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
May 28, 2025
City Council
Gabriel Reyes, Mayor
Daniel Ramos, Mayor Pro Tem
Stevevonna Evans, 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
Closed Session: 10:00 a.m.
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:
1-669-900-6833
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
May 28, 2025
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
May 28, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us TIME: _____________
ROLL CALL: Councilor Evans ________
Councilor Meza ________
Councilor Uptergrove ________
Mayor Pro Tem Ramos ________
Mayor Reyes ________
1. City Manager to announce if there is any addition/removal of items from the agenda.
C. APPROVAL OF AGENDA
M__________________S__________________ACTION___________ D. ANNOUNCEMENT OF CLOSED SESSION ITEMS
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8:
Property: 11200 Stadium Way, Adelanto CA 92301 APN: 3128-221-26 Agency Negotiator: Todd Litfin, City Attorney
Negotiating Parties: Adelanto Rancho Management Inc. and Stadium Management LLC.
Under Negotiation: Price, and terms of payment
2. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957 – ▪ Employee Performance Evaluation
▪ Title: City Attorney
A. CALL TO ORDER—CLOSED SESSION
B. DELETIONS/ADDITIONS TO AGENDA
3 REGULAR MEETING
May 28, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us E. PUBLIC COMMUNICATION ON CLOSED SESSION ITEMS
F. CONVENE INTO CLOSED SESSION
TIME: _____________
1. Motion to go into Closed Session.
M__________________S__________________ACTION_________________ TIME: _____________
ROLL CALL: Councilor Evans ________
Councilor Meza ________
Councilor Uptergrove ________
Mayor Pro Tem Ramos ________
Mayor Reyes ________
INVOCATION:
FLAG SALUTE: ______________________
H. CLOSED SESSION REPORT
G. CALL TO ORDER—REGULAR MEETING
4 REGULAR MEETING
May 28, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us I. 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. Receive and File Commercial and Residential Recycling Department Report.
3. Approval of the Professional Services Agreement with Adminsure Inc. for administration of the City’s Workers’ Compensation self-insurance program, effective July 1, 2025.
4. Approval of Change Order for Dennis Street and Kay Street Pavement Rehabilitation in the amount of $93,000.
5. Acceptance Parcel Map No. 20982.
6. Approval of Warrant Demand Schedule 24/25-11-02
a. City of Adelanto Check Warrant No. 151107 through 151136 in the total amount of $170,720.50
b. City of Adelanto EFT No. 3859 through 3930 in the total amount of $1,034,615.26 M__________________S__________________ACTION________________ 5 REGULAR MEETING
May 28, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us J. 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:
1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this APUA agenda as authorized by Government Code Section 36934, unless otherwise directed by the APUA.
2. Approval of Water Department Report.
3. Approval of Sewer Department Report.
4. Approval of Change order for Adelanto Road Water Main Project in the amount of $86,207.55.
M__________________S__________________ACTION_______________ K. NEW BUSINESS
PUBLIC COMMENT: OPEN: CLOSED:
1. AWARD A CONSTRUCTION CONTRACT FOR THE REMODEL OF CITY COUNCIL CHAMBER PROJECT TO BLUE BUILDERS, INC. (SABA)
RECOMMENDATION: Staff recommends City Council approve an award of construction contract agreement with Blue Builders, Inc. in the amount of $424,950, to provide construction of Remodel of City Council Chamber Project , and determine the project is categorically exempt from further environmental review in accordance with Section 15301 of the state guidelines implementing the California Environmental Quality Act.
M__________________S__________________ACTION____________________ 6 REGULAR MEETING
May 28, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us PUBLIC COMMENT: OPEN: CLOSED:
2. ORDINANCE NO. 657 – AMENDMENT TO ADELANTO MUNICIPAL CODE SECTION
17.03.020 REGARDING PLANNING COMMISSION MEETING TIMES (CITY ATTORNEY) RECOMMENDATION: Staff recommends that the City Council Adopt Ordinance No. 657, amending Adelanto Municipal Code Section 17.03.020 to revise the regular meeting time of the Planning Commission.
ORDINANCE NO. 657
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
COUNTY OF SAN BERNARDINO, AMENDING ADELANTO MUNICIPAL CODE SECTION 17.03.020 REGARDING REGULARLY SCHEDULED PLANNING
COMMISSION MEETING TIMES
M__________________S__________________ACTION____________________ PUBLIC COMMENT: OPEN: CLOSED:
3. FIREWORKS REPORT OF ORGINIZATIONS POTENTIALLY ELEIGBLE FOR A FIREWORK STAND.
RECOMMENDATION: Request that the City Council approve and determine eligibility for organizations potentially eligible for a fireworks stand. (CHRISTIAN) M__________________S__________________ACTION____________________ PUBLIC COMMENT: OPEN: CLOSED:
4. UTILITY BOX PROGRAM. (MAYOR PRO TEM)
RECOMMENDATION: Staff recommends that the City Council discuss and provide feedback and direction.
M__________________S__________________ACTION____________________ 7 REGULAR MEETING
May 28, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us PUBLIC COMMENT: OPEN: CLOSED:
5. NAMING OF THE PARK LOCATED AT CHAMERLAINE AND JONATHAN. (JESSIE) RECOMMENDATION: Staff recommends that the City Council discuss and provide feedback and direction.
M__________________S__________________ACTION____________________ PUBLIC COMMENT: OPEN: CLOSED:
6. DONATION OF $10,000 TO THE STADIUM FOR THE 4TH OF JULY EVENT. (MAYOR) RECOMMENDATION: Staff recommends that the City Council discuss and provide feedback and direction.
M__________________S__________________ACTION____________________ L. ITEMS REMOVED FROM THE CONSENT CALENDAR
M. 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 N. 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 take action on an item not appearing 8 REGULAR MEETING
May 28, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us on
O. ADJOURNMENT
The next Regular Meeting of the City Council will be held on June 11, 2025 at 11:00 a.m.
TIME OUT: ______________
M__________________S__________________ACTION____________________
I, BRENDA LOPEZ, CITY CLERK OF THE CITY OF ADELANTO, OR MY DESIGNEE,
HEREBY CERTIFY THAT A TRUE, ACCURATE COPY OF THE FOREGOING AGENDA WAS POSTED ON MAY 22, 2025, 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, CMC
P. DECLARATION OF POSTING
9 REGULAR MEETING
May 28, 2025
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 10 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
MAY 28, 2025
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:
Closed Session – 10:00 a.m. Please call 1-669-900-6833 along with conference code 931 4644 4676
Open Session – 11:00 a.m. Passcode: 7601
Dated: May 22, 2025 Brenda Lopez, City Clerk, CMC
11 CITY COUNCIL AGENDA REPORT
| A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: May 28, 2025
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 12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 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: May 28, 2025
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Brenda Lopez, City Clerk/Director of Environmental Services SUBJECT: APPROVAL OF AGREEMENT WITH ADMINSURE INC. FOR WORKERS’ COMPENSATION
PROGRAM ADMINISTRATION
Recommendation:
Staff recommends the City Council approve the Professional Services Agreement with AdminSure Inc. for administration of the City’s Workers’ Compensation self-insurance program, effective July 1, 2025.
Background:
The City of Adelanto has opted to self-insure its Workers’ Compensation liabilities and requires a thirdparty administrator (TPA) to ensure compliance with applicable laws and efficient claim handling.
AdminSure Inc. is a professional administrator specializing in the management of self-insured Workers’ Compensation programs.
The proposed agreement outlines comprehensive services to be provided by AdminSure Inc., including but not limited to:
• Claims processing and management
• Communication with injured employees, attorneys, and medical providers • Legal coordination and vocational rehabilitation services • Reporting to regulatory agencies
• Oversight of medical management through MedReview Inc. • Coordination with excess insurers
Key responsibilities of the City include timely reporting of incidents, providing information, and maintaining the required checking account for claims disbursements.
This agreement ensures continued professional administration of the City’s Workers’ Compensation program and supports legal compliance, cost control, and effective risk management. 39 Fiscal Impact:
• Monthly fee: $915
• Annual increase: 3%
• Additional costs include allocated claim file expenses such as legal, investigative, and medical review services.
Attachments:
• Professional Services Agreement with AdminSure Inc.
• Appendix A – Scope of Work (if applicable)
40
WORKERS’ COMPENSATION PROGRAM SERVICES
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into between the City of Adelanto, hereinafter referred to as the “Client,” and AdminSure Inc., hereinafter referred to as the "Administrator."
WHEREAS, the Client has undertaken to self-insure their Workers' Compensation obligations; and
WHEREAS, the Administrator is engaged in the business of administering SelfInsurance Programs; and WHEREAS, the Client desires to retain the services of the Administrator to administer Client’s Self-Insurance Programs, hereinafter referred to as the "Programs," for the Client;
NOW, THEREFORE, the Client hereby retains the services of the Administrator and the Administrator agrees to perform the services for the Client under the terms and conditions of this Agreement.
TERMS AND CONDITIONS
1. TERM: This Agreement shall become effective July 1, 2025 and shall continue unless terminated by the cancellation provision set forth herein.
2. SCOPE OF SERVICES: Refer to attached Appendix A – Scope of Work.
3. ADVISORY SERVICES: The Administrator shall provide the Client information regarding the adoption, amendment or repeal of all Statutes, Rules and Regulations, if any, et cetera, which may directly affect the Programs.
4. REQUIRED FORMS: The Administrator shall provide the Client with all forms required by the State in connection with the Workers’ Compensation Program.
5. COMPLIANCE WITH LAW: The Administrator shall administer the Programs in full compliance with all laws, rules and regulations governing Workers' Compensation and Self-Insurance.
41
6. CLAIMS/ADMINISTRATION SERVICES: The Administrator shall comply with all performance standards of the Client’s excess insurer. The Administrator shall also comply with the Administrator’s Claims Standards, but under no circumstances are they to be construed as having precedence over the performance standards of the Client’s excess insurer. The Administrator shall also have the authority and responsibility to provide the following services, which include:
A. Establishing an electronic claim file and computer database record upon receipt of an injury report.
B. Setting and updating reserves.
C. Initiating and maintaining contact with claimants, injured workers or their attorneys.
D. Arranging for investigation.
E. Determining compensability.
F. Preparing and issuing benefit notices, if applicable.
G. Managed care services which includes but is not limited to arranging for medical treatment and medical services from clinics, facilities, pharmacies, hospitals, specialists, and other vendors as necessary, et cetera.
H. Performing all utilization review/medical management services through MedReview Inc.; communicating decisions to approve, modify, or deny medical treatment, services, equipment, et cetera in accordance with State law.
I. Monitoring disability status by reviewing medical reports and contacting doctors for updates.
J. Reviewing, reporting, auditing and negotiating/medical management, et cetera all medical/applicable bills through MedReview Inc. and paying all properly adjusted medical/applicable bills in a timely and accurate manner.
K. Paying mileage or medical reimbursements to injured workers.
L. Paying lost time/temporary disability compensation when appropriate to do so or advising the Client of the need to adjust payroll records when salary continuation is applicable.
M. Arranging medical exams in conformance with State law to determine whether an injured worker's medical condition is permanent and stationary 42
(reached Maximum Medical Improvement/MMI) and what, if any, permanent disability exists.
N. Paying the permanent disability compensation in accordance with the law.
O. Arranging for attorney representation of the Client whenever the need arises.
P. Monitoring attorneys and assisting them in preparing cases.
Q. Auditing and paying legal expenses.
R. Arranging for vocational rehabilitation services when appropriate, monitoring vocational rehabilitation consultants and assisting them as necessary.
S. Auditing and paying vocational rehabilitation expenses.
T. Preparing and issuing Supplemental Job Displacement Benefits (SJDB) notices and benefits.
U. Preparing and issuing the permanent disability compensation notices.
V. Pursuing subrogation when there is a viable third party.
W. Notifying the Client and excess insurers of all claims which exceed or may exceed the self-insurance retention; maintaining a liaison between the Client and their excess insurers on matters affecting the handling of such claims and arranging for reimbursement to the Client of losses in excess of its self-insurance retention.
X. Obtaining settlement authority and negotiating settlement on appropriate claims.
Y. Attending all hearings that are required by law.
Z. Closing claim files when appropriate to do so.
7. OBLIGATIONS OF THE CLIENT: The Client shall:
A. Submit all information and reports of claims, work incidents and work injuries to the Administrator in a timely manner not to exceed 24 hours of the Client’s knowledge of the claim, incident or injury.
B. Respond to the Administrator’s requests for information and authority within five days of such requests.
C. Provide information that is accurate and is in a form specified by the Administrator.
43
D. Grant settlement authority to the Administrator in advance of WCAB, Rehabilitation, and legal hearings, or be available by phone or in person during same.
8. CHECKING ACCOUNT: The client and the Administrator agree that:
A. The Client shall establish and maintain a checking account from which all Workers' Compensation benefits and expenses/costs are to be paid.
B. The Administrator shall prepare checks and issue those checks directly to payees without delay.
C. The Administrator shall sign checks with a facsimile signature or manually.
D. The Administrator shall secure checks in a locked area accessible to a limited number of personnel.
E. The Client shall maintain an adequate balance in their checking account to meet all Workers' Compensation obligations without delay.
F. The checking account may be used to pay penalties in which case the Administrator shall reimburse the Client within thirty (30) workdays for any amount of the penalty which the Administrator caused.
9. ELECTRONIC DATA PROCESSING: The Administrator shall provide the Client with electronic data processing services that will allow for the production of loss experience and transaction reports within ten (10) days following the close of each calendar month.
10. REGULATORY REPORTING: The Administrator shall prepare all reports required by State and Federal regulatory agencies (if any) in connection with the Programs, including the Self-Insurer's Annual Report required by the Department of Self-Insurance Plans.
11. RECORDS: The Administrator shall establish and maintain electronic claim files, claim logs, transaction documents and all other records associated with the Programs.
These records shall be the property of the Client. Unless this Agreement is cancelled, closed hard files, if any, shall be stored by the Administrator for five (5) years and shall thereafter become the responsibility of the Client. Upon cancellation of this Agreement, 44
if any, the Client shall be responsible for maintaining and storing all data, records, et cetera. The Administrator shall not dispose of or destroy hard files, if any, without prior authorization of the Client.
12. CONSIDERATION: The Client shall pay the Administrator $915 (nine-hundred fifteen dollars) per month, with a 3% increase each subsequent year, for Claims/ Administration Services rendered under this Agreement. Subsequent years shall automatically renew from year to year subject to termination by either party during the life of this Agreement upon at least ninety (90) days written notice.
13. ALLOCATED CLAIM FILE EXPENSES: The Client shall pay for field investigation, attorneys, defense attorneys, subrogation attorneys, legal costs, remote photocopy, medical management, engineering experts, accident reconstruction experts, process servers, messenger service, court reporters, vocational rehabilitation consultants, structured settlement consultants, translators, and any other vendor necessary to administer claim files.
14. PENALTIES: The Administrator shall be responsible for paying or appealing penalties that are caused by the Administrator. The Administrator shall not be responsible for penalties that are caused by the Client or any third parties.
15. INDEMNIFICATION: The Administrator shall indemnify, hold harmless, and defend the Client from all claims, legal actions, losses, expenses, injuries, or damages arising out of the Administrator's negligence or intentional wrongdoing incident to the performance of this Agreement.
16. INSURANCE: The Administrator shall secure and maintain at its own cost, for all operations, the following insurance coverage, unless reduced by the Administrator:
A. General and employer’s liability insurance with minimum coverage of $1,000,000; and
B. Workers' compensation insurance as required by the California Labor Code; and
C. Errors and Omissions professional liability insurance with minimum coverage of $1,000,000.
45
D. Notify the Client in writing ninety (90) days prior to any cancellation or reduction in the above coverages.
E. Maintain evidence of the above coverages on file with the Client throughout the term of this Agreement.
17. NOTICES: All notices, demands, requests, or approvals which are required under this Agreement, or which either the Client or the Administrator may desire to serve upon the other, shall be in writing and shall be conclusively deemed served when emailed, delivered personally, or forty-eight (48) hours after the deposit thereof in the United States Mail with postage pre-paid.
18. CANCELLATION: This Agreement may be cancelled by the Client, or the Administrator, giving to the other, in writing, notice of its intention to cancel this Agreement at least ninety (90) days prior to the date of termination. Upon the date of termination of this Agreement, or the date on which records are transferred to another custodian, whichever occurs first, the Administrator shall no longer have the authority or responsibility to administer claims or perform any service on behalf of the Client.
19. PARTIAL INVALIDITY: If any provision of this Agreement is held by a competent court to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
20. GOVERNING LAW: The validity of this Agreement and of any of its terms and provisions shall be interpreted pursuant to the Laws of the State of California.
21. INTERPRETATION: The terms and conditions of this Agreement shall be construed pursuant to their plain, ordinary meaning and shall not be interpreted against the maker.
22. ASSIGNMENT: The Administrator shall not assign, sublet, transfer by operation of law, or otherwise any or all of its rights, burdens, duties, or obligations of this Agreement without the prior, written consent of the Client.
23. CONFLICT OF INTEREST: The Administrator shall avoid all conflicts of interest or appearance of conflicts of interest in performance of this Agreement. 46
24. ENTIRE CONTRACT: This instrument contains the entire Agreement between the Parties relating to the rights herein granted and obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or effect.
Subsequent modifications shall be made in writing with the agreement of the Parties.
IN WITNESS HEREOF, the parties have executed this Agreement as of the effective date stated on page one.
CITY OF ADELANTO
by ______________________________________
XXXXXXX
XXXXXXX
ADMINSURE INC.
by ______________________________________
Alithia Vargas-Flores
President
47 Adopted: December 6, 1985
Last Amended: July 1,2019
SCOPE OF SERVICES
WORKERS' COMPENSATION
CLAIMS ADMINISTRATION STANDARDS
The following Standards have been adopted by Public Risk Innovation, Solutions, and Management (hereinafter PRISM) in accordance with Article 18(b) of the PRISM Joint Powers Agreement. It is the intent of these Standards to ensure compliance with all applicable Labor Code and California Code of Regulations Sections. In the event that there exists a conflict between the Standards, the Labor Code or the Code of Regulations, the most stringent requirement shall apply.
I. CLAIMS HANDLING - ADMINISTRATIVE
A. Case Load
1. Each claims examiner assigned to the Member should handle a targeted caseload of 150 but not to exceed 165 claims. In situations where caseloads include future medical and medical only claims, these claims shall be counted as 2:1 in the caseload limit.
2. Supervisory personnel should not handle a caseload, although they may handle specific issues or a small number of conflict claims.
B. Case Review and Documentation
1. Documentation shall reflect any significant developments in the file and include a plan of action. Plan of action statements shall be updated at the time of examiner diary review.
2. The examiner shall review indemnity and medical-only files at intervals not to exceed 45 calendar days. Future medical files shall be reviewed at intervals not to exceed 90 calendar days.
3. The supervisor shall review all new claims within 60 calendar days of initial set up and subsequently monitor activity on indemnity files at intervals not to exceed 120 calendar days. Future medical files shall be reviewed by the supervisor at intervals not to exceed 180 calendar days.
Exhibit A
48 4. File contents shall comply with Code of Regulations Sections 10101, 10101.1 and 15400, and be kept in a neat and orderly fashion. If claims are maintained in a paperless system, documents shall be clearly identified (e.g., medical report, WCAB Orders, legal, etc.).
5. Medical Only Claims
a. If a medical-only claim is still open at 90 calendar days, it shall be transferred to an indemnity examiner.
b. If, at any time, it is anticipated there will be indemnity benefits paid, the claim shall be transferred to an indemnity claim type. c. If the medical-only claim remains open at 180 days, theclaim shall be converted to an indemnity claim type, unless there is documentation showing that medical treatment will be ending and the claimant will be discharged from care within the next 30 days, or the claimant is only seeking treatment for a bloodborne pathogen exposure protocol.
C. Communication
1. Telephone Inquiries
Return calls shall be made within 1 working day of the original telephone inquiry. All documentation shall reflect these efforts.
2. Incoming Correspondence
All correspondence received shall be clearly stamped with the date of receipt.
3. Return Correspondence
All correspondence requiring a written response shall have such response completed and transmitted within 5 working days of receipt.
4. Ongoing Claimant Contact
On cases involving unrepresented injured workers who are offwork, telephone contact shall be made at a minimum of once every 30 days and within 3 working days after discharge from the hospital or outpatient facility following a surgical procedure. This is in addition to nurse case management involvement on claims where nurse case managers are assigned. 49 D. Fiscal Handling
1. Fiscal handling for indemnity benefits on active cases shall be balanced with appropriate file documentation on a semi-annual basis and prior to sending a benefit termination notice to verify that statutory benefits are paid appropriately. Balancing is defined as, “an accounting of the periods and amounts due in comparison with what was actually paid”.
2. In cases of multiple losses with the same person, payments shallbe made on the appropriate claim file.
E. Medicare Reporting
Mandatory reporting to the Center for Medicaid Services (CMS) shall be completed directly or through a reporting agent in compliance with Section 111 of the Medicare Medicaid and SCHIP Extension Act of 2007 (“MMSEA”). Medicare eligibility shall be documented in the claim file at time of settlement evaluation.
II. CLAIM CREATION
A. Three-Point Contact
Three-point contact shall be conducted on all claims with the non- represented injured worker, employer representative and treating physician within 3 working days of receipt of the claim by the third party administrator or self-administered entity. If a nurse case manager is assigned to the claim, initial physician contact may be conducted by either the claims examiner or the nurse case manager. This initial contact should be substantive and clearly documented in the claim file. In the event a party is non-responsive, there shall be evidence of at least three documented attempts to reach the individual.
B. Compensability
1. The initial compensability determination (accept claim, deny claim or delay acceptance pending the results of additional investigation) and the reasons for such a determination shall be made and documented in the file within 14 calendar days of the filing of the claim with the employer. In the event the claim is not received by the third party administrator or self-administered entity within 14 calendar days of the filing of the claim with the employer, the third party administrator or self-administered entity shall make the initial compensability determination within 7 calendar days of receipt of the claim. 50 2. Delay of benefit letters shall be mailed in compliance with the Division of Workers’ Compensation (DWC) guidelines. In the event the employer does not provide notice of lost time to the third party administrator or self-administered entity timely to comply with DWC guidelines, the third party administrator or self-administered entity shall mail the benefit letters within 7 calendar days of notification.
3. The final compensability determination shall be made by the claims examiner or supervisor within 90 calendar days of employer receipt of the claim form.
C. AOE/COE Investigation
If a decision is made to delay benefits on a claim, an AOE/COE investigation shall be initiated within 3 working days of the decision to delay. This may include, but is not limited to, assigning out for witness/injured worker statements, initiating the QME/AME process, requesting medical records, etc.
D. Reserves
1. Using the information available at claim file set up, an initial reserve shall be established for the most probable case value.
2. The initial reserve shall be electronically posted to the claim within 14 calendar days of receipt of the claim.
E. Indexing
All claims shall be reported to the Index Bureau at time of initial set up and re-indexed on an as needed basis thereafter. Blood borne pathogen exposure claims are an exception to this requirement.
PRISM maintains membership with the Index Bureau that members can access.
III. CLAIM HANDLING – TECHNICAL
A. Payments
1. Initial Temporary and Permanent Disability Indemnity Payment a. The initial indemnity payment shall be issued to the injured worker within 14 calendar days of knowledge of the injury and disability. In the event the third party administrator or selfadministered entity is not notified of the injury and disability 51 within 14 calendar days of the employer’s knowledge, the third party administrator or selfadministered entity shall make payment within 7 calendar days of notification. Initial permanent disability payments shall be issued within 14 calendar days after the date of last payment of temporary disability. Effective 1/1/2013, permanent disability payments shall be issued upon approval of an Award pursuant to Labor Code Section 4650(b)(2).
