Agenda — Adelanto City Council, October 9, 2024

AGENDA

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
OCTOBER 9, 2024

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

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

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

We encourage submittal of written comments supporting, opposing, or otherwise commenting on an agenda item, for distribution to the City Council prior to the meeting. Send emails to [email protected]; written correspondence may be sent to Brenda Lopez, 11600 Air Expressway Adelanto CA 92301.
1 REGULAR MEETING
OCTOBER 9, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us Rules of Decorum
“Members of the Public are advised that all PAGERS, CELLULAR TELEPHONES and any OTHER COMMUNICATION DEVICES are to be turned off upon entering the City Council Chambers.” If you need to have a discussion with someone in the audience, kindly step out into the lobby. Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.

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

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

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

MEMBERS OF THE PUBLIC WISHING TO ADDRESS THE CITY COUNCIL MEMBERS

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

AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (760) 246-2300, ext. 11123, no later than seventy-two (72) hours prior to the meeting per 28 CFR 34.102.104.
2 REGULAR MEETING
OCTOBER 9, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us TIME: _____________
ROLL CALL: Councilor Jeannette ________
Councilor Meza ________
Councilor Uptergrove ________
Mayor Pro Tem Ramos ________
Mayor Reyes ________
INVOCATION:

FLAG SALUTE: ______________________
B. APPROVAL OF AGENDA
C. CITY MANAGERS ANNOUNCEMENTS AND REPORT
D. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
E. PRESENTATIONS
Presentation by Mayor Reyes.

F. PUBLIC COMMUNICATIONS
This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *9 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.

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

A. CALL TO ORDER—REGULAR MEETING
3 REGULAR MEETING
OCTOBER 9, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us G. CONSENT CALENDAR
Items on the Consent Calendar are considered routine in nature and non-controversial and require no further discussion by the City Council. They may be acted on in one motion unless a member of the City Council requests a separate discussion on an item.

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

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

2. Approval of meeting minutes – May 22, 2024 – Corrected Regular and Special Meeting July 24, 2024 – Regular Meeting

3. Commercial and Residential Recycling Department Report.

4. Approve Amendment No. 3 to the As Needed Building And Safety Services Contract to Infrastructure Engineers in the additional not to exceed amount of $825,000.

5. Amendment to Project Funding Agreements with San Bernardino County Transportation Authority (SBCTA) for Bartlett Avenue, Bellflower Street, and El Mirage Road.

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

PUBLIC COMMENT: OPEN: CLOSED:

2. Approve the award of the construction contract agreement with High Desert Underground Inc. in the amount of $122,420 to provide re-construction of a sagging sewer main on Pearmain St from Taylor St to Mojave Dr.

M__________________S__________________ACTION__________________ 4 REGULAR MEETING
OCTOBER 9, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us I. PUBLIC HEARING

1. ZONE CODE AMENDMENT NO. ZCA 24-02 –AMENDING THE CITY OF ADELANTO MUNICIPAL CODE (“AMC”) SECTION 17.50.020, APPENDIX A, ADDING MINIWAREHOUSES/STORAGE FACILITIES/RECREATIONAL VEHICLE STORAGE IN THE

GENERAL COMMERCIAL (C) AND MIXED-USE (MU) ZONES WITH A CONDITIONAL USE

PERMIT (CUP), BASED ON THE FINDINGS REQUIRED BY MUNICIPAL CODE SECTION

17.115.040. THE PROPERTIES AFFECTED ARE LOCATED IN THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO. (LOUIS)
RECOMMENDATION: . Introduce first reading of Ordinance No. 654, determine that the project is exempt from the California Environmental Quality Act (CEQA), and file a Notice of Exemption with the County Clerk of San Bernardino County.

ORDINANCE NO. 654

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA, AMENDING SECTION 17.50.020

AND APPENDIX A, ADDING MINI-WAREHOUSES/STORAGE

FACILITIES/RECREATIONAL VEHICLE STORAGE AS A CONDITIONALLY PERMITTED USE IN THE COMMERCIAL (C) AND MIXED USE (MU) ZONES.

M__________________S__________________ACTION__________________ J. NEW BUSINESS
PUBLIC COMMENT: OPEN: CLOSED:

1. ACCEPTING GRANT FROM THE CAIFORNIA DEPARTMENT OF GENERAL SERVICES AND

APPROVE PROFESSIONAL SERVICES AGREEMENTS, FOR THE BELLFLOWER PARK DESIGN SERVICES.

RECOMMENDATION: Staff recommends City Council accept the grant from the California Department of Parks and Recreation in the amount of $500,000 for Bellflower Park and approve the award of a Professional Service Agreement (PSA) with Infrastructure Architects, Inc. in the amount of $74,990 for the Bellflower Park Design project design services, and authorizing the City Manager to sign the agreement on behalf of the City Council.

M__________________S__________________ACTION_________________ 5 REGULAR MEETING
OCTOBER 9, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us K. ITEMS REMOVED FROM THE CONSENT CALENDAR
L. FUTURE AGENDA ITEMS
City Councilmembers may request to receive a report, schedule a study session, or to place an item on a future City Council agenda regarding matters within the jurisdiction of the City Council. Requests require a motion, a second, and a majority vote of the City Council. Individual requests should be voted on separately. The City Manager shall work with City staff to respond to inquiries and requests as soon as practicable in an appropriate manner.

M. PUBLIC COMMUNICATIONS
This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *9 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.

N. ADJOURNMENT
The next Regular Meeting of the City Council will be held on October 23, 2024, at 11:00 a.m.

TIME OUT:

M__________________S__________________ACTION____________________ 6 REGULAR MEETING
OCTOBER 9, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

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

HEREBY CERTIFY THAT A TRUE, ACCURATE COPY OF THE FOREGOING AGENDA WAS POSTED ON OCTOBER 3, 2024 SEVENTY-TWO (72) HOURS PRIOR TO THE MEETING PER GOVERNMENT CODE 54954.2 IN THE GOVERNMENTAL CENTER’S DISPLAY CASE, 11600

AIR EXPRESSWAY, THE ADELANTO POST OFFICE, AND ADELANTO LIBRARY IN ADELANTO, CALIFORNIA.

Brenda Lopez, City Clerk
O. DECLARATION OF POSTING
7 REGULAR MEETING
OCTOBER 9, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

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

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

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

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

RESOLUTIONS: Resolutions and minute orders are the means by which the City Council formally adopts policies and/or approves specific actions. These go into effect upon adoption. 8 Adelanto City Hall ~ 11600 Air Expressway, Adelanto, CA 92301 ~ (760) 246-2300 ~ Fax (442) 249-1121

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
OCTOBER 9, 2024
All of our meetings are streamed live at https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting.

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

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

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

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

Dated: October 3, 2024 Brenda Lopez, City Clerk, CMC
9 1

CORRECTED

MINUTES OF THE

REGULAR MEETING & SPECIAL CONCURRENT MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

THE ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
May 22, 2024
A. CALL TO ORDER – CLOSED SESSION
The Adelanto City Council held the Regular & Special Concurrent Meeting on Wednesday May 22, 2024, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the regular session meeting at 7:01 p.m.

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

Invocation: Council Member Meza
Flag Salute: Council Member Uptergrove
B. APPROVAL OF AGENDA
City Clerk Lopez stated presentations #1 and #3 are removed from the agenda.

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

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

C. CITY MANAGERS ANNOUNCEMENTS AND REPORT
City Manager Flores wished Mayor Pro Tem Ramos a happy birthday. He spoke about the update on the new park on Chamberlain. He thanked Richard for all his work within the city. He stated the next road improvement is going to be Bellflower Road. He asked the residents to complete the voting for the Movies in the Park.

D. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
10 City Council Minutes
Regular Meeting
May 22, 2024
2 Council Member Meza spoke about the girls’ flag football event. He spoke about a free football camp at Adelanto High School this saturday. He spoke about the Major Vibes event.

Council Member Uptergrove spoke about touring the library. She spoke about the Summer Reading Program and all the additional events that are happening. She spoke about Movies in the Park and asked residents to vote.

Council Member Jeannette spoke about the various meetings she attended.

Mayor Pro Tem Ramos spoke about the vaccine clinic. He gave a shout out to Deputy Mora. He thanked Virginia and Brenda for all their hard work. He spoke about his meeting with CalTrans and other various meetings he attended.

Mayor Reyes shared he had lunch with United Adelanto. He touched on the access agreement with CalTrans. He thanked the council for their support. He shared to save the date of June 13th for the State of the City Event. He congratulated Council Member Uptergrove for becoming a new board member at Community Action Partnership.

E. PRESENTATIONS

1. Presentation from City of Adelanto to Lt. Ryan Smith for his years of service.

2. Presentation Options for Youth.

3. Presentation by Rolling Start
City Clerk Lopez stated presentations #1 and #3 are removed from the agenda. A powerpoint presentation was provided for Options for Youth.

F. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 8:29 p.m.

Mr. Danny: Thanked the council members for supporting his clean up efforts.

Heather Gaines: She asked if there is a policy regarding residents using the city services to create complaints against other residents that are false.

Mayor Reyes closed public comment at 8:32 p.m.
11 City Council Minutes
Regular Meeting
May 22, 2024
3 G. CONSENT CALENDAR

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

2. Approval of 2nd Reading of Ordinance 651 entitled:

ORDINANCE NO. 651

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, AMENDING SECTION 3.10.270(E) OF THE ADELANTO

MUNICIPAL CODE PERTAINING TO CITY MANAGER CONTRACT AUTHORITY

3. Approve Amendment No. 28 to the agreement with the County of San Bernardino for the Sheriff’s Department to provide City law enforcement services for Fiscal Year 2024-2025 in the amount of $7,744,479 and authorize the City Manager to execute the amendment.

4. Approval of Resolution No. 24-41 authorizing filing of project application for Bellflower Park and delegates the authority to the City Manager, or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the project scope.

RESOLUTION NO. 24-41

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,

STATE OF CALIFORNIA, APPROVING APPLICATION(S) FOR SPECIFIED GRANT FUNDS FROM THE BUDGET ACT OF 2023,

19.561(B)(13) $500,000 TO THE CITY OF ADELANTO, FOR BELLFLOWER PARK.

5. Approval of Warrant Demand Schedule 23/24-11-02:
a. City of Adelanto Check Warrant No.150310 through 150494 in the total amount of $ 4,797,885.12
b. City of Adelanto EFT No. 2027 through 2179 in the total amount of $2,830,184.59

6. Approval of organizations eligible for Fireworks Stands.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).
12 City Council Minutes
Regular Meeting
May 22, 2024
4 H. ADELANTO PUBLIC UTILITY CONSENT CALENDAR

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

2. Approval of Water Department Report.

3. Approval of Sewer Department Report.

4. Approval of the request for Services to KEC Engineers, Inc. to update the City of Adelanto’s ArcGIS database.

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

I. NEW BUSINESS

1. CONSIDERATION OF RESOLUTION 24-40 APPROVING AN AGREEMENT WITH

ROGERS, ANDERSON, MALODY & SCOTT, LLP FOR CONTRACT FINANCE

SERVICES AND ADOPTING FINDINGS TO DISPENSE WITH THE COMPETITIVE BIDDING PROCESS. (JESSIE)
RECOMMENDATION: Staff recommends that the City Council adopt Resolution 24-40 making findings that, given the nature of the services, competitive bidding will not result in the lowest price to the City, and therefore dispensing with the competitive bidding process, and awarding a contract to Rogers, Anderson, Malody & Scott, LLP to provide various finance services in an amount not to exceed $160,000, and authorizing the City Manager to execute the Professional Services Agreement.
13 City Council Minutes
Regular Meeting
May 22, 2024
5 RESOLUTION 24-40

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN
AGREEMENT WITH ROGERS, ANDERSON, MALODY & SCOTT, LLP.

FOR FINANCE SERVICES AND ADOPTING FINDINGS TO DISPENSE

WITH THE COMPETITIVE BIDDING PROCESS
City Manager Flores presented the staff report.

