program Participant, Owner shall furnish to the Program Participant a preliminary title report for land with respect to the Acquisition Facilities that have not previously been dedicated or otherwise conveyed to the Program Participant, for review and approval at least fifteen (15) calendar days prior to the transfer of Acceptable Title of the Acquisition Facilities to the Program Participant. The Program Participant shall approve the preliminary title report unless it reveals a matter which, in the judgment of the Program Participant, could materially affect the Program Participant’s use and enjoyment of any part of the property or easement covered by the preliminary title report. In the event the Program Participant does not approve the preliminary title report, the Program Participant shall not be obligated to accept title to such Acquisition Facility or pay the Purchase Price for the Acquisition Facility until Owner has cured such objections to title to the satisfaction of the Program Participant.
(c) Facilities Constructed on Private Lands. If any portion of an Acquisition Facility is located on privately-owned land, the owner thereof shall retain title to the land and the completed Acquisition Facility until the Acquisition Facility is accepted by the Program Participant and transferred to Program Participant pursuant to this Section 8. Pending the completion of such transfer, Owner shall not be entitled to receive any payment for the Acquisition Facility. Owner shall, however, be entitled to receive payments pursuant to Section 7 of the Acquisition Facility upon making an irrevocable offer of dedication of such land in form and substance acceptable to the Authorized Representative.
(d) Facilities Constructed on Program Participant Land. If any portion of an Acquisition Facility to be acquired is on land owned by the Program Participant, the Program Participant hereby grants to Owner a license to enter upon such land for purposes related to the construction (and maintenance pending acquisition) of the Acquisition Facility. The provisions for inspection and acceptance of the Acquisition Facilities otherwise provided herein shall apply.

Section 9. Indemnification.
(a) Owner Indemnification. Owner shall promptly defend, indemnify and hold harmless the Program Participant, CEDA, the District, and its officers, employees and agents, and each and every one of them, from any and all claims, actions, liability, damages, losses, expenses and costs arising out of Owner’s performance of, or failure to perform, its duties hereunder or by reason of, or arising out of, this Agreement. The Program Participant reserves the right, as respects to future developers of the Property, to require the future developers to assume by contract with the Program Participant any portion or all of this responsibility.

Section 10. Program Participant Indemnification. Program Participant shall defend, indemnify and hold the other party and its directors officials, officers, employees and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages, or injuries of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of willful misconduct or negligent acts, errors, or omissions of the indemnifying party or its directors, officials, officers, employees and agents in connection with 634
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9 this Agreement, including without limitation the payment of expert witness fees and attorneys’ fees and other related costs and expenses, but excluding payment of consequential damages. In no event shall any of CEDA or its other Member Agencies, or their officials, officers or employees be held directly liable for any damages or liability resulting out of the this Agreement.

Section 11. CEDA Goals & Policies. The Rate and Method, the sale of the Bonds and the ratio of the appraised market value or assessed value of all parcels of property within the District to the total amount of the assessment and special tax obligation thereof after the issuance and sale of the Bonds (the “Value-to-Lien Ratio”) shall comply with the CFD Goals & Policies of CEDA.

Section 12. Representations, Covenants and Warranties of Owner. Owner represents and warrants for the benefit of CEDA and the Program Participant as follows:

A. Organization. Owner is duly organized, validly existing and in good standing under the laws of the State of _______, is duly qualified to conduct business as a [limited liability company/partnership/company] and is in good standing under the laws of the State of California and has the power and authority to own its properties and assets and to carry on its business as now being conducted and as now contemplated.

B. Authority. Owner has power and authority to enter into this Agreement, and has taken all action necessary to cause this Agreement to be executed and delivered by Owner, and this Agreement has been duly and validly executed and delivered by Owner.

C. Binding Obligation. This Agreement is a legal, valid and binding obligation of Owner, enforceable against Owner in accordance with its terms, subject to bankruptcy and other equitable principles.

D. Compliance with Laws. Owner shall not with knowledge commit, suffer or permit any act to be done in, upon or to the lands of Owner in the District in violation of any law, ordinance, rule, regulation or order of any governmental authority or any covenant, condition or restriction now or hereafter affecting the lands in the District or the Acquisition Facilities.

E. Requests for Payment. Owner represents and warrants that (i) it will not request payment from CEDA out of the Special Taxes or proceeds of the Bonds for the acquisition of any improvements other than the Acquisition Facilities, and (ii) it will diligently follow all procedures set forth in this Agreement with respect to the Payment Request for the Acquisition Facilities.