Prior to a PD Award, advances may be due if the employer has not offered the employee a position paying at least 85% of their wages and compensation at time of injury or the employee is not employed in a position paying at least 100% of their wages and compensation at time of injury. This shall not apply with salary continuation. b. The properly completed DWC Benefit Notice shall be mailed to the employee within 14 calendar days of the first day of disability. In the event the third party administrator or selfadministered entity is not notified of the first day of disability until after 14 calendar days, the DWC Benefit Notice shall be mailed within 7 calendar days of notification.
c. Self-imposed penalty shall be paid on late payments in accordance with Section III. A.7 of this document.
d. Overpayments shall be identified and reimbursed timely where appropriate. The third party administrator or selfadministered entity shall request reimbursement of overpaid funds from the party that received the funds. If necessary, a credit shall be sought as part of any resolution of the claim.
2. Subsequent Temporary and Permanent Disability Payments a. Eligibility for indemnity payments subsequent to the first payment shall be verified, except for established long-term disability.
b. Ongoing indemnity payments shall be paid in accordance with Labor Code Section 4650(c).
c. Subsequent DWC benefit notices shall be issued in
accordance with CCR 9812.
d. Self-imposed penalty shall be paid on late payments in accordance with Section III. A.7 of this document.
3. Final Temporary and Permanent Disability Payments
52 a. All final indemnity payments shall be issued timely. b. The appropriate DWC benefit notices shall be issued in accordance with CCR 9812.
c. Self-imposed penalty shall be paid on late payments in accordance with Section III. A.7. of this document.
4. Award Payments
a. The claim file shall reflect demonstrated efforts to initiate/batch payments on undisputed Awards,
Commutations, or Compromise and Release agreements
within 10 working days following receipt of the appropriate document, unless the Award indicates payment is due sooner. b. For all claims in the Primary Workers’ Compensation (PWC) Program and/or excess reportable claims, copies of all
Awards shall be provided to PRISM at time of payment.
5. Medical Payments
a. Medical treatment billings (physician, pharmacy, hospital, physiotherapist, etc.) shall be reviewed for correctness, approved for payment and paid within 60 days ofreceipt. b. The medical provider shall be notified in writing within 30 days of receipt of an itemized bill if a medical bill is contested, denied or incomplete.
c. A bill review process should be utilized whenever possible.
There should be participation in a PPO and/or MPN whenever possible.
6. Injured Worker Reimbursement Expense
a. Reimbursements to injured workers shall be issued within 15 working days of the receipt of the claim for reimbursement. b. Advance travel expense payments shall be issued to the injured worker 10 working days prior to the anticipated date of travel.
7. Penalties
53 a. Penalties shall be coded so as to be identified as a penalty payment.
b. If the Member utilizes a third party administrator, the Member shall be advised of the assessment of any penalty for delayed payment and the reason thereof, and the administrator’s plans for payment of such penalty, on a monthly basis.
c. If the Member utilizes a third party administrator, the Member, in their contract with the administrator, shall specify who is responsible for specific penalties.
B. Medical Treatment
1. Each Member shall have in place a Utilization Review process as set forth in Labor Code Section 4610.
2. Disputes regarding utilization review determinations shall be resolved using the Independent Medical Review process set forth in Labor Code Section 4610.5.
3. Nurse case managers shall be utilized where appropriate. Rationale for assignment and continued necessity shall be documented in the claim notes at each regular diary review.
4. If enrolled in a Medical Provider Network, the network shall be utilized whenever appropriate.
C. Apportionment
1. Investigation into the existence of apportionment shall be documented.
2. If potential apportionment is identified, all efforts to reduceexposure shall be pursued.
D. Disability Management
1. The third party administrator or self-administered entity shall work proactively to obtain work restrictions and/or a release to full duty on all cases. The TPA or self-administered entity shall notify a designated Member representative immediately upon receipt of temporary work restrictions or a release to full duty, and work closely with the Member to establish a return to work as soon as possible. 54 2. The third party administrator or self-administered entity shall notify a designated Member representative immediately upon receipt of an employee’s permanent work restrictions so that the Member can determine the availability of alternative, modified or regular work.
3. If there is no response within 20 calendar days, the third party administrator or self-administered entity shall follow up with the designated Member representative.
4. Members shall have in place a process for complying with laws preventing disability discrimination, including Government Code Section 12926.1, which requires an interactive process with the injured worker when addressing a return to work particularly with permanent work restrictions.
5. Third party administrators or self-administered claims professional shall cooperate with members to the fullest extent, in providing medical and other information the member deems necessary forthe member to meet its obligations under federal and state disability laws.
E. Supplemental Job Displacement Benefits
1. Supplemental Job Displacement Benefits – Dates of injury on or after 1/1/04 and before 1/1/13: Benefits pursuant to Labor Code Section 4658.5 shall be timely provided. Dates of injury on or after 1/1/13:
Benefits pursuant to Labor Code 4658.7 shall be timely provided.
2. The third party administrator or self-administered entity shall secure the prompt conclusion of SJDB.
F. Reserving
1. Reserves shall be reviewed at regular diary and at time of any significant event, e.g. - surgery, P&S/MMI, return to work, etc., and adjusted accordingly. This review shall be documented in the file regardless of whether a reserve change was made. Where the SIP model does not apply, claims shall be reserved for the most probable value.
2. Indemnity reserves shall reflect actual temporary disability indemnity exposure with 4850 differential listed separately.
3. Permanent disability indemnity exposure shall include life pension reserve if appropriate.
55 4. Future medical claims shall be reserved in compliance with CCR 15300 (b)(4) allowing adjustment for reductions in the approved medical fee schedule, undisputed utilization review, medically documented non-recurring treatment costs and medically
documented reductions in life expectancy.
5. Allocated expense reserves shall include medical cost containment, legal, investigation, copy service and other related fees.
6. A reserve worksheet shall be utilized and/or detailed rationale substantiating reserve levels shall be documented within the claim file.
G. Resolution of Claim
1. Within 10 working days of receiving medical information indicating that a claim can be finalized, the claims examiner shall begin appropriate action to finalize the claim.
2. Follow up finalization efforts shall continue and be documented at regular diary reviews until resolution is complete.
3. Settlement value shall be documented appropriately utilizing all relevant information.
4. Where settlement includes resolution of future medical for a Medicare beneficiary or an expected Medicare beneficiary, the settlement shall document the strategy to protect Medicare’s secondary payer status.
5. Pursuant to CCR15400.2, claim files with awards for future benefits shall be reviewed for administrative closure two years after the last provision of benefits.
H. Settlement Authority
1. No agreement shall be authorized involving liability, or potential liability, of PRISM without the advance written consent of PRISM.
The member shall be notified of any settlement request submitted to PRISM.
2. The third party administrator shall obtain the Member’s authorization on all settlements or stipulations in excess of the settlement authority provided in any provision of the individual contract between the Member and the claims administrator.
56 3. Proof of settlement authorization(s) shall be maintained in the claim file.
IV. LITIGATED CASES
The third party administrator or self-administered entity shall establish written guidelines for the handling of litigated cases. The guidelines should, at a minimum, include the points below, which may be adopted and incorporated by reference as "the Guidelines".
1. The third party administrator or self-administered entity shall promptly initiate investigation of issues identified as material to potential litigation. The Member shall be alerted to the need for in-house investigation, or the need for a contract investigator who is acceptable to the Member. The Member shall be kept informed on the scope and results of investigations.
2. The third party administrator or self-administered entity shall, in consultation with the Member, assign defense counsel from a list approved by the Member. Initial referral and ongoing litigation management shall be timely and appropriate. The third party administrator or self-administered entity shall maintain control of the ongoing claim activities.
3. Settlement proposals directed to the Member shall be forwarded by the third party administrator, self-administered entity or defense counsel in a concise and clear written form with a reasoned recommendation. Settlement proposals shall be presented to the Member as directed so as to insure receipt in sufficient time to process the proposal.
4. Knowledgeable Member personnel shall be involved in the preparation for medical examinations and trial, when appropriate or deemed necessary by the Member so that all material evidence and witnesses are utilized to obtain a favorable result for thedefense.
5. The third party administrator or self-administered entity shall comply with any reporting requirement of the Member.
V. SUBROGATION
1. In all cases where a third party (other than a Member employee or agent) is responsible for the injury to the employee, attempts to obtain information regarding the identity of the responsible party shall be made within 14 calendar days of recognition of subrogationpotential. 57 2. Once identified, the third party shall be contacted within 14 calendar days with notification of the Member's right to subrogation and the recovery of certain claim expenses.
3. If the third party is a governmental entity, a claim shall be filed with the governing board (or State Board of Control as to State entities) within 6 months of the injury or notice of the injury. If the third party is a nongovernmental entity, a complaint shall be filed in civil court withintwo years in order to preserve the statute of limitations.
4. Periodic contact shall be made with the responsible party and/or insurer to provide notification of the amount of the estimated recovery to which the Member shall be entitled.
5. If the injured worker brings a civil action against the party responsible for the injury, the claims administrator shall consult with the Member about the value of the subrogation claim and other considerations.
Upon Member authorization, subrogation counsel shall be assigned to file a Lien or a Complaint in Intervention in the civil action.
6. Whenever practical, the claims administrator shall aggressively pursue recovery in any subrogation claim. They should attempt to maximize the recovery for benefits paid, and assert a credit against the injured worker’s net recovery for future benefitpayments.
7. Member (and PRISM if applicable) approval is required to waive pursuit of subrogation or agree to a settlement of a third party recovery. This approval shall be documented in the claim file. In cases of self-administered entities, a process shall be documented noting the authority levels within the member organization to waive pursuit of subrogation or agree to a settlement of a third party recovery.
VI. EXCESS COVERAGE
A. Claims meeting the definition of reportable excess workers’ compensation claims as defined by the Memorandum of Coverage Conditions Section shall be reported to PRISM within five working days of the day on which it is known the criterion is met. Utilize the Excess Workers’ Compensation First Report Form available through PRISM’s website.
B. Subsequent reports shall be transmitted to PRISM on a quarterly basis on all indemnity claims and on a semi-annual basis on all future medical claims or sooner if claim activity warrants, or at such other intervals as requested by PRISM, in accordance with Underwriting and Claims Administration Standards. Utilize the Excess Workers’ Compensation Status Report Form 58 available through PRISM’s website, or a comparable form to be approved by PRISM.
C. Reimbursement requests shall be submitted in accordance with PRISM’s reporting and reimbursement procedures on a quarterly or semi-annual basis depending on claims payment activity. Utilize the Excess Workers’ Compensation Claim Reporting and Reimbursement Procedures available through PRISM’s website.
D. A closing report with a copy of any settlement documents not previously sent shall be sent to PRISM.
Following is the history of amendments to this document:
Amended: March 4, 1988
Amended: October 7, 1988
Amended: October 6, 1995
Amended: October 1, 1999
Amended: June 6, 2003
Amended: March 2, 2007
Amended: July 1, 2009
Amended: July 1, 2011
Amended: March 2, 2012
Amended: October 4, 2013
Amended: July 1, 2019
59 Workers’ Compensation Program
Third Party Administrator
Performance Standards
April 9, 2020
60 Adopted April 9, 2020 Page 2 of 15 WC TPA Standards
WC TPA Performance Standards
Change Record
Date Description of Change(s)
April 21, 2016 • Revised language regarding timelines: caseload, reporting to ISO and EDEX and ICRMA’s WCPM.
• Added reference to Labor Code changes in effect 7/1/12 (15300(b)(1).
• Addition of language cross-referencing MOC and LMPP.
• Modernize the language and correct typographical errors.
April 9, 2020 • Addition of language regarding timeline to contact physician’s office.
61 Adopted April 9, 2020 Page 3 of 15 WC TPA Standards
The following performance standards establish the minimum requirements and level of service to be provided by the third party claims administrator (TPA) in delivering claims adjusting services and related activities to the Member. The TPA agrees that all duties and responsibilities contained within the performance standards will be provided to the ICRMA Member at no additional cost unless otherwise specifically noted herein and agreed to by both parties.
1. Caseload
Each examiner shall have a caseload not to exceed one-hundred-sixty-five (165) open indemnity claims, which includes future medical claims. Each claims assistant, future medical clerk/examiner, or junior examiner shall have a caseload not to exceed two-hundred (200) open claims. The supervisor shall have a caseload not to exceed thirty (30) open indemnity claims.
2. Claim File Set Up
Upon receipt of the Employer’s Report of Occupational Injury or Illness or Application for Adjudication of Claim, the TPA will prepare an individual claim file within two (2) business days for each claim. Preparation of the claim file shall include entering each new claim into the computer system and establishing appropriate initial reserves. Initial reserves will be set based on the facts known at the time the case is entered into the computer and clearly documented in the claim’s electronic file notes. The file shall be available to the Member, including, their representatives, claims auditors, and agents, for inspection and contain all medical and factual information on each reported claim.
3. Coverage
The TPA shall verify coverage was provided to the Member on the date of injury or illness in accordance with Member program dates and governing documents. If applicable, the TPA shall exercise due diligence in joining applicable co-defendants. All activity to verify coverage and join co-defendants shall be clearly documented in the claim’s electronic file notes.
4. ISO and EDEX
The TPA shall subscribe to the ISO, EDEX, and other recommended organizations in order to obtain background history on individual claims. Costs to subscribe to these services shall be included in the pricing structure. The examiner shall request a report from ISO, EDEX, or other recommended organizations on all new indemnity claims within fourteen (14) days of receipt of a new claim by any source. Subsequent requests should be made every six (6) to twelve (12) months thereafter on all active indemnity claims.
62 Adopted April 9, 2020 Page 4 of 15 WC TPA Standards
5. Employer Contact
The TPA shall request the Employer’s Report of Occupational Injury or Illness form within two (2) business days when or if notification of any injury or illness by any source is received first.
If the DWC Form 1 has not been received by the TPA within two (2) business days after receiving the Employer’s Report of Occupational Injury or Illness, the examiner will contact the Member to ensure the DWC Form 1 was given to the employee within one (1) business day of knowledge of the injury. If a DWC Form 1 had not been given to the injured employee, the TPA shall immediately send the DWC Form 1 directly to the employee.
The TPA shall contact the Member within two (2) business days of receipt of notice of a claim by any source to conduct an initial and meaningful investigation. Such contact with the Member shall be clearly documented in the claim’s electronic file notes.
When a claim reaches one-half (1/2) of the Member’s self-insurance retention (SIR), the TPA shall report to the Member and ICRMA’s Workers’ Compensation Program Manager (WCPM) every ninety (90) calendar days regarding the status of the claim until such time as notified otherwise by the WCPM. Such report shall include a current status of the claim, the examiner’s plan of action for the future handling of the claim, and the current paid to date and total incurred amounts listed by indemnity, vocational rehabilitation, medical, and expense categories.
The examiner will provide on-site file reviews if requested by the Member. Other periodic onsite file reviews will be scheduled based upon the needs of the Member.
Returned phone calls and e-mail to the Member will be accomplished within one (1) business day.
The TPA shall notify the Member immediately upon notice of an injured worker’s hospitalization as a result of the work injury regardless of the date of injury. Such contact with the Member shall be clearly documented in the claim’s electronic file notes.
6. Employee Contact
In all non-litigated, lost time cases, where the employee has not returned to work, telephone, or personal contact will be established with the injured employee within two (2) business days of receipt of notice of claim. Such contact will continue as often as necessary, but at least monthly. Such contact with the employee shall be clearly documented in the claim’s electronic file notes.
Returned phone calls to employees will be accomplished within one (1) business day.
All written correspondence from employees will be responded to within five (5) calendar days of receipt.
63 Adopted April 9, 2020 Page 5 of 15 WC TPA Standards
7. Compensability
The compensability determination (accept claim, deny claim, or delay acceptance pending the results of additional investigation) and the reasons for such determination will be made and clearly documented in the file within fourteen (14) business days of the receipt of the notification of the loss. Delay of benefit notices shall be mailed in compliance with the Division of Industrial Relations’ guidelines. Copies of benefit notices will be maintained in the applicable claim file or stored in an electronic file. The TPA shall obtain authority from the Member to delay or deny a claim. The Member’s authorization shall be clearly documented in the applicable claim file or in the claim’s electronic file notes.
In no case shall a final compensability decision be extended beyond ninety (90) calendar days from the Member’s knowledge of the claim.
8. Investigations
The TPA shall promptly initiate investigation of issues identified as material to potential litigation. The Member shall be alerted to the need for an outside investigation as soon as possible and the examiner shall appoint an investigator who is acceptable to the Member. The Member shall be kept informed on the scope and results of all investigations. All activities shall be clearly documented in the claim’s electronic file notes.
9. Reserves
Reserves shall be established based on the facts of the claim and the ultimate probable cost of each claim. A reserve rational for each reserve change shall be clearly documented in the file notes. All reserve categories shall be reviewed by the examiner on a regular basis but not less than at least every forty-five (45) calendar days. The use of a paper or electronic reserve worksheet is required on all claims and a hard copy shall be maintained in the applicable claim file.
10. Provision of Benefits
The TPA shall provide all compensation and medical benefits in a timely manner and in compliance with the statutory requirements of the California Labor Code. The TPA shall compute and pay temporary disability benefits to injured employees based upon earnings information and authorized disability periods. The TPA shall review, compute, and pay all informal ratings, death benefits, Findings and Awards, life pensions, or Compromise and Release settlements. Copies of all benefit notices shall be sent to the Member.
11. Initial Indemnity Payment
The initial indemnity payment or voucher will be issued and mailed to the injured employee together with a properly completed DWC benefit notices within fourteen (14) calendar days of the first day of disability. Copies of benefit notices will be maintained in the applicable claim file.
64 Adopted April 9, 2020 Page 6 of 15 WC TPA Standards
Late payments must include the self-imposed 10% penalty in accordance with Labor Code Section 4650.
12. Subsequent Indemnity Payments
All indemnity payments or vouchers subsequent to the first payment will be verified, except for those payments where disability is expected beyond ninety (90) calendar days in which case payments will be verified in ninety (90) day increments. All disability payments will be issued in compliance with Labor Code Section 4651.
Late payments must include the self-imposed 10% penalty in accordance with Labor Code Section 4650.
Copies of benefit notices issued with subsequent benefits will be maintained in the applicable claim file.
13. Medical Administration
The TPA, absent a Medical Provider Network (MPN) and/or a pre-designated doctor, shall select a panel of general practitioners, specialists, hospitals, and emergency treatment facilities to which injured employees should be referred and regularly review and update the panel.
The physician’s office will be contacted within two (2) calendar days of notice of all new claims to conduct an initial investigation as to the medical aspects of the claim and discuss the Member’s return-to-work goals. Such contact will continue as needed during the continuation of temporary disability to assure that treatment is related to a compensable claim and clearly documented in the claim’s electronic file notes.
The TPA shall maintain contact with treating physicians to ensure employees receive proper medical treatment and are returned to full or modified employment at the earliest possible date.
The TPA shall contact the physician’s office at least every 30 days to verify injured worker’s current work status and any applicable work restrictions; or, contact the physician’s office no more than 2 days after the next office visit has taken place to verify the current work status and work restrictions (whichever comes first). If the doctor has not outlined any work restrictions, ask the physician to provide specific work restrictions.
The TPA shall maintain direct contact with medical providers to ensure their reports are received in a timely manner.
The TPA shall arrange medical evaluations when needed, reasonable, and/or requested in compliance with the current California Labor Code.
14. Medical Payments
65 Adopted April 9, 2020 Page 7 of 15 WC TPA Standards
Medical bills will be reviewed by the assigned claims examiner, assistant, or supervisor for correctness, approved for payment, and paid within time limits established by Labor Code Section 4603.2. If all or part of the bill is being disputed, the TPA will notify the medical provider, on the appropriate form letter, within time limits established by Labor Code Section 4603.2.
The TPA shall ensure that medical bills are reduced to the Official Medical Fee Schedule (OMFS) and recommended rates established by the Administrative Director of Workers’ Compensation. The use of a service contractor is acceptable provided approval is first obtained from the Member. The Member shall pay for the use and benefits of the services provided; however, fees charged by the service contractor shall have been approved by the Member prior to the provision of and payment for services. Such fees will be charged to the applicable claim file and will be paid as an allocated loss adjustment expense per California Code of Regulation Section 15300 (b) (1).
15. Transportation Expense
Transportation reimbursement will be mailed within fifteen (15) calendar days of the receipt of the claim for reimbursement. Advance travel expense payments will be mailed to the injured employee at least ten (10) calendar days prior to the anticipated date of travel.
16. Return-to-Work
The TPA shall provide assistance to the Member in establishing a modified work program that is appropriate for injured employees while recovering and prior to their return to regular duties.
The TPA shall consult with the Member within two (2) business days of becoming aware of work restrictions and shall remain in contact with the Member bi-weekly until such time as return to work is achieved or vacated.
Should the Member contract with a vendor to assist with return-to-work, the TPA shall cooperate with the assignment of cases or the provision of information in order to help facilitate a successful return-to-work program.
17. Permanent Disability
The TPA shall provide information and assistance to injured employees in completing the necessary forms to obtain a permanent disability rating.
The TPA shall determine the nature and extent of permanent disability and arrange for an informal disability rating whenever possible to avoid Workers’ Compensation Appeals Board (WCAB) litigation. The TPA shall take advantage of any potential apportionment potential to prior claims, disabilities, and impairments. The TPA shall also advise the Member of potential credits and penalties to permanent disability benefits should the Member accommodate permanent/alternative work for at least twelve (12) months. 66 Adopted April 9, 2020 Page 8 of 15 WC TPA Standards
All permanent disability benefit notices shall be sent to the employee as required by the California Labor Code. Copies of benefit notices will be maintained in the applicable claim file.
18. Vocational Rehabilitation/Supplemental Job Displacement (SJD) In accordance with all applicable California laws in place at the date of injury, the TPA shall:
A. Determine the Qualified Injured Worker/Non-Qualified Injured Worker status; B. Advise the injured worker of his/her right to rehabilitation or SJD benefits; C. Provide appropriate vocational rehabilitation/SJD benefits; D. Control rehabilitation and SJD costs;
E. Attempt to secure the prompt conclusion of vocational rehabilitation benefits/SJD; and F. Provide notification to the Member should work restrictions require a permanent or modified accommodation.
19. Diary Review
All claim files shall be reviewed at least every forty-five (45) calendar days for active claims and at least every six (6) months for claims that have settled but are open to monitor future medical care. The examiner shall distinguish the regular diary review from routine file documentation in the claim’s electronic file notes. A plan of action will be included and separately labeled in the file notes during a diary review. The plan of action shall include, but not limited to, the employee’s current work status, medical status, review of reserves, and future activity to move the claim towards resolution. The TPA shall monitor the diary reviews by printing a “No Activity” report each month to identify any files that have fallen off the diary system.
20. Plan of Action
Each claim file shall contain the examiner’s plan of action for the future handling of that claim.
Such plan of action shall be clearly stated including the reasoning for the plan. The plan of action will be updated at least every ninety (90) calendar days and clearly identified in the claim’s electronic file notes. The initial plan of action will be clearly documented in the claim’s electronic file notes within fourteen (14) calendar days of the initial claim set-up. 67 Adopted April 9, 2020 Page 9 of 15 WC TPA Standards
21. Claim Supervision
The TPA shall provide supervisory staff that will regularly review the work product of the examiners. The supervisor shall review at least ten percent (10%) of each examiner’s caseload each month to ensure each examiner is following the performance standards outlined in this AGREEMENT. In addition, the supervisor shall conduct a regular quarterly review of all open indemnity claims with reserves in excess of $100,000 and all problem or complex claims. Such reviews shall be labeled as “Supervisor Review” and clearly documented in the claim’s electronic file notes.