Mayor Pro Tem Ramos opened public comment at 8:21 p.m.

Mayor Pro Tem Ramos closed public comment at 8:21 p.m.

Further discussion ensued.

MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Meza to adopt Resolution 24-40 making findings that, given the nature of the services, competitive bidding will not result in the lowest price to the City, and therefore dispensing with the competitive bidding process, and awarding a contract to Rogers, Anderson, Malody & Scott, LLP to provide various finance services in an amount not to exceed $160,000, and authorizing the City Manager to execute the Professional Services Agreement.

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

2. CONSIDERATION OF RESOLUTION 24-42 APPROVING AN AGREEMENT WITH KOSMONT TRANSACTIONS SERVICES, INC. DOING BUSINESS AS KOSMONT

FINANCIAL SERVICES FOR CONTRACT FINANCE SERVICES AND ADOPTING FINDINGS TO DISPENSE WITH THE COMPETITIVE BIDDING PROCESS. (JESSIE) RECOMMENDATION: It is recommended that the City Council adopt Resolution 24-42 making findings that, given the nature of the services, competitive bidding will not result in the lowest price to the City, and therefore dispensing with the competitive bidding process, and awarding a contract to Kosmont Financial Services to provide various finance services in an amount not to exceed $60,000, and authorizing the City Manager to execute the Professional Services Agreement.
14 City Council Minutes
Regular Meeting
May 22, 2024
6 RESOLUTION NO. 24-42

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN

AGREEMENT WITH KOSMONT TRANSACTION SERVICES, INC DOING

BUSINESS AS KOSMONT FINANCIAL SERVICES FOR FINANCE

SERVICES AND ADOPTING FINDINGS TO DISPENSE WITH THE

COMPETITIVE BIDDING PROCESS
City Manager Flores presented the staff report.

Mayor Reyes opened public comment at 8:33 p.m.

Mayor Reyes closed public comment at 8:33 p.m.

MOTION: Moved by Council Member Jeannette, seconded by Council Member Meza to adopt Resolution 24-42 making findings that, given the nature of the services, competitive bidding will not result in the lowest price to the City, and therefore dispensing with the competitive bidding process, and awarding a contract to Kosmont Financial Services to provide various finance services in an amount not to exceed $60,000, and authorizing the City Manager to execute the Professional Services Agreement.

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

3. APPROVAL OF A LEASE AGREEMENT BETWEEN THE CITY OF ADELANTO AND HIGH DESERT SECOND CHANCE. (JESSIE)
RECOMMENDATION: It is recommended that the City Council approve the Lease Agreement, between the City of Adelanto and High Desert Second Chance, for $1 a year.

City Council Member Flores presented the staff report.

Mayor Reyes opened public comment at 8:42 p.m.

Christina: Representing High Desert Second Chance thanked the staff and council for the opportunity.

Mayor Reyes opened public comment at 8:44 p.m.

MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Jeannette to approve the Lease Agreement, between the City of Adelanto and High Desert Second Chance, for $1 a year. 15 City Council Minutes
Regular Meeting
May 22, 2024
7 Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).

4. DISCUSSION ITEM UTILITY BOX PROGRAM. (JESSIE)
RECOMMENDATION: The City Council will discuss and provide direction and feedback.

City Manager Flores presented the staff report.

Discussion ensued regarding the item.

Council agreed the deadline to submit the artwork proposals would be June 26, 2024.

Mayor Reyes opened public comment at 8:54 p.m.

Mayor Reyes closed public comment at 8:55 p.m.

Further discussion ensued.

Council gave direction to staff to have a deadline of June 26, 2024 and have a list of the utility box locations, and have the first one be a design with the city logo.

5. DISCUSSION ITEM MILITARY BANNER PROGRAM (JESSIE)
RECOMMENDATION: The City Council will discuss and provide direction and feedback.

City Manager Flores presented the staff report.

Mayor Reyes opened public comment at 9:13 p.m.

Mayor Reyes closed public comment at 9:13 p.m.

Council gave direction to staff to complete the process as quickly as possible to have them ready and hung before July 4th.

J. ITEMS REMOVED FROM THE CONSENT CALENDAR
None.
16 City Council Minutes
Regular Meeting
May 22, 2024
8 K. FUTURE AGENDA ITEMS
Council Member Meza asked for an update from LANWAN.

Council Member Uptergrove asked for statistics on crime and safety within the city.

Council Member Jeannette asked for a report from the Sheriff’s Department. She also asked for a report from the VVTA.

L. PUBLIC COMMUNICATIONS
None.

M. ADJOURNMENT
The next Regular Meeting of the City Council will be held on June 12, 2024 at 7:00 p.m.

MOTION: Moved by Council Member Meza, seconded by Council Mayor Pro Tem Ramos to adjourn the meeting at 9:20 p.m.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).
_________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
17 1

MINUTES OF THE

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

THE ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
July 24, 2024
A. CALL TO ORDER – CLOSED SESSION
The Adelanto City Council held the Regular Closed Session Meeting on Wednesday July 24, 2024, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the regular session meeting at 6:00 p.m.

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

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

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

B. DELETIONS / ADDITIONS TO AGENDA
None.

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

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

D. ANNOUNCEMENT OF CLOSED SESSION ITEMS

1. CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9, SUBDIVISION (d)(4) (one potential matter)

2. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957 – 18 City Council Minutes
Regular Meeting
July 24, 2024
2 ANNUAL PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO

TERMS OF AGREEMENT
Title: City Manager
City Attorney Todd announced closed session items.

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

Mayor Reyes closed public comment at 6:01 p.m.

F. CONVENE INTO CLOSED SESSION
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to convene into closed session at 6:02 p.m..

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

G. CALL TO ORDER - REGULAR MEETING
Mayor Reyes reconvened the regular meeting at 7:06 p.m.

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

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

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

Invocation: Council Member Uptergrove
Flag Salute: Council Member Meza
H. CLOSED SESSION REPORT
City Attorney Todd stated direction was given and the council unanimously approved the initiation of litigation.
19 City Council Minutes
Regular Meeting
July 24, 2024
3 I. CITY MANAGERS ANNOUNCEMENTS AND REPORT
City Manager Flores spoke about public works installing bus shelters throughout the city. The new park on Chamberlaine / Jonathan is ahead of schedule. The city is looking to secure funds for a second new park on Bellflower. RFP has been put out for the remodeling of the Council Chambers.

J. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Meza thanked the Sheriff and Fire Departments for their work on the 4th of July.

Backpacks were given out to the community by Danny. American Legion Post 229 will be giving out food every Friday.

Council Member Uptergrove spoke about the backpack event. She spoke about an event on 7/26 at the stadium.

Council Member Jeannette spoke about considering having the fireworks at the stadium where it can be controlled. She thanked the VVTA for the bus shelters.

Mayor Pro Tem Ramos gave a big shout out to SCBTA & Director Wolfe for the self-powered zero emission train. He gave a shout out to Public Works for their hard work. If seniors need bed pads, diapers, or other items please reach out to the Council. He asked that the digital signs have signs to remind the community that school is starting back up. He spoke about meeting with the scholarship awardees on the process for the monies.

Mayor Reyes spoke about attending the Desert Mountain Division meeting in Mammoth. He spoke about the Quarterly Mayors Meeting and also the HDC meeting.

K. PRESENTATIONS

1. Presentation by Carlos Sarmiento regarding DVL Donation.

Carlos Sarmiento presented the presentation on behalf of DVL Donation requesting sponsorship amount of $10,000.00
L. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 7:47 p.m.

Mayor Reyes closed public comment at 7:47 p.m.

M. CONSENT CALENDAR
20 City Council Minutes
Regular Meeting
July 24, 2024
4 MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to approve the consent calendar as presented.

2. Approval of meeting minutes - January 10, 2024 Regular & Special Concurrent Meeting February 14, 2024 – Regular Meeting
February 28, 2024 – Regular Meeting
March 13, 2024 – Regular & Special Concurrent
March 27, 2024 – Regular Meeting, 2024
April 10, 2024 – Regular Meeting
April 24, 2024 – Regular & Special Concurrent
May 8, 2024 – Regular Meeting
May 22, 2024 – Regular Meeting

3. Receive and file Business License Department.

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

5. Approval of 2nd Reading of Ordinance 652:

ORDINANCE NO. 652

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, STATE OF

CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING

CODE TO ESTABLISH THE AFFORDABLE HOUSING OVERLAY
(AHO) ZONE, IMPLEMENT MINISTERIAL REVIEW OF

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

ADELANTO TO IMPLEMENT THE ADELANTO GENERAL PLAN
2021-2029 HOUSING ELEMENT

6. Approval of Resolution No. 24-62 updating the City's Job Classification and Salary Schedule for non-contract employees effective July 1, 2024.

7. Approval of Resolution No. 24-63 updating the City’s Fee Schedule to implement the new application fee for food vendors.
21 City Council Minutes
Regular Meeting
July 24, 2024
5 RESOLUTION NO. 24-63

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE STUDY ON FOOD VENDOR APPLICATION FEE.

8. Approval of Warrant Demand Schedule 24/25-01-02:
a. City of Adelanto Check Warrant No. 150587 through 150638 in the total amount of $ 2,018,735.55.
b. City of Adelanto EFT No. 2246 through 2365 in the total amount of $3,605,351.02 Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

N. ADELANTO PUBLIC UTILITY CONSENT CALENDAR

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

2. Approval of Water Department Report.

3. Approval of Sewer Department report.

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

O. PUBLIC HEARING

1. OPEN PUBLIC HEARING AND ADOPT RESOLUTION NO. 24-02 PROVIDING FOR THE

COLLECTION OF WATER AND SEWER STANDBY FEES BY THE COUNTY TAX

COLLECTOR AT THE SAME TIME AS AND TOGETHER WITH THE GENERAL TAXES OF THE CITY. (TODD)
RECOMMENDATION: Open a Public Hearing and adopt Resolution No. 24-02 approving the report and placing Water and Sewer Standby Fees on the tax roll for collection by the County for Fiscal Year 2024-2025.
22 City Council Minutes
Regular Meeting
July 24, 2024
6 APUA RESOLUTION NO. 24-02

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, CALIFORNIA, PROVIDING FOR THE COLLECTION OF

WATER AND SEWER STANDBY FEES BY THE COUNTY TAX

COLLECTOR AT THE SAME TIME AS AND TOGETHER WITH THE
GENERAL TAXES OF THE CITY.

City Attorney Litfin presented the staff report.

Mayor Reyes opened public comment at 7:50 p.m.

Mayor Reyes closed public comment at 7:51 p.m.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to adopt Resolution No. 24-02 approving the report and placing Water and Sewer Standby Fees on the tax roll for collection by the County for Fiscal Year 2024-2025.

Motion carried 4-1 (Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes Council Member Jeannette, voting No).

P. PUBLIC HEARING

1. OPEN A PUBLIC HEARING AND APPROVE RESOLUTIONS 24-65 AND 24-66 RELATED

TO THE LEVY AND COLLECTIONS OF ASSESSMENTS FOR THE ADELANTO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1 FOR THE FISCAL YEAR 2024-2025 (FY 2024/2025). (TODD)
RECOMMENDATION: OPEN A PUBLIC HEARING AND APPROVE RESOLUTIONS 24- 65 AND 24-66 RELATED TO THE LEVY AND COLLECTIONS OF ASSESSMENTS FOR THE ADELANTO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1 FOR THE FISCAL YEAR 2024-2025 (FY 2024/2025).

RESOLUTION NO. 24-65

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ADELANTO, CALIFORNIA, APPROVING THE ENGINEER’S REPORT

FOR THE ADELANTO LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT NO. 01, FOR FISCAL YEAR 2024-2025.

AND
RESOLUTION NO. 24-66
23 City Council Minutes
Regular Meeting
July 24, 2024
7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, CALIFORNIA, ORDERING THE LEVY AND

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

City Attorney Litfin presented the staff report.