F. Additional Information. Owner agrees to cooperate with all reasonable written requests for nonproprietary information by the original purchasers of the Bonds or CEDA related to the status of construction of improvements within the District, the anticipated completion dates for future improvements, and any other matter material to the investment quality of the Bonds.
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10 G. Continuing Disclosure. Owner agrees to comply with all of its obligations under any continuing disclosure agreement executed by it in connection with the offering and sale of any of the Bonds. Owner shall cooperate with CEDA in complying with the requirements of Rule 15c2-12 of the Securities and Exchange Commission in connection with the issuance and sale of the Bonds. Owner shall provide information to CEDA regarding its operations and financial condition as such information has been disclosed in the Official Statement. CEDA, in consultation with the underwriter of the Bonds, may determine that some or all of such financial information will be included in the preliminary official statement and the final official statement for the Bonds. If Owner owns property within the District responsible for more than 20% of the Special Taxes levied in such fiscal year, then Owner acknowledges that it may be an “obligated person” for purposes of compliance with Rule 15c2-12(b)(5) of the Securities and Exchange Commission and that it may therefore be necessary that Owner enter into a continuing disclosure undertaking, at the time of and in connection with the issuance and sale of the Bonds, that so long as it remains an obligated person it will semi-annually, at the time specified in such undertaking, provide information regarding its financial condition, including, at CEDA’s discretion, such regularly submitted periodic reports and financial statements prepared by Owner’s certified public accountant which are available to the investing public (which may be consolidated with Owner’s parent company) and the status of development and residential and land sale activity within the District to be included within the semi-annual reports which Owner, or a dissemination agent designated in such undertaking, will file with the Nationally Recognized Municipal Securities Information Repositories which are identified by the Securities and Exchange Commission and any state information repository that may be designated for the State of California, as required by that rule. Copies of all such reports shall also be provided to CEDA and the underwriter of the Bonds. Owner further acknowledges that it may be an obligated person pursuant to such rule as long as it owns property within the District that is responsible for the payment of annual Special Taxes which represent 20% or more of the annual debt service on the Bonds. If Owner sells any portion of property within the District to an entity and such entity will own property within the District which will be responsible for the payment of annual Special Taxes which represent 20% or more of the annual debt service on the Bonds, Owner shall notify such entity that it will be an obligated person for purposes of the rule and that such entity will be required to enter into a continuing disclosure undertaking as provided in this section.

Section 13. Independent Contractor. Owner is an independent contractor and not the agent of CEDA, the Program Participant or the District. This Agreement shall not and does not create a joint venture or partnership between CEDA and Owner. Neither CEDA nor the Program Participant shall have no responsibility or liability for the payment of any amount to any employee or subcontractor of Owner.

Section 14. Special Taxes. The parties are entering into this Agreement and establishing the District for the purpose of creating a stream of Special Tax revenues that will be available to the District to pay directly the costs of acquisition, construction and/or equipping the Acquisition Facilities and Public Facilities and to pay debt service on the Bonds, the proceeds of which will be used to pay the costs of acquisition, construction and/or equipping of the Acquisition Facilities and Public Facilities. Owner and CEDA hereby acknowledge and agree (i) that any reduction or termination of the Special Taxes by exercise of the initiative power or other action would constitute a substantial impairment of the Special Tax revenue stream that Owner and CEDA intend to create for the purpose of providing an assured source of funding for construction, 636
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11 acquisition and/or equipping of the Acquisition Facilities and Public Facilities, and (ii) that this Agreement is being entered into, and the Special Taxes are being imposed upon the Property pursuant to the Rate and Method, in accordance with existing laws relating to the imposition of fees and charges as a condition of development of the Property and such Special Taxes are being incurred as an incident of the voluntary act of development of the Property. To the fullest extent permitted by law, Owner, for itself and for each of its successors and assigns as owners or lessees of all or any portion of the Property included in the District hereby waives any right to exercise the initiative power that may be authorized in California Constitution Article XIIIC, Section 3, to reduce or appeal the Special Taxes.

Section 15. Disclosure of Special Taxes.
(a) From and after the date of this Agreement, Owner shall provide a “Notice of Special Tax” (as defined in Section 15(b) below) to each prospective purchaser of a home in the District prior to the execution by the home buyer of the sale contract for such home. Owner shall (i) maintain records of each Notice of Special Tax for a period of five (5) years, and (ii) shall provide copies of each notice to CEDA promptly following the giving of such notice. Owner shall include the Notice of Special Tax in all Owner’s applications for Final Subdivision Reports required by the Department of Real Estate (“DRE”), which are filed after the effective date of this Agreement.