22. Status Reports
Other than the reports identified in Section 37, “Loss Runs” of this document, claim status reports requested by the Member, in addition to the regular ninety (90) day status reports referenced in Section 5, “Employer Contact” of this document, shall be provided by the TPA to the respective Member within ten (10) business days. Verbal status reports requested by the Member shall be provided by the TPA to the respective Member within two (2) business days.
Computer generated loss data reports requested by the Member shall be provided within twenty (20) business days.
23. Claim Reconciliation
All claim files shall be reconciled to ensure all indemnity payments have been made correctly.
The reconciliation should verify that payments were made in the correct amount and from the correct claim file. The physical file should be verified with the computer information. All open claim files shall be reconciled at the time of a request for settlement authorization and at the time of submission for closure. Proof of the reconciliation should remain in the claim file and clearly documented in the claim’s electronic file notes.
24. Settlements
The TPA shall obtain the Member’s authorization on all settlements. The TPA or defense counsel shall forward settlement proposals to the Member in a format acceptable to the Member. All requests for settlement authority shall be clear and concise and include a written claim analysis, estimate of permanent disability, and the defense counsel’s comments and recommendations. If the settlement exceeds the Member’s self-insured retention, the written settlement proposal shall also be directed to the Excess carrier or designated representative to provide authority in addition to the Member’s authority.
Settlement considerations shall include an evaluation of the need for a Medicare Set Aside (MSA). Any referral for MSA evaluation must have the prior approval of the Member and ICRMA’s WCPM if the total incurred amount exceeds the Entity’s retention. 68 Adopted April 9, 2020 Page 10 of 15 WC TPA Standards
25. Award Payment
Payments on Awards, computations, or Compromise and Release agreements will be issued within ten (10) business days or sooner if necessary to ensure payment within twenty (20) calendar days of the WCAB approval date, following receipt of the appropriate document.
The TPA shall document the claim’s electronic file notes with the date of WCAB approval, the amount of the settlement, and type and duration of future medical care recommended by the applicable medical provider. The TPA shall also document the reason(s) for any late payment of the Award.
26. Future Medical Claims
Claims that remain open to monitor future medical care shall remain open for two (2) years from the last payment of benefit. Reviews shall be documented in the claim notes to include settlement information, future medical care outline, last date and type of treatment, name of excess carrier, excess carrier reporting level, and excess carrier reporting history. Reserves for future medical treatment will be reviewed every six (6) months and adjusted for use over a three (3) year average and the injured employee’s life expectancy based on the latest version of the U.S. Life Table. The reason(s) and calculation(s) for the adjustment(s) shall be clearly documented in the claim’s electronic file notes.
The TPA shall evaluate the claim at least once per calendar year to determine a reasonable amount for settlement of future medical benefits and any remaining benefits due. The reason(s) and calculation(s) for the recommended settlement amount shall be clearly documented in the claim’s electronic file notes within one (1) business day. The TPA shall clearly document the claim’s electronic file notes with the outcome of the settlement negotiations with the employee/claimant or applicant’s attorney. All such evaluations shall include an evaluation of the need for an MSA pursuant to Item 24 herein.
Should active litigation develop after the claim has been settled, the claim will be considered active and no longer be considered a future medical claim. All appropriate performance standards contained in this document pertaining to active claims shall apply.
27. Subrogation
In all cases where a third party is responsible for the injury to the employee, the TPA will send a letter to the Member indicating they will pursue subrogation unless instructed otherwise by the Member. When the responsible party has been identified, the responsible party shall be contacted within twenty (20) business days with notification of the Member’s right to subrogation and the recovery of certain claim expenses. If the third party is a governmental Entity, a claim shall be filed with the governing Entity within six (6) months of the injury or notice of injury.
69 Adopted April 9, 2020 Page 11 of 15 WC TPA Standards Periodic contact shall be made with the responsible third party and/or insurer to provide notification of the amount of the estimated recovery to which the Member will be entitled.
If the injured worker brings a civil action against the party responsible for the injury, the TPA shall consult with the Member about the value of the subrogation claim and other considerations. If subrogation rights are waived, the TPA shall obtain written authority from the Member or Excess carrier, if applicable. Upon the Member’s authorization, subrogation counsel shall be assigned to file a Lien or a Complaint in Intervention in the civil action. Upon assignment of the case to an authorized subrogation attorney, the TPA shall request a “not to exceed” estimate of fees for such representation. The fees shall be authorized by the Member prior to commencement of work by counsel. Should the “not to exceed” fees be reached, the TPA shall be responsible for obtaining continuing authority prior to incurring additional costs.
Such contact with the Member shall be documented in the claim’s electronic file notes. Should the costs exceed the estimated fees without proper verbal authority from the Member, the TPA may be responsible for reimbursement the Member for the additional cost(s).
Whenever practical, the TPA should take advantage of any settlement in a civil action by attempting to settle the workers’ compensation claim by means of a Third Party Compromise and Release. If such attempt is not successful, every effort should be made through the WCAB to offset claim expenses through a credit against the proceeds from the employee’s civil action.
28. Litigated Cases
The TPA shall promptly initiate investigation of issues identified as material to potential litigation. The Member shall be alerted to the need for an outside investigation as soon as possible and the examiner shall appoint an investigator who is acceptable to the Member. The Member shall be kept informed on the scope and results of all investigations.
When defense counsel is not necessary, the TPA shall work closely with the applicant’s attorney in informal disposition of litigated cases. All assignments to outside counsel on ICRMA’s approved Workers’ Compensation Attorney Panel will be done with the Member’s authorization and consent. The TPA shall prepare clear and concise litigation referrals to outside counsel outlining the issues of the claim and duties that will be handled by defense counsel. Such referral will be documented in the TPA’s claim’s electronic file notes. In conjunction with the Member, the TPA shall monitor the outside counsel’s progress. The TPA shall audit all defense counsel’s bills before payment is authorized. Defense Counsel will comply with the Worker’s Compensation Litigation Management Policies and Procedures to ensure professional, competent, and cost-effective handling of litigation. Defense counsel shall provide to the TPA, with a copy to the Member, an initial case analysis and a plan of action within ten (10) business days of the assignment.
All preparation for a trial shall involve the Member so that all material evidence and witnesses are utilized to obtain a favorable result for the defense. 70 Adopted April 9, 2020 Page 12 of 15 WC TPA Standards The manager, supervisor, or the examiner shall attend WCAB hearings, rehabilitation hearings, other court proceedings, meetings with defense counsel, and meetings with the Member’s staff, departments, and employee groups as necessary and as requested to do so.
29. Fraudulent Claims
Any claim believed to be fraudulent shall be referred to the TPA’s in-house special investigation unit for further investigation and potential referral to the District Attorney. If the TPA does not have an in-house special investigation unit, the claim will be referred to an investigator, with the Member’s prior approval, to conduct further investigation.
30. Excess Insurance
Cases that have the potential to exceed the Member’s self-insured retention shall be reported in accordance with the reporting criteria established by the excess insurance policies and/or coverage document. All cases that meet the established reporting criteria are to be reported within five (5) business days of the day on which it is known the criterion is met. Supplemental Reports shall be submitted every ninety (90) calendar days from the date of the initial notice and every ninety (90) calendar days thereafter, unless indicated otherwise by the excess carrier.
Such reports shall be documented in the claim’s electronic file notes.
The TPA shall be responsible for collecting reimbursements and recoveries from the excess carrier or third party if applicable on a quarterly basis. The requests will be made based on the paid-to-date amount as of March 31, June 30, September 30, and December 31 and issued within thirty (30) calendar days after the quarter ends. Such requests shall be documented in the claim’s electronic file notes within one (1) business day.
31. Penalties
Late payment of all benefits must include the self-imposed penalty in accordance with California Labor Code. The TPA will provide the Member a quarterly listing of any administrative penalties paid the quarters ending March 31, June 30, September 30, and December 31, which were the responsibility of the TPA, and a check from the TPA payable to the Member for reimbursement. The check and report shall be submitted to the Member by the twentieth (20th) of the following month after the quarter ends.
32. Case Closure
The supervisor shall review all inactive medical only files open beyond ninety (90) days from the date of entry by the TPA for potential closure or conversion to indemnity status. Inactive is defined as those claims with no payment, reserve, or file note activity during the prior sixty (60) days. Claims with $5,000 or more paid-to-date on any medical only claim open beyond one-hundred-eighty (180) calendar days from the date of TPA entry shall be converted to indemnity status and a reasonable, precautionary indemnity reserve placed on the claim. All indemnity cases, where permanent disability is not an issue, will be closed within sixty (60) calendar days of the final financial transaction or final correspondence to the injured worker 71 Adopted April 9, 2020 Page 13 of 15 WC TPA Standards as required by law. All indemnity claims, where permanent disability is an issue, will remain open for two (2) years from the last payment of benefit and then closed within sixty (60) calendar days of that date.
33. Forms
The TPA shall provide all forms necessary for the processing of benefits or claims information including the Employer’s Report of Occupational Injury or Illness, DWC Form 1, medical service orders, return-to-work slips, lost time information reports, vouchers, checks, and other related forms. The cost of providing these forms shall be included within the contract price set forth in the AGREEMENT with the Member and TPA.
34. Claims Reporting
The TPA shall, at its expense, provide to the Member by the tenth (10th) of each month a written summary report showing the number of claims reported during the prior month, separated by category (i.e. indemnity or medical only), the number of claims closed during the prior month, separated by category, and any medical cost savings. This report shall show a comparison of the same information for the same month for the prior year.
The TPA shall maintain all loss information as required by the Workers’ Compensation Insurance Rating Bureau.
The TPA shall assist in the preparation of all reports that are now, or will be required by the State of California or other government agencies with respect to self-insurance programs. The TPA will also assist in the preparation of all reports or databases required by the California Institute for Public Risk Analysis (CIPRA) or other statistical database organizations.
35. Record Retention
All claim files shall be maintained in accordance with statutory time requirements and the Member’s Record Retention Policy. The Member shall be notified prior to any destruction of files to determine if the Member wishes to retain the claim file.
36. Computer Access
The TPA shall provide online access at no additional charge to the Member and/or designated representatives. Such data shall be in a format accessible from the parties’ computers and will permit the parties to print copies of the data on its printers. The TPA shall provide training for use of the computer system at no additional charge.
37. Loss Runs
The TPA shall, at its expense, by the tenth (10th) calendar day of the following month, unless otherwise specified below:
72 Adopted April 9, 2020 Page 14 of 15 WC TPA Standards A. Provide electronically to ICRMA loss data as required in the Universal Electronic Loss Data Submission, and
B. Provide the following information monthly to the Member, as it pertains to their respective claims, electronically, on diskette, or in written format:
i. A listing of all open claims showing the employee’s name, claim number, date of injury, paid amount, future liability, total incurred, and any amounts recovered; ii. OSHA 300 and 300A logs or a listing of all information needed the Member to complete the OSHA 300 and 300A logs. The logs or report shall include claims where temporary disability benefits were paid during the applicable month showing the paidto-date amounts, from and through dates of temporary disability benefits paid, claim number, and date of injury; and
iii. A summary listing by fiscal year to include, but not limited to, paid to date amounts, future liability or reserve amounts, total incurred amounts, number of open claims, number of closed claims, and average cost per claim.
Provide other special reports required of the Member including, but not limited to, loss trend reports, claim abstract reports, reports required by actuaries, excess insurance carriers, etc., provided that such reports do not require data elements that have not previously been collected by the TPA. If new programming is required in order to provide such reports, the TPA shall pay at its own expense for new or special programming costs.
Any corrections to the loss runs shall be made within thirty (30) calendar days of the request for correction.
38. Availability of Personnel
The TPA shall maintain at all times, one (1) or more of the examiners assigned to the Member’s claims, or in their absence, the supervisor or management above the supervisory level, to be available by telephone for emergencies through a 24-hour emergency telephone number. The TPA shall provide a toll free telephone number at no additional charge to the Member.
39. Member Services
The TPA shall provide special on-site training services annually to the Member’s staff to ensure that the Member’s staff that process workers’ compensation claims are effectively carrying out the procedures required for a successful program.
The TPA shall consult annually with the Member on the establishment and coordination of necessary procedures and practices to meet the needs of the Member with respect to the administration and processing of claims.
73 Adopted April 9, 2020 Page 15 of 15 WC TPA Standards The TPA shall require an examiner to be available and readily respond to a Member’s request for assistance with problem cases, including on-site visits to the Member.
The TPA shall provide the Member with information regarding statutes, proposed changes to statutes, and changes to the rules and regulations affecting the Member and its responsibility as a legally uninsured workers’ compensation authority.
40. Examiner Training
The TPA shall annually certify to the Member that each claims examiner handling the Member’s claims is in compliance with all legal and regulatory licensing and continuing educational requirements as presently or in the future shall be promulgated and required by the State of California. Such certification for the prior year shall be in the form of a letter to be received no later than April 1 of each year.
41. Right to Audit or Review
The Member or its designated representative is authorized to visit the TPA’s processing and/or storage premises, for purpose of performing an annual claims audit or quarterly file reviews, and have access to all data, including paper documents, microfilm, microfiche, and magnetically stored data which relate to payments or non-payments made by the Member. The Member or its designated representative will provide the TPA with at least thirty (30) days advance notice. Any assistance or service provided in response to a claims audit described above will be rendered at no additional cost to the Member.
Within thirty (30) days of each audit or review, the Members and the TPA shall receive a letter from the auditor or the reviewer which summarizes the outcome of each audit or review.
Should the TPA fail to meet the minimum acceptable audit score, based on an overall total score versus individual category scores, the outcome letter will suggest that the Members and TPA discuss the results and develop as performance improvement plan. Should two (2) consecutive audits or reviews results in a less than satisfactory score, the auditor or reviewer shall arrange a meeting with the Members involved and the TPA within thirty (30) days of the second audit or review to discuss the audit results and outline a plan for performance improvement.
42. Conflict of Interest
The TPA shall avoid all conflicts of interest or appearance of conflicts of interest in performance of this AGREEMENT. If, during any given year, the TPA receives compensation from any party for services included in this AGREEMENT, such as bill review services, managed care, or investigations, the TPA shall disclose total compensation received in prior year. Such disclosure shall be in the form of a letter and shall be received by the Member no later than April 1 of each year.
74 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: May 28, 2025
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Richard Burgess, Engineer Services Manager
SUBJECT: Dennis Street and Kay Street Pavement Rehabilitation STAFF RECOMMENDATION:
Staff recommends that City Council approve additional funding to accommodate a change in the project scope, which includes the paving of an additional street.
BACKGROUND:
Dennis Street and Kay Street were originally selected for paving improvements under the Community Development Block Grant (CDBG) program due to the deteriorated condition of existing asphalt in a disadvantaged community. Construction began on May 6, 2025, and was completed on May 16, 2025.
During the course of construction, the City, in coordination with CDBG, identified an additional $93,000 in available funding. The contractor has agreed to extend the scope of work to include full-width paving of Joshua Street, from Jay Street to Kay Street, for the amount of $93,000.
FISCAL IMPACT: There will be no impact on the City’s General Fund. The total construction cost of $419,900 will be fully funded through the CDBG grant.
ATTACHMENTS:
Attachment No. 1 Contract Services Agreement with Hardy and Harper.
Attachment No. 2 Pay App #2 (Change Order)
75 76
77 78
79 80
81 82
83 84
85 86
87 88
89 90
91 92
93 94
95 96
97 98
99 100
101
102
Hardy and Harper, Inc. ENGINEERING CONTRACTORS
32 Rancho Circle Lake Forest, CA 92630 STATE LICENSE #215952 Office (714) 444-1851 Fax (714) 444-2801
CITY OF ADELANTO DATE 12-May-25
PROGRESS 2
INVOICE NO.:
JOB LOCATION ADELANTO
H&H JOB # 24481
ITEM
NUMBER DESCRIPTION CONTRACT QUANTITY
UNIT
MEASURE
QUANTITY OR
% PREVIOUS
QUANTITY OR
% THIS
ESTIMATE
UNIT PRICE AMOUNT
THIS ESTIMATE
TOTAL
QUANTITY
OR % TO DATE
TOTAL AMOUNT
TO DATE
Bid Proposal
1 Mobilization and Demobilization 1 LS 1.00 $ 8,097.75 $ 8,097.75 1.00 $ 8,097.75 2 Temporary Traffic Control and Safety 1 LS 1.00 $ 9,480.00 $ 9,480.00 1.00 $ 9,480.00 3 SWPPP, Best Management Practice and NPDES
Requirements 1 LS 1.00 $ 2,650.00 $ 2,650.00 1.00 $ 2,650.00 4 Remove Existing Asphalt Concrete Pavement and
Subgrade (4” Total Section Removal) 71,865 SF 71865.00 $ 0.65 $ 46,712.25 71,865.00 $ 46,712.25 5 Construct 2” Asphalt Rubberized Hot Mix (ARHM) Overlay 955 TON 955.00 $ 159.00 $ 151,845.00 955.00 $ 151,845.00 6 Construct 2” Asphalt Concrete Base Pavement Over 95%
Compacted Native Soil 955 TON 955.00 $ 133.00 $ 127,015.00 955.00 $ 127,015.00 7 Install Striping 1 LS 1.00 $ 3,200.00 $ 3,200.00 1.00 $ 3,200.00 8 $ - 0.00 $ -
9 $ - 0.00 $ -
10 $ - 0.00 $ -
Change Orders
1 Additional work on Joshua Street 1 LS 1.00 $ 93,000.00 $ 93,000.00 1.00 $ 93,000.00 2 $ - 0.00 $ -
3 $ - 0.00 $ -
SUB-TOTALPG1 $ 442,000.00 $ 442,000.00
LESS RETENTION $ 22,100.00 $ 22,100.00
LESS BILLING(S) $ -
TOTAL AMOUNT DUE $ 419,900.00 $ 419,900.00
Public Contract Code § 20104.50. Prompt Payment By Local Governments To Contractors.
Upon receipt of this payment request, each local agency shall act in accordance with the following:
Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor no later than seven days, after receipt. A request returned shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
Any local agency which fails to make any progress payment within 30 days after receipt of an undisputed and payment request from a contractor on a construction contract shall pay interest to the contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure and interest shall accrue at 10% (0.833%/month).
Within 60 days after the date of completion of the work of improvement, the retention withheld by the public entity shall be released. In the event that retention payments are not made within the time periods required by this section, the public entity shall be subject to a charge of 2 percent per month on the improperly withheld amount. 24/25 CDBG DENNIS ST & KAY ST PAVEMENT REHABILITATION
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Public Contract Code § 20104.50. Prompt Payment By Local Governments To Contractors.
Upon receipt of this payment request, each local agency shall act in accordance with the following:
Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor no later than seven days, after receipt. A request returned shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
Any local agency which fails to make any progress payment within 30 days after receipt of an undisputed and payment request from a contractor on a construction contract shall pay interest to the contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure and interest shall accrue at 10% (0.833%/month).
Within 60 days after the date of completion of the work of improvement, the retention withheld by the public entity shall be released. In the event that retention payments are not made within the time periods required by this section, the public entity shall be subject to a charge of 2 percent per month on the improperly withheld amount. 104
CITY COUNCIL AGENDA REPORT
DATE: May 28, 2025
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Richard Burgess, Engineering Services Manager
SUBJECT: Acceptance Parcel Map No. 20982
STAFF RECOMMENDATION:
Staff recommends that the City Council accept Parcel Map No. 20982 and authorize the City Manager to sign the Acceptance Certificate on behalf of the City Council.
BACKGROUND: The Parcel Map reflects a lot line adjustment and is ready for recording with the San Bernardino County Recorder’s Office.
FISCAL IMPACT:
Notary fees and fees for recording and processing at San Bernardino County will apply.
ATTACHMENTS:
A. Exhibit A – Parcel Map Mylar
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106
107
CITY COUNCIL AGENDA REPORT
| A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
STAFF RECOMMENDATION:
Staff recommends that City Council review and ratify Warrant Demand Schedule 24/25-11-02.
1. City of Adelanto Check Warrant No. 151107 through 151136 in the total amount of $170,720.50.
2. City of Adelanto EFT No. 3859 through 3930 in the total amount of $1,034,615.26.
BACKGROUND:
All payments have been reviewed in accordance with policies for processing payments and expenditures.