Mayor Reyes opened public comment at 7:57 p.m.

Mayor Reyes closed public comment at 7:57 p.m.

MOTION: Moved by Mayor Pro Tem Reyes, seconded by Mayor Pro Tem Ramos to approve resolutions 24-65 and 24-66 related to the levy and collections of assessments for the adelanto landscape maintenance assessment district no. 1 for the fiscal year 2024-2025 (fy 2024/2025).

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

2. OPEN A PUBLIC HEARING AND APPROVE RESOLUTION NO’S. 24-67 AND 24-68 RELATED

TO THE LEVY AND COLLECTIONS OF ASSESSMENTS FOR THE ADELANTO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1 FOR THE FISCAL YEAR 2024-2025 (FY 2024/2025). (TODD)
RECOMMENDATION: Open a Public Hearing and approve Resolutions 24-67 and 24-68 as presented related to the levy and collections of assessments for the Adelanto Streetlight Maintenance Assessment District No. 1 for the Fiscal Year 2024-2025 (FY 2024/2025). (TODD) RESOLUTION NO. 24-67

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, CALIFORNIA, APPROVING THE ENGINEER’S REPORT FOR THE ADELANTO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 01, FOR FISCAL YEAR 2024-2025.

AND
RESOLUTION NO. 24-68

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF

ASSESSMENTS RELATED TO THE ADELANTO STREETLIGHT
MAINTENANCE ASSESSMENT DISTRICT NO. 01, FOR FISCAL YEAR 2024- 2025.
24 City Council Minutes
Regular Meeting
July 24, 2024
8 City Attorney Litfin presented the staff report.

Mayor Reyes opened public comment at 7:57 p.m.

Mayor Reyes public comment at 7:57 p.m.

MOTION: Moved by Council Member Jeannette, seconded by Mayor Pro Tem Ramos to approve Resolutions 24-67 and 24-68 as presented related to the levy and collections of assessments for the Adelanto Streetlight Maintenance Assessment District No. 1 for the Fiscal Year 2024-2025 (FY 2024/2025).

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

Q. NEW BUSINESS

1. APPROVAL OF RESOLUTION NO. 24-63 ORDERING THE LEVY AND COLLECTION OF ANNUAL CFD 2006-2 SPECIAL TAXES FOR FISCAL YEAR 2024-2025 (TODD) RECOMMENDATION: Approve Resolution No. 24-63 ordering the levy and collection of annual CFD 2006-2 special taxes for Fiscal Year 2024-2025 (FY24/25).

City Attorney Litfin presented the staff report.

Mayor Reyes opened public comment at 8:02 p.m.

Mayor Reyes closed public comment at 8:02 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to Approve Resolution No. 24-63 ordering the levy and collection of annual CFD 2006-2 special taxes for Fiscal Year 2024-2025 (FY24/25).

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

2. BUSINESS LICENSE TAX ORDINANCE AMENDMENT AND PLACEMENT OF BALLOT MEASURE ON THE NOVEMBER 5, 2024, GENERAL ELECTION (TODD/ JULIO) RECOMMENDATION: Staff recommends that the City Council: 1) conduct the first reading approving Ordinance 653 amending the City’s Business License Tax; and 2) approve the attached Resolution 24-69 calling for a municipal election on November 5, 2024, on a measure to update the City’s 1988 business license tax program to a gross revenue business tax. (FY24/25). 25 City Council Minutes
Regular Meeting
July 24, 2024
9 RESOLUTION NO. 24-69

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ADELANTO, STATE OF CALIFORNIA, (1) GIVING NOTICE OF

THE SUBMISSION TO ADELANTO VOTERS OF A BALLOT
QUESTION TO AMEND THE BUSINESS LICENSE TAX; (2)

REQUESTING THAT THE BALLOT QUESTION AND MEASURE

BE INCLUDED AMONG THE ELECTION CONTESTS ON THE
NOVEMBER 5, 2024, BALLOT THAT IS CONSOLIDATED WITH
THE COUNTY ADMINISTERED ELECTION ON THE SAME DATE;
AND (3) SETTING PRIORITIES FOR FILING WRITTEN

ARGUMENTS AND REBUTTALS REGARDING THE MEASURE

AND DIRECTING THE CITY ATTORNEY TO PREPARE AND

IMPARTIAL ANALYSIS
ORDINANCE NO. 632

AN ORDINANCE OF THE PEOPLE OF THE CITY OF ADELANTO
AS APPROVED BY THE CITY’S QUALIFIED ELECTORS AT THE
ELECTION HELD ON NOVEMBER 5, 2024, TO AMEND THE CITY’S

BUSINESS LICENSE TAX
Financial Consultant Julio Morales presented the staff report.

Mayor Reyes opened public comment at 8:29 p.m.

Stevonna Evans: Shared that she thinks this is amazing and supports it.

Dr. Keinan: Shared that they promote a lot of economic development within the city. He wanted to thank the council for their presentation on the item. He stated this is so important for businesses owned by the residents within the city.

Mayor Reyes closed public comment at 8:34 p.m.

Further discussion ensued.

MOTION: Moved by Council Member Meza, seconded by Council Member Uptergrove to approve the attached Resolution 24-69 calling for a municipal election on November 5, 2024, on a measure to update the City’s 1988 business license tax program to a gross revenue business tax. (FY24/25).

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

Mayor Reyes broke for recess at 9:00 p.m.
26 City Council Minutes
Regular Meeting
July 24, 2024
10 R. ITEMS REMOVED FROM THE CONSENT CALENDAR
None.

S. FUTURE AGENDA ITEMS
Council Member Meza asked that the city clean up weeds on the sidewalk around Victoria Magathan and the other schools.

MOTION: Moved by Council Member Meza, seconded by Council Member Uptergrove to have the city clean up the weeds around the school.

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

Mayor Reyes asked if the Fire Chief could provide an update on the fireworks.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to have an official update from the Fire Chief regarding the fires and fireworks.

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

Mayor Reyes would like a discussion item on the standards of fireworks.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to look into what the standard will be for 4th of July.

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

He would also like a discussion / action item for the food truck parks and to check with Victorville to see what their process is.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to look into the food truck parks.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
27 City Council Minutes
Regular Meeting
July 24, 2024
11 T. PUBLIC COMMUNICATIONS
None.

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

MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to adjourn the meeting at 9:33 p.m.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
_________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
28 CITY COUNCIL AGENDA REPORT
DATE: October 9, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Brenda Lopez, City Clerk
SUBJECT: MONTHLY COMMERCIAL & RESIDENTIAL SOLID WASTE AND

RECYCLING REPORT
STAFF RECOMMENDATION:

Receive and file.

ATTACHMENTS:

1. Burrtec’s Monthly Commercial and residential Solid Waste and Recycling Report 29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 48

CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: October 9, 2024
TO: Honorable Mayor and City Council Member
FROM: Jessie Flores, City Manager
BY: Jessie Flores, City Manager
SUBJECT: APPROVE AMENDMENT THREE TO THE AS NEEDED BUILDING AND SAFETY

SERVICES CONTRACT TO INFRASTRUCTURE ENGINEERS IN THE ADDITIONAL NOT TO EXCEED AMOUNT OF $825,000
STAFF RECOMMENDATION:

Staff recommends City Council approve an additional amendment to the As-Needed Building and Safety Services contract with Infrastructure Engineers (IE) in the additional not to exceed amount of $825,000.

BACKGROUND:

In 2022 the City of Adelanto advertised for Professional Services related to Building and Safety services.

On July 13th, 2022, the City of Adelanto contracted with Infrastructure Engineers(“IE”) for Building and Safety services to administer the City of Adelanto’s (“the City”) building and construction inspection needs. The City executed a one year extension on August 23, 2023. To continue maintaining building standards and ensuring that structures are built according to The City’s prescribe building standards is an essential function of governance.

The City continues to experience growth in various areas of building including, housing, commercial, solar farms, and distribution areas. Building and Safety staff are also responsible for the continued implementation of the online permitting system the City is now using and moving forward to a payment processing through the system.

FISCAL IMPACT:

The FY 24-25 approved budget includes a $825,000 line item for contracting services (502-13). This contract extension is not expected to have a fiscal impact on the 24-25 budget.

ATTACHMENTS:

A. Amendment 3
49 CITY OF ADELANTO
AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT – AS NEEDED, ON-CALL BUILDING

AND SAFETY SUPPORT SERVICES
This is Amendment No. 3 (“Amendment No. 3”) to that certain Professional Service Agreement – As Needed , On Call Building and Safety Support Services (“Agreement”) made on July 13, 2022, and amended via Amendment No. 1 on August 23, 2023, between the City of Adelanto (“City”) and Infrastructure Engineers (“Consultant”). This Amendment is made and entered into on October 9, 2024, to extend the term of the Agreement until the end of the fiscal year, June 30, 2025.

1. Capitalized terms used but not defined in this Amendment No. 3 shall have the meanings ascribed to them in the Agreement.

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

1.1 Term of Services. The term of this Agreement shall end on June 30, 2025, unless the term of the Agreement is otherwise terminated or extended as provided for in Section V.5.1. 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 V.

3. SECTION 1.4, “Compensation” is amended to include the following to read as follows:

SECTION 1.4. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed EIGHT HUNDRED TWINTYFIVE THOUSAND DOLLARS ($825,000.00) (the “Annual Not-to-Exceed Sum”) 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 for the time period from July 1, 2024, to June 30, 2025. Consultant shall be paid at the same hourly rates currently being paid by the City. This Annual Not-to-Exceed Sum is merely a maximum budgeted sum authorized by the City, and the actual amount of compensation will be based upon the amount of hours worked at the current hourly rates (along with any reimbursable costs). 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.

4. All other terms and conditions of the Agreement remain in full force and effect. 50 AMENDMENT NO. 1

5. This Amendment No. 3. may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF ADELANTO
____________________________
Jessie Flores, City Manager
Attest:
____________________________
Brenda Lopez, City Clerk
Approved as to Form:
____________________________
Todd Litfin, City Attorney

CONSULTANT
______________________________
Infrastructure Engineers
Sid Mousavi, Chief Executive Officer
51 CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: October 9, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Saba Engineer, Grant Administrator
SUBJECT: AMENDMENT TO PROJECT FUNDING AGREEMENTS WITH SAN BERNARDINO

COUNTY TRANSPORTATION AUTHORITY (SBCTA) FOR BARTLETT AVENUE,

BELLFLOWER STREET, AND EL MIRAGE ROAD
STAFF RECOMMENDATION:

Approve Amendments to Project Funding Agreement nos. 23-1002975, 23-1002977, and 23-1002978 with San Bernardino County Transportation Authority (SBCTA) for Bellflower Street, Bartlett Avenue and El Mirage Road respectively.

BACKGROUND:

City Council approved the Project Funding Agreement nos. 23-1002975, 23-1002977, and 23-1002978 with San Bernardino County Transportation Authority (SBCTA) for Bellflower Street, Bartlett Avenue and El Mirage Road respectively. To fund the projects through Measure I 2010-2040 Valley Major Street Program. Existing agreements need to be amended to revise agreement expiration date and also revising project estimates to the latest cost estimates.

Staff recommends City Council approve Amendments to Project Funding Agreement nos. 23-1002975, 23-1002977, and 23-1002978 with San Bernardino County Transportation Authority (SBCTA) for Bellflower Street, Bartlett Avenue and El Mirage Road respectively.

FISCAL IMPACT:

There will be no impact on the General Fund. These projects are funded through Development Impact Fee and will be 36.5% reimbursable by SBCTA.