Owner shall require of a builder acquiring lots within the Property (a “Residential Builder”), prior to the close of escrow on any residential lot, to (i) maintain records of each Notice of Special Tax for a period of five (5) years, (ii) provide copies of each notice to CEDA promptly following the giving of such notice, and (iii) include the Notice of Special Tax in all of such Residential Builder’s applications for Final Subdivision Reports required by DRE. (b) With respect to any parcel, the term “Notice of Special Tax” means a notice in the form prescribed by California Government Code Section 53341.5 which is calculated to disclose to the purchaser thereof (i) that the property being purchased is subject to the Special Taxes and other special taxes of the District; (ii) the classification of such property; (iii) the maximum annual amount of the Special Taxes and other special taxes of the District and the number of years for which they are authorized to be levied; and (iv) the types of facilities and services to be paid with the proceeds of the Special Taxes and other special taxes of the District. (c) CEDA will file with the San Bernardino County Recorder’s office a notice of special tax lien that gives notice of the existence of the District and the levy of the Special Tax on property within the District for the benefit of subsequent property owners, pursuant to requirements of Section 3114.5 of the Streets and Highways Code. (d) Sample Property Tax Bill/Special Tax Information Sheet. Owner and its successors and assigns shall prepare and have available in its sales office, copies of either a sample property tax bill in a form reasonably acceptable for CEDA or special tax information sheet in substantially the form attached hereto as Exhibit D (the “Special Tax Information Sheet”), which shows the assigned annual Special Taxes and other special taxes authorized to be levied within the District under the Rate and Method. Owner and its successors and assigns shall make available to prospective homebuyers to take with them, copies of such sample property tax bill or Special Tax 637
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12 Information Sheet at the time written information regarding the base home price and property tax information for a specific home site is requested by and provided to such homebuyers. Owner intends to comply with this requirement by providing prospective homebuyers who request such additional written information, with the sample property tax bill in Owner’s Master Property Disclosure Report, a copy of which has presented to and approved by CEDA.

Section 16. Termination and Dissolution. Prior to the issuance of Bonds, Owner may elect to terminate this Agreement and request that CEDA cancel the Special Taxes by providing written notice to CEDA. Within thirty (30) days of such written notice, CEDA shall record a notice of cancellation of the Special Taxes with respect to each parcel. Owner shall be responsible for reasonable CEDA costs incurred relating to the cancellation of the Special Taxes and recordation of such notice; provided, however, that CEDA shall not terminate the Special Taxes for any lot for which a building permit has been issued, unless Owner pays all Program Participant Fees or posts separate security therefore. Such termination of this Agreement and cancellation of Special Taxes shall have no effect on Owner’s obligations to pay Program Participant Fees upon issuance of a building permit.

Section 17. Binding on Community Facilities District. The District shall automatically become a party to this Agreement, and all provisions hereof which apply to CEDA shall also apply to the District. The Board of Directors of CEDA, acting as the legislative body of the District, shall perform all parts of this Agreement which require performance on the part of the District.

Section 18. Assignment. Upon the successful formation of the District, this Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto and shall run with the land without any further action of the Program Participant, CEDA or Owner unless terminated in writing pursuant to Section 16.

Section 19. Prompt Action. All consents, approvals and determinations required of either the Program Participant, CEDA or Owner pursuant to this Agreement shall be promptly given or made, and shall not be unreasonably withheld or conditioned.

Section 20. General. This Agreement and the Deposit Agreement contain the entire agreement between the parties with respect to the matters herein provided for. This Agreement may only be amended by a subsequent written agreement signed on behalf of the parties. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. This Agreement shall be construed and governed by the Constitution and laws of the State of California. Should either party to this Agreement commence a court action or proceeding against the other party with respect to this Agreement or the design and acquisition or construction of the Acquisition Facilities, the party prevailing in such action or proceeding shall be entitled to receive from the losing party its attorney’s fees, expert witness fees, court costs and other costs incurred by it in prosecuting or defending such action or proceeding. The captions of the sections of this Agreement are provided for convenience only, and shall not have any bearing on the interpretation of any section hereof. This Agreement may be executed in several counterparts, each of which shall be an original of the same agreement. [Signature Page Follows]
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IN WITNESS WHEREOF, the parties have caused this agreement to be signed as of the date first above written.

Dated: [DEVELOPER NAME, ENTITY]
By: ________________________________
______________, Authorized Agent
Dated: CALIFORNIA ENTERPRISE

DEVELOPMENT AUTHORITY
By: ________________________________
_____________, Authorized Agent
Dated: CITY OF ADELANTO
By: ________________________________
_____________,
-Signature PageFunding and Acquisition Agreement
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A-1

EXHIBIT A

DESCRIPTION OF ACQUISITION FACILITIES AND PUBLIC FACILITIES The immediately following table lists the Acquisition Facilities to be constructed by Owner and the Public Facilities to be owned, operated and maintained by the Program Participant, including the current cost estimates related thereto, which are subject to change.