FISCAL IMPACT:
Summary of Payments issued:
Total Number of Payments: 102
Total Amount of Payments: $1,205,335.76
ATTACHMENTS:
1. Payment Check Register – Check No. 151107 through 151136
2. Payment EFT Register – EFT No. 3859 through 3930
DATE: May 28, 2025
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Finance Department
SUBJECT: WARRANT DEMAND SCHEDULE 24/25-11-02
108
Payment Register
City of Adelanto
From Payment Date: 5/23/2001 - To Payment Date: 5/22/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
04000013-01 - CITY OF ADELANTO GENERAL CHKG
Check
151107 05/13/2025 Open Accounts Payable ADELANTO COMMUNITY
RESOURCE CENTER
$561.00
Invoice Date Description Amount
32 05/12/2025 Emergency Food and Clothing Distribution - April 2025 $561.00 151108 05/13/2025 Open Accounts Payable JAMES C HIRSCH AICP, ASSOC AIA CORP
$30,800.00
Invoice Date Description Amount
2025-4 04/30/2025 Professional Services Rendered through April 2025 $30,800.00 151109 05/13/2025 Open Accounts Payable MARY MANZO $1,724.70 Invoice Date Description Amount
169 05/12/2025 Janitorial Services: 05/01/25-05/15/2025 $1,724.70 151110 05/15/2025 Open Utility Management
Refund
ARB INC $853.30
Account Type Account Number Description Transaction Date Transaction Type DV 20150252-001 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
05/14/2025 MISC
151111 05/15/2025 Open Utility Management
Refund
AREVALO, WILBER $28.46
Account Type Account Number Description Transaction Date Transaction Type R1NG 80001252-010 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
05/14/2025 MISC
151112 05/15/2025 Open Utility Management
Refund
DUPUIS, CHRISTINA $253.59
Account Type Account Number Description Transaction Date Transaction Type R1NG 00012970-004 EARLY REFUND FOR 12
CONSECUTIVE ON TIME
PAYMENTS
05/14/2025 REFUND ADJUSTMENT
151113 05/15/2025 Open Utility Management
Refund
GARCIA, JORGE, LUIS $114.72
Account Type Account Number Description Transaction Date Transaction Type R1NG 00013152-002 DEPOSIT REFUND FOR
CLOSED ACCT
05/12/2025 MISC
151114 05/15/2025 Open Utility Management
Refund
GARCIA, JOSEPH $169.85
Account Type Account Number Description Transaction Date Transaction Type RESIDENTIAL 70009094-002 DEPOSIT REFUND FOR
CLOSED ACCOUNT
05/12/2025 MISC
151115 05/15/2025 Open Utility Management
Refund
GLORIETTA MANAGEMENT GROUP $812.06
Account Type Account Number Description Transaction Date Transaction Type INDUSTRIAL / COMMERCIAL 10718219-001 DEPOSIT REFUND FOR
CLOSED ACCOUNT
05/12/2025 MISC
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109
Payment Register
City of Adelanto
From Payment Date: 5/23/2001 - To Payment Date: 5/22/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
151116 05/15/2025 Open Utility Management
Refund
GONZALEZ MOJICA OR ELIA
GONZALEZ, JUAN
$178.56
Account Type Account Number Description Transaction Date Transaction Type RESIDENTIAL 40014498-002 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
05/07/2025 MISC
151117 05/15/2025 Open Utility Management
Refund
GREAM, LAVONDA $22.94
Account Type Account Number Description Transaction Date Transaction Type RESIDENTIAL 60002037-003 DEPOSIT REFUND FOR
CLOSED ACCOUNT
05/13/2025 MISC
151118 05/15/2025 Open Utility Management
Refund
GUERRERO, ROSENDO $108.85
Account Type Account Number Description Transaction Date Transaction Type R1NG 10001170-003 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
05/07/2025 MISC
151119 05/15/2025 Open Utility Management
Refund
HARDEN, MARQUIS $138.59
Account Type Account Number Description Transaction Date Transaction Type R1NG 00114246-001 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
05/14/2025 MISC
151120 05/15/2025 Open Utility Management
Refund
HERNANDEZ RODRIGUEZ, MARCO
ANTONIO
$157.68
Account Type Account Number Description Transaction Date Transaction Type RESIDENTIAL 40007525-002 DEPOSIT REFUND FOR
CLOSED ACCT
05/07/2025 MISC
151121 05/15/2025 Open Utility Management
Refund
HERNANDEZ, MARCELA $188.49
Account Type Account Number Description Transaction Date Transaction Type R1NG 20009145-005 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
05/07/2025 MISC
151122 05/15/2025 Open Utility Management
Refund
HERNANDEZ, MIGUEL $191.49
Account Type Account Number Description Transaction Date Transaction Type R1NG 00014275-002 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
05/07/2025 MISC
151123 05/15/2025 Open Utility Management
Refund
JOHNSON, DEBORAH $100.06
Account Type Account Number Description Transaction Date Transaction Type R1NG 00013654-005 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
05/07/2025 MISC
151124 05/15/2025 Open Utility Management
Refund
KRIKORIAN, LETICIA $64.29
Account Type Account Number Description Transaction Date Transaction Type RESIDENTIAL 50001169-002 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
05/07/2025 MISC
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110
Payment Register
City of Adelanto
From Payment Date: 5/23/2001 - To Payment Date: 5/22/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
151125 05/15/2025 Open Utility Management
Refund
MORAN, NAHOMI $303.28
Account Type Account Number Description Transaction Date Transaction Type R2N 20238748-002 DEPOSIT REFUND FOR
EXCELLENT PAYMENT
HISTORY FOR 12
CONSECUTIVE MONTHS
05/07/2025 REFUND ADJUSTMENT
151126 05/15/2025 Open Utility Management
Refund
NGUYEN, JULIA $263.95
Account Type Account Number Description Transaction Date Transaction Type R2N 20210355-006 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
05/14/2025 MISC
151127 05/15/2025 Open Utility Management
Refund
NUNEZ, EDUARDO $51.01
Account Type Account Number Description Transaction Date Transaction Type RESIDENTIAL 70001261-003 DEPOSIT REFUND FOR
CLOSED ACCT
05/15/2025 MISC
151128 05/15/2025 Open Utility Management
Refund
OPENDOOR PROPERTY LLC $259.64
Account Type Account Number Description Transaction Date Transaction Type R1NG 10074524-003 DEPOSIT REFUND FOR
CLOSED ACCT
05/12/2025 MISC
151129 05/15/2025 Open Utility Management
Refund
PEDRAZA OR JESUS RICARDO
HERNANDEZ, NAYELY
$205.04
Account Type Account Number Description Transaction Date Transaction Type RESIDENTIAL 40013182-005 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
05/07/2025 MISC
151130 05/15/2025 Open Utility Management
Refund
RUELAS, MARIA $152.75
Account Type Account Number Description Transaction Date Transaction Type R2N 20213056-002 DEPOSIT REFUND FOR
CLOSED ACCT
05/06/2025 MISC
151131 05/15/2025 Open Utility Management
Refund
SRP SUB, LLC $220.72
Account Type Account Number Description Transaction Date Transaction Type RESIDENTIAL 40013156-001 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
05/07/2025 MISC
151132 05/15/2025 Open Utility Management
Refund
VALLEY INSURED PROPERTY
MANAGEMENT, INC.
$234.74
Account Type Account Number Description Transaction Date Transaction Type R1NG 80013303-002 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
05/12/2025 MISC
151133 05/15/2025 Open Utility Management
Refund
ZHANG, YANJING $240.16
Account Type Account Number Description Transaction Date Transaction Type R1NG 12015743-002 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
05/14/2025 MISC
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111
Payment Register
City of Adelanto
From Payment Date: 5/23/2001 - To Payment Date: 5/22/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
151134 05/15/2025 Open Accounts Payable LOPEZ / LOPEZ CONSULTING DBA
THE CONNOISSEURS CLUB,
KIRIAM
$3,000.00
Invoice Date Description Amount
1128 05/14/2025 Deposit - Catering and Decor for State of the City $3,000.00 151135 05/15/2025 Open Accounts Payable VERIZON WIRELESS $3,337.58 Invoice Date Description Amount
6113198941 05/10/2025 Phone Services from 04/11/25-05/10/25 $3,337.58 151136 05/20/2025 Open Accounts Payable KEC ENGINEERS, INC. $125,983.00 Invoice Date Description Amount
500303 05/06/2025 Engineering Services Rendered- April 2025 $74,545.00 500304 05/06/2025 Construction Inspection Services- April 2025 $51,438.00 Type Check Totals: 30 Transactions $170,720.50
04000013-01 - CITY OF ADELANTO GENERAL CHKG Totals
Checks Status Count Transaction Amount Reconciled Amount Open 30 $170,720.50 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 30 $170,720.50 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 30 $170,720.50 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 30 $170,720.50 $0.00
Grand Totals:
Checks Status Count Transaction Amount Reconciled Amount Open 30 $170,720.50 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 30 $170,720.50 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 30 $170,720.50 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 30 $170,720.50 $0.00
user: AP Pages: 4 of 4 Thursday, May 22, 2025
112
Payment Register
City of Adelanto
From Payment Date: 5/23/2001 - To Payment Date: 5/22/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
04000013-01 - CITY OF ADELANTO GENERAL CHKG
EFT
3859 05/07/2025 Open Accounts Payable CalPERS-PUBLIC EMPLOYEES
RETIREMENT SYSTEM
$7,365.40
Invoice Date Description Amount
100000017894337 05/01/2025 CALPERS CURRENT CONTRIB PR of 5/8/25 PEPRA $7,365.40 3860 05/07/2025 Open Accounts Payable CalPERS-PUBLIC EMPLOYEES
RETIREMENT SYSTEM
$5,610.65
Invoice Date Description Amount
100000017894277 05/01/2025 CALPERS CURRENT CONTRIB PR of 5/8/25 Classic $5,610.65 3861 05/07/2025 Open Accounts Payable CalPERS-PUBLIC EMPLOYEES
RETIREMENT SYSTEM
$2,159.22
Invoice Date Description Amount
100000017896072 05/01/2025 PERS Health Allocation Bill Period 5/01/25 to 5/31/25 $2,159.22 3862 05/07/2025 Open Accounts Payable CalPERS-PUBLIC EMPLOYEES
RETIREMENT SYSTEM
$36,701.39
Invoice Date Description Amount
100000017896069 05/01/2025 PERS Health Allocation Bill Period 5/1/25 to 5/31/25 $36,701.39 3863 05/13/2025 Open Accounts Payable SOUTHWEST GAS CORPORATION $688.45 Invoice Date Description Amount
4500-04252025 04/25/2025 Consolidated SWG Bill - 04/25/2025 $688.45 3864 05/13/2025 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $31.87 Invoice Date Description Amount
2613-04302025 04/30/2025 Acct. 8002041881 14511 HWY395 LS-3 $31.87 3865 05/13/2025 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $99.03 Invoice Date Description Amount
1385-04302025 04/30/2025 Acct. 8002024613 16912 HWY 395 $99.03 3866 05/13/2025 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $81.96 Invoice Date Description Amount
6546-04302025 04/30/2025 Acct. 8002041024 14511 HWY 395 TC1 $81.96 3867 05/13/2025 Reconciled 05/13/2025 Accounts Payable BANK UP CORPORATION $750.00 $750.00 $0.00 Invoice Date Description Amount
6687 04/30/2025 Variable Flex - April 2025 $750.00
3868 05/13/2025 Reconciled 05/13/2025 Accounts Payable CALLTOWER, INC. $537.15 $537.15 $0.00 Invoice Date Description Amount
202511352 04/25/2025 Webex Portal Services: 04/26/25-05/25/25 $537.15 3869 05/13/2025 Reconciled 05/13/2025 Accounts Payable CHARTER COMMUNICATIONS $6,599.75 $6,599.75 $0.00 Invoice Date Description Amount
170387801050125 05/01/2025 Services for All Departments: 05/04/25-06/03/25 $6,599.75 3870 05/13/2025 Reconciled 05/13/2025 Accounts Payable CLARITI CLOUD USA, INC. $45,000.00 $45,000.00 $0.00 Invoice Date Description Amount
300-000180 05/06/2025 Camino Permit and Licensing Portal - 07/01/25- 06/30/26
$45,000.00
user: AP Pages: 1 of 7 Thursday, May 22, 2025
113
Payment Register
City of Adelanto
From Payment Date: 5/23/2001 - To Payment Date: 5/22/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
3871 05/13/2025 Reconciled 05/13/2025 Accounts Payable CORELOGIC SOLUTIONS, LLC. $225.00 $225.00 $0.00 Invoice Date Description Amount
82248970 04/30/2025 RealQuest Online Services - April 2025 $225.00 3872 05/13/2025 Reconciled 05/13/2025 Accounts Payable DEWEY PEST CONTROL, INC. $378.00 $378.00 $0.00 Invoice Date Description Amount
17367973 05/01/2025 Services Rendered at Senior Center - May 2025 $137.00 17366488 05/01/2025 Services Rendered at City Hall - May 2025 $241.00 3873 05/13/2025 Reconciled 05/13/2025 Accounts Payable DSD-DISTRIBUTED SOLAR
DEVELOPMENT, LLC
$44,816.66 $44,816.66 $0.00
Invoice Date Description Amount
DSD006925 05/04/2025 Consolidated Net Generation - April 2025 $44,816.66 3874 05/13/2025 Reconciled 05/13/2025 Accounts Payable FERGUSON ENTERPRISES, INC. $60.83 $60.83 $0.00 Invoice Date Description Amount
5388943 05/06/2025 Supplies for Community Center $60.83 3875 05/13/2025 Reconciled 05/13/2025 Accounts Payable GA OSBORNE PIPE & SUPPLY INC. $192.10 $192.10 $0.00 Invoice Date Description Amount
101-70572-01 04/30/2025 Supplies for Maintenance for Water $192.10 3876 05/13/2025 Reconciled 05/13/2025 Accounts Payable INFOSEND $2,428.12 $2,428.12 $0.00 Invoice Date Description Amount
285493 04/30/2025 Utility Billing Statements-Processing/Postage $2,428.12 3877 05/13/2025 Reconciled 05/13/2025 Accounts Payable LAN WAN ENTERPRISES INC $46,919.60 $46,919.60 $0.00 Invoice Date Description Amount
76163 05/01/2025 Website & Mobile App - May 2025 $15,777.00 76150 04/30/2025 IT Services - May 2025 $29,066.60
76214 05/01/2025 Monthly Recurring Add-ons - May 2025 $2,076.00 3878 05/13/2025 Reconciled 05/13/2025 Accounts Payable MARIA DEL CARMEN ESQUIVEL $1,000.00 $1,000.00 $0.00 Invoice Date Description Amount
212 05/02/2025 Interpreting Services for Council Meetings $1,000.00 3879 05/13/2025 Reconciled 05/13/2025 Accounts Payable RIGHT OF WAY, INC. $1,792.06 $1,792.06 $0.00 Invoice Date Description Amount
73679 05/02/2025 Warning Signs for Streets $1,792.06
3880 05/13/2025 Reconciled 05/13/2025 Accounts Payable ROADPOST USA INC. dba
BLUECOSMO
$68.50 $68.50 $0.00
Invoice Date Description Amount
BU01784836 05/07/2025 Satellite Phone Service for Sheriffs Dept.05/07/25- 06/06/25
$68.50
3881 05/13/2025 Reconciled 05/13/2025 Accounts Payable ROBERT CURIEL $70.00 $70.00 $0.00 Invoice Date Description Amount
05082025 05/08/2025 Reimbursement for DOT Physical $70.00 3882 05/13/2025 Reconciled 05/13/2025 Accounts Payable SPARKLETTS $371.17 $371.17 $0.00 Invoice Date Description Amount
22733495 050925 05/09/2025 Water Delivery Service - April 2025 $371.17 3883 05/13/2025 Reconciled 05/13/2025 Accounts Payable TKE ENGINEERING INC $395.00 $395.00 $0.00 Invoice Date Description Amount
2025-427 05/08/2025 164-34 Adelanto Rd Water Main - March 2025 $395.00 user: AP Pages: 2 of 7 Thursday, May 22, 2025
114
Payment Register
City of Adelanto
From Payment Date: 5/23/2001 - To Payment Date: 5/22/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
3884 05/13/2025 Reconciled 05/13/2025 Accounts Payable WELLS FARGO FINANCIAL LEASING, INC.
$3,612.77 $3,612.77 $0.00
Invoice Date Description Amount
5034199893 05/02/2025 Lease: Coverage Period 04/27/25-05/26/25 $3,612.77 3885 05/13/2025 Reconciled 05/13/2025 Accounts Payable WOOD RODGERS INC $18,260.00 $18,260.00 $0.00 Invoice Date Description Amount
191458 03/31/2025 Adelanto Groundwater Production Well - March 2025 $18,260.00 3886 04/01/2025 Open Accounts Payable METLIFE $4,341.68 Invoice Date Description Amount
MetLife 2025 Apr 04/01/2025 MetLife Allocation Billing 4/1/25 to 4/30/25 $4,341.68 3887 04/14/2025 Open Accounts Payable COLONIAL LIFE $533.92 Invoice Date Description Amount
76646180313451 04/01/2025 Colonial Allocation Period of 4/01/25 to 4/30/25 $533.92 3888 04/22/2025 Open Accounts Payable CalPERS-PUBLIC EMPLOYEES
RETIREMENT SYSTEM
$1,729.25
Invoice Date Description Amount
100000017874697 04/01/2025 Unfunded Accrued Liability- Plan 3470 FY25 $1,729.25 3889 04/22/2025 Open Accounts Payable CalPERS-PUBLIC EMPLOYEES
RETIREMENT SYSTEM
$289.67
Invoice Date Description Amount
100000017874715 04/01/2025 Unfunded Accrued Liability- Plan 27331 FY25 $289.67 3890 04/22/2025 Open Accounts Payable CalPERS-PUBLIC EMPLOYEES
RETIREMENT SYSTEM
$4,145.08
Invoice Date Description Amount
100000017874707 04/01/2025 Unfunded Accrued Liability- Plan 4073 FY25 $4,145.08 3891 04/22/2025 Open Accounts Payable CalPERS-PUBLIC EMPLOYEES
RETIREMENT SYSTEM
$7,318.78
Invoice Date Description Amount
100000017858478 04/01/2025 CALPERS CURRENT CONTRIB PR of 4/10/25 PEPRA
$7,318.78
3892 04/22/2025 Open Accounts Payable CalPERS-PUBLIC EMPLOYEES
RETIREMENT SYSTEM
$5,610.65
Invoice Date Description Amount
100000017858442 04/01/2025 CALPERS CURRENT CONTRIB PR of 4/10/25 Classic
$5,610.65
3893 04/22/2025 Open Accounts Payable CalPERS-PUBLIC EMPLOYEES
RETIREMENT SYSTEM
$5,610.65
Invoice Date Description Amount
100000017858460 04/01/2025 CALPERS CURRENT CONTRIB PR of 4/24/25 Classic
$5,610.65
3894 04/22/2025 Open Accounts Payable CalPERS-PUBLIC EMPLOYEES
RETIREMENT SYSTEM
$7,326.52
Invoice Date Description Amount
100000017858498 04/01/2025 CALPERS CURRENT CONTRIB PR of 4/24/25 PEPRA
$7,326.52
user: AP Pages: 3 of 7 Thursday, May 22, 2025
115
Payment Register
City of Adelanto
From Payment Date: 5/23/2001 - To Payment Date: 5/22/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
3895 05/15/2025 Reconciled 05/15/2025 Accounts Payable AMERICAN LEGAL PUBLISHING
CORPORATION
$550.00 $550.00 $0.00
Invoice Date Description Amount
42497 05/07/2025 Internet Renewal Period: 06/30/25-06/30/26 $550.00 3896 05/15/2025 Reconciled 05/15/2025 Accounts Payable CALIFORNIA LABORATORIES AND
DEVELOPMENT INC
$685.00 $685.00 $0.00
Invoice Date Description Amount
C050325 05/09/2025 Certification Schedule $685.00
3897 05/15/2025 Reconciled 05/15/2025 Accounts Payable GEO-LOGIC ASSOCIATES, INC $5,500.00 $5,500.00 $0.00 Invoice Date Description Amount
0276748 05/05/2025 Well Geotracker - Services Rendered through January 2025
$5,500.00
3898 05/15/2025 Reconciled 05/15/2025 Accounts Payable GIC CORPORATION $4,456.91 $4,456.91 $0.00 Invoice Date Description Amount
123658 05/04/2025 Hauling of Bio Solids - April 2025 $4,456.91 3899 05/15/2025 Reconciled 05/15/2025 Accounts Payable HARDY & HARPER, INC. $312,333.64 $312,333.64 $0.00 Invoice Date Description Amount
51257 05/12/2025 Dennis Street and Kay Street Pavement Rehabilitation $312,333.64 3900 05/15/2025 Reconciled 05/15/2025 Accounts Payable INFOSEND $1,118.17 $1,118.17 $0.00 Invoice Date Description Amount
286706 05/09/2025 Insert Printing with Statements for Senior Center $1,118.17 3901 05/15/2025 Reconciled 05/15/2025 Accounts Payable NURSERY PRODUCTS, LLC $9,095.45 $9,095.45 $0.00 Invoice Date Description Amount
57633 05/01/2025 Biosolids for April 2025 $9,095.45
3902 05/15/2025 Reconciled 05/15/2025 Accounts Payable STATE CONTROLLER'S OFFICE
DIVISION OF ACCOUNTING
$65.39 $65.39 $0.00
Invoice Date Description Amount
FTB-00007906 05/07/2025 FTB Offsets Program $65.39
3903 05/15/2025 Reconciled 05/15/2025 Accounts Payable WOOD RODGERS INC $322.50 $322.50 $0.00 Invoice Date Description Amount
192395 04/30/2025 Adelanto Groundwater Production Well - April 2025 $322.50 3904 05/07/2025 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $33.56 Invoice Date Description Amount
4871-04242025 04/24/2025 Acct. 8000007108 11600 Air Expressway $33.56 3905 05/12/2025 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $218.87 Invoice Date Description Amount
5771-04282025 04/28/2025 Consolidated SCE Bill - Acct. #700164805771 $218.87 3906 05/07/2025 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $1,713.11 Invoice Date Description Amount
2784-04242025 04/24/2025 Acct. 8001612945 11600 Air Expressway $1,713.11 3907 05/07/2025 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $62.51 Invoice Date Description Amount
9556-04242025 04/24/2025 Acct. 8018779006 11675 Chamberlaine Way $62.51 user: AP Pages: 4 of 7 Thursday, May 22, 2025
116
Payment Register
City of Adelanto
From Payment Date: 5/23/2001 - To Payment Date: 5/22/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
3908 05/20/2025 Reconciled 05/20/2025 Accounts Payable HOBSEQUIO LLC $24,694.00 $24,694.00 $0.00 Invoice Date Description Amount
4292024 05/12/2025 Professional Consulting Services Rendered- April 2025 $6,480.00 2142025 05/13/2025 Consulting Services for Cannabis Compliance- April 2025
$18,214.00
3909 05/20/2025 Reconciled 05/20/2025 Accounts Payable INFRASTRUCTURE ENGINEERS, A
BOWMAN COMPANY
$109,725.33 $109,725.33 $0.00
Invoice Date Description Amount
491962 04/30/2025 1000.03 B&S Support Services-Staff AugmentationApril 2025$79,690.00 492125 04/30/2025 1000.03 B&S Support Services- Engineering $1,347.00 488607 04/30/2025 1000.03 B&S Support Services- Plan Check- 4/1/25- 4/15/25
$8,657.42
488812 04/30/2025 1000.03 B&S Support Services- Plan Check- 4/16/25- 4/30/25
$20,030.91
3910 05/20/2025 Reconciled 05/20/2025 Accounts Payable JACKSON LEWIS, P.C. $6,573.00 $6,573.00 $0.00 Invoice Date Description Amount
8774187 05/13/2025 Professional Services Rendered through March 2025 $6,573.00 3911 05/20/2025 Reconciled 05/20/2025 Accounts Payable LOCAL EQUITY LLC $1,353.74 $1,353.74 $0.00 Invoice Date Description Amount
05102025 05/09/2025 Monthly Technical Assistance - Retainer for April 2025 $1,353.74 3912 05/20/2025 Reconciled 05/20/2025 Accounts Payable RUTAN & TUCKER, LLP. $9,120.00 $9,120.00 $0.00 Invoice Date Description Amount
1027706 05/13/2025 Professional Services Rendered through April 2025 $5,408.00 1027707 05/13/2025 Professional Services Rendered through April 2025- RDA
$435.00
1027708 05/13/2025 Professional Services Rendered through April 2025- Billboards
$145.00
1027709 05/13/2025 Professional Services Rendered through April 2025 $3,132.00 3913 05/16/2025 Open Accounts Payable PAYMENTUS $8.25
Invoice Date Description Amount
INV-15-163757 04/30/2025 Transaction Fees for April 2025 $8.25 3914 05/19/2025 Open Accounts Payable US BANK TRUST N.A. $242,083.33 Invoice Date Description Amount
05192025 05/19/2025 Bond Payments - APUA 2014 Series A & 2017 Series A&B
$242,083.33
3915 05/20/2025 Reconciled 05/20/2025 Accounts Payable ALLCABLE INC $871.71 $871.71 $0.00 Invoice Date Description Amount
4048624 05/19/2025 Proximity Thin Cards $871.71
3916 05/20/2025 Reconciled 05/20/2025 Accounts Payable ANGEL ROCK & SAND $535.06 $535.06 $0.00 Invoice Date Description Amount
33366 05/01/2025 Additional Cement Bags Added $267.53
33365 05/01/2025 Additional Cement Bags Added $267.53
3917 05/20/2025 Reconciled 05/20/2025 Accounts Payable CALIFORNIA TOOL & WELDING $118.05 $118.05 $0.00 Invoice Date Description Amount
959603 05/13/2025 Supplies for Maintenance for Parks $118.05 user: AP Pages: 5 of 7 Thursday, May 22, 2025
117
Payment Register
City of Adelanto
From Payment Date: 5/23/2001 - To Payment Date: 5/22/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
3918 05/20/2025 Reconciled 05/20/2025 Accounts Payable CINTAS CORP #150 $950.07 $950.07 $0.00 Invoice Date Description Amount
4227598522 04/16/2025 Weekly Mat and Uniform Service - April 2025 $143.74 4228333073 04/23/2025 Weekly Mat and Uniform Service - April 2025 $273.05 4229072167 04/30/2025 Weekly Mat and Uniform Service - April 2025 $533.28 3919 05/20/2025 Reconciled 05/20/2025 Accounts Payable COUNTY OF SAN BERNARDINO (RECORDER)
$220.00 $220.00 $0.00
Invoice Date Description Amount
25-112887 05/13/2025 County Recording Fee - May 2025 $120.00 25-101025 04/30/2025 County Recording Fee - April 2025 $100.00 3920 05/20/2025 Reconciled 05/20/2025 Accounts Payable DAILY PRESS/DESERT DISPATCH $2,942.22 $2,942.22 $0.00 Invoice Date Description Amount
0007099723 05/01/2025 Public Notices - April 2025 $2,942.22 3921 05/20/2025 Reconciled 05/20/2025 Accounts Payable EXECUTIVE ELEVATOR, INC. $186.00 $186.00 $0.00 Invoice Date Description Amount
1082440 05/15/2025 Monthly Elevator Maint. for Sheriffs Station - June 2025
$186.00
3922 05/20/2025 Reconciled 05/20/2025 Accounts Payable FIELDMAN, ROLAPP & ASSOCIATES, INC.