ATTACHMENTS:

A. Amendment to Agreement No. 23-1002975-Bellflower Street B. Amendment to Agreement No. 23-1002977-Bartlett Avenue C. Amendment to Agreement No. 23-1002978-El Mirage Road D. Project Location Map
52 23-1002975-01 Page 1 of 5
AMENDMENT NO. 1 TO PROJECT FUNDING AGREEMENT NO. 23-1002975 FOR

BELLFLOWER STREET WIDENING, AIR EXPRESSWAY TO CHAMBERLAINE

WAY PROJECT
(CITY OF ADELANTO)
THIS Amendment No. 1 to Project Funding Agreement (“AGREEMENT”) is made and entered into by and between the San Bernardino County Transportation Authority (“SBCTA”) and the City of Adelanto (“CITY”). SBCTA and CITY are each a “Party” or collectively “Parties.”

RECITALS
A. The Measure I 2010-2040 Expenditure Plan and the Victor Valley Subarea transportation planning partners have identified projects eligible for partial funding from Measure I 2010- 2040 Victor Valley Subarea Major Local Highway Program (“MLHP”) funds; and B. The Bellflower Street Widening, Air Expressway to Chamberlaine Way Project (“PROJECT”) is one of the projects identified as eligible for such funding and is described more fully in Attachment A; and
C. The Parties entered into Project Funding Agreement 23-1002975 on or about July 17, 2023, to allocate $292,000 in Measure I MLHP funds for the Public Share of costs for the Project Approval and Environmental Documentation (PA&ED) and Plans, Specifications, and Estimate (PS&E) Phases of the PROJECT; and
D. CITY has requested to include the Construction Phase as part of PROJECT WORK; and E. CITY has identified a need of an additional $2,720,966 to fully fund the Construction Phase; and
F. CITY has requested updates to Attachment A: Description of Project and Milestones and Attachment B: Summary of Estimated Costs; and
G. CITY has requested an extension of the Agreement termination date to December 31, 2025.

NOW, THEREFORE, the Parties agree to the following:

1. Paragraph 1 of Section I is deleted in its entirety and replaced with the following:
“1. To reimburse CITY for the actual cost of the PROJECT WORK up to a maximum of $3,012,966 in MLHP funds. An estimate of costs for the PROJECT WORK is provided in 53 23-1002975-01 Page 2 of 5
Attachment B. SBCTA shall have no further responsibilities to provide any funding for PROJECT WORK exceeding this amount without an amendment to this AGREEMENT.”

2. Paragraph 2 of Section II is deleted in its entirety and replaced with the following:
“2. To be responsible for expending that portion of allocated MLHP funds on eligible PROJECT WORK expenses in an amount not to exceed $3,012,966 in MLHP Funds unless AGREEMENT is amended and approved increasing PROJECT WORK costs.

Reimbursement by SBCTA shall be in accordance with Section I, Paragraph 2.

Additionally, expenses relative to time spent on the PROJECT WORK by CITY staff are considered eligible PROJECT expenses and may be charged to the PROJECT, subject to SBCTA’s guidelines.”

3. Paragraph 8 of Section III is deleted in its entirety and replaced with the following:
“8. This AGREEMENT will be considered terminated upon reimbursement of all eligible costs by SBCTA or December 31, 2025, whichever is sooner, provided that the provisions of Paragraphs 5, 6, 7, 8, and 9 of Section II, and Paragraphs 5, 6 and 7 of Section III, shall survive the termination of this AGREEMENT. The AGREEMENT may also be terminated by SBCTA, in its sole discretion, in the event the PROJECT WORK described in Attachment A has not been initiated by CITY within twelve (12) months of the Effective Date of this AGREEMENT.”

4. Attachment A to the Agreement is replaced with the Revised Description of Project and Milestones attached as Attachment A to this Amendment No. 1 and incorporated herein.

5. Attachment B to the Agreement is replaced with the Revised Summary of Estimated Costs attached as Attachment B to this Amendment No. 1 and incorporated herein.

6. Except as amended by this Amendment No. 1, all other terms and conditions of the Agreement shall remain in full force and effect and are incorporated herein by this reference.

7. The Recitals set forth above are incorporated herein by this reference.

8. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original, and may be signed and transmitted with electronic signatures which shall be binding on the Party.

9. This Amendment No. 1 shall be effective on the date executed by SBCTA. ---SIGNATURES ON FOLLOWING PAGE---
54 23-1002975-01 Page 3 of 5
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 by their authorized signatories below.

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY
By: _________________________
Ray Marquez, President
Board of Directors
Date: _________________________

APPROVED AS TO FORM
By: _________________________
Julianna K. Tillquist
SBCTA General Counsel
Date: _________________________

CITY OF ADELANTO
By: _________________________
Jessie Flores
City Manager
Date: _________________________

APPROVED AS TO FORM
By: _________________________
Todd Litfin
City Attorney
Date: _________________________
ATTEST:

By: _________________________
Brenda Lopez
Clerk of the Board
Date: _________________________
55 23-1002975-01 Page 4 of 5

ATTACHMENT A

BELLFLOWER STREET WIDENING, AIR EXPRESSWAY TO CHAMBERLAINE

WAY PROJECT
Revised Description of Project and Milestones
Project Title
Bellflower Street Widening, Air Expressway to Chamberlaine Way Project Location, Project Limits, Description, Scope of Work, Legislative Description Bellflower Street Widening Project will widen Bellflower Street to add 2 travel lanes to existing increasing from 2 to 4 lanes from Air Expressway to Chamberlaine Way.

Project Milestone Proposed
Project Study Report Approved 7/31/2024
Begin Environmental (PA&ED) Phase 8/1/2024
Circulate Draft Environmental Document 8/1/2024
Draft Project Report 9/1/2024
End Environmental Phase (PA&ED Milestone) 9/30/2024
Begin Design (PS&E) Phase 10/1/2024
End Design Phase (Ready to List for Advertisement Milestone) 11/1/2024 Begin Right of Way Phase 11/30/2024
End Right of Way Phase (Right of Way Certification Milestone) 12/1/2024 Begin Construction Phase (Contract Award Milestone) 3/30/2025 End Construction Phase (Construction Contract Acceptance Milestone) 6/30/2025 Begin Closeout Phase 7/1/2025
End Closeout Phase (Closeout Report) 10/30/2025
56 23-1002975-01 Page 5 of 5

ATTACHMENT B

BELLFLOWER STREET WIDENING, AIR EXPRESSWAY TO CHAMBERLAINE

WAY PROJECT
Revised Summary of Estimated Costs
Phase Total Cost SBCTA Funds (1)
(36.5%)
CITY Funds
(63.5%)
Project Approval and
Environmental
Documentation $200,000.00 $73,000.00 $127,000.00
Plans, Specifications,
and Estimate $600,000.00 $219,000.00 $381,000.00
Construction $7,454,700.00 $2,720,966.00 $4,733,734.00
TOTAL $8,254,700.00 $3,012,966.00 $5,241,734.00
Additional Notes:

BARTLETT AVENUE WIDENING, ADELANTO ROAD TO ASTER ROAD PROJECT (CITY OF ADELANTO)
THIS Amendment No. 1 to Project Funding Agreement (“AGREEMENT”) is made and entered into by and between the San Bernardino County Transportation Authority (“SBCTA”) and the City of Adelanto (“CITY”). SBCTA and CITY are each a “Party” or collectively “Parties.”

RECITALS
A. The Measure I 2010-2040 Expenditure Plan and the Victor Valley Subarea transportation planning partners have identified projects eligible for partial funding from Measure I 2010- 2040 Victor Valley Subarea Major Local Highway Program (“MLHP”) funds; and B. The Bartlett Avenue Widening, Adelanto Road to Aster Road Project (“PROJECT”) is one of the projects identified as eligible for such funding and is described more fully in Attachment A; and
C. The Parties entered into Project Funding Agreement 23-1002977 on or about July 13, 2023, to allocate $1,861,500 in Measure I MLHP funds for the Public Share of costs for the PROJECT through Construction; and
D. CITY has identified a need of an additional $146,000 to fully fund the Construction Phase; and
E. CITY has requested updates to Attachment A: Description of Project and Milestones and Attachment B: Summary of Estimated Costs; and
F. CITY has requested an extension of the Agreement termination date to June 30, 2025.

NOW, THEREFORE, the Parties agree to the following:

1. Paragraph 1 of Section I is deleted in its entirety and replaced with the following:
“1. To reimburse CITY for the actual cost of the PROJECT WORK up to a maximum of $2,007,500 in MLHP funds. An estimate of costs for the PROJECT WORK is provided in Attachment B. SBCTA shall have no further responsibilities to provide any funding for PROJECT WORK exceeding this amount without an amendment to this AGREEMENT.”

2. Paragraph 2 of Section II is deleted in its entirety and replaced with the following:
58 23-1002977-01 Page 2 of 5
“2. To be responsible for expending that portion of allocated MLHP funds on eligible PROJECT WORK expenses in an amount not to exceed $2,007,500 in MLHP Funds unless AGREEMENT is amended and approved increasing PROJECT WORK costs.

Reimbursement by SBCTA shall be in accordance with Section I, Paragraph 2.

Additionally, expenses relative to time spent on the PROJECT WORK by CITY staff are considered eligible PROJECT expenses and may be charged to the PROJECT, subject to SBCTA’s guidelines.”

3. Paragraph 8 of Section III is deleted in its entirety and replaced with the following:
“8. This AGREEMENT will be considered terminated upon reimbursement of all eligible costs by SBCTA or June 30, 2025, whichever is sooner, provided that the provisions of Paragraphs 5, 6, 7, 8, and 9 of Section II, and Paragraphs 5, 6 and 7 of Section III, shall survive the termination of this AGREEMENT. The AGREEMENT may also be terminated by SBCTA, in its sole discretion, in the event the PROJECT WORK described in Attachment A has not been initiated by CITY within twelve (12) months of the Effective Date of this AGREEMENT.”

4. Attachment A to the Agreement is replaced with the Revised Description of Project and Milestones attached as Attachment A to this Amendment No. 1 and incorporated herein.

5. Attachment B to the Agreement is replaced with the Revised Summary of Estimated Costs attached as Attachment B to this Amendment No. 1 and incorporated herein.

6. Except as amended by this Amendment No. 1, all other terms and conditions of the Agreement shall remain in full force and effect and are incorporated herein by this reference.

7. The Recitals set forth above are incorporated herein by this reference.

8. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original, and may be signed and transmitted with electronic signatures which shall be binding on the Party.

9. This Amendment No. 1 shall be effective on the date executed by SBCTA. ---SIGNATURES ON FOLLOWING PAGE---
59 23-1002977-01 Page 3 of 5
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 by their authorized signatories below.

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY
By: _________________________
Ray Marquez, President
Board of Directors
Date: _________________________

APPROVED AS TO FORM
By: _________________________
Julianna K. Tillquist
SBCTA General Counsel
Date: _________________________

CITY OF ADELANTO
By: _________________________
Jessie Flores
City Manager
Date: _________________________

APPROVED AS TO FORM
By: _________________________
Todd Litfin
City Attorney
Date: _________________________
ATTEST:

By: _________________________
Brenda Lopez
Clerk of the Board
Date: _________________________
60 23-1002977-01 Page 4 of 5

ATTACHMENT A

BARTLETT AVENUE WIDENING, ADELANTO ROAD TO ASTER ROAD PROJECT Revised Description of Project and Milestones
Project Title
Bartlett Avenue Widening, Adelanto Road to Aster Road Project Location, Project Limits, Description, Scope of Work, Legislative Description Bartlett Avenue Phase I project will widen Bartlett Avenue to add 2 travel lanes to existing increasing from 2 to 4 lanes from Adelanto Road to Aster Road.