A. Acquisition Facilities Estimated
B. Public Facilities

GRAND TOTAL ELIGIBLE ACQUISITION

FACILITIES AND PUBLIC FACILITIES
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B-1

EXHIBIT B

DEFINITIONS
The following terms shall have the meanings ascribed to them for purposes of this Agreement. Unless otherwise indicated, any other terms, capitalized or not, when used herein shall have the meanings ascribed to them in the Fiscal Agent Agreement (as hereinafter defined). “Acceptable Title” means title to land or interest therein, in form acceptable to the Public Works Director, free and clear of all liens, taxes, assessments, leases, easements and encumbrances, whether or not recorded, but subject to any exceptions determined by the Public Works Director as not interfering with the actual or intended use of the land or interest therein.

Notwithstanding the foregoing, an irrevocable offer of dedication may constitute land with an “Acceptable Title” if: (i) such offer is necessary to satisfy a condition to a tentative or final parcel map, (ii) such offer is in a form acceptable to the Public Works Director, (iii) the Public Works Director has no reason to believe that such offer of dedication will not be accepted by the applicable Program Participant, and (iv) the Owner commits in writing not to allow any liens to be imposed on such property prior to its acceptance.
“Acceptance Date” means the date the Program Participant takes final action to accept dedication of or transfer of title to the Acquisition Facilities. “Acquisition Facilities” means the facilities described as such in Exhibit A to the Agreement.
“Additional Bonds” means any series of Bonds issued by or on behalf of the District after the first series of Bonds, in each case in compliance with and under supplements to the Fiscal Agent Agreement, which Additional Bonds shall be secured on a parity lien or subordinate lien position with other Bonds previously issued.
“Affiliate” mean, with respect to the Owner, any other Person who control, is controlled by or is under common control with the Owner, for purposes hereof, control means the power to exercise a controlling influence over the management or policies of a person, unless such power is solely the result of an official position with such person. “Agreement” means this Agreement, together with any Supplement hereto. “Act” means the Mello-Roos Community Facilities Act of 1982, Sections 53311 et seq. of the California Government Code, as amended.
“Actual Cost” means the substantiated cost of the Acquisition Facilities, which costs may include: (i) the costs incurred by the Owner for the construction of the Acquisition Facilities, including labor, material and equipment costs; (ii) the costs incurred by the Owner in preparing the Plans for the Acquisition Facilities and the related costs of environmental evaluations of the Acquisition Facilities; (iii) the fees paid to governmental agencies for obtaining permits, licenses or other governmental approvals for the Acquisition Facilities; (iv) a construction and project management fee of five percent (5%) of the costs described in clause (i) above incurred for the construction of the Acquisition Facilities; (v) professional costs incurred by the Owner, Program 641
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Participant or CEDA associated with the Acquisition Facilities, such as engineering, legal, accounting, inspection, construction staking, materials testing and similar professional services; (vi) costs directly related to the construction and/or acquisition of the Acquisition Facilities, such as costs of payment, performance and/or maintenance bonds, and insurance costs (including costs of any title insurance required hereunder); and (vii) costs of any real property or interest therein acquired from a third party, which real property or interest therein is either necessary for the construction of such Acquisition Facility (e.g., temporary construction easements, haul roads, etc.) or is required to be conveyed with such Acquisition Facility in order to convey Acceptable Title thereto to the Program Participant. Actual Cost shall not include any cost of carry or interest expense with respect to any construction loan obtained by the Owner with respect to the Acquisition Facilities.
“Administrative Expense Requirement” means $[AMOUNT] per year commencing in the first year of issuance of Bonds.
“Assessor’s Parcel” shall have the meaning ascribed to it in the Rate and Method. “Bonds” means any series of bonds issued by or on behalf of the District. “CFD Goals & Policies” means the California Enterprise Development Authority Statement of Goals and Policies for Mello-Roos Community Facilities Districts, dated __________, 20[__], as amended on __________, 20[__] or as further amended from time to time. “Deposit Agreement” means the Deposit Agreement between CEDA and the Owner. “Fiscal Agent” means the financial institution or other entity that enters into a Fiscal Agent Agreement with CEDA with respect to the Bonds.
“Fiscal Agent Agreement” means, collectively, any agreement or agreements by that or similar name to be executed by the Authority, for and on behalf of the District, and the fiscal agent, which will provide for, among other matters, the issuance of the Bonds and the establishment of an “Improvement Fund” as originally executed by CEDA and the fiscal agent and as it may be amended from time to time.
“Owner” means [DEVELOPER NAME], as the owner of the Property, and its successors and assigns, other than individual homebuyers.
“Person” means an individual, a corporation, a partnership, an association, a limited liability company, a joint stock company, a trust, any unincorporated organization or a government or political subdivision thereof.
“Plans” means the plans, specifications, schedules and related construction contracts for the Acquisition Facilities approved pursuant to the applicable standards of the Program Participant or other entity that will own, operate or maintain the Acquisition Facilities when completed and acquired.
“Program Participant” means the City of Adelanto
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“Program Participant Fees” means the following development impact fees imposed by the Program Participant: water and sewer connection, street and signal, law enforcement, fire protection, library, public meeting, aquatic center, parks and radio communication. “Purchase Price” means the amount paid by the Program Participant for the Acquisition Facilities determined in accordance with Section 7 hereof, being an amount equal to the Actual Cost of such Acquisition Facilities, but subject to the limitations and reductions provided for in Section 7.
“Rate and Method” means the rate and method of apportionment of special taxes approved for the District in accordance with the Act.
“Special Fund” means a discrete, interest-bearing special fund of CEDA to be established for the financing of the Acquisition Facilities and Public Facilities and administered pursuant to this Agreement.
“Special Tax or Special Taxes” means the special tax designated in the Rate and Method. 643
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C-1