$300.00 $300.00 $0.00
Invoice Date Description Amount
30578 04/01/2025 Significant Event Notices $300.00
3923 05/20/2025 Reconciled 05/20/2025 Accounts Payable GARDA WORLD $170.34 $170.34 $0.00 Invoice Date Description Amount
20637810 04/30/2025 Excess Time & Excess Items Fees - April 2025 $170.34 3924 05/20/2025 Reconciled 05/20/2025 Accounts Payable INFOSEND $4,545.13 $4,545.13 $0.00 Invoice Date Description Amount
286936 05/15/2025 Utility Billing Statements-Processing/Postage $4,545.13 3925 05/20/2025 Reconciled 05/20/2025 Accounts Payable MASCO & SONS $370.00 $370.00 $0.00 Invoice Date Description Amount
05132025 05/13/2025 WWTP - Cleaning and Maintenance on Equipment $370.00 3926 05/20/2025 Reconciled 05/20/2025 Accounts Payable MOJAVE WATER AGENCY $26,690.00 $26,690.00 $0.00 Invoice Date Description Amount
05122025 05/12/2025 Water Purchase from - 03/31/25-04/30/25 $26,690.00 3927 05/20/2025 Reconciled 05/20/2025 Accounts Payable NAPA AUTO PARTS, INC. $66.29 $66.29 $0.00 Invoice Date Description Amount
638368 05/08/2025 Rocker LED Black/Blue $14.13
577947 04/01/2024 DEXVIATF $52.16
3928 05/20/2025 Reconciled 05/20/2025 Accounts Payable OFFICE TEAM - A ROBERT HALF
COMPANY
$2,414.76 $2,414.76 $0.00
Invoice Date Description Amount
64962832 05/13/2025 Professional Services Rendered through - 05/05/25- 05/09/25
$2,414.76
3929 05/20/2025 Reconciled 05/20/2025 Accounts Payable PITNEY BOWES, INC. $143.08 $143.08 $0.00 Invoice Date Description Amount
1027403985 05/05/2025 Red Ink Cartridge for Stamp Machince $143.08 user: AP Pages: 6 of 7 Thursday, May 22, 2025
118
Payment Register
City of Adelanto
From Payment Date: 5/23/2001 - To Payment Date: 5/22/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
3930 05/20/2025 Reconciled 05/20/2025 Accounts Payable VCA MESA ANIMAL HOSPITAL $1,258.91 $1,258.91 $0.00 Invoice Date Description Amount
5616625704 01/27/2025 Normal Hours Emergency Vet Tx $596.91 5616626884 03/12/2025 Normal Hours Emergency Vet Tx $35.45 5616626888 03/12/2025 Normal Hours Emergency Vet Tx $154.82 5616626997 03/17/2025 Normal Hours Emergency Vet Tx $56.06 5616627014 03/17/2025 Normal Hours Emergency Vet Tx $35.45 5616627018 03/18/2025 Normal Hours Emergency Vet Tx $344.77 5616627205 03/25/2025 Normal Hours Emergency Vet Tx $35.45 Type EFT Totals: 72 Transactions $1,034,615.26 $700,851.46 $0.00 04000013-01 - CITY OF ADELANTO GENERAL CHKG Totals
EFTs Status Count Transaction Amount Reconciled Amount
Open 23 $333,763.80 $0.00
Reconciled 49 $700,851.46 $700,851.46
Voided 0 $0.00 $0.00
Total 72 $1,034,615.26 $700,851.46
All Status Count Transaction Amount Reconciled Amount
Open 23 $333,763.80 $0.00
Reconciled 49 $700,851.46 $700,851.46
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 72 $1,034,615.26 $700,851.46
Grand Totals:
EFTs Status Count Transaction Amount Reconciled Amount
Open 23 $333,763.80 $0.00
Reconciled 49 $700,851.46 $700,851.46
Voided 0 $0.00 $0.00
Total 72 $1,034,615.26 $700,851.46
All Status Count Transaction Amount Reconciled Amount
Open 23 $333,763.80 $0.00
Reconciled 49 $700,851.46 $700,851.46
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 72 $1,034,615.26 $700,851.46
user: AP Pages: 7 of 7 Thursday, May 22, 2025
119
ADELANTO PUBLIC UTILITY AUTHORITY
DATE: May 28, 2025
Honorable Chairman and Public Utility Authority Members Adelanto Public Utility Authority
Davien Rodriguez, Chief Plant Operator, PERC Water
TO:
FROM:
BY:
SUBJECT: APUA MONTHLY WATER SYSTEM REPORT - WATER
ATTACHMENTS:
1. APUA Monthly Water System Report – April 2025
120
Adelanto Water System
Monthly Asset Management Report
prepared for the City of Adelanto, California
121
Mr. Jessie Flores
City Manager, City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
RE: April 2025 ADELANTO WATER SYSTEM MONTHLY ASSET MANAGEMENT REPORT Dear Mr. Flores,
Please find the Adelanto Water Treatment System Monthly Asset Management Report enclosed.
The purpose of this report is to inform the City of Adelanto of its Potable Water Treatment and Distribution system’s performance this month.
Since the current performance of Adelanto's water system influences the future of the Adelanto's population, industrial and commercial growth, the health and compliance of this facility is of utmost importance to us. If you have any questions or concerns, contact me via cell (714) 319-5578 or email [email protected].
PERC Water is dedicated to the highest caliber of customer service with quality and accuracy. If you have any inquiries regarding our services or the content of this report, please do not hesitate to contact Iris Ramos, Regional Director at (661) 651-0243 or [email protected].
Thank you for entrusting the City of Adelanto's Portable Water System to PERC Water. We appreciate your business and look forward to providing you with quality management and excellent customer service.
Sincerely,
Davien Rodriguez
Chief Plant Operator
PERC Water Corporation
Asset Management Division
CC:
Iris Ramos, Regional Director, PERC Water Corporation
Saba Engineer, Contract City Engineer, IE
17520 Newhope Street, Suite 180 Fountain Valley, CA 92708 | Office: 714.352.7750 | Fax: 714.352.7765 | www.percwater.com 122
Adelanto Water System
Monthly Asset Management Report
TABLE OF CONTENTS
Section A
CIP Report
Section B
Executive Summary
Section C
Iron & Manganese Report
Section D
Distribution System Report
Section E
Completed Work Orders
Section F
Monthly Coliform Report
Section G
Explanation of Terms and Acronyms
123
Section A
CIP Report
124
Adelanto
Water System
Capital Improvement Plan (CIP) Report
Section A CIP Report
Monthly Asset Management Report
In the past 10 years, the City of Adelanto’s population has grown by more than 25% (U.S. Census).
The City’s current water treatment system, already straining to accommodate Adelanto residents, will not supply enough water for incoming businesses and continued population growth. The following is a summary of the needed repairs and updates (Type 1 and Type 2) associated with the water system, the estimated cost and status. These repairs and updates are essential to the future of Adelanto’s water supply. Below is an updated list of the CIP items:
Type 1 CIP Items: Repairs and/or replacements for which: i) the scope of work is presently known/defined without the need for the additional engineering support; and/or ii) qualified service providers/contractors can readily be solicited to provide cost quotations to complete the required scope of work pursuant to the City’s established procurement processes.
TYPE 1 CIP Water System
PROJECT
LOCATION TYPE OF PROJECT PROJECT DESCRIPTION
ESTIMATED
COST STATUS
Water Meter
Infrastructure
Upgrade
Install upgraded
Water Meter
Infrastructure
Install AMI
Infrastructure for
remote meter reading
and leak detection
$1,750,000 Currently in the first phase
of the project
Air Expressway Water Operations
Building
Proper and safe building
to effectively operate
water operations.
$4,000,000
Property must be
acquired by the City of
Adelanto
.75Mil Tank Replacement of
Tank
Replace undersized
.75Mil with 2.0MG
Pending
quote
City of Adelanto needs
to acquire property
near existing site
Water Supply
Well
Water Supply Drill and equip a new water
supply well
$2,000,000 Held Kickoff meeting
125
Adelanto Section A CIP Report
Water System Monthly Asset Management Report
Type 2 CIP items: CIP items for which engineering design, specification and/or permitting must be completed prior to the solicitation of bid and award of contracts.
TYPE 2 CIP
PROJECT
LOCATION TYPE OF PROJECT PROJECT DESCRIPTION ESTIMATED
COST STATUS
Booster
Station 1200
Replace electrical
switch gear, starters
and controls
Outdated and unsafe
equipment. Failure will result
in expenses in tie-in water.
$300,000
Engineering is reviewing
and recommends
priority in CIP list
Well 14A
Connect 14a to
Layneox Fe/Mn
treatment system
Could be necessary in order to
comply with blending permit
and run wells 4 & 5a
(depending on fluoride levels).
$40,000
Increase efficiency of
the well and water
supply
Layneox
Fe/Mn
Treatment
System
Prepare workplan
for bypass,
demolition and
replacement of
storage tanks
The tanks were inspected in
2015; repairs and recoats are
needed.
$185,000
(both
tanks)
Quote requested in
December; project to
commence after
completion of R3;
proposed work
Zone 1
Northside
Pipeline
Replacement
Replace ages
mainline, services,
hydrant, valves, etc.
The infrastructure is aged,
undersized and failing.
$4,000,000
(annually)
Need to begin
engineering
RESERVOIRS
Develop workplan
for bypass,
sandblast, recoat
750,000 gallon
reservoir
This tank needs to be recoated
inside. Engineering of bypass
and scheduling for interior
coating.
$20,000
Requires a special
bypass to take offline
for any kind of
maintenance. Project
expected to begin 2019.
RESERVOIRS
Install mixing system
on water storage
tanks
Reservoir mixer (tank shark)
total of 5 mixers; eliminates
reduce stratification of water
storage tanks
$261,842
Quotes requested:
$41,550 for 3 Mill
$220,292 for both 5
Mills
Water
Treatment
Plant Tank
Replacement
Finished water tank
and Raw water tank
are deteriorating
Both tank need to be torn
down and replaced
$1,500,000 Need to develop a
strategic plan
Fe/Mn
Treatment
Plant
Fluoride Treatment
Treatment to reduce fluoride
to meet state standards;
increase water production
$275,000 Need to develop RFP
To move forward with any of these improvements or for questions regarding these projects, please contact Iris Ramos, Regional Director.
126
Section B
Executive Summary
127
Section B Executive Summary
Adelanto Water System Monthly Asset Management Report
Executive Summary
This month, the Adelanto Water System treated 47.197 million gallons of water. The system remained online each day of the month. Combined with the water produced from wells that run directly into the water distribution system, Adelanto produced 29.956 million gallons. Additionally,
52.730 million gallons of water was purchased from Mojave Water Agency through the R3 project this month.
Equipment failures, changes and repairs are outlined in the CIP Report and the following sections:
Distribution System Report, Repairs
PERC Water Corporation employees made a number of repairs to existing lines and responded to customer input, as needed. Throughout the month, a total of 6 wells were online. There are also 8 reservoirs and 8 booster pumps currently in service.
Facility Staffing
Water Production and Usage
This month’s water production and usage is summarized in the tables below. All samples were in compliance with the quality standards set forth in our operating contract and permit. **Please note: ND = non detect; the lab sample had so little of the constituent being tested the instrumentation could not detect it.**
Water Production and Usage Amount
Treated Potable Water (runs
through treatment system) 47.197 MG
Non-treated Potable Water 29.956 MG
VV Intertie Water Accepted 0 MG
R3 Intertie Water Accepted 52.730 MG
Total Water Produced –
Potable from ALL sources 129.883 MG
Potable Wells in Service 6
Reservoirs in Service 8
Booster Pumps in Service 8
Compliance Sampling
Monthly Averages (mg/l)
Fluoride 0.43
Arsenic 0.00
Iron 0.00
Manganese 0.00
128
Section B Executive Summary
Adelanto Water System Monthly Asset Management Report
Water Distribution
This month’s water distribution system activities are summarized in the tables below.
Description Quantity
Meter Changeout 7
Backflow Letters Sent 24
City Backflows Tested 0
City Backflows Repaired 0
After Hours Calls 31
Power/Comm 1
Security 0
Treatment/Wells/Booster 2
Mainline Leaks 0
Service Line Leaks 4
Customer Side Leaks 6
Fire Hydrants Damaged 0
Fire Hydrants Repaired 0
Fire Hydrants Flushed 9
Dig Alert/811 152
Tract Meter Sets 5
Other 3
Billing and Customer Service
Due to the updated New World system, work orders cannot currently be generated by type.
Therefore, this section of the executive summary will show the total completed customer service work orders completed by PERC Water staff.
Completed work order total for April: 199
For inquiries regarding specific work orders, please contact Davien Rodriguez at (714) 319-5578. 129
Section C
Iron & Manganese Report
130
Section C Iron & Manganese Report
Adelanto Water System Monthly Asset Management Report
Iron and Manganese (I & M) Treatment Plant Activity Summary During the month of April, state certified treatment operations staff operated the Iron and Manganese treatment plant. Detailed information regarding the operation is below:
The Adelanto water treatment plant treated 47.197 million gallons of raw water. All effluent samples from the I & M plant were within operational guidelines for Iron and Manganese.
Weekly samples were collected and sent to a certified laboratory. Daily grab samples were analyzed for:
o Iron
o Manganese
o Chlorine residual (compared to online chlorine sensor) o Turbidity
Current Issues with the Iron and Manganese (I & M) System These issues need to be given priority as they are essential to water system function and water quality.
The chlorine storage tanks need to be replaced as chlorine in liquid form degenerates rapidly
Both raw and finished water tanks have been inspected and are both severely corroded and need to be replaced.
1200 Booster #1 switchgear is not to code and needs to be replaced. 131
City of Adelanto Adelanto Iron and Manganese Filtration Plant System Number 3610001
Operated by: PERC Water
Start date 4/1/2025
Plant Status Filter Influent
Date Online/Offline
Free CL2
Residual
(Daily)
Turbidity,
NTU (Daily)
Treated
Water
Reservoir
CL2
Iron, ug/L
(Weekly)
Manganese
ug/L
(Weekly)
Total
Coliforms
(Monthly)
HPC
(Monthly)
4/1/2025 Online 0.05 0.09 2.04 ND ND Absent ND4/2/2025 Online 0.05 0.09 1.854/3/2025 Online 0.06 0.05 2.014/4/2025 Online 0.07 0.08 1.994/5/2025 Online 0.04 0.11 1.854/6/2025 Online 0.05 0.05 1.934/7/2025 Online 0.02 0.10 2.054/8/2025 Online 0.05 0.08 2.20 ND ND Absent ND4/9/2025 Offline 0.12 0.07 2.10 4/10/2025 Offline 0.06 0.09 2.034/11/2025 Offline 0.04 0.09 2.204/12/2025 Offline 0.03 0.25 2.204/13/2025 Online 0.03 0.18 2.134/14/2025 Online 0.13 0.17 1.884/15/2025 Online 0.07 0.05 2.03 ND ND Absent ND4/16/2025 Online 0.06 0.06 2.144/17/2025 Online 0.18 0.07 2.004/18/2025 Online 0.10 0.07 1.984/19/2025 Online 0.11 0.12 2.004/20/2025 Online 0.15 0.09 2.014/21/2025 Online 0.12 0.07 1.984/22/2025 Online 0.06 0.09 2.00 ND ND Absent ND4/23/2025 Online 0.19 0.09 2.104/24/2025 Online 0.11 0.13 1.984/25/2025 Online 0.06 0.11 2.104/26/2025 Online 0.09 0.13 2.124/27/2025 Online 0.05 0.11 2.084/28/2025 Online 0.13 0.10 2.074/29/2025 Online 0.17 0.21 2.20 ND ND Absent ND4/30/2025 Online 0.29 0.10 1.98 Filter Effluent (3610001-021) Filter Effluent (3610001-021) Notes
132
City of Adelanto Adelanto Iron and Manganese Filtration Plant System Number 3610001
Operated by: PERC Water
WELL 1G 361001-016 1-Apr-25 Online ND 37 Absent ND
3G2 361001-021 1-Apr-25 Online ND 48 Absent ND
4G 361001-013 1-Apr-25 Online ND 23 Absent ND
8G2 361001-022 1-Apr-25 Online ND 790 Absent ND
Location Primary Station Code Date Status (Online/Offline) Iron, ug/L Manganese, ug/L Total Coliforms (P or A) HPC 133
Section D
Distribution System Report
134
State of California -- State Water Resources Control Board Division of Drinking Water Programs Water System Name: City of Adelanto System N 360001 Month/Year: Apr-25 Facility Name: 0.75 Mil Reservoir Blending Facility Constituent Blended: Fluoride MCL 2 mg/L Quantity of
Water (gpd)
Conc.
(mg/L) A X B = Quantity of Water (gpd) Conc. (mg/L) D X E = Quantity of Water (gpd) Conc. (mg/L) G X H = Quantity of Water (gpd) Conc. (mg/L) J X K = C+F+I+L= A+D+G+J=
A B C D E FG H I J K L M N
1 0 0.00 0 634,000 0.45 285,300 0 0.00 0 237,304,813 0.40 94,921,925 95,207,225 237,938,813 0.400 0.44 2 0 0.00 0 643,000 0.45 289,350 0 0.00 0 236,919,786 0.40 94,767,914 95,057,264 237,562,786 0.4003 0 0.00 0 729,000 0.45 328,050 0 0.00 0 272,983,957 0.40 109,193,583 109,521,633 273,712,957 0.4004 0 0.00 0 660,000 0.45 297,000 0 0.00 0 238,074,866 0.40 95,229,947 95,526,947 238,734,866 0.4005 0 0.00 0 647,000 0.45 291,150 0 0.00 0 235,122,995 0.40 94,049,198 94,340,348 235,769,995 0.4006 0 0.00 0 666,000 0.45 299,700 0 0.00 0 247,315,508 0.40 98,926,203 99,225,903 247,981,508 0.4007 0 0.00 0 759,000 0.45 341,550 0 0.00 0 339,465,241 0.40 135,786,096 136,127,646 340,224,241 0.4008 0 0.00 0 483,000 0.45 217,350 0 0.00 0 21,818,182 0.40 8,727,273 8,944,623 22,301,182 0.401 0.489 0 0.00 0 799,000 0.45 359,550 0 0.00 0 391,700,535 0.40 156,680,214 157,039,764 392,499,535 0.400 10 0 0.00 0 497,000 0.45 223,650 0 0.00 0 183,914,439 0.40 73,565,775 73,789,425 184,411,439 0.40011 0 0.00 0 673,000 0.45 302,850 0 0.00 0 250,395,722 0.40 100,158,289 100,461,139 251,068,722 0.40012 0 0.00 0 700,000 0.45 315,000 0 0.00 0 251,037,433 0.40 100,414,973 100,729,973 251,737,433 0.40013 0 0.00 0 638,000 0.45 287,100 0 0.00 0 234,481,283 0.40 100,260,963 100,548,063 235,119,283 0.42814 0 0.00 0 667,000 0.45 300,150 0 0.00 0 250,652,406 0.40 94,819,251 95,119,401 251,319,406 0.37815 0 0.00 0 657,000 0.45 295,650 0 0.00 0 237,048,128 0.40 107,037,433 107,333,083 237,705,128 0.452 0.4116 0 0.00 0 679,000 0.45 305,550 0 0.00 0 267,593,583 0.40 116,278,075 116,583,625 268,272,583 0.43517 0 0.00 0 724,000 0.45 325,800 0 0.00 0 290,695,187 0.40 97,026,738 97,352,538 291,419,187 0.33418 0 0.00 0 762,000 0.45 342,900 0 0.00 0 242,566,845 0.40 111,144,385 111,487,285 243,328,845 0.45819 0 0.00 0 743,000 0.45 334,350 0 0.00 0 277,860,963 0.40 78,186,096 78,520,446 278,603,963 0.28220 0 0.00 0 540,000 0.45 243,000 0 0.00 0 195,465,241 0.40 106,626,738 106,869,738 196,005,241 0.54521 0 0.00 0 770,000 0.45 346,500 0 0.00 0 266,566,845 0.40 79,726,203 80,072,703 267,336,845 0.30022 0 0.00 0 617,000 0.45 277,650 0 0.00 0 199,315,508 0.40 79,726,203 80,003,853 199,932,508 0.400 0.5023 0 0.00 0 578,000 0.45 260,100 0 0.00 0 238,331,551 0.40 95,332,620 95,592,720 238,909,551 0.40024 0 0.00 0 659,000 0.45 296,550 0 0.00 0 235,122,995 0.40 94,049,198 94,345,748 235,781,995 0.40025 0 0.00 0 728,000 0.45 327,600 0 0.00 0 195,721,925 0.40 78,288,770 78,616,370 196,449,925 0.40026 0 0.00 0 783,000 0.45 352,350 0 0.00 0 262,203,209 0.40 104,881,283 105,233,633 262,986,209 0.40027 0 0.00 0 731,000 0.45 328,950 0 0.00 0 223,957,219 0.40 89,582,888 89,911,838 224,688,219 0.40028 0 0.00 0 495,000 0.45 222,750 0 0.00 0 170,438,503 0.40 68,175,401 68,398,151 170,933,503 0.40029 0 0.00 0 595,000 0.45 267,750 0 0.00 0 194,438,503 0.40 77,775,401 78,043,151 195,033,503 0.400 0.3330 0 0.00 0 719,000 0.45 323,550 0 0.00 0 421,090,909 0.40 168,436,364 168,759,914 421,809,909 0.400 ND = Non DetectBlank Cell = No Sample
M O N T H L Y B L E N D I N G R E C O R D
Day
Source 1: Well 4 Source 2: Well 14A Source 3: Well 5A Source 4: Treatment Plant Effluent Theoretical Concentration in Blended Water from Sources 1, 2, 3, & 4. Lab Result (mg/L) @ FRONT
PUMP
HOUSE
M N
( mg/L )
135
State of California -- State Water Resources Control Board Division of Drinking Water Programs Water System Name: City of Adelanto System No.: 360001 Month/Year: Apr-25 Facility Name: 0.75 Mil Reservoir Blending Facility Constituent Blended: Arsenic MCL 0.01 mg/L Quantity of
Water (gpd)
Conc.