Project Milestone Proposed
Project Study Report Approved 7/31/2023
Begin Environmental (PA&ED) Phase 8/01/2023
Circulate Draft Environmental Document 8/01/2023
Draft Project Report 8/30/2023
End Environmental Phase (PA&ED Milestone) 10/31/2023
Begin Design (PS&E) Phase 11/01/2023
End Design Phase (Ready to List for Advertisement Milestone) 7/1/2024 Begin Right of Way Phase 7/31/2024
End Right of Way Phase (Right of Way Certification Milestone) 8/1/2024 Begin Construction Phase (Contract Award Milestone) 8/30/2024 End Construction Phase (Construction Contract Acceptance Milestone) 11/30/2024 Begin Closeout Phase 12/1/2024
End Closeout Phase (Closeout Report) 3/31/2025
61 23-1002977-01 Page 5 of 5

ATTACHMENT B

BARTLETT AVENUE WIDENING, ADELANTO ROAD TO ASTER ROAD PROJECT Revised Summary of Estimated Costs
Phase Total Cost SBCTA Funds (1)
(36.5%)
CITY Funds
(63.5%)
Project Approval and
Environmental
Documentation - - -
Plans, Specifications,
and Estimate $500,000 $182,500 $317,500
Right-of-way - - -
Construction $5,000,000 $1,825,000 $3,175,000
TOTAL $5,500,000 $2,007,500 $3,492,500
Additional Notes:

1. SBCTA's Share can be from sources under control of SBCTA including but not limited to Measure I Major Local Highways Program (MLHP), State Transportation Improvement Program (STIP), Surface Transportation Program (STP), or other funds without necessitating an amendment of this agreement. Funding can be moved between phases without necessitating an amendment of this agreement.
62 23-1002978-01 Page 1 of 5
AMENDMENT NO. 1 TO PROJECT FUNDING AGREEMENT NO. 23-1002978 FOR
EL MIRAGE ROAD WIDENING, ROUTE 395 TO RICHARDSON ROAD PROJECT (CITY OF ADELANTO)
THIS Amendment No. 1 to Project Funding Agreement (“AGREEMENT”) is made and entered into by and between the San Bernardino County Transportation Authority (“SBCTA”) and the City of Adelanto (“CITY”). SBCTA and CITY are each a “Party” or collectively “Parties.”

RECITALS
A. The Measure I 2010-2040 Expenditure Plan and the Victor Valley Subarea transportation planning partners have identified projects eligible for partial funding from Measure I 2010- 2040 Victor Valley Subarea Major Local Highway Program (“MLHP”) funds; and B. The El Mirage Road Widening, Route 395 to Richardson Road Project (“PROJECT”) is one of the projects identified as eligible for such funding and is described more fully in Attachment A; and
C. The Parties entered into Project Funding Agreement 23-1002978 on or about July 13, 2023, to allocate $2,299,500 in Measure I MLHP funds for the Public Share of costs for the Project Approval and Environmental Documentation (PA&ED) and Plans, Specifications, and Estimate (PS&E), and Right-of-Way (ROW) Phases of the PROJECT; and D. CITY has requested to include the Construction Phase as part of PROJECT WORK; and E. CITY has identified a need of an additional $2,659,244 to fully fund the Construction Phase; and
F. CITY has requested updates to Attachment A: Description of Project and Milestones and Attachment B: Summary of Estimated Costs; and
G. CITY has requested an extension of the Agreement termination date to December 31, 2026.

NOW, THEREFORE, the Parties agree to the following:

1. Paragraph 1 of Section I is deleted in its entirety and replaced with the following:
“1. To reimburse CITY for the actual cost of the PROJECT WORK up to a maximum of $4,958,744 in MLHP funds. An estimate of costs for the PROJECT WORK is provided in 63 23-1002978-01 Page 2 of 5
Attachment B. SBCTA shall have no further responsibilities to provide any funding for PROJECT WORK exceeding this amount without an amendment to this AGREEMENT.”

2. Paragraph 2 of Section II is deleted in its entirety and replaced with the following:
“2. To be responsible for expending that portion of allocated MLHP funds on eligible PROJECT WORK expenses in an amount not to exceed $4,958,744 in MLHP Funds unless AGREEMENT is amended and approved increasing PROJECT WORK costs.

Reimbursement by SBCTA shall be in accordance with Section I, Paragraph 2.

Additionally, expenses relative to time spent on the PROJECT WORK by CITY staff are considered eligible PROJECT expenses and may be charged to the PROJECT, subject to SBCTA’s guidelines.”

3. Paragraph 8 of Section III is deleted in its entirety and replaced with the following:
“8. This AGREEMENT will be considered terminated upon reimbursement of all eligible costs by SBCTA or December 31, 2026, whichever is sooner, provided that the provisions of Paragraphs 5, 6, 7, 8, and 9 of Section II, and Paragraphs 5, 6 and 7 of Section III, shall survive the termination of this AGREEMENT. The AGREEMENT may also be terminated by SBCTA, in its sole discretion, in the event the PROJECT WORK described in Attachment A has not been initiated by CITY within twelve (12) months of the Effective Date of this AGREEMENT.”

4. Attachment A to the Agreement is replaced with the Revised Description of Project and Milestones attached as Attachment A to this Amendment No. 1 and incorporated herein.

5. Attachment B to the Agreement is replaced with the Revised Summary of Estimated Costs attached as Attachment B to this Amendment No. 1 and incorporated herein.

6. Except as amended by this Amendment No. 1, all other terms and conditions of the Agreement shall remain in full force and effect and are incorporated herein by this reference.

7. The Recitals set forth above are incorporated herein by this reference.

8. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original, and may be signed and transmitted with electronic signatures which shall be binding on the Party.

9. This Amendment No. 1 shall be effective on the date executed by SBCTA. ---SIGNATURES ON FOLLOWING PAGE---
64 23-1002978-01 Page 3 of 5
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 by their authorized signatories below.

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY
By: _________________________
Ray Marquez, President
Board of Directors
Date: _________________________

APPROVED AS TO FORM
By: _________________________
Julianna K. Tillquist
SBCTA General Counsel
Date: _________________________

CITY OF ADELANTO
By: _________________________
Jessie Flores
City Manager
Date: _________________________

APPROVED AS TO FORM
By: _________________________
Todd Litfin
City Counsel
Date: _________________________
ATTEST:

By: _________________________
Brenda Lopez
Clerk of the Board
Date: _________________________
65 23-1002978-01 Page 4 of 5

ATTACHMENT A
EL MIRAGE ROAD WIDENING, ROUTE 395 TO RICHARDSON ROAD PROJECT Revised Description of Project and Milestones
Project Title
El Mirage Road Widening, Route 395 to Richardson Road Project Location, Project Limits, Description, Scope of Work, Legislative Description El Mirage Road Widening Project will widen El Mirage Road from Route 395 to Richardson Road from 2 to 4 travel lanes.

Project Milestone Proposed
Project Study Report Approved 7/31/2024
Begin Environmental (PA&ED) Phase 10/1/2024
Circulate Draft Environmental Document 11/1/2024
Draft Project Report 12/31/2024
End Environmental Phase (PA&ED Milestone) 12/31/2024
Begin Design (PS&E) Phase 1/2/2025
End Design Phase (Ready to List for Advertisement Milestone) 9/1/2025 Begin Right of Way Phase 9/30/2025
End Right of Way Phase (Right of Way Certification Milestone) 10/31/2025 Begin Construction Phase (Contract Award Milestone) 12/1/2025 End Construction Phase (Construction Contract Acceptance Milestone) 6/30/2026 Begin Closeout Phase 7/1/2026
End Closeout Phase (Closeout Report) 10/30/2026
66 23-1002978-01 Page 5 of 5

ATTACHMENT B
EL MIRAGE ROAD WIDENING, ROUTE 395 TO RICHARDSON ROAD PROJECT Revised Summary of Estimated Costs
Phase Total Cost SBCTA Funds (1)
(36.5%)
CITY Funds
(63.5%)
Project Approval and
Environmental
Documentation $300,000 $109,500 $190,500
Plans, Specifications,
and Estimate $1,000,000 $365,000 $635,000
Right-of-way $0 $0 $0
Construction $12,285,600 $4,484,244 $7,801,356
TOTAL $13,585,600 $4,958,744 $8,626,856
Additional Notes:

PROJECT LOCATION MAP
El Mirage Road between Route 395 and Richardson Road
68 Bartlett Avenue between Adelanto Road and Aster Road Bartlett Avenue Phase between Aster Road and Richardson Road 69 Bellflower Street between Chamberlaine Way and Air Express Way

70 Bellflower Street between Air Expressway to Cactus Road

71 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: 10/09/2024
TO: Honorable Chairman, and Public Utility Authority Members FROM: Jessie Flores, Executive Director
BY: Richard Burgess, Engineering Services Manager
SUBJECT: PEARMAIN SEWER MAIN SAG REPAIR
STAFF RECOMMENDATION:

Staff recommends City Council to approve the award of the construction contract agreement with High Desert Underground Inc. in the amount of $122,420 to provide re-construction of a sagging sewer main on Pearmain St from Taylor St to Mojave Dr.

BACKGROUND:

Pearmain street, just south of Taylor intersection, there is a section of the sewer line that is experiencing higher than normal monthly maintenance. In June 2023, we were able to CCTV the sewer line. It shows of the 272 feet of sewer between manholes, around 75 feet is at 95% full capacity. About 187 feet is at 20 % full.

FISCAL IMPACT:

The funds will be paid for by the APUA, with no impact on the General Fund. The Pearmain Sewer Main Sag Repair price comes out to be $122,420.

ATTACHMENTS:

A. 3 Bids
B. Contract
C. Bid Proposal
72 PRICE
$ 5,630.00
$ -
$ 115,790.00
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
TOTAL
HIGH DESERT UNDERGROUND INC.

GENERAL ENGINEERING | PIPELINE CONSTRUCTION
13355 OSAGE COURT, APPLE VALLEY, CA 92308
OFFICE (760) 247-8999 | FAX (760) 247-2777
www.hdupipeline.com
$ -
*compaction to be performed with excavator and compaction wheel $ - 1 TOTAL
Mobilization $ 5,630.00
PROJECT NO.:

PROPOSAL
1 replace appx 270 LF of 8" SDR35 and reinstate lateral connections as $ 115,790.00 SUBMITTED TO:

COMPANY:

DATE:

QTY DESCRIPTION
PROJECT DESCRIPTION: Pearmain/Taylor sewer replacement
8/5/2024
Perc Water/City of Adelanto

THANK YOU FOR THE OPPORTUNITY TO SUBMIT THIS PROPOSAL
**Exclusions Include but are not limited to: Permits, Fees, Inspection Fees, Construction Water, Bonds NOTICE: This project was bid using industry standard tools and equipment. Should underground conditions require special equipment, we will notify the owner and reconsider the proposal. $ -
$ 121,420.00
$ -
in moisture conditioned appropiate lifts. All compaction to be witnessed $ - by geotechnical specialist provided by customer. $ -

EXCLUSIONS INCLUDE
(BUT ARE NOT LIMITED TO):
$ -
$ -
live bypassing and traffic control. $ -
$ -
necessary, includes asphalt removal, excavation, shoring, materials, $ - backfill and compaction, pavement restoration, asphalt berm restoration, $ - value. $ -
$ -
$ -
$ -
$ -
$ -
$ -
*if performance bond is required it is at the rate of 1% of total contract $ - 73 2512/026150-0001
19521958.1 a09/24/24

ADELANTO PUBLIC UTILITY AUTHORITY
(APUA)

CONTRACT SERVICES AGREEMENT
Pearmain Sewer Main Sag Repair
THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this ___09___ day of ___October___, 2024 by and between the CITY OF ADELANTO, a California municipal corporation, (“City”) and High Desert Underground, Inc. a General Engineering Pipe Construction Company (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

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

SECTION 1. SERVICES.