EXHIBIT C

FORM OF PAYMENT REQUEST

CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. [____]
The undersigned, ______________________, a duly authorized representative of Owner, hereby requests payment of the Purchase Price of the Acquisition Facilities described in Attachment A attached hereto. Capitalized undefined terms shall have the meanings ascribed thereto in the Funding and Acquisition Agreement, dated as of _____________, 20[__] (the “Agreement”), by and between the City of Adelanto (“Program Participant”), the California Enterprise Development Authority (“CEDA”) on behalf of the Community Facilities District No. [__] and [DEVELOPER NAME] (“Owner”). In connection with this Payment Request, the undersigned hereby represents and warrants to CEDA Community Facilities District No. [__] and the Program Participant as follows:

1. He or she is a duly authorized representative of Owner, qualified to execute this request for payment on behalf of Owner and knowledgeable as to the matters set forth herein.

2. The Acquisition Facilities for which payment is being sought under this payment request have been substantially completed in accordance with the Agreement.

3. The true and correct Actual Cost of the Acquisition Facilities is set forth in Attachment A.

4. Attached hereto are invoices, receipts, worksheets and other evidence of costs which are in sufficient detail to allow the Program Participant to verify the Actual Cost of the Acquisition Facilities.

5. There has not been filed with or served upon Owner notice of any lien, right to lien or attachment upon, or claim affecting the right to receive the payment requested herein which has not been released or will not be released simultaneously with the payment of such obligation, other than materialmen’s or mechanics’ liens accruing by operation of law. Copies of lien releases for all work for which payment is requested hereunder are attached hereto.

6. Owner is in compliance with the terms and provisions of the Agreement.

The Purchase Price for the Acquisition Facilities shall be payable from the appropriate account created pursuant to the Fiscal Agent Agreement or the Special Fund established pursuant to the Fiscal Agent Agreement.
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I hereby certify that the above representations and warranties are true and correct.

Dated: [OWNER NAME]
By:

Name:

Title:

By execution of this Payment Request, the Program Participant does hereby approve of the payment as described in this Payment Request and directs the Fiscal Agent to pay such amounts, first, from bond proceeds held in the designated account pursuant to the Fiscal Agent Agreement and, second from any surplus Special Taxes held by CEDA as applicable, to the payee listed above and/or the Program Participant shall pay all or a portion thereof from funds designated by the Program Participant for such purpose.

City of Adelanto
By:

Name:
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C-3

ATTACHMENT A
Acquisition Facility Estimated Cost Actual Cost Purchase Price Total Purchase Price to be Paid $
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D-1

EXHIBIT D

SPECIAL TAX INFORMATION SHEET

CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. [____]

1. WHAT IS COMMUNITY FACILITIES DISTRICT (CFD) NO. [____] CFD No. [____] was formed pursuant to the “Mello-Roos Community Facilities Act of 1982” to finance certain public facilities.

2. WHO IS RESPONSIBLE TO PAY THE SPECIAL TAX AND HOW IS IT BILLED?
The property owner is responsible for paying the CFD No. [____] special taxes, which will appear as a separate line item on your property tax bill along with your regular property taxes.