(mg/L) A X B = Quantity of Water (gpd) Conc. (mg/L) D X E = Quantity of Water (gpd) Conc. (mg/L) G X H = Quantity of Water (gpd) Conc. (mg/L) J X K = C+F+I+L= A+D+G+J=
A B C D E FG H I J K L M N
1 0 0.00 0 634,000 0.00 0 0 0.00 0 237,304,813 0.00 0 0 237,938,813 0.000 ND 2 0 0.00 0 643,000 0.00 0 0 0.00 0 236,919,786 0.00 0 0 237,562,786 0.0003 0 0.00 0 729,000 0.00 0 0 0.00 0 272,983,957 0.00 0 0 273,712,957 0.0004 0 0.00 0 660,000 0.00 0 0 0.00 0 238,074,866 0.00 0 0 238,734,866 0.0005 0 0.00 0 647,000 0.00 0 0 0.00 0 235,122,995 0.00 0 0 235,769,995 0.0006 0 0.00 0 666,000 0.00 0 0 0.00 0 247,315,508 0.00 0 0 247,981,508 0.0007 0 0.00 0 759,000 0.00 0 0 0.00 0 339,465,241 0.00 0 0 340,224,241 0.0008 0 0.00 0 483,000 0.00 0 0 0.00 0 21,818,182 0.00 0 0 22,301,182 0.000 ND9 0 0.00 0 799,000 0.00 0 0 0.00 0 391,700,535 0.00 0 0 392,499,535 0.000 10 0 0.00 0 497,000 0.00 0 0 0.00 0 183,914,439 0.00 0 0 184,411,439 0.00011 0 0.00 0 673,000 0.00 0 0 0.00 0 250,395,722 0.00 0 0 251,068,722 0.00012 0 0.00 0 700,000 0.00 0 0 0.00 0 251,037,433 0.00 0 0 251,737,433 0.00013 0 0.00 0 638,000 0.00 0 0 0.00 0 234,481,283 0.00 0 0 235,119,283 0.00014 0 0.00 0 667,000 0.00 0 0 0.00 0 250,652,406 0.00 0 0 251,319,406 0.00015 0 0.00 0 657,000 0.00 0 0 0.00 0 237,048,128 0.00 0 0 237,705,128 0.000 ND16 0 0.00 0 679,000 0.00 0 0 0.00 0 267,593,583 0.00 0 0 268,272,583 0.00017 0 0.00 0 724,000 0.00 0 0 0.00 0 290,695,187 0.00 0 0 291,419,187 0.00018 0 0.00 0 762,000 0.00 0 0 0.00 0 242,566,845 0.00 0 0 243,328,845 0.00019 0 0.00 0 743,000 0.00 0 0 0.00 0 277,860,963 0.00 0 0 278,603,963 0.00020 0 0.00 0 540,000 0.00 0 0 0.00 0 195,465,241 0.00 0 0 196,005,241 0.00021 0 0.00 0 770,000 0.00 0 0 0.00 0 266,566,845 0.00 0 0 267,336,845 0.00022 0 0.00 0 617,000 0.00 0 0 0.00 0 199,315,508 0.00 0 0 199,932,508 0.000 ND23 0 0.00 0 578,000 0.00 0 0 0.00 0 238,331,551 0.00 0 0 238,909,551 0.00024 0 0.00 0 659,000 0.00 0 0 0.00 0 235,122,995 0.00 0 0 235,781,995 0.00025 0 0.00 0 728,000 0.00 0 0 0.00 0 195,721,925 0.00 0 0 196,449,925 0.00026 0 0.00 0 783,000 0.00 0 0 0.00 0 262,203,209 0.00 0 0 262,986,209 0.00027 0 0.00 0 731,000 0.00 0 0 0.00 0 223,957,219 0.00 0 0 224,688,219 0.00028 0 0.00 0 495,000 0.00 0 0 0.00 0 170,438,503 0.00 0 0 170,933,503 0.00029 0 0.00 0 595,000 0.00 0 0 0.00 0 194,438,503 0.00 0 0 195,033,503 0.000 ND30 0 0.00 0 719,000 0.00 0 0 0.00 0 421,090,909 0.00 0 0 421,809,909 0.000 ND = Non DetectBlank Cell = No Sample
M O N T H L Y B L E N D I N G R E C O R D
Day
Source 1: Well 4 Source 2: Well 14A Source 3: Well 5A Source 4: Treatment Plant Effluent Theoretical Concentration in Blended Water from Sources 1, 2, 3, & 4.
Lab Result
(mg/L) @
FRONT
PUMP
HOUSE
M N
( mg/L )
136
State of California -- State Water Resources Control Board Division of Drinking Water Programs Water System Name: City of Adelanto System No.: 360001 Month/Year: Apr-25 Facility Name: 0.75 Mil Reservoir Blending Facility Constituent Blended: Iron MCL 0.30 mg/L Quantity of
Water (gpd)
Conc.
(mg/L) A X B = Quantity of Water (gpd) Conc. (mg/L) D X E = Quantity of Water (gpd) Conc. (mg/L) G X H = Quantity of Water (gpd) Conc. (mg/L) J X K = C+F+I+L= A+D+G+J=
A B C D E FG H I J K L M N
1 0 0.00 0 634,000 0.00 0 0 0.00 0 237,304,813 0.00 0 0 237,938,813 0.000 ND 2 0 0.00 0 643,000 0.00 0 0 0.00 0 236,919,786 0.00 0 0 237,562,786 0.0003 0 0.00 0 729,000 0.00 0 0 0.00 0 272,983,957 0.00 0 0 273,712,957 0.0004 0 0.00 0 660,000 0.00 0 0 0.00 0 238,074,866 0.00 0 0 238,734,866 0.0005 0 0.00 0 647,000 0.00 0 0 0.00 0 235,122,995 0.00 0 0 235,769,995 0.0006 0 0.00 0 666,000 0.00 0 0 0.00 0 247,315,508 0.00 0 0 247,981,508 0.0007 0 0.00 0 759,000 0.00 0 0 0.00 0 339,465,241 0.00 0 0 340,224,241 0.0008 0 0.00 0 483,000 0.00 0 0 0.00 0 21,818,182 0.00 0 0 22,301,182 0.000 ND9 0 0.00 0 799,000 0.00 0 0 0.00 0 391,700,535 0.00 0 0 392,499,535 0.000 10 0 0.00 0 497,000 0.00 0 0 0.00 0 183,914,439 0.00 0 0 184,411,439 0.00011 0 0.00 0 673,000 0.00 0 0 0.00 0 250,395,722 0.00 0 0 251,068,722 0.00012 0 0.00 0 700,000 0.00 0 0 0.00 0 251,037,433 0.00 0 0 251,737,433 0.00013 0 0.00 0 638,000 0.00 0 0 0.00 0 234,481,283 0.00 0 0 235,119,283 0.00014 0 0.00 0 667,000 0.00 0 0 0.00 0 250,652,406 0.00 0 0 251,319,406 0.00015 0 0.00 0 657,000 0.00 0 0 0.00 0 237,048,128 0.00 0 0 237,705,128 0.000 ND16 0 0.00 0 679,000 0.00 0 0 0.00 0 267,593,583 0.00 0 0 268,272,583 0.00017 0 0.00 0 724,000 0.00 0 0 0.00 0 290,695,187 0.00 0 0 291,419,187 0.00018 0 0.00 0 762,000 0.00 0 0 0.00 0 242,566,845 0.00 0 0 243,328,845 0.00019 0 0.00 0 743,000 0.00 0 0 0.00 0 277,860,963 0.00 0 0 278,603,963 0.00020 0 0.00 0 540,000 0.00 0 0 0.00 0 195,465,241 0.00 0 0 196,005,241 0.00021 0 0.00 0 770,000 0.00 0 0 0.00 0 266,566,845 0.00 0 0 267,336,845 0.00022 0 0.00 0 617,000 0.00 0 0 0.00 0 199,315,508 0.00 0 0 199,932,508 0.000 ND23 0 0.00 0 578,000 0.00 0 0 0.00 0 238,331,551 0.00 0 0 238,909,551 0.00024 0 0.00 0 659,000 0.00 0 0 0.00 0 235,122,995 0.00 0 0 235,781,995 0.00025 0 0.00 0 728,000 0.00 0 0 0.00 0 195,721,925 0.00 0 0 196,449,925 0.00026 0 0.00 0 783,000 0.00 0 0 0.00 0 262,203,209 0.00 0 0 262,986,209 0.00027 0 0.00 0 731,000 0.00 0 0 0.00 0 223,957,219 0.00 0 0 224,688,219 0.00028 0 0.00 0 495,000 0.00 0 0 0.00 0 170,438,503 0.00 0 0 170,933,503 0.00029 0 0.00 0 595,000 0.00 0 0 0.00 0 194,438,503 0.00 0 0 195,033,503 0.000 ND30 0 0.00 0 719,000 0.00 0 0 0.00 0 421,090,909 0.00 0 0 421,809,909 0.000 ND = Non DetectBlank Cell = No Sample
M O N T H L Y B L E N D I N G R E C O R D
Day
Source 1: Well 4 Source 2: Well 14A Source 3: Well 5A Source 4: Treatment Plant Effluent Theoretical Concentration in Blended Water from Sources 1, 2, 3, & 4.
Lab Result
(mg/L) @
FRONT
PUMP
HOUSE
M N
( mg/L )
137
State of California -- State Water Resources Control Board Division of Drinking Water Programs Water System Name: City of Adelanto System No.: 360001 Month/Year: Apr-25 Facility Name: 0.75 Mil Reservoir Blending Facility Constituent Blended: Manganese MCL 0.05 mg/L Quantity of
Water (gpd)
Conc.
(mg/L) A X B = Quantity of Water (gpd) Conc. (mg/L) D X E = Quantity of Water (gpd) Conc. (mg/L) G X H = Quantity of Water (gpd) Conc. (mg/L) J X K = C+F+I+L= A+D+G+J=
A B C D E FG H I J K L M N
1 0 0.00 0 634,000 0.06 39,942 0 0.00 0 237,304,813 0.00 0 39,942 237,938,813 0.000 ND 2 0 0.00 0 643,000 0.06 40,509 0 0.00 0 236,919,786 0.00 0 40,509 237,562,786 0.0003 0 0.00 0 729,000 0.06 45,927 0 0.00 0 272,983,957 0.00 0 45,927 273,712,957 0.0004 0 0.00 0 660,000 0.06 41,580 0 0.00 0 238,074,866 0.00 0 41,580 238,734,866 0.0005 0 0.00 0 647,000 0.06 40,761 0 0.00 0 235,122,995 0.00 0 40,761 235,769,995 0.0006 0 0.00 0 666,000 0.06 41,958 0 0.00 0 247,315,508 0.00 0 41,958 247,981,508 0.0007 0 0.00 0 759,000 0.06 47,817 0 0.00 0 339,465,241 0.00 0 47,817 340,224,241 0.0008 0 0.00 0 483,000 0.06 30,429 0 0.00 0 21,818,182 0.00 0 30,429 22,301,182 0.001 0.0229 0 0.00 0 799,000 0.06 50,337 0 0.00 0 391,700,535 0.00 0 50,337 392,499,535 0.000 10 0 0.00 0 497,000 0.06 31,311 0 0.00 0 183,914,439 0.00 0 31,311 184,411,439 0.00011 0 0.00 0 673,000 0.06 42,399 0 0.00 0 250,395,722 0.00 0 42,399 251,068,722 0.00012 0 0.00 0 700,000 0.06 44,100 0 0.00 0 251,037,433 0.00 0 44,100 251,737,433 0.00013 0 0.00 0 638,000 0.06 40,194 0 0.00 0 234,481,283 0.00 0 40,194 235,119,283 0.00014 0 0.00 0 667,000 0.06 42,021 0 0.00 0 250,652,406 0.00 0 42,021 251,319,406 0.00015 0 0.00 0 657,000 0.06 41,391 0 0.00 0 237,048,128 0.00 0 41,391 237,705,128 0.000 ND16 0 0.00 0 679,000 0.06 42,777 0 0.00 0 267,593,583 0.00 0 42,777 268,272,583 0.00017 0 0.00 0 724,000 0.06 45,612 0 0.00 0 290,695,187 0.00 0 45,612 291,419,187 0.00018 0 0.00 0 762,000 0.06 48,006 0 0.00 0 242,566,845 0.00 0 48,006 243,328,845 0.00019 0 0.00 0 743,000 0.06 46,809 0 0.00 0 277,860,963 0.00 0 46,809 278,603,963 0.00020 0 0.00 0 540,000 0.06 34,020 0 0.00 0 195,465,241 0.00 0 34,020 196,005,241 0.00021 0 0.00 0 770,000 0.06 48,510 0 0.00 0 266,566,845 0.00 0 48,510 267,336,845 0.00022 0 0.00 0 617,000 0.06 38,871 0 0.00 0 199,315,508 0.00 0 38,871 199,932,508 0.000 ND23 0 0.00 0 578,000 0.06 36,414 0 0.00 0 238,331,551 0.00 0 36,414 238,909,551 0.00024 0 0.00 0 659,000 0.06 41,517 0 0.00 0 235,122,995 0.00 0 41,517 235,781,995 0.00025 0 0.00 0 728,000 0.06 45,864 0 0.00 0 195,721,925 0.00 0 45,864 196,449,925 0.00026 0 0.00 0 783,000 0.06 49,329 0 0.00 0 262,203,209 0.00 0 49,329 262,986,209 0.00027 0 0.00 0 731,000 0.06 46,053 0 0.00 0 223,957,219 0.00 0 46,053 224,688,219 0.00028 0 0.00 0 495,000 0.06 31,185 0 0.00 0 170,438,503 0.00 0 31,185 170,933,503 0.00029 0 0.00 0 595,000 0.06 37,485 0 0.00 0 194,438,503 0.00 0 37,485 195,033,503 0.000 ND30 0 0.00 0 719,000 0.06 45,297 0 0.00 0 421,090,909 0.00 0 45,297 421,809,909 0.000 ND = Non DetectBlank Cell = No Sample
M O N T H L Y B L E N D I N G R E C O R D
Day
Source 1: Well 4 Source 2: Well 14A Source 3: Well 5A Source 4: Treatment Plant Effluent Theoretical Concentration in Blended Water from Sources 1, 2, 3, & 4.
Lab Result
(mg/L) @
FRONT
PUMP
HOUSE
M N
( mg/L )
138
State of California -- State Water Resources Control Board Division of Drinking Water Programs
IN (K) GALLONS
Apr-25
Well 4 Well 14A Well 5A MONTHLY RESULTS
1-Apr-25 0 634 0 0 237305 0 WELL 4 ug/l mg/l INACTIVE2-Apr-25 0 643 0 0 236920 0 FLUORIDE INACTIVE3-Apr-25 0 729 0 0 272984 0 ARSENIC INACTIVE4-Apr-25 0 660 0 0 238075 0 IRON INACTIVE5-Apr-25 0 647 0 0 235123 0 MN INACTIVE6-Apr-25 0 666 0 0 247316 07-Apr-25 0 759 0 39914 299551 08-Apr-25 0 483 0 2053 19765 0 WELL 14A ug/l mg/l9-Apr-25 0 799 0 0 391701 0 FLUORIDE 0.45 10-Apr-25 0 497 0 13219 170695 0 ARSENIC 0 011-Apr-25 0 673 0 38888 211508 0 IRON 0 012-Apr-25 0 700 0 0 251037 0 MN 63 0.06313-Apr-25 0 638 0 0 234481 014-Apr-25 0 667 0 0 250652 015-Apr-25 0 657 0 0 237048 0 WELL 5a ug/l mg/l INACTIVE16-Apr-25 0 679 0 0 267594 0 FLUORIDE INACTIVE17-Apr-25 0 724 0 0 290695 0 ARSENIC INACTIVE18-Apr-25 0 762 0 0 242567 0 IRON INACTIVE19-Apr-25 0 743 0 0 277861 0 MN INACTIVE20-Apr-25 0 540 0 18096 177369 021-Apr-25 0 770 0 0 266567 022-Apr-25 0 617 0 0 199316 0 T PLANT E ug/l mg/l23-Apr-25 0 578 0 0 238332 0 FLUORIDE 0.424-Apr-25 0 659 0 0 235123 0 ARSENIC 0 025-Apr-25 0 728 0 0 195722 0 IRON 0 026-Apr-25 0 783 0 0 262203 0 MN 0 027-Apr-25 0 731 0 0 223957 028-Apr-25 0 495 0 0 170439 029-Apr-25 0 595 0 0 194439 030-Apr-25 0 719 0 3080 418011 0 Teatment Plant Effluent
Booster 1 Booster 2 Booster 3
139
Section E
Completed Work Orders
& CMMS Emaint Report
140
Work Order
Completion
Date Result Code
2025-00000820 04/16/2025 COMPLETED AS REQUESTED
2025-00000823 04/16/2025 COMPLETED AS REQUESTED
2025-00000881 04/28/2025 COMPLETED AS REQUESTED
2025-00000746 04/07/2025 COMPLETED AS REQUESTED
2025-00000774 04/10/2025 COMPLETED AS REQUESTED
2025-00000720 04/01/2025 COMPLETED AS REQUESTED
2025-00000851 04/21/2025 COMPLETED AS REQUESTED
2025-00000811 04/16/2025 COMPLETED AS REQUESTED
2025-00000765 04/10/2025 COMPLETED AS REQUESTED
2025-00000790 04/14/2025 COMPLETED AS REQUESTED
2025-00000860 04/22/2025 CANCELLED BY OFFICE
2025-00000814 04/16/2025 COMPLETED AS REQUESTED
2025-00000763 04/09/2025 COMPLETED AS REQUESTED
2025-00000781 04/10/2025 COMPLETED AS REQUESTED
2025-00000766 04/15/2025 COMPLETED AS REQUESTED
2025-00000809 04/15/2025 COMPLETED AS REQUESTED
2025-00000792 04/14/2025 COMPLETED AS REQUESTED
2025-00000915 04/30/2025 COMPLETED AS REQUESTED
2025-00000911 04/30/2025 COMPLETED AS REQUESTED
2025-00000909 04/30/2025 COMPLETED AS REQUESTED
2025-00000853 04/21/2025 COMPLETED AS REQUESTED
2025-00000842 04/19/2025 COMPLETED AS REQUESTED
2025-00000852 04/21/2025 COMPLETED AS REQUESTED
2025-00000875 04/23/2025 COMPLETED AS REQUESTED
2025-00000855 04/21/2025 COMPLETED AS REQUESTED
2025-00000714 04/01/2025 COMPLETED AS REQUESTED
2025-00000721 04/07/2025 COMPLETED AS REQUESTED
2025-00000753 04/07/2025 COMPLETED AS REQUESTED
2025-00000867 04/23/2025 COMPLETED AS REQUESTED
2025-00000891 04/28/2025 COMPLETED AS REQUESTED
2025-00000871 04/23/2025 COMPLETED AS REQUESTED
2025-00000735 04/07/2025 COMPLETED AS REQUESTED
2025-00000797 04/15/2025 COMPLETED AS REQUESTED
Completed Work
Orders
Completion Date Range
04/01/25 - 04/30/25
0 4
4 5
4 0
0 6
8 9
5 0
7 9
9 0
8 9
2 2
9 8
A
d
7 7
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Completed Work
Orders
Completion Date Range
2025-00000914 04/30/2025 COMPLETED AS REQUESTED
2025-00000808 04/15/2025 COMPLETED AS REQUESTED
2025-00000825 04/16/2025 COMPLETED AS REQUESTED
2025-00000913 04/30/2025 COMPLETED AS REQUESTED
2025-00000737 04/07/2025 COMPLETED AS REQUESTED
2025-00000789 04/14/2025 COMPLETED AS REQUESTED
2025-00000824 04/16/2025 COMPLETED AS REQUESTED
2025-00000723 04/02/2025 COMPLETED AS REQUESTED
2025-00000917 04/30/2025 COMPLETED AS REQUESTED
2025-00000798 04/15/2025 COMPLETED AS REQUESTED
2025-00000903 04/30/2025 COMPLETED AS REQUESTED
2025-00000767 04/09/2025 COMPLETED AS REQUESTED
2025-00000771 04/09/2025 COMPLETED AS REQUESTED
2025-00000805 04/21/2025 COMPLETED AS REQUESTED
2025-00000846 04/21/2025 COMPLETED AS REQUESTED
2025-00000888 04/28/2025 COMPLETED AS REQUESTED
2025-00000856 04/09/2025
2025-00000787 04/14/2025 COMPLETED AS REQUESTED
2025-00000785 04/14/2025 COMPLETED AS REQUESTED
2025-00000868 04/23/2025 COMPLETED AS REQUESTED
2025-00000784 04/10/2025 COMPLETED AS REQUESTED
2025-00000772 04/09/2025 COMPLETED AS REQUESTED
2025-00000887 04/28/2025 COMPLETED AS REQUESTED
2025-00000906 04/30/2025 COMPLETED AS REQUESTED
2025-00000908 04/30/2025 COMPLETED AS REQUESTED
2025-00000727 04/03/2025 COMPLETED AS REQUESTED
2025-00000905 04/30/2025 COMPLETED AS REQUESTED
2025-00000726 04/03/2025 COMPLETED AS REQUESTED
2025-00000835 04/21/2025 COMPLETED AS REQUESTED
2025-00000836 04/17/2025 COMPLETED AS REQUESTED
2025-00000857 04/21/2025 COMPLETED AS REQUESTED
2025-00000813 04/16/2025 COMPLETED AS REQUESTED
2025-00000918 04/30/2025 COMPLETED AS REQUESTED
2025-00000858 04/22/2025 COMPLETED AS REQUESTED
2025-00000895 04/29/2025 COMPLETED AS REQUESTED
2025-00000764 04/09/2025 COMPLETED AS REQUESTED
2025-00000776 04/14/2025 COMPLETED AS REQUESTED
2025-00000775 04/10/2025 COMPLETED AS REQUESTED
2025-00000778 04/14/2025 COMPLETED AS REQUESTED
9 2
9 2
5 0
5 5
0 0
0 0
0 9
9 0
8 9
9 4
0 4
4 5
5 4
4 Run by Salvador Ruiz on 05/02/2025 06:55:19 AM Page 2 of 6 142
Completed Work
Orders
Completion Date Range
2025-00000777 04/10/2025 COMPLETED AS REQUESTED
2025-00000885 04/30/2025 COMPLETED AS REQUESTED
2025-00000877 04/28/2025 COMPLETED AS REQUESTED
2025-00000886 04/28/2025 COMPLETED AS REQUESTED
2025-00000845 04/21/2025 COMPLETED AS REQUESTED
2025-00000757 04/08/2025 COMPLETED AS REQUESTED
2025-00000780 04/10/2025 COMPLETED AS REQUESTED
2025-00000713 04/02/2025 COMPLETED AS REQUESTED
2025-00000760 04/08/2025 COMPLETED AS REQUESTED
2025-00000786 04/14/2025 COMPLETED AS REQUESTED
2025-00000854 04/21/2025 COMPLETED AS REQUESTED
2025-00000898 04/29/2025 COMPLETED AS REQUESTED
2025-00000711 04/01/2025 COMPLETED AS REQUESTED
2025-00000812 04/16/2025 COMPLETED AS REQUESTED
2025-00000716 04/07/2025 COMPLETED AS REQUESTED
2025-00000758 04/08/2025 COMPLETED AS REQUESTED
2025-00000733 04/03/2025 COMPLETED AS REQUESTED
2025-00000907 04/30/2025 COMPLETED AS REQUESTED
2025-00000807 04/15/2025 COMPLETED AS REQUESTED
2025-00000806 04/15/2025 COMPLETED AS REQUESTED
2025-00000843 04/19/2025 COMPLETED AS REQUESTED
2025-00000830 04/17/2025 COMPLETED AS REQUESTED
2025-00000749 04/07/2025 COMPLETED AS REQUESTED
2025-00000761 04/09/2025 COMPLETED AS REQUESTED
2025-00000839 04/17/2025 COMPLETED AS REQUESTED
2025-00000879 04/30/2025 COMPLETED AS REQUESTED
2025-00000902 04/30/2025 COMPLETED AS REQUESTED
2025-00000779 04/10/2025 COMPLETED AS REQUESTED
2025-00000892 04/28/2025 COMPLETED AS REQUESTED
2025-00000744 04/07/2025 COMPLETED AS REQUESTED
2025-00000755 04/08/2025 COMPLETED AS REQUESTED
2025-00000821 04/16/2025 COMPLETED AS REQUESTED
2025-00000850 04/21/2025 COMPLETED AS REQUESTED
2025-00000740 04/07/2025 COMPLETED AS REQUESTED
2025-00000743 04/07/2025 COMPLETED AS REQUESTED
2025-00000752 04/07/2025 COMPLETED AS REQUESTED
2025-00000897 04/29/2025 COMPLETED AS REQUESTED
2025-00000865 04/23/2025 COMPLETED AS REQUESTED
2025-00000802 04/15/2025 COMPLETED AS REQUESTED 0
4 0
0 0
2 0
0 0
4 0
4 0
0 5
8 8
7 7
0 5
0 4
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Completed Work
Orders
Completion Date Range
2025-00000810 04/15/2025 COMPLETED AS REQUESTED
2025-00000724 04/03/2025 COMPLETED AS REQUESTED
2025-00000717 04/02/2025 COMPLETED AS REQUESTED
2025-00000815 04/16/2025 COMPLETED AS REQUESTED
2025-00000848 04/21/2025 COMPLETED AS REQUESTED
2025-00000861 04/22/2025 COMPLETED AS REQUESTED
2025-00000837 04/17/2025 COMPLETED AS REQUESTED
2025-00000859 04/22/2025 COMPLETED AS REQUESTED
2025-00000828 04/16/2025 COMPLETED AS REQUESTED
2025-00000910 04/30/2025 COMPLETED AS REQUESTED
2025-00000736 04/07/2025 COMPLETED AS REQUESTED
2025-00000791 04/14/2025 COMPLETED AS REQUESTED