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

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

1.2 Term of Services. The term of this Agreement shall begin on October 09, 2024 Unless earlier terminated in accordance with Section 8 of this Agreement, this Agreement shall continue in full force and effect until final written approval and acceptance of the work performed under this Agreement by the Contract Administrator. The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.3 Standard of Performance.
a. Quality of Work. As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Contractor shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein. Contractor covenants that it shall 74 2512/026150-0001
19521958.1 a09/24/24 -2-
follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances, and to the sole satisfaction of the Contract Administrator.
b. Care of Work. Contractor shall adopt reasonable methods during the term of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. c. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. d. Warranty. Contractor warrants all work under this Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non-conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred 75 2512/026150-0001
19521958.1 a09/24/24 -3-
or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of City, City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
e. Skilled and Trained Workforce. Contractor, for itself and its subcontractors at every tier, hereby provides an enforceable commitment to comply with California Public Contract Code section 2600 et seq., which requires use of a skilled and trained workforce to perform all work on the agreements that fall within an apprenticeable occupation in the building and construction trades.
f. Inspection and Final Acceptance. The Services shall be performed to the satisfaction of City. City may inspect and accept or reject any of Contractor’s work under this Agreement, during performance and/or when completed. City shall reject or finally accept Contractor’s work within forty five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 4 and Section 5, pertaining to insurance and indemnification, respectively.

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

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

1.5 Time. Time is of the essence in the performance of this Agreement. Contractor shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Contractor’s obligations hereunder. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Scope of Services. When requested by Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Administrator but not shall not exceed one hundred eighty (45) days cumulatively.

1.6 Force Majeure. The time period(s) specified in the Scope of Services for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight 76 2512/026150-0001
19521958.1 a09/24/24 -4-
embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Administrator in writing of the causes of the delay. The Contract Administrator shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the sole judgment of the Contract Administrator such delay is justified. The Contract Administrator’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.

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

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

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

SECTION 2. COMPENSATION.

2.1 Contract Amount. City hereby agrees to pay Contractor a sum which includes Bid Schedule A and Bid Schedule B of not to exceed ONE HUNDRED AND TWENTY-ONE

THOUSAND, FOUR HUNDRED AND TWENTY DOLLARS WITH ZERO
CENTS ($121,420) notwithstanding any contrary indications that may be contained in 77 2512/026150-0001
19521958.1 a09/24/24 -5-
Contractor’s proposal or bid, for the Services to be performed and reimbursable costs incurred under this Agreement. This compensation may be administratively adjusted pursuant to Section

8.4 herein. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Contractor for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified in this Section 2 shall be the only payments from City to Contractor for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein.

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

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

Invoices shall be submitted to:

City of Adelanto
Attn: Accounts Payable
78 2512/026150-0001
19521958.1 a09/24/24 -6-
11600 Air Expressway
Adelanto, CA 92301

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

2.5 Retention of Funds, Final Payment.
a. Contractor hereby authorizes City, in the sole discretion of the Contract Administrator, to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the total compensation The retained funds shall be paid to Contractor within sixty (60) days after final acceptance of the Services by the City and after Contractor has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Contractor from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as provided in this Agreement. b. Notwithstanding Paragraph a, California Public Contract Code Section 22300 permits the substitution of securities for any retention monies withheld by City for public works Services. At the request and expense of Contractor, securities equivalent to the monies withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to Contractor. City retains the sole discretion to approve the bank selected by Contractor to serve as escrow agent. Upon satisfactory completion of the Services, the securities shall be returned to Contractor. Securities eligible for investment shall include those listed in Government Code Section 16430. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. In the alternative, under California Public Contract Code Section 22300, Contractor may request City to make payment of earned retention monies directly to the escrow agent at the expense of Contractor. Also at Contractor’s expense, Contractor may direct investment of the payments into securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor. Upon satisfactory completion of the Services, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from City pursuant to the terms of California Public Contract Code Section 22300.
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2.6 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

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

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

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

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

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

SECTION 3. FACILITIES AND EQUIPMENT.

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

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

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

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

SECTION 4. INSURANCE AND BOND REQUIREMENTS.

Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certified copies of insurance policies and original endorsements, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Contractor shall also deliver the payment and performance bonds required by this Section 4 with City. Contractor shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Contractor’s compensation. Contractorshall not allow any subcontractor, Contractor or other agent to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City, and has delivered the required bonds to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Contractor acknowledges the insurance policy must cover interinsured suits between City and other insureds. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s 81 2512/026150-0001
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activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator.

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

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

Contractor Initial: _______

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

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

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

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

PEARMAIN SEWER MAIN SAG REPAIR. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Adelanto, 11600 Air Expressway, Adelanto, CA 92301. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Contractor. b. Notice of Reduction in or Cancellation of Coverage. Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
c. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles 84 2512/026150-0001
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owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

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

4.6 Payment and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a payment (labor and materials) bond and a performance bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secure the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement. Payment and performance bonds shall be secured from a surety company rated Grade “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator due to unique circumstances, and shall be authorized to write such bonds in the State of California. Contractor shall pay all bond premiums, costs, and incidentals. Pursuant to California 85 2512/026150-0001
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Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor. Without limiting the foregoing, Contractor understands that Civil Code Section 9550 requires a payment bond for all public works contracts involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000). THIS BOND IS WAIVED

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

SECTION 5. INDEMNIFICATION.

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

5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the 86 2512/026150-0001
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performance of or failure to perform such Services, operations or activities of Contractor hereunder.

5.3 Subcontractors. Contractor shall incorporate similar indemnity agreements with its subcontractors. Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisions shall not be a waiver hereof.

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

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

SECTION 6. INDEPENDENT CONTRACTOR.

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

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

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

SECTION 7. LEGAL REQUIREMENTS.

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

7.2 Compliance with Applicable Laws. Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of 87 2512/026150-0001
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the work hereunder. Contractor shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.

7.3 Prevailing Wages. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the California Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages. b. California Labor Code. The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site.
(ii) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to California Labor Code Section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system. (iii) Pursuant to California Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. 88 2512/026150-0001
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(iv) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code.
(vi) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices.

Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Contractor in connection with this Agreement.
(vii) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d. DIR Monitoring. Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (I) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of California Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. 89 2512/026150-0001
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7.4 Licenses and Permits, Fees, and Assessments. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.

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

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

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

7.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to City the sum of FIVE HUNDRED DOLLARS ($500.00) as liquidated damages for each working day of delay in the performance of any of the Services. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages. 90 2512/026150-0001
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SECTION 8. TERMINATION AND MODIFICATION.

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

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

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

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

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

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

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other 91 2512/026150-0001
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than to the subcontractors noted in the Scope of Services, without prior written approval of the Contract Administrator. In the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

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

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

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

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

SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Documents and Data. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium (the 92 2512/026150-0001
19521958.1 a09/24/24 -20-
“Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Administrator or upon the expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use.

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

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

9.3 Records. Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Administrator to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Administrator shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 93 2512/026150-0001
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9.4 Reports. Contractor shall periodically prepare and submit to the Contract Administrator such reports concerning the performance of the Services required by this Agreement as the Contract Administrator shall require. Contractor hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Administrator of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

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

SECTION 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
94 95
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19521958.1 a09/24/24 -23-

10.8 City Contract Administration. This Agreement shall be administered by a City employee, Richard Burgess, Engineering Services Manager (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unless otherwise provided by applicable law, the Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.

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

High Desert Underground, Inc.

Attn: Blane Sandwick
13355 Osage Ct.

Apple Valley, CA 92308
Any written notice to City shall be sent to the Contract Administrator at:

City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: Richard Burgess, Engineering Services Manager
with a copy to:

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

10.10 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
96 2512/026150-0001
19521958.1 a09/24/24 -24-

10.11 Integration, Interpretation. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

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

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

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

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

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

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

10.18 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. 97 2512/026150-0001
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[Signatures on Following Page]
98 99
2512/026150-0001
19521958.1 a09/24/24

EXHIBIT A

SCOPE OF SERVICES
Services shall include Pearmain Sewer Main Sag Repair Project services, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, in the amount not to exceed ONE HUNDRED AND TWENTY-ONE THOUSAND, FOUR HUNDRED AND TWENTY DOLLARS WITH ZERO CENTS ($121,420) as further detailed in the attached pages (if any). If the Services include Services pursuant to a request for proposals or bid, the Services shall include the work contemplated by the entire “Bid Package” or “Request for Proposals” for the Services, including all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applicable shall be retained with a copy of this Agreement. Contractor shall keep a copy of the same for at least three (3) years following termination of this Agreement.
100
101
102
Phone: Fax:

From: Email:

To: Quote No:

Fax No:

Phone:

Bid Date:
11600 Air Expressway
Adelanto ca 92301
S Christensen Engineering Inc.
(760) 953-1249
Seth Christensen
Saba Engineer
City of Adelanto
21288 Papago Rd , Apple Valley , CA 92307
(760) 246-2300
06/04/2024
Sewer Sag Repair
1120
Adelanto
Item Description Quantity U/M Unit Price
No.

Total Price
1 Bypass Existing Sewer Main For Sag Repair 1.00 LS $14,000.00 $14,000.000 2 Reconnect Existing Laterals 4.00 EA $4,175.00 $16,700.000 Excavate, Remove, Regrade Trench Bottom To Appropriate LF Gade, Install New 8" SDR Mainline, Backfill And Compact 3 277.00 $202.00 $55,954.000
4 Trench Restoration 1' Tcut 4" Over Native 1,100.00 SF $8.20 $9,020.000 5 Replace AC Dike 277.00 LF $38.41 $10,639.570
6 Traffic Control 1.00 LS $12,000.00 $12,000.000
7 Mobilization 1.00 LS $7,000.00 $7,000.000
Total for: 01 Sewer repair $125,313.57
Total Proposal Price: $125,313.57
Date: Accepted by:

Page 1 of 1 ends

103

CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
.

DATE: October 9, 2024
TO: Honorable Mayor and Members of the City Council
FROM:

BY:

Jessie Flores, City Manager
Louis Morales, Project Planner
Zone Code Amendment No. ZCA 24-02 –amending the City of Adelanto Municipal Code (“AMC”) Section 17.50.020, Appendix A, adding MiniWarehouses/Storage Facilities/Recreational Vehicle Storage in the General Commercial (C) and Mixed-Use (MU) zones with a Conditional Use Permit (CUP), based on the findings required by Municipal Code Section 17.115.040.

The properties affected are located in the City of Adelanto, County of San Bernardino.

STAFF RECOMMENDATION:

Introduce first reading of Ordinance No. 654, determine that the project is exempt from the California Environmental Quality Act (CEQA), and file a Notice of Exemption with the County Clerk of San Bernardino County.

BACKGROUND:

Chapter 17.50.020 of the Adelanto Municipal Code establishes the permitted uses, accessory uses temporary uses, and conditionally permitted uses in the General Commercial (C) and Mixed Use (MU) Zones. The General Commercial and Mixed Use districts currently permit a mix of commercial uses.

The C and MU zone does not allow Mini-Warehouses/Storage Facilities/Recreational Vehicle Storage.

The City of Adelanto (“Applicant”) desires to amend the City of Adelanto Municipal Code to allow MiniWarehouses/Storage Facilities/Recreational Vehicle Storage with a conditional use permit in the General Commercial (C) and Mixed Use (MU) zones. The purpose of this amendment is to accommodate commercial development that typically Mini-Warehouses/Storage Facilities/Recreational Vehicle Storage with a conditional use permit.

The procedure for the Zone Code Amendment requires that certain findings be made under Municipal Code Section 17.115.040 as follows:

1. The Zone Code Amendment is consistent with the General Plan; and

2. The proposed change will not adversely affect surrounding properties. 104
Zone Code Amendment No. 24-02
October 9, 2024
2 On September 18, 2024, the Planning Commission conducted a duly noticed public hearing and after taking testimony for or against the proposed ZCA approved Resolution P-24-12, recommending that the City Council adopt Ordinance No. 651, approving ZCA 24-02 to add and allow MiniWarehouses/Storage Facilities/Recreational Vehicle Storage with a conditional use permit in the General Commercial and Mixed-Use Zones.

A conditional use permit (CUP) requires Planning Commission review under a public hearing, which is subject to appeal to the City Council. A CUP grants project approval with conditions established as part of the approval that prevent a project from creating a negative impact on the surrounding community.

ANALYSIS
As noted, Mini-Warehouses/Storage Facilities/Recreational Vehicle Storage Restaurant, would be an appropriate fit into the General Commercial and Mixed Use zones and will provide for more convenience to the residents that live-work within the MU zone or live in close proximity to the General Commercial zone and would benefit from having Mini-Warehouses/Storage Facilities/Recreational Vehicle Storage nearby.