3. HOW MUCH WILL MY SPECIAL TAX BE?
The special tax is based upon the size of the home. The assigned and maximum special taxes for CFD No. [____] for the [20__-__] fiscal year are summarized below.

Land Use Category
Taxable
Unit Building Square Footage
Assigned
Special Tax
Per Taxable
Unit

1. $
$
$
$
$

4. HOW LONG WILL I HAVE TO PAY THE CFD NO. [_____] SPECIAL TAX?
Special Taxes will not be collected after fiscal year [20__-__.]

5. CAN THE SPECIAL TAXES BE PREPAID?
Homeowners have the option of prepaying special taxes anytime. For prepayment information please contact CEDA’s CFD No. [____] administrator, Willdan Financial Services, 27368 Via Industria, Suite 200, Temecula, California 92590, 800-424-9144. 647
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6. WHERE CAN I GET MORE INFORMATION?
For more information in regards to CFD No. [____], contact CEDA’s CFD No. [____] administrator, [NAME], [ADDRESS, Suite __], [CITY, STATE, ZIP], phone (XXXXXXX). 648
09960.00000\42499433.1

JOINT COMMUNITY FACILITIES AGREEMENT
Relating to:

CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. [___]
Between

THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY
and

CITY OF ADELANTO
_____________, 20[__]
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1 JOINT COMMUNITY FACILITIES AGREEMENT
Relating to:

CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY
Community Facilities District No. [___]
This Joint Community Facilities Agreement (this “Agreement”), dated as of ___________________, 20__, is entered into by and between the CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY (“CEDA”), a joint exercise of powers authority duly organized and existing under the Constitution and laws of the state of California and the CITY OF ADELANTO, a ________________ (the “Program Participant,” and together with CEDA, the “Parties”).

RECITALS
WHEREAS, CEDA intends to conduct proceedings under the Mello-Roos Community Facilities Act of 1982 (California Government Code section 53311 et seq.) (the “Act”) to form community facilities districts (the “CFDs”) encompassing properties located within the boundaries of the Program Participant upon the request of the property owners. Each CFD shall be authorized to finance services (the “Services”) provided by and/or capital facilities of the Program Participant authorized to be financed under the Act and related costs (“Program Participant Improvements”) in satisfaction of Program Participant development impact fees (“Program Participant Fees”), which Program Participant Fees are payable with respect to all development of the applicant property and certain Program Participant capital facilities to be constructed by or on behalf of the developer(“Acquisition Improvements” and with the Program Participant Improvements and Program Participant Fees the “Facilities”); and
WHEREAS, under Section 53316.2 of the Act, CEDA may form CFDs to, among other things, finance the Facilities in connection with new development in the boundaries of the Program Participant and issue bonds, the proceeds of which are used by the Program Participant for the Facilities, provided CEDA and the Program Participant enter into a joint community facilities agreement such as this Agreement; and
WHEREAS, CEDA intends to utilize the proceeds of sale of special tax bonds (the “Bonds”) and special taxes of the CFDs (the “Special Taxes”) to finance some or all of the Facilities; and
WHEREAS, CEDA may utilize Special Taxes to finance the Services; and WHEREAS, the Program Participant is willing to cooperate with CEDA in accomplishing the financing of the Facilities through CFDs, and to confer upon CEDA full power to provide such financing in the event that proceeds of Special Taxes and/or Bonds of such CFD become available and are utilized for such purpose; and
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2 WHEREAS, this Agreement is made under the authority of Section 53316.2 of the Act; and
WHEREAS, in consideration for the mutual undertakings of the Parties stated herein, the Parties agree as follows:

AGREEMENT
Section 1. Administration of CFDs and Issuance of Bonds by CEDA. The CFDs shall be established and administered in accordance with CEDA’s Statement of Goals and Policies for Mello-Roos Community Facilities Districts, attached hereto as Exhibit A. CEDA shall administer the CFDs, including employing and paying all consultants, annually levying the Special Taxes and paying and administering the Bonds, and complying with all State and federal requirements appertaining to the proceedings establishing the CFDs and issuing and using the proceeds of the Bonds, including the requirements of the United States Internal Revenue Code of 1986, as amended (the “Code”) with respect to the tax-exempt Bonds that are issued. The Program Participant shall execute and deliver such certifications and agreements as may reasonably be required in order for bond counsel to CEDA to conclude that interest on any tax-exempt Bonds will be excluded from gross income under the Code, if applicable. To the extent such certifications and agreements cannot be executed with respect to certain Program Participant Fees, Bonds may be issued on a taxable basis, in CEDA’s sole discretion.