2025-00000872 04/23/2025 COMPLETED AS REQUESTED
2025-00000831 04/17/2025 COMPLETED AS REQUESTED
2025-00000827 04/29/2025 COMPLETED AS REQUESTED
2025-00000751 04/08/2025 COMPLETED AS REQUESTED
2025-00000722 04/02/2025 COMPLETED AS REQUESTED
2025-00000718 04/02/2025 COMPLETED AS REQUESTED
2025-00000732 04/03/2025 COMPLETED AS REQUESTED
2025-00000829 04/16/2025 COMPLETED AS REQUESTED
2025-00000880 04/28/2025 COMPLETED AS REQUESTED
2025-00000893 04/28/2025 COMPLETED AS REQUESTED
2025-00000899 04/30/2025 COMPLETED AS REQUESTED
2025-00000849 04/21/2025 COMPLETED AS REQUESTED
2025-00000734 04/03/2025 COMPLETED AS REQUESTED
2025-00000750 04/07/2025 COMPLETED AS REQUESTED
2025-00000838 04/17/2025 COMPLETED AS REQUESTED
2025-00000796 04/14/2025 COMPLETED AS REQUESTED
2025-00000795 04/14/2025 COMPLETED AS REQUESTED
2025-00000817 04/16/2025 COMPLETED AS REQUESTED
2025-00000773 04/09/2025 COMPLETED AS REQUESTED
2025-00000747 04/07/2025 COMPLETED AS REQUESTED
2025-00000833 04/17/2025 COMPLETED AS REQUESTED
2025-00000816 04/16/2025 COMPLETED AS REQUESTED
2025-00000769 04/22/2025 COMPLETED AS REQUESTED
2025-00000873 04/24/2025 COMPLETED AS REQUESTED
2025-00000730 04/07/2025 COMPLETED AS REQUESTED
2025-00000731 04/03/2025 COMPLETED AS REQUESTED
2025-00000832 04/17/2025 COMPLETED AS REQUESTED
0 8
8 0
8 4
4 0
8 4
4 0
4 0
6 7
7 9
3 0
0 4
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Completed Work
Orders
Completion Date Range
2025-00000745 04/07/2025 COMPLETED AS REQUESTED
2025-00000762 04/10/2025 COMPLETED AS REQUESTED
2025-00000847 04/21/2025 COMPLETED AS REQUESTED
2025-00000841 04/21/2025 COMPLETED AS REQUESTED
2025-00000840 04/17/2025 COMPLETED AS REQUESTED
2025-00000738 04/15/2025 COMPLETED AS REQUESTED
2025-00000894 04/30/2025 COMPLETED AS REQUESTED
2025-00000748 04/07/2025 COMPLETED AS REQUESTED
2025-00000864 04/22/2025 COMPLETED AS REQUESTED
2025-00000919 04/30/2025 COMPLETED AS REQUESTED
2025-00000759 04/08/2025 COMPLETED AS REQUESTED
2025-00000834 04/17/2025 COMPLETED AS REQUESTED
2025-00000710 04/01/2025 COMPLETED AS REQUESTED
2025-00000822 04/16/2025 COMPLETED AS REQUESTED
2025-00000715 04/01/2025 COMPLETED AS REQUESTED
2025-00000729 04/03/2025 COMPLETED AS REQUESTED
2025-00000742 04/07/2025 COMPLETED AS REQUESTED
2025-00000866 04/23/2025 COMPLETED AS REQUESTED
2025-00000739 04/07/2025 COMPLETED AS REQUESTED
2025-00000882 04/30/2025 COMPLETED AS REQUESTED
2025-00000900 04/30/2025 COMPLETED AS REQUESTED
2025-00000741 04/07/2025 COMPLETED AS REQUESTED
2025-00000803 04/15/2025 COMPLETED AS REQUESTED
2025-00000878 04/28/2025 COMPLETED AS REQUESTED
2025-00000804 04/15/2025 COMPLETED AS REQUESTED
2025-00000783 04/14/2025 COMPLETED AS REQUESTED
2025-00000782 04/10/2025 COMPLETED AS REQUESTED
2025-00000794 04/14/2025 COMPLETED AS REQUESTED
2025-00000712 04/01/2025 COMPLETED AS REQUESTED
2025-00000844 04/24/2025 COMPLETED AS REQUESTED
2025-00000876 04/24/2025 COMPLETED AS REQUESTED
2025-00000709 04/01/2025 COMPLETED AS REQUESTED
2025-00000869 04/23/2025 COMPLETED AS REQUESTED
2025-00000770 04/09/2025 COMPLETED AS REQUESTED
2025-00000884 04/28/2025 COMPLETED AS REQUESTED
2025-00000901 04/30/2025 COMPLETED AS REQUESTED
2025-00000890 04/28/2025 COMPLETED AS REQUESTED
2025-00000756 04/08/2025 COMPLETED AS REQUESTED
2025-00000788 04/14/2025 COMPLETED AS REQUESTED 9
0 4
4 5
5 8
5 4
0 8
5 5
4 5
7 0
0 5
0 Run by Salvador Ruiz on 05/02/2025 06:55:19 AM Page 5 of 6 145
Completed Work
Orders
Completion Date Range
2025-00000870 04/23/2025 COMPLETED AS REQUESTED
2025-00000889 04/28/2025 COMPLETED AS REQUESTED
2025-00000768 04/09/2025 COMPLETED AS REQUESTED
2025-00000883 04/28/2025 COMPLETED AS REQUESTED
2025-00000719 04/01/2025 COMPLETED AS REQUESTED
2025-00000801 04/28/2025 COMPLETED AS REQUESTED
2025-00000800 04/15/2025 COMPLETED AS REQUESTED
2025-00000799 04/15/2025 COMPLETED AS REQUESTED
2025-00000754 04/08/2025 COMPLETED AS REQUESTED
2025-00000793 04/14/2025 COMPLETED AS REQUESTED
C 199
4 7
Run by Salvador Ruiz on 05/02/2025 06:55:19 AM Page 6 of 6 146
WO
No.
WO Date Asset ID Asset Description Site WO Type Open / History Job Status Brief Description 77503 4/1/2025 FIREEXTINGUISHER Fire Extinguisher Adelanto WATER PM H Completed Fire extinguisher inspection77504 4/1/2025 SAMPLINGWEEKLY SAMPLING WEEKLY Adelanto WATER PM H Completed Sampling Weekly System77505 4/1/2025 SAMPLINGWEEKLY SAMPLING WEEKLY Adelanto WATER PM H Completed Sampling Weekly Treatment Plant77506 4/1/2025 SLUDGETANK BACKWASH SLUDGE TANK Adelanto WATER PM H Completed sludge pickup and hauling77507 4/1/2025 FIREHYDRANTS FIRE HYDRANTS IN THE DISTRIBUTION SYST Adelanto WATER PM H Completed HYDRANT FLUSHING On a monthly schedule, flush multiple fire hydrants 77568 4/2/2025 UPRBSTR1 BOOSTER 1 Adelanto WATER PM H Completed MOTOR VIBRATION TESTING77569 4/2/2025 UPRBSTR2 BOOSTER 2 Adelanto WATER PM H Completed MOTOR VIBRATION TESTING77570 4/2/2025 WELL1G WELL 1G Adelanto WATER PM H Completed Food grade oil resevoir filling77571 4/2/2025 WELL8G2 WELL 8G2 Adelanto WATER PM H Completed Food grade oil resevoir filling77641 4/3/2025 1200BOOSTERBLDG 1200 BOOSTER BUILDING Adelanto WATER PM H Completed General Housekeeping77642 4/3/2025 5MILGROUNDS GROUNDS Adelanto WATER PM H Completed Brush clearing and weeding77643 4/3/2025 700MOTOR 700 BALDOR MOTOR Adelanto WATER PM H Completed Inspection77644 4/3/2025 702MOTOR 702 BALDOR MOTOR Adelanto WATER PM H Completed Inspection77645 4/3/2025 701MOTOR 701 BALDOR MOTOR Adelanto WATER PM H Completed Inspection77646 4/3/2025 700PUMP 700 PACO PUMP Adelanto WATER PM H Completed Inspection77647 4/3/2025 701PUMP 701 CHE DIAPHRAM PUMP Adelanto WATER PM H Completed Inspection77648 4/3/2025 702PUMP 702 SUMMIT PUMP Adelanto WATER PM H Completed Inspection77649 4/3/2025 FILTER1 FILTER 1 Adelanto WATER PM H Completed ancillary filters77650 4/3/2025 FILTER1 FILTER 1 Adelanto WATER PM H Completed Grease Vactor77651 4/3/2025 FILTER2 FILTER 2 Adelanto WATER PM H Completed ancillary filters77652 4/3/2025 FILTER2 FILTER 2 Adelanto WATER PM H Completed Grease Vactor77653 4/3/2025 FILTER3 FILTER 3 Adelanto WATER PM H Completed ancillary filters77654 4/3/2025 FILTER3 FILTER 3 Adelanto WATER PM H Completed Grease Vactor77655 4/3/2025 CL2ONLINEANALYZER CHLORINE ANALYZER Adelanto WATER PM H Completed Chlorine analyzer cleaning and calibration77656 4/3/2025 UPRBSTR1 BOOSTER 1 Adelanto WATER PM H Completed BOOSTER OIL CHANGE77657 4/3/2025 UPRBSTR1 BOOSTER 1 Adelanto WATER PM H Completed PUMP AND MOTOR CLEANING77658 4/3/2025 UPRBSTR2 BOOSTER 2 Adelanto WATER PM H Completed BOOSTER OIL CHANGE77659 4/3/2025 UPRBSTR2 BOOSTER 2 Adelanto WATER PM H Completed PUMP AND MOTOR CLEANING77660 4/3/2025 UPRBSTR3 BOOSTER 3 Adelanto WATER PM H Completed BOOSTER OIL CHANGE77661 4/3/2025 UPRBSTR3 BOOSTER 3 Adelanto WATER PM H Completed PUMP AND MOTOR CLEANING CMMS Emaint April 2025
147
WO
No.
WO Date Asset ID Asset Description Site WO Type Open / History Job Status Brief Description CMMS Emaint April 2025
77662 4/3/2025 WELL1G WELL 1G Adelanto WATER PM H Completed seasonal well pump oil change77663 4/3/2025 WELL1G WELL 1G Adelanto WATER PM H Completed PUMP AND MOTOR CLEANING77664 4/3/2025 WELL14A WELL 14A Adelanto WATER PM H Completed seasonal well pump oil change77665 4/3/2025 WELL15 WELL 15 Adelanto WATER PM H Completed seasonal well pump oil change77666 4/3/2025 WELL15 WELL 15 Adelanto WATER PM H Completed PUMP AND MOTOR CLEANING77667 4/3/2025 WELL3G2 WELL 3G2 Adelanto WATER PM H Completed seasonal well pump oil change77668 4/3/2025 WELL3G2 WELL 3G2 Adelanto WATER PM H Completed PUMP AND MOTOR CLEANING77669 4/3/2025 WELL4G WELL 4G Adelanto WATER PM H Completed seasonal well pump oil change77670 4/3/2025 WELL4G WELL 4G Adelanto WATER PM H Completed PUMP AND MOTOR CLEANING77671 4/3/2025 WELL8G2 WELL 8G2 Adelanto WATER PM H Completed seasonal well pump oil change77672 4/3/2025 WELL8G2 WELL 8G2 Adelanto WATER PM H Completed PUMP AND MOTOR CLEANING77675 4/3/2025 DISTRIBUTIONLINES Distribution system lines - mains and serviceAdelanto WATER PM H Completed Line flushing (dead end) On a monthly schedule, flush multiple dead end distribution lin77676 4/3/2025 DISTRIBUTIONVALVES VALVES IN THE DISTRIBUTION SYSTEM Adelanto WATER PM H Completed Hydrant flushing. On a monthly schedule, flush multiple fire hydrants77817 4/5/2025 PRIMARYROUNDS PRIMARY DISTRIBUTION ROUNDS AND ON- Adelanto WATER PM H Completed77908 4/6/2025 FILTER1 FILTER 1 Adelanto WATER PM H Completed Backwashing Treatment plant filters-Mondays77909 4/6/2025 FILTER2 FILTER 2 Adelanto WATER PM H Completed Backwashing Treatment plant filters-Mondays77910 4/6/2025 FILTER3 FILTER 3 Adelanto WATER PM H Completed Backwashing Treatment plant filters-Wednesday77911 4/6/2025 FILTER3 FILTER 3 Adelanto WATER PM H Completed Backwashing filter treatment plant filters--Friday77917 4/6/2025 FILTER1 FILTER 1 Adelanto WATER PM H Completed Backwashing filter treatment plant filters--Friday77918 4/6/2025 FILTER2 FILTER 2 Adelanto WATER PM H Completed Backwashing filter treatment plant filters--Thursdays77919 4/6/2025 FILTER3 FILTER 3 Adelanto WATER PM H Completed Backwashing filter treatment plant filters--Friday77920 4/6/2025 CUSTOMERSERVICE CUSTOMER SERVICE DUTIES AND 2ND ON CAdelanto WATER PM H Completed CUSTOMER SERVICE DUTIES 78036 4/7/2025 LWRBSTRBLDG LOWER BOOSTER BUILDING Adelanto WATER PM H Completed General Housekeeping78037 4/7/2025 UPRBSTRGROUNDS GROUNDS Adelanto WATER PM H Completed Brush clearing and weeding78038 4/7/2025 LWRBSTRGROUNDS GROUNDS Adelanto WATER PM H Completed Brush clearing and weeding78039 4/7/2025 PLANTOFFICE OFFICE AT PLANT Adelanto WATER PM H Completed General Housekeeping78040 4/7/2025 SAMPLINGMONTHLY SAMPLING MONTHLY Adelanto WATER PM H Completed Sampling Monthly78041 4/7/2025 WELL1G WELL 1G Adelanto WATER PM H Completed Brush clearing and weeding78042 4/7/2025 WELL14A WELL 14A Adelanto WATER PM H Completed Brush clearing and weeding78043 4/7/2025 WELL15 WELL 15 Adelanto WATER PM H Completed Brush clearing and weeding
148
WO
No.
WODate
Asset ID Asset Description Site WO Type Open / History Job Status Brief Description CMMS Emaint April 2025
78044 4/7/2025 WELL3G2 WELL 3G2 Adelanto WATER PM H Completed Brush clearing and weeding 78045 4/7/2025 WELL4G WELL 4G Adelanto WATER PM H Completed Brush clearing and weeding78046 4/7/2025 WELL8G2 WELL 8G2 Adelanto WATER PM H Completed Brush clearing and weeding 78124 4/7/2025 WELL8G2 WELL 8G2 Adelanto WATER PM H Completed Cleaning photo sensors 78126 4/8/2025 SAMPLINGWEEKLY SAMPLING WEEKLY Adelanto WATER PM H Completed Sampling Weekly System78127 4/8/2025 SAMPLINGWEEKLY SAMPLING WEEKLY Adelanto WATER PM H Completed Sampling Weekly Treatment Plant 78143 4/9/2025 WELL1G WELL 1G Adelanto WATER PM H Completed Food grade oil resevoir filling78144 4/9/2025 WELL14A WELL 14A Adelanto WATER PM H Completed WELL SOUNDING 78145 4/9/2025 WELL3G2 WELL 3G2 Adelanto WATER PM H Completed WELL SOUNDING 78146 4/9/2025 WELL8G2 WELL 8G2 Adelanto WATER PM H Completed Food grade oil resevoir filling 78214 4/12/2025 PRIMARYROUNDS PRIMARY DISTRIBUTION ROUNDS AND ON- Adelanto WATER PM H Completed78302 4/13/2025 FILTER1 FILTER 1 Adelanto WATER PM H Completed Backwashing Treatment plant filters-Mondays 78303 4/13/2025 FILTER2 FILTER 2 Adelanto WATER PM H Completed Backwashing Treatment plant filters-Mondays 78304 4/13/2025 FILTER3 FILTER 3 Adelanto WATER PM H Completed Backwashing Treatment plant filters-Wednesday 78305 4/13/2025 FILTER3 FILTER 3 Adelanto WATER PM H Completed Backwashing filter treatment plant filters--Friday78308 4/13/2025 FILTER1 FILTER 1 Adelanto WATER PM H Completed Backwashing filter treatment plant filters--Friday78309 4/13/2025 FILTER2 FILTER 2 Adelanto WATER PM H Completed Backwashing filter treatment plant filters--Thursdays 78310 4/13/2025 FILTER3 FILTER 3 Adelanto WATER PM H Completed Backwashing filter treatment plant filters--Friday78311 4/13/2025 CUSTOMERSERVICE CUSTOMER SERVICE DUTIES AND 2ND ON CAdelanto WATER PM H Completed CUSTOMER SERVICE DUTIES 78486 4/14/2025 WELL8G2 WELL 8G2 Adelanto WATER PM H Completed Cleaning photo sensors78488 4/15/2025 SAMPLINGWEEKLY SAMPLING WEEKLY Adelanto WATER PM H Completed Sampling Weekly System78489 4/15/2025 SAMPLINGWEEKLY SAMPLING WEEKLY Adelanto WATER PM H Completed Sampling Weekly Treatment Plant78515 4/16/2025 WELL1G WELL 1G Adelanto WATER PM H Completed Food grade oil resevoir filling78516 4/16/2025 WELL8G2 WELL 8G2 Adelanto WATER PM H Completed Food grade oil resevoir filling78586 4/19/2025 PRIMARYROUNDS PRIMARY DISTRIBUTION ROUNDS AND ON- Adelanto WATER PM H Completed78677 4/20/2025 FILTER1 FILTER 1 Adelanto WATER PM H Completed Backwashing Treatment plant filters-Mondays78678 4/20/2025 FILTER2 FILTER 2 Adelanto WATER PM H Completed Backwashing Treatment plant filters-Mondays78679 4/20/2025 FILTER3 FILTER 3 Adelanto WATER PM H Completed Backwashing Treatment plant filters-Wednesday78680 4/20/2025 FILTER3 FILTER 3 Adelanto WATER PM H Completed Backwashing filter treatment plant filters--Friday78686 4/20/2025 FILTER1 FILTER 1 Adelanto WATER PM H Completed Backwashing filter treatment plant filters--Friday
149
WO
No.
WODate
Asset ID Asset Description Site WO Type Open / History Job Status Brief Description CMMS Emaint April 2025
78687 4/20/2025 FILTER2 FILTER 2 Adelanto WATER PM H Completed Backwashing filter treatment plant filters--Thursdays 78688 4/20/2025 FILTER3 FILTER 3 Adelanto WATER PM H Completed Backwashing filter treatment plant filters--Friday78689 4/20/2025 CUSTOMERSERVICE CUSTOMER SERVICE DUTIES AND 2ND ON CAdelanto WATER PM H Completed CUSTOMER SERVICE DUTIES 78880 4/21/2025 WELL8G2 WELL 8G2 Adelanto WATER PM H Completed Cleaning photo sensors78883 4/22/2025 SAMPLINGWEEKLY SAMPLING WEEKLY Adelanto WATER PM H Completed Sampling Weekly System78884 4/22/2025 SAMPLINGWEEKLY SAMPLING WEEKLY Adelanto WATER PM H Completed Sampling Weekly Treatment Plant78896 4/23/2025 WELL1G WELL 1G Adelanto WATER PM H Completed Food grade oil resevoir filling78897 4/23/2025 WELL8G2 WELL 8G2 Adelanto WATER PM H Completed Food grade oil resevoir filling78949 4/26/2025 PRIMARYROUNDS PRIMARY DISTRIBUTION ROUNDS AND ON- Adelanto WATER PM H Completed79036 4/27/2025 FILTER1 FILTER 1 Adelanto WATER PM H Completed Backwashing Treatment plant filters-Mondays79037 4/27/2025 FILTER2 FILTER 2 Adelanto WATER PM H Completed Backwashing Treatment plant filters-Mondays79038 4/27/2025 FILTER3 FILTER 3 Adelanto WATER PM H Completed Backwashing Treatment plant filters-Wednesday79039 4/27/2025 FILTER3 FILTER 3 Adelanto WATER PM H Completed Backwashing filter treatment plant filters--Friday79042 4/27/2025 FILTER1 FILTER 1 Adelanto WATER PM H Completed Backwashing filter treatment plant filters--Friday79043 4/27/2025 FILTER2 FILTER 2 Adelanto WATER PM H Completed Backwashing filter treatment plant filters--Thursdays79044 4/27/2025 FILTER3 FILTER 3 Adelanto WATER PM H Completed Backwashing filter treatment plant filters--Friday79045 4/27/2025 CUSTOMERSERVICE CUSTOMER SERVICE DUTIES AND 2ND ON CAdelanto WATER PM H Completed CUSTOMER SERVICE DUTIES79210 4/28/2025 WELL8G2 WELL 8G2 Adelanto WATER PM H Completed Cleaning photo sensors79213 4/29/2025 SAMPLINGWEEKLY SAMPLING WEEKLY Adelanto WATER PM H Completed Sampling Weekly System79214 4/29/2025 SAMPLINGWEEKLY SAMPLING WEEKLY Adelanto WATER PM H Completed Sampling Weekly Treatment Plant79240 4/30/2025 WELL1G WELL 1G Adelanto WATER PM H Completed Food grade oil resevoir filling79241 4/30/2025 WELL8G2 WELL 8G2 Adelanto WATER PM H Completed Food grade oil resevoir filling
150
Section F
Monthly Coliform Report
151
Yes x
State Water Resources Control Board Division of Drinking Water
MONTHLY SUMMARY OF REVISED TOTAL COLIFORM RULE DISTRIBUTION SYSTEM MONITORING (including triggered source monitoring for systems subject to the Groundwater Rule) System Name
City of Adelanto
System Number
CA3610001
Sampling Period
Month April Year 202
Number
Required
Number
Collected
Number Total
Coliform Positives Number E.coli Positives
1. Routine Samples (see note 1) 0 00
2. Repeat Samples following samples that are Total Coliform Positive and E.coli Negative (see notes 10 and 11) 00 0
3. Repeat Samples following Routine Samples that are
Total Coliform Positive and E. coli Positive
(see notes 10 and 11) 000
4. Treatment Technique (TT)/MCL Violation Computation
for Total Coliform/E. coli Positive Samples
a. Totals (sum of columns) 40 00
b. If 40 or more samples collected in month, determine
percent of samples that are total coliform positive
[(total number positive/total number collected) x 100] = 0 % c. Did the system trigger… a Level 2 Assessment TT? Yes x No (see notes 2, 3, 4, 5 and 6 for trigger info)
If a Level 2 Assessment is triggered, see note 8 below. a Level 1 Assessment TT? No
(see note 7 for trigger info)
If a Level 1 Assessment is triggered, see note 9 below.