There has been interest in developing Mini-Warehouses/Storage Facilities/Recreational Vehicle Storage in the C and MU zones, specifically near the southern portion of the City where the majority of the City’s housing subdivisions are located. Many of the C and MU parcels have frontage along Highway 395 and Palmdale Road, which would be an ideal location for Mini-Warehouses/Storage Facilities/Recreational Vehicle Storage to provide a variety of commercial use options.

ENVIRONMENTAL CONSIDERATIONS:

The current Zone Code Amendment application is exempt from further environmental review pursuant to Section 15061(b)(3) of the State Guidelines to implement the California Environmental Quality Act (CEQA), which states that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question, as is the case with the proposed Zone Code Amendment 24-02, the activity is not subject to CEQA.

FISCAL IMPACT:

Future applicants will be able to apply to build Mini-Warehouses/Storage Facilities/Recreational Vehicle Storage in the General Commercial and Mixed-Use Zones; project specific fiscal impacts will be assessed at the time of individual project applications. Generally, the fiscal impact will be positive because gas stations generate sales tax funds for the city.

ATTACHMENTS:

Attachment A: Draft Ordinance No. 654
Attachment B: PC Resolution P-24-12
Attachment C: PC Staff report
105
ORDINANCE NO. 654

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA,
AMENDING SECTION 17.50.020 AND APPENDIX A, ADDING MINIWAREHOUSES/STORAGE FACILITIES/RECREATIONAL VEHICLE

STORAGE AS A CONDITIONALLY PERMITTED USE IN THE
COMMERCIAL (C) AND MIXED USE (MU) ZONES.

WHEREAS, on August 28, 2001, the City Council adopted the General Plan Update for the City of Adelanto (“City”); and
WHEREAS, in 2014, the City Council adopted the Adelanto North 2035 Sustainable Plan; and
WHEREAS, the Adelanto Planning Commission, after a duly noticed public hearing held on September 18, 2024, adopted Resolution No. P-24-12 recommending that the City Council Adopt Ordinance No. 654, approving Zone Code Amendment No. ZCA 24-02.

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

SECTION 1. The above recitals are true and correct and incorporated herein.

SECTION 2. The City Council finds that pursuant to the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, no further environmental review is required prior to the adoption of the proposed amendments to Chapter 17.50.020 of the Adelanto Municipal Code.

Specifically, the current Zone Code Amendment application is exempt from further environmental review pursuant to Section 15061(b)(3) of the State Guidelines to implement CEQA, which states that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, such is the case with ZCA 24-02, the activity is not subject to CEQA.

Further, the City Council finds that State CEQA guidelines Section 15378(b)(5) exempts organizational and administrative activities of governments that will not result in physical environmental impacts, and the proposed Zone Code Amendment merely allows a use that was previously permitted in the area prior to the 2014 General Plan update.

SECTION 3. Chapter 17.050.020 is amended as follows:
106
ORDINANCE No. 654

17.50.020 Permitted Uses, Accessory Uses, Conditional Uses, and Temporary Uses. (a) Appendix A: Regulation of Uses by Zone District of this Zoning Code permits a range of uses including, but not limited to the following:
• Residential uses (compact lots, attached homes, condominiums, etc.) • Civic and community facilities
• Eating and drinking establishments
• Offices
• Retail
• Service Stations
• Auto Service and Repair
• Automobile Service (Lubrication, Tune-ups, emission tests, batteries, mufflers, etc. No use of impact wrenches or other equipment that could create noise impacts; No overnight outside storage or parking; Paint, body work, upholstery prohibited)
• Automobile Minor Repair (Brakes, tires, radiators, electrical, etc. No overnight outside storage or parking; Paint, body work, upholstery prohibited) • Automobile Paint, Body, and Upholstery Shops
• Restaurant, Drive-Thru², no alcohol sales
• Mini-Warehouses/Storage Facilities/Recreational Vehicle Storage (b) Uses listed as conditionally permitted uses are subject to the review requirements and conditions contained in Chapter 17.130 of this Zoning Code. Temporary uses are subject to the review requirements and conditions contained in Chapter 17.155. Also, certain other uses such as antennas may be subject to Special Use Standards outlined in Chapter 17.80, subject to the special height limitations contained in Table 22-1, Section

17.22.040 (a).

Appendix A of Section 17 is amended as follows:

Zone
District
Zone
District
Land Use General
Commercial
Mixed
Use
Mini-Warehouses/Storage Facilities/Recreational Vehicle Storage
C C
SECTION 4. The City Council directs staff to prepare and file a Notice of Exemption (“NOE”) with the Clerk of the Board of Supervisors for the County of San Bernardino within five (5) working days of the passage and adoption of this Ordinance.

SECTION 5. The documents and materials that constitute the record of proceedings on which these findings are based are located at the Development Services 107
ORDINANCE No. 654
Department of the City of Adelanto, Adelanto City Hall, 11600 Air Expressway, Adelanto, CA 92301.

SECTION 6. If any section or provision of this Ordinance is for any reason held to be invalid, unconstitutional, illegal, or unenforceable by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, then such section or provision shall be severed and shall be inoperative, and the remainder of this Ordinance shall remain in full force and effect.

SECTION 7. The Mayor shall sign and the City Clerk shall certify passage and adoption of this Ordinance, and the City Clerk shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this Ordinance shall take effect 30 days after its final passage.

PASSED, APPROVED, and ADOPTED this ___ day of ____, 2024. ______________________________
Gabriel Reyes, Mayor
___________________________________
Brenda Lopez, CMC, City Clerk
APPROVED AS TO FORM:
___________________________________
Todd Litfin, City Attorney
108
ORDINANCE No. 654
I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Ordinance No. 641 was duly introduced for first reading on the __ day of ______, 2023 and adopted at a regular meeting of the City Council of the City of Adelanto on this day ___ day of ________, by the following voter, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on this ___ day of ___, 2023
_______________________________
Brenda Lopez, CMC, City Clerk
109
RESOLUTION NO. P-23-08

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ADELANTO

RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A ZONE CODE AMENDMENT ZCA NO. 23-02 TO ADD MINI-WAREHOUSES/STORAGE
FACILITIES/RECREATIONAL VEHICLE STORAGE TO SECTION 17.50.020 AND APPENDIX “A” IN THE COMMERCIAL (C) AND MIXED USE (MU) ZONES WHEREAS, the City of Adelanto Planning Commission has considered the proposed Zone Code Amendment that will add Mini-Warehouses/Storage Facilities/Recreational Vehicle Storage by conditional use permit to Section 17.50.020 and Appendix “A”, Regulation of Uses by Zone District in the Commercial (C) and Mixed Use (MU) Zones; and
WHEREAS, the City of Adelanto’s Commercial and Mixed-Use Zones, are intended to have a mix of uses between residential and commercial with the commercial uses being in close proximity to residential uses to provide services to residents; and WHEREAS, the proposed Zone Code Amendment will be consistent and harmonious with the zone in which it is to be located and will be in general conformity to the City of Adelanto General Plan design guidelines and policies; and WHEREAS, by amending these specific uses and improving the consistency of the information provided in the Citywide Zoning Code, City staff will be able to provide a consistent interpretation of allowable uses by conditional use permit in the Commercial and Mixed Use Zones; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on September 18, 2024 concerning the prospective recommendation set forth herein at which evidence, both written and oral, was presented.

NOW, THEREFORE, the Planning Commission of the City of Adelanto hereby resolves:

SECTION 1.

ENVIRONMENTAL REVIEW
Staff has conducted an environmental review and determined that the proposed Zone Code Amendment is exempt from the provisions the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the State Guidelines to implement CEQA, which states that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question, the proposed Zone Code Amendment, may have a significant effect on the environment, the activity is not subject to CEQA. 110
RESOLUTION NO. P-24-12
September 18, 2024

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SECTION 2.

FINDINGS
The Planning Commission has reviewed the proposed Zone Code Amendment application in accordance with the standards and principles stated in Section

17.115.040 of the Adelanto Zoning Code, and finds that the proposed use is consistent with the objectives of the Zoning Code and the Adelanto General Plan by the following:
(a) The Zone Code Amendment is consistent with other development uses as detailed in Article 17 of the Adelanto Zoning Code. The proposed uses were reviewed by staff using the current Zoning Code. The Zone Code Amendment promotes the public health, safety and welfare of the community by allowing uses that provide a thorough and efficient level of service to residents and developers seeking to develop specific use projects on local parcels. (b) The Zone Code Amendment is consistent with the goals, policies, and objectives of the General Plan. The Zone Code Amendment will meet Policy 3.1 and 3.2 of the General Plan Land Use Element, in that the Zone Code Amendment will promote attractive commercial uses that will meet the local demand for products and services or encourage a balanced commercial development in the Commercial and Mixed Use Zones.
(c) The Zone Code Amendment will contribute to the General Health, Safety, and Welfare of the City of Adelanto and its residents.
(d) The Zone Code Amendment will not adversely affect surrounding properties if proper conditions of approval are implemented.
(e) As noted in finding (a), the Zone Code Amendment will meet the current development standards for the City of Adelanto.

SECTION 3.

Based upon the findings contained in this Resolution and on all other written and oral evidence in the record, the Planning Commission hereby recommends City Council approval of the Zone Code Amendment based on the Amendment’s ability to meet the findings stated above and recommends approval of the amendment of Appendix “A” to the Zoning Code, as to the Mixed Use Zone to read as follows:
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Appendix A. Regulation of Uses by Zoning District
• KEY:

P = Use permitted by right with Location and Development Plan Approval (subject to all local, State, and other applicable Code requirements)
C = Use requires Conditional Use Permit (Chapter 17.30 Adelanto Zoning Code) Cm = Use Requires a Minor Conditional Use Permit (Chapter 17.30 Adelanto Zoning Code) A = Use permitted as accessory use only (when such use is directly related to the primary use)
T = Use permitted as temporary use only (see Chapter 17.75) Zone
District
Zone
District
Land Use Commercial Mixed
Use
Mini-Warehouses/Storage Facilities/Recreational Vehicle Storage C C 112
RESOLUTION NO. P-24-12
September 18, 2024

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PASSED, APPROVED AND ADOPTED by the Planning Commission this 18 th day of
September, 2024.
___________________________________
Chris Waggener
Chairman of the Planning Commission
___________________________________
Nyeka Allen
Secretary to the Planning Commission
I, Nyeka Allen, Planning Secretary for the Planning Commission of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. P-24-12 was duly and regularly adopted at a regular meeting of the Planning Commission of the City of Adelanto on the 18 th day
of September, 2024, by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 18
th day of September, 2024.
___________________________________
Nyeka Allen
Secretary to the Planning Commission
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PLANNING COMMISSION

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 18, 2024
TO: Honorable Chairman and Members of the Planning Commission FROM: Louis Morales, Project Planner
SUBJECT: Zone Code Amendment (ZCA) 24-02 - Proposal to adopt a Resolution recommending to the City Council approval of a Zone Code Amendment by Ordinance (Next In Order), which amends Section 17.50.020 and Appendix “A” (Regulation of Uses by Zone District) of Title 17 of the Adelanto Municipal Code by adding specific uses by conditional use permit in the Commercial and Mixed Use Zones.

STAFF RECOMMENDATION:

Adopt Resolution P-24-12 recommending that the City Council adopt Ordinance No. 654, find the proposed Zone Text Amendment 24-02 is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3), and Approve Zone Code Amendment No. ZCA 24-02 to amend Section

17.50.020 and Appendix “A” (Regulation of Uses by Zone District) of Title 17 of the Adelanto Municipal Code by adding Mini-Warehouses/Storage Facilities/Recreational Vehicle Storage in the Commercial (C) and Mixed-Use (MU) zones with a Conditional Use Permit (CUP), based on the findings required by Municipal Code Section 17.115.040.