Section 2. Agreement to Hold Available Moneys. CEDA shall hold or cause to be held within a separate fund (the “Project Fund”) proceeds of each series of Bonds issued to finance Program Participant Improvements, as well as proceeds of Special Taxes levied by the CFDs for “pay-as-you-go” funding from Special Taxes collected in excess of the amounts needed for bond debt service and administration expenses (such bond proceeds and excess amounts are referred to as “Available Moneys”). The Project Fund shall be segregated from all other funds and, except for investment purposes, shall not be commingled with any other funds. The Project Fund may include separate accounts as necessary to separately account for the proceeds of tax-exempt and taxable Bonds (the “Tax-Exempt Account” and “Taxable Account,” respectively) and to account for the proceeds of such Bonds that are to fund Program Participant Fees and Acquisition Improvements.

Investment earnings on amounts in each Tax-Exempt Account shall be retained in the Tax-Exempt Account, except to the extent a portion of such earnings are used to pay rebate or yield reduction payments to the U.S. Treasury pursuant to the Code. Amounts on deposit in the Project Fund shall be disbursed in accordance with Section 3 of this Agreement and CEDA agrees to disburse, or cause to be disbursed, moneys on deposit in the Project Fund as provided herein. All Program Participant Fees funded through Available Moneys shall be deemed paid in the amount of the Bond proceeds on the date that such Bond proceeds are deposited with the Program Participant.

Section 3. Disbursements From Special Taxes and Bond Proceeds. Proceeds from all Bonds and Special Taxes shall be disbursed in accordance with each Funding and Acquisition Agreement to be entered into among the Program Participant, CEDA and the developer, or property owner of the applicant property, with respect to each CFD (each an “Acquisition Agreement”).
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3 Section 4. Use of Program Participant Fees for Public Capital Improvements and Acquisition of Improvements. The Program Participant shall utilize the Program Participant Fees for Program Participant Improvements. The Program Participant acknowledges that, subject to approval of disbursements as set forth in the applicable Acquisition Agreement, the Program Participant Improvements may be financed through a CFD. The Acquisition Improvements shall be acquired by the Program Participant as set forth in the Acquisition Agreement.

Section 5. Amendments. This Agreement may be amended by a writing signed by the Parties, including any exhibit hereto; provided, that no amendments to Section 3 shall be made without the prior written consent of the developer.

Section 6. Term of this Agreement. This Agreement shall be in full force and effect from this date to and including its termination by mutual written agreement of the parties hereto prior to the formation of the CFD.

Section 7. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original.
[Signature Page Follows]
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S-1
IN WITNESS WHEREOF the Parties have caused this Agreement to be executed by their authorized representatives as of the effective date stated above.

AUTHORITY:

CALIFORNIA ENTERPRISE DEVELOPMENT

AUTHORITY
By:

Authorized Signatory
CITY OF ADELANTO:

By:

Name:

Title:

APPROVED AS TO FORM:

By:
-Signature PageJoint Community Facilities Agreement
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EXHIBIT A

CEDA STATEMENT OF GOALS AND POLICIES FOR MELLO-ROOS COMMUNITY

FACILITIES DISTRICTS
[See Attached]
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1 RESOLUTION NO. 24-86

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

CALIFORNIA, MAKING A DECLARATION OF OFFICIAL INTENT TO REIMBURSE

FACILITIES EXPENDITURES WITH BOND PROCEEDS AND RELATED ACTIONS WHEREAS, the City Council (the “City Council”) of the City of Adelanto (the “City”) has opted to participate in the California Enterprise Development Authority’s (“CEDA”) Bonds Assisting New Development (“BAND”) Program, which, among other things, authorizes CEDA to form a community facilities district (the “Community Facilities District”) within the City under the provisions of the Mello-Roos Community Facilities Act of 1982 (the “Act”) to finance public infrastructure through the issuance of bonds secured by special taxes (the “Special Taxes”) levied within the Community Facilities District; and WHEREAS, CEDA intends to form a Community Facilities District encompassing certain property owned by Steelwave LLC to pay for the costs of certain public facilities (the “Facilities”) and to issue bonds (the “CFD Bonds”) payable from the Special Tax levied within the Community Facilities District; and
WHEREAS, beginning the 60-day period prior to the date hereof, the City has paid or incurred, or expects to pay or incur, costs with respect to the Facilities prior to the issuance of the CFD Bonds in order to finance the Facilities; and WHEREAS, the City also may pay or incur certain ‘preliminary expenditures’ in connection with the Facilities, which term includes architectural, engineering, surveying, soil testing, reimbursement bond issuance, and similar costs that are incurred prior to commencement of acquisition, construction, or rehabilitation of a project, other than land acquisition, site preparation, and similar costs incident to commencement of construction; and
WHEREAS, in order to reimburse itself for the payment, or pay unpaid costs, of the Facilities, the City anticipates that CEDA will issue CFD Bonds in an amount not expected to exceed $25,000,000 for the purpose of financing costs of the Facilities; and WHEREAS, proceeds of the CFD Bonds will be allocated to reimbursement expenditures no later than 18 months after the later of (i) the date the cost is paid, or (ii) the date the Facilities (or each component thereof) is placed in service or abandoned (but in no event more than three years after the cost is paid); and WHEREAS, Section 1.150-2 of the Treasury Regulations requires the City to declare its reasonable official intent to reimburse prior expenditures for the Facilities with proceeds of indebtedness; and
WHEREAS, the City now wishes to declare its official intent to use proceeds of indebtedness (such as the CFD Bonds) to reimburse expenditures of the Facilities paid before its obligations are issued and to finance the Facilities costs on a long-term basis with the proceeds of such indebtedness.
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2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Adelanto as follows:

Section 1. The foregoing recitals are true and correct, and the City Council so finds and determines.

Section 2. This Resolution is adopted by the City Council solely for purposes of establishing compliance with the requirements of Section 1.150-2 of the Treasury Regulations. Unless otherwise defined, terms used herein shall have the meaning set forth in the Internal Revenue Code of 1986 and in Section 1.150-2 of the Treasury Regulations. This Resolution does not bind the City to make any expenditure, incur any indebtedness, or proceed with construction of the Facilities.

Section 3. All actions heretofore taken by the officers, employees and agents of the City with respect to the actions set forth above are hereby approved, confirmed and ratified.

Section 4. The officers, employees and agents of the City are, and each of them is, hereby authorized and directed, to take all actions and do any and all things that they, or any of them, may deem necessary or advisable in order to consummate the transactions contemplated by this Resolution and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution not inconsistent with the provisions hereof.

Section 5. This Resolution shall take effect immediately upon its adoption. ***********************
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3 PASSED, APPROVED AND ADOPTED by the City Council of the City of Adelanto this 25
th day of September, 2024.

AYES:

NOES:

ABSENT:

ABSTAIN:

Gabriel Reyes, Mayor
ATTEST:

Brenda Lopez, City Clerk
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Fiscal Year
2024-2025
Proposed Budget
The City with Unlimited Possibilities
658
City of Adelanto
Fiscal Year 2024-2025 Annual Budget
Table of Contents
Elected Officials and Staff.................................................................................................................1 City Manager’s Budget Message......................................................................................................1 FUND BALANCE SUMMARY AND GENERAL FUND SUMMARIES................................................4 Fund Balance Summary – General Fund, Special Revenue Funds and Enterprise Funds .....Error! Bookmark not defined.

General Fund Revenue & Expenditure Summary ............................................................................5 General Fund Expenditure Summaries by Department....................................................................7 GENERAL FUND REVENUE DETAILS............................................................................................10 GENERAL FUND EXPENDITURE DETAILS BY DEPARTMENT....................................................14 City Council ....................................................................................................................................16 Administration Department.............................................................................................................18 City Clerk Department ....................................................................................................................20 Finance Department.......................................................................................................................23 City Attorney’s Office......................................................................................................................25 Human Resources Department......................................................................................................27 Information Technology Department ..............................................................................................29 Non-Department.............................................................................................................................32 Streets Department ........................................................................................................................34 Facility Maintenance Department...................................................................................................36 Parks and Grounds Department.....................................................................................................38 Lighting and Landscaping Maintenance Districts Department .......................................................41 Vehicle Maintenance Department ..................................................................................................44 Police Department..........................................................................................................................47 Fire Department .............................................................................................................................49 Code Enforcement Department......................................................................................................51 Animal Control Department ............................................................................................................54 Planning Department......................................................................................................................56 Building and Safety Department.....................................................................................................59 Engineering Department ................................................................................................................62 Senior Center Program ..................................................................................................................64 Community Center #1 ....................................................................................................................66 Community Center #2 ....................................................................................................................67 ENTERPRISE FUNDS.......................................................................................................................68 659
Water Fund .................................................................................................................................69 Sewer Fund ................................................................................................................................70 SPECIAL FUNDS..............................................................................................................................75 Special Funds Summary ..................................................................Error! Bookmark not defined.

Adelanto City CouncilSeptember 25, 2024

Adelanto City Council
September 25, 2024