BACKGROUND:

The City is the Applicant and has received interest from the development community regarding the inclusion of Mini-Warehouses/Storage Facilities/Recreational Vehicle Storage to be incorporated as part of Mini-Warehouses/Storage Facilities/Recreational Vehicle Storage Mini-Warehouses/Storage Facilities/Recreational Vehicle Storage as part of commercial and mixed use development. The City’s General Plan Land Use Map and Zoning Map are the same and identify an area within the City with the Mixed Use Zone/Land Use designation. As noted in Municipal Code Appendix A, which outlines the permitted and conditional uses in each zone, Mini-Warehouses/Storage Facilities/Recreational Vehicle Storage are not a permitted or conditionally permitted use in the Commercial and Mixed Use Zone in the City. The City has initiated the amendment pursuant to Municipal Code Section 17.115.010, undertaking a Zone Code Amendment, which would add Mini-Warehouses/Storage Facilities/Recreational Vehicle Storage by conditional use permit in the Commercial (C) and Mixed Use (MU) Zone.
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2 The City’s General Plan has general policy guidance for the Commercial and Mixed Use area, but does not have specific land use limitations. Policy statements in the General Plan indicate that MiniWarehouses/Storage Facilities/Recreational Vehicle Storage within the Commercial and Mixed Use area are consistent with the intent of the General Plan. In general, the Commercial and Mixed Use area are intended to have, as the name implies, a mix of uses between residential and commercial with the commercial uses being in close proximity to residential uses to provide services to the residents.

Therefore, it is appropriate to have Mini-Warehouses/Storage Facilities/Recreational Vehicle Storage uses near residential properties in the Commercial and Mixed Use Zones for convenience and to enable commercial and mixed use properties with an opportunity to provide a variety convenience to the residents.

The procedure for the Zone Code Amendment requires that certain findings be made under Municipal Code Section 17.115.040 as follows:

1. The Zone Code Amendment is consistent with the General Plan; and

2. The proposed change will not adversely affect surrounding properties.

The Zone Code Amendment would affect all properties within the Commercial and Mixed Use Zone, therefore, there would be no issue with “spot zoning.” Second, the new uses would be “conditionally permitted” and require a conditional use permit (“CUP”) rather than being simply “permitted” ensuring that the City has some control of such uses to make sure they are appropriate to specific properties and do not adversely affect surrounding properties. Third, Mini-Warehouses/Storage Facilities/Recreational Vehicle Storage already require a CUP in the Manufacturing/Industrial (MI), and Airport Development District (ADD) zones, would also be conditionally permitted in the Commercial and Mixed Use Zones if this Zone Code Amendment is approved, making Mini-Warehouses/Storage Facilities/Recreational Vehicle Storage uses available to residents living in or near the Commercial and Mixed Use Zones.

ENVIRONMENTAL CONSIDERATIONS:

A Zone Code Amendment is a proposed Project subject to the California Environmental Quality Act (“CEQA”). Staff has conducted an environmental review and determined that the proposed Zone Text Amendment is exempt from the provisions the California Environmental Quality Act pursuant to Section 15061(b)(3) of the State Guidelines to implement CEQA, which states that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment.

PUBLIC HEARING NOTICE
A public hearing notice was published on September 5, 2024. As of the writing of this report, no comments have been received by staff.

ATTACHMENTS:

Attachment A: Draft Council Ordinance No. 654
Attachment B: PC Resolution P-24-12
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CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: October 9, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Saba Engineer, Grant Administrator
SUBJECT: ACCEPTING GRANT FROM THE CAIFORNIA DEPARTMENT OF GENERAL SERVICES AND

APPROVE PROFESSIONAL SERVICES AGREEMENTS, FOR THE BELLFLOWER PARK DESIGN SERVICES.

STAFF RECOMMENDATION:

Staff recommends City Council accept the grant from the California Department of Parks and Recreation in the amount of $500,000 for Bellflower Park and approve the award of a Professional Service Agreement (PSA) with Infrastructure Architects, Inc. in the amount of $74,990 for the Bellflower Park Design project design services, and authorizing the City Manager to sign the agreement on behalf of the City Council.

BACKGROUND:

City of Adelanto received a grant from the California Department of Parks and Recreation in the amount of $500,000 Bellflower Park. Plans and specifications are required to receive construction bids to construct the project.

DISCUSSION:

January 22, 2024, a Request for Proposals (RFP) for a design service was released and made publicly available on the electronic plan room and City’s website. On February 22, 2024, five (5) proposals were received from the following firms:

No. Firm Location
1 Edgeland San Diego
2 Hirsch & Associates, Inc. Anaheim
3 Infrastructure Architects, Inc. Irvine
4 RHA Landscape Architects-Planners, Inc. Riverside
5 Verde Design Riverside
The proposals were reviewed by a panel of staff members using the City’s and it was determined that the proposal submitted by Infrastructure Architects, Inc. met the City requirements. Infrastructure Architects, Inc. has an extensive experience and successfully completed similar projects for numerous cities Statewide. The staff determined that Infrastructure Architects, Inc. demonstrated the capability to provide design services for Bellflower Park Project.

If awarded by the City Council, project design is anticipated to begin in November 2024 and project design completion is anticipated for February 2025.
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Staff recommends accept the grant from the California Department of Parks and Recreation in the amount of $500,000 for Bellflower Park and approve the award of a Professional Service Agreement (PSA) with Infrastructure Architects, Inc. in the amount of $74,990 for the Bellflower Park Design project design services, and authorizing the City Manager to sign the agreement on behalf of the City Council.

FISCAL IMPACT:

There is no impact on General Fund as this is grant funded project.

AttachmentA. Professional Service Agreement with Infrastructure Architects, Inc.

B. Location Map

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CITY OF ADELANTO

PROFESSIONAL SERVICES AGREEMENT
Bellflower Park
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this __09__ day of __Octobert_, 2024 (“Effective Date”) by and between the CITY OF ADELANTO, a California municipal corporation, (“City”) and Infrastructure Architect, Inc, a Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.

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

1.1 Term of Services. The term of this Agreement shall begin on October 09, 2024 and shall end on April 30, 2025 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

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

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

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

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

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed Seventy Four Thousand, Nine Hundred and Ninety Dollars and ($74,990) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein.

The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

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

Invoices shall be submitted to:

City of Adelanto
Attn: Accounts Payable
11600 Air Expressway
Adelanto, CA 92301
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2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

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

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

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

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

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

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

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

SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees 120
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and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

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

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

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

4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General 121
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Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

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

Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. (iii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; 122
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(2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
(iv) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

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

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

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

SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, 124
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“Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

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

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

SECTION 6. INDEPENDENT CONTRACTOR.

At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement.

The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become 125
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entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 7. LEGAL REQUIREMENTS.

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

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

7.3 Prevailing Wages. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or nonpayment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages. b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. 126
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(ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
(vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other 127
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similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

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

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

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

SECTION 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
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8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.

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

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

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

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

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

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

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

SECTION 9. KEEPING AND STATUS OF RECORDS.

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

9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

9.4 Inspection and Audit of Records. Any records or documents that Subsection 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. 130
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Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

SECTION 10. MISCELLANEOUS PROVISIONS.

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

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

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

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

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

10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Ray Abbasi (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, 131
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and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

10.8 City Contract Administration. This Agreement shall be administered by a City employee, Saba Engineer, Grant Administrator (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement.

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

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

Infrastructure Architects, Inc.

Attn: Ray Abbasi
100 Progress, Suite 110
Irvine, Ca 92618
Any written notice to City shall be sent to the Contract Administrator at:

City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: Jessie Flores, City Manager
with a copy to:

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

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

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

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

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

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

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

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

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

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

CITY OF ADELANTO
«City_Signature»
Attest:

Brenda Lopez, City Clerk
Approved as to Form:

Todd Litfin, City Attorney

CONSULTANT
«Consultant_Signature_1»

«Consultant_Signature_2»

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

EXHIBIT A

SCOPE OF SERVICES
Services shall include Bellflower Park Design services in the amount not to exceed SEVENTY FOUR THOUSAND, NINE HUNDRED AND NINETY DOLLARS ($74,990) as further detailed in the following page(s).

See Attached
135
100 Progress, Suite 110
Irvine, CA 92618
(626) 727-8777
Infrastructure Architects, Inc. iARCH
100 Progress, Suite 110 | Irvine, CA 92618 WWW.iARCHSoCal.com Wednesday, September 25, 2024
Attn: Mr. Jessie Flores
City Manager
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Subject: Proposal for Bellflower Design Services – Phase 1 Dear Mr. Flores,
Thank you for the opportunity for Infrastructural Architects (iARCH) to provide you with this cost letter proposal to prepare the Plans, Specifications and Estimate (PS&E) for Phase 1 of the Bellflower Park that is depicted below for reference. The list of tasks involved include the following:

1. iARCH Team will perform research of all existing utilities.

2. We will perform a topographic survey of the entire site (Approximately 3 acres)

3. We will prepare a hydrology study calculating the Q for the entire site.

4. We will prepare and submit a topographic survey of the entire site (3 acres) in 1”=30’ scale showing 2’ contours and all adjacent features within 50’ of the site (Roads, easements, houses, vacant land, existing utilities etc.)

5. We will field locate or establish and show all existing property corners for the entire parcel

6. We will obtain invert elevation of the nearest manhole to the proposed park site

7. We will design and show a shallow detention basin based on the hydrology report.

8. We will prepare a precise grading plan for the proposed phase 1 park site (Approximately 20,000 S.F.)

9. We will Design the site drainage discharging into the detention basin

10. We will prepare a scaled site plan depicting phase1of Bellflower Park and the remaining vacant land as future development

11. We will prepare construction drawings and specifications for Bellflower Park, Phase I to include hardscape, playground, shade structures, benches, prefabricated bathroom, etc.

12. We will design hard scape for this phase1 of project. No irrigation is needed and is not included.

13. We will prepare a bid schedule and construction cost estimate listing all proposed improvements and park equipment which will be included in phase 1 of the Bellflower Park project.

14. We will prepare a complete and comprehensive bid package for Bellflower Park project, phase 1.

Note: The city will provide iARCH the available record drawings. 136
iARCH
100 Progress, Suite 110 | Irvine, CA 92618 WWW.iARCHSoCal.com 2 | P a g e
137
iARCH
100 Progress, Suite 110 | Irvine, CA 92618 WWW.iARCHSoCal.com 3 | P a g e
Deliverables: we will research the existing condition and prepare the base map to be used to create the plans, specification, and estimate (PS&E). The set package would include all the required design and details, in order for the city to hire a contractor and construct the Bellflower Park, phase 1 amenities, as designed.

Our proposed fee The fee for the said scope of services described above will be a lump sum of $74,990, as detailed below:

Please contact me with any questions. I can be reached by phone at 213-880-4000, or by email at [email protected].

Sincerely,
Infrastructure Architects, Inc.

Raymond R Abassi, MSCe, PE, TE, QSP/QSD
President
PIC
QA/QC
Project
Manager/
Sr. Architect
Design
Architect
Civil
Engineer
MEP
Engineering
Landscape
Architect
Sr. Job
Capitain
$250 $200 $180 $190 $190 $190 $150
Research and Base Map Development 8 40 $7,440
Prepare 60% PS&E 4 8 40 60 40 40 20 $39,400
Prepare 90% PS&E 1 4 20 20 10 10 20 $15,250
Prepare Final 100% PS&E 2 4 20 2 2 8 $6,880
Site Topographic Survey 4 $11,500 $12,300
$84,470
$74,990

DESIGN PHASE AND CSS
Total Cost - Design Phase
Negotiated Consulting Fee
iARCH
City of Adelanto - Bellflower Park Desgin - Phase 1
Tasks and Hours
Tasks
Survey
Sub Cost of Tasks
138

ATTACHMENT B
Project Location Map
139

Adelanto City CouncilOctober 9, 2024

Adelanto City Council
October 9, 2024