5. Triggered Source Samples per Groundwater Rule
(see notes 12 and 13) 00
6. Invalidated Samples
(Note what samples, if any, were invalidated; who authorized the invalidation; and when replacement samples were collected. Attach additional sheets, if necessary.)
7. Summary Completed By:
Signature Title
&KiHI3lDQWOperator Date
//2
NOTES AND INSTRUCTIONS:
1. Routine samples include:
a. Samples required pursuant to 22 CCR Section 64423 and any additional samples required by an approved routine sample siting plan established pursuant to 22 CCR Section 64422. b. Extra samples are required for systems collecting less than five routine samples per month that had one or more total coliform positives in previous month; c.Extra samples for systems with high source water turbidities that are using surface water or groundwater under direct influence of surface water and do not practice filtration in compliance with regulations;
2. Note: For a repeat sample following a total coliform positive sample, any E.coli positive repeat (boxed entry) constitutes an MCL violation and requires immediate notification to the Division (22, CCR, Section 64426.1).
3. Note: For repeat sample following a E.coli positive sample, any total coliform positive repeat (boxed entry) constitutes an MCL violation and requires immediate notification to the Division (22, CCR, Section 64426.1).
4. Note: Failure to take all required repeat samples following an E. coli positive routine sample (22, CCR, Section 64426.1) constitutes an MCL violation and requires immediate notification to the Division (22, CCR, Section 64426.1).
5. Note: Failure to test for E. coli when any repoeat sample tests postive for total coliform (22, CCR, Section 64426.1) constitutes an MCL violation and requires immediate notification to the Division (22, CCR, Section 64426.1).
6. Note: Second Level 1 treatment technique trigger in a rolling 12-month period.
7. Total coliform Treatment Technique (TT) Violation (Notify Department within 24 hours of TT violation):
a. For systems collecting less than 40 samples, if two or more samples are total coliform positive, then the TT is violated and a Level 1 Assessment is required. b. For systems collecting 40 or more samples, if more than 5.0 percent of samples collected are total coliform positive, then the TT is violated and a Level 1 Assessment is required.
8. Contact the Division as soon as practical to arrange for the division to conduct a Level 2 Assessment of the water system. The water system shall complete a Level 2 Assessment and sumbit it to the Division within 30 days of learning of the trigger exceedance.
9. Conduct a Level 1 Assessment in accordance with as soon as practical that covers the minimum elements (22, CCR, Section 64426.8 (a), (2). Submit the report to the Division within 30 days of learing of the trigger exceedance.
10. Positive results and their associated repeat samples are to be tracked on the Coliform Monitoring Worksheet.
11. Repeat samples must be collected within 24 hours of being notified of the positive results. For systems collecting more than one routine sample per month, three repeat samples must be collected for each total coliform positive sample. For systems collecting one or fewer routine samples per month, four repeat samples must be collected for each total coliform positive sample. At least three samples shall be taken the month following a total coliform positive.
12. For systems subject to the Groundwater Rule: Positive results and the associated triggered source samples are to be tracked on the Coliform Monitoring Worksheet.
13. For triggered sample(s) required as a result of a total coliform routine positive sample, an E.coli positive triggered sample (boxed entry) requires immediate notification to the Division, Tier 1 public notification, and corrective action.
0 152
Section G
Explanation of Terms
and Acronyms
153
Adelanto Section G Explanation of Terms and Acronyms
Water System Monthly Asset Management Report
Brief Description of Sections, Terms and Acronyms
Section A
Capital improvement projects (CIP) that are on currently being looked at, in progress, or completed.
Section B
The executive summary is a recap of water production, distribution system, employees, billing and customer service.
Section C
Iron and Manganese Report
References the treatment plant and removal of Iron and Manganese from G wells CL2= Chlorine (disinfectant)
NTU = Turbidity
HPC = Heterotrophic plate count (bacteria colonies)
ug/L = Micrograms per liter
Section D
Distribution Report
Monthly blending records, lab results for each constituent; Fluoride, Arsenic, Iron, Manganese Blended well production (well 4, 14A and 5A) numbers in 1000 gallon units Sampling, intertie water (from Victorville Water District) Well Summary
GPM = gallons per minute
Boosters pump water to higher elevation
Section E
Work Orders Completed
Section F
Monthly Coliform Report
154
ADELANTO WASTEWATER TREATMENT
PLANT
Asset Management and Operations & Maintenance Report
City of Adelanto
155
April 2025
Adelanto Wastewater Treatment Plant
Jessie Flores
City Manager
11600 Air Expressway
Adelanto, CA. 92301
RE: April 2025 Adelanto WWTP Asset Management Monthly Report Dear Jessie,
Please find attached the April 2025 Asset Management Report for the Adelanto Wastewater Treatment Plant (WWTP). This report provides a summary of key operational activities, performance metrics, compliance status, and any notable issues encountered during the reporting period.
Key Highlights:
- Plant Performance: All influent was successfully treated by the Adelanto WWTP. All other constituents with the PERC Water-Adelanto WWTP remained compliant with the discharge requirements specified in Order No. RV6 -2014-0058, WDID No. 6B369805001. - Critical Issues: 13-Year-old SCADA radio communications equipment is failing. It’s suggested to replace radios with fiber optic hard wiring.
- Maintenance & Repairs: Ponds 4, 5, & 9 were scarified and completed in April. - April 25 the WWTP experienced a darker, black, than normal influent color. Staff sampled influent, check various manholes throughout the city. Could not determine origin of darker flow. - Influent wet well will be out of service soon and replacement of 24 years old check valve should be replaced.
We appreciate your continued partnership and remain committed to ensuring efficient and compliant operations at the Adelanto Wastewater Treatment Plant. Please do not hesitate to reach out should you have any questions or require further details.
We look forward to discussing this report further at our next meeting.
Best regards,
Dave Kachelski
David Kachelski
Chief Plant Operator
PERC Water Corporation
CC: Christopher Maines, Regional Director, PERC Water Corporation 156
April 2025
Adelanto Wastewater Treatment Plant
April 2025
TABLE OF CONTENTS
Section A
Executive Summary
Section B
Wastewater Treated Flow
Section C
Water Quality and KPIs
Section D
Regulatory Compliance
Section E
Operations & Maintenance
Section F
Financial Update
Section G
Action Items Requiring Approval
Section H
Environmental Health and Safety
Section I
Personnel
Section J
Public Outreach
Section K
Appendix
157
Section A
Executive Summary
158
April 2025
Section A – Executive Summary
Executive Summary
The Adelanto WWTP received 93 million, 578 thousand gallons of raw sewage and successfully treated 93 million, 578 thousand gallons during the month of April 2025, making the total treated amount of water recycled at the Adelanto WWTP about 11.744 billion gallons (since operating services began in April 2012). The characteristics of the water entering and exiting the plant last month are detailed in the section titled “Flows and Laboratory Results.” Secondary effluent from the Facility was discharged to percolation basins 1, 4, 5, & 9 per the discharge requirements for this period. No flow was diverted to VVWRA.
During April, the daily influent flow recorded an average of 3.119 million gallons per day.
Effluent flow is calculated by subtracting the treated flow minus the Waste Activated Sludge (WAS) flow for each day and the daily calculated effluent flow averaged 3.049 million gallons per day.
Throughout the month, PERC Water’s Asset Management Team performed daily process control sampling and analysis, trend analysis, equipment verification checks, compliance sampling, housekeeping, process adjustments, and solids processing. Please see “Plant Staffing” for details about PERC Water’s dedicated Adelanto WWTP team. There were no injuries, accidents, facility tours, regulatory meetings, odor complaints, or security issues this month. No flow was diverted to VVWRA.
No violations or injuries to report for the month of April 2025 159
Section B
Wastewater Treated Flow
160
April 2025
Section B – Wastewater Treated Flow
Wastewater Treated Flow
Wastewater Treated (MG) 93.578
Design Flow (MGD) 3.000
161
Section C
Water Quality and KPIs
162
April 2025
Section C – Water Quality and Key Performance Indicators Water Quality and Key Performance Indicators
Permit Parameters Target Actual Remarks
Effluent BOD (mg/L) 15 3.72 No Violation
TSS (mg/L) N/A 1.5 No Permit Limit
Peak Flow (MGD) <3 3.205 Flow greater than
design
Energy Usage (kWh) N/A 26.3 SCE
Solar (kWh) N/A 17.0 SOLAR USAGE
Permit Compliance 100% 100% No Violations
163
Section D
Regulatory Compliance
164
April 2025
Section D – Regulatory Compliance
Regulatory Compliance
Permits and Reporting:
Permits Compliance Summary Yes
Monthly Reports Submitted Yes
Inspection/Audit Findings Last inspection January 2025
165
Inf Flow Inst Peak Flow Eff. Q ponds Pond # 1 Pond # 2 & 3 Pond # 4 Pond # 5 Pond # 9 Basin N Basin S MGD GPM MGD freeboard ft freeboard ft freeboard ft freeboard ft freeboard ft freeboard ft freeboard ft 4/1/2025 3.099 3,218.48 3.099 4+ Empty 16.00 16.00 11.00 12.12 12.10 4/2/2025 3.127 3,262.51 3.127 4+ Empty 16.00 16.00 10.75 12.95 12.91 4/3/2025 3.106 3,306.87 3.106 4+ Empty 16.00 16.00 10.75 12.51 12.55 4/4/2025 3.046 2,862.36 3.046 4+ Empty 16.00 16.00 10.50 13.09 12.98 4/5/2025 2.997 2,757.50 2.997 4+ Empty 16.00 16.00 10.25 12.98 12.88 4/6/2025 3.103 3,284.83 3.103 4+ Empty 16.00 16.00 10.25 12.91 12.91 4/7/2025 3.151 3,275.19 3.151 4+ Empty 16.00 16.00 10.00 13.31 13.24 4/8/2025 3.198 3,311.14 3.198 4+ Empty 16.00 16.00 10.00 13.13 13.06 4/9/2025 3.189 3,366.09 3.189 4+ Empty 16.00 16.00 9.75 13.16 13.06 4/10/2025 3.163 3,166.21 3.163 4+ Empty 16.00 16.00 9.75 13.20 13.20 4/11/2025 3.061 2,838.99 3.061 4+ Empty 16.00 16.00 9.75 13.02 13.02 4/12/2025 3.047 2,688.12 3.047 4+ Empty 16.00 16.00 9.75 12.32 12.32 4/13/2025 3.105 3,329.77 3.105 4+ Empty 16.00 16.00 9.75 12.04 12.61 4/14/2025 3.202 3,360.86 3.202 4+ Empty 16.00 16.00 9.50 13.13 13.13 4/15/2025 3.135 3,293.48 3.135 4+ Empty 16.00 16.00 9.50 13.20 13.20 4/16/2025 3.141 3,213.50 3.141 4+ Empty 16.00 16.00 9.50 13.02 13.02 4/17/2025 3.122 3,044.42 3.122 4+ Empty 16.00 16.00 9.50 13.16 13.16 4/18/2025 3.100 2,855.46 3.100 4+ Empty 16.00 16.00 11.25 12.95 12.95 4/19/2025 3.015 2,740.08 3.015 4+ Empty 15.50 16.00 13.50 12.88 12.84 4/20/2025 3.079 3,018.30 3.079 4+ Empty 14.75 16.00 14.50 12.88 12.84 4/21/2025 3.066 3,271.49 3.066 4+ Empty 13.50 16.00 16.00 13.09 13.09 4/22/2025 3.125 3,258.88 3.125 4+ Empty 13.00 16.00 16.00 12.95 12.95 4/23/2025 3.129 3,302.60 3.129 4+ Empty 12.75 16.00 16.00 13.13 13.13 4/24/2025 3.174 3,262.69 3.174 4+ Empty 12.50 16.00 16.00 12.14 12.14 4/25/2025 3.126 2,916.04 3.126 4+ Empty 12.00 16.00 16.00 13.02 13.02 4/26/2025 3.104 2,903.34 3.104 4+ Empty 12.00 16.00 16.00 12.91 12.91 4/27/2025 3.135 3,220.83 3.135 4+ Empty 11.75 16.00 16.00 13.02 13.02 4/28/2025 3.140 3,226.00 3.140 4+ Empty 11.25 16.00 16.00 13.24 13.24 4/29/2025 3.190 3,238.72 3.190 4+ Empty 11.00 16.00 16.00 13.06 13.06 4/30/2025 3.205 3,232.49 3.205 4+ Empty 10.75 16.00 16.00 13.13 13.13 Total 93.578 93.578
Average 3.119 3,134.24 3.119 4+ 14.63 16.00 12.32 12.92 12.92 Maximum 3.205 3,366.09 3.205 4+ 0.00 16.00 16.00 16.00 13.31 13.24 Minimum 2.997 2,688.12 2.997 4+ 0.00 10.75 16.00 9.50 12.04 12.10 Effluent Calculated by subtracting WAS flow each day
ADELANTO WWTP SUMMARY REPORT April-25
Date
Flow Data Percolation Ponds Biolac Basins
166
BOD5 TSS pH D.O. EC TN TDS MBAS BOD5 TSS pH EC
mg/l mg/l pH units mg/l umho/cm mg/l mg/l mg/l mg/l mg/l pH units umho/cm 4/1/2025
4/2/2025 3.700 2.0 6.8 2.74 842 1.9 520.0 0.03 230 270 9.43 1000 4/3/2025
4/4/2025
4/5/2025
4/6/2025
4/7/2025
4/8/2025
4/9/2025 5.200 0.9 6.79 2.27 847 1.5 260 170 8 1437
4/10/2025
4/11/2025
4/12/2025
4/13/2025
4/14/2025
4/15/2025
4/16/2025 4.7 0.6 6.77 2.21 841 1.4 530.0 0.04 240 190 7.98 1396 4/17/2025
4/18/2025
4/19/2025
4/20/2025
4/21/2025
4/22/2025
4/23/2025 2.5 ND 2.0 6.77 2.29 868.00 1.5 210 170 8.01 1401.00 4/24/2025
4/25/2025
4/26/2025
4/27/2025
4/28/2025
4/29/2025
4/30/2025 2.5 ND 2.0 6.77 2.31 842 1.6 200 170.00 8.21 1415 Total
Average 3.720 1.500 6.78 2.36 848 1.58 525.0 0.035 228 194 8.33 1330 Maximum 5.2 2.0 6.80 2.74 868 1.9 530.0 0.04 260 270 9.43 1437 Minimum 2.5 0.6 6.77 2.21 841 1.4 520.0 0.03 200 170 7.98 1000
ADELANTO WWTP SUMMARY REPORT
Date
Effluent WEEKLY Influent
167
Sulfate Sulfide Total
Phenols Total Phenols
Tot Petr
Hydrocarb
ons
VOC's SVOC's
Inorganic
Constitue
nts
Boron Flouride Chloride Sodium
mg/l mg/l mg/l as C6H5O mg/L mg/L ug/l ug/l ug/l ug/L mg/L mg/L mg/l 4/1/2025
4/2/2025 120.000 0.10 ND 0.02 ND 230.00 0.8 99.0 97
4/3/2025
4/4/2025
4/5/2025
4/6/2025
4/7/2025
4/8/2025
4/9/2025
4/10/2025
4/11/2025
4/12/2025
4/13/2025
4/14/2025
4/15/2025
4/16/2025
4/17/2025
4/18/2025
4/19/2025
4/20/2025
4/21/2025
4/22/2025
4/23/2025
4/24/2025
4/25/2025
4/26/2025
4/27/2025
4/28/2025
4/29/2025
4/30/2025
Total
Average 120 0.10 0.020 230.00 0.80 99 97
Maximum 120 0.10 0.020 230.00 0.80 99 97
Minimum 120 0.10 0.020 230.00 0.80 99 97
ADELANTO WWTP SUMMARY REPORT
Date
Eff. semi-annual Apr & Oct Annually in October Effluent semi annual April & October 168
Section E
Operations and Maintenance
169
April 2025
Section E – Operations and Maintenance
Operations and Maintenance
OPERATIONAL DETAILS
Average Daily Flow (MGD) 3.119
Peak Daily Flow (MGD) 3.164
MAINTENANCE ACTIVITIES
Number of Work Orders: [VALUE]
Current Month Prior Month
Opened Closed Opened Closed
Preventative Maintenance 144 144 124 124
Corrective Maintenance 3 3 0 0
Emergency Repairs 0 0 0 0
Total
EMERGENCY CALLOUTS
Date/Time Cause Response Resolution
None
170
April 2025 Section E Completed Work Orders
Adelanto Wastewater Treatment System
Completed Work Orders
Below is a list of Adelanto’s Wastewater System’s completed work orders for the month of April: 144 tasks completed.
Completed
Date
Asset ID Asset
Description
Brief Description
4/2/2025 AD_SAMPLING SAMPLING Semi-annual samples due next week 4/1/2025 ADPLGPD1 Pipe Plug
(pig)
Check plug
4/1/2025 ADPOLYUNIT Polymer unit Clean polymer flow sensor 4/1/2025 ADSCCLW Sludge
Thickener
West
Sludge thickener check
4/1/2025 ADSCCLE Sludge
Thickener
East
Sludge thickener check
4/1/2025 AD_SC-CLRFYR-N North
Clarifier
Weekly Clarifier check
4/1/2025 AD_SC-CLRFYR-S South
Clarifier
Weekly Clarifier check
4/1/2025 AD_SH_CENTRISYS Centrisys
Centrifuge
Lubricate Housing Seal Assembly
4/1/2025 AD_SH_CENTRISYS Centrisys
Centrifuge
Lubricate Solids and Liquid end
Headwall External Assembly
4/1/2025 AD_SH_CENTRISYS Centrisys
Centrifuge
Check Auto Lubricator for grease
4/1/2025 AD_SH_ANDRITZ Andritz
Centrifuge
Run Andritz centrifuge
4/1/2025 ADINFEFFSMPLRS Influent and
Effluent
sampler
Clean Influent Effluent Sampler
4/2/2025 AD_DOPROBES D O probes
on North and
South Basins
Clean D.O. Probes on North and
South Basin
4/2/2025 ADBASINS North and
South basins
Internal recycle pumps
4/2/2025 AD_SAMPLING SAMPLING Bio solids sampling
4/3/2025 AD_RCYCLPMP1 Recycle
pump 1 for
new plant
water system
Bump motor for Recycle pump
171
April 2025 Section E Completed Work Orders
Adelanto Wastewater Treatment System
4/3/2025 AD_RCYCLPMP2 Recycle
pump 2 for
new plant
water system
Bump motor for Recycle pump
4/3/2025 AD_SCADA SCADA
system
Scada Test
4/3/2025 AD_HAZ-WST Haz waste
check sheet
Check and fill out weekly check
sheet
4/3/2025 AD_HAZ-WST Haz waste
check sheet
Check AGST binder and make sure it
is up to date
4/3/2025 ADELPNFLTS FILTERS Clean VFD Panel Filters
4/3/2025 ADEYEWSHST eye wash eye wash/shower weekly check 4/3/2025 AD_BLWR_BLD BUILDINGS Replacement of Blower Building Filters
4/3/2025 AD-FAK First aid kits Monthly first aid kits check 4/3/2025 AD_HW-FR-E Flex Rake
East
Flexrake check
4/3/2025 AD_HW-GC-CPT1 Grit Collector
CPT 1
Monthly CPT inspection
4/3/2025 AD_HW-GC-CPT2 Grit Collector
CPT 2
Monthly CPT inspection
4/3/2025 AD_RAS_PMPS RAS pumps Swap RAS pumps
4/7/2025 AD_SH-POL-M Polymer
Motor
polymer pump gear box oil check
4/7/2025 AD_GD Multi gas
detector
Multi Gas Detector Calibration
4/7/2025 AD_8INPORTPMP 8 Inch
portable
pump
Run 8 in portable pump
4/7/2025 AD_RPTS Reports Collections, IPP, Emaint
4/8/2025 ADSCCLW Sludge
Thickener
West
sludge thickener drive chain check
4/8/2025 ADSCCLE Sludge
Thickener
East
sludge thickener drive chain check
4/8/2025 AD_SC-PT Scum pit Clarifier scum pit
4/8/2025 AD_SC-RAS-P1 Sludge
Thickener
RAS Pump 1
Sludge Thickener R.A.S. pump
inspection
4/8/2025 AD_SC-RAS-P2 Sludge
Thickener
RAS Pump 2
Sludge Thickener R.A.S. pump
inspection
4/8/2025 AD_SIPS-ST SIPS Station sips station motor check 172
April 2025 Section E Completed Work Orders
Adelanto Wastewater Treatment System
4/8/2025 AD_TRAC Tractor Check oil in tractor
4/8/2025 AD_SH-CENTRISYS-MM Centrisys
Muffin
Monster
Centrisys Muffin Monster lubrication
grease
4/8/2025 AD_HW-IP1 Influent
Pump 1
Rotate settings with Bypass pump
4/8/2025 ADPLGPD1 Pipe Plug
(pig)
Check plug
4/8/2025 ADPOLYUNIT Polymer unit Clean polymer flow sensor 4/8/2025 ADSCCLW Sludge
Thickener
West
Sludge thickener check
4/8/2025 ADSCCLW Sludge
Thickener
West
Scum Pit
4/8/2025 ADSCCLE Sludge
Thickener
East
Sludge thickener check
4/8/2025 ADSCCLE Sludge
Thickener
East
Scum Pit
4/8/2025 AD_SC-CLRFYR-N North
Clarifier
Weekly Clarifier check
4/8/2025 AD_SC-CLRFYR-S South
Clarifier
Weekly Clarifier check
4/8/2025 BELLFLOWER_AUBURN Collection
Systems
Manhole inspection
4/8/2025 AD_SH_CENTRISYS Centrisys
Centrifuge
Lubricate Housing Seal Assembly
4/8/2025 AD_SH_CENTRISYS Centrisys
Centrifuge
Lubricate Solids and Liquid end
Headwall External Assembly
4/8/2025 AD_SH_CENTRISYS Centrisys
Centrifuge
Check Auto Lubricator for grease
4/8/2025 AD_SH_ANDRITZ Andritz
Centrifuge
Run Andritz centrifuge
4/9/2025 AD_DOPROBES D O probes
on North and
South Basins
Clean D.O. Probes on North and
South Basin
4/9/2025 AD_RCYCLPMP1 Recycle
pump 1 for
new plant
water system
Bump motor for Recycle pump
4/9/2025 AD_RCYCLPMP2 Recycle
pump 2 for
Bump motor for Recycle pump
173
April 2025 Section E Completed Work Orders
Adelanto Wastewater Treatment System
new plant
water system
4/9/2025 ADBASINS North and
South basins
Internal recycle pumps
4/11/2025 AD_SCADA SCADA
system
Scada Test
4/11/2025 AD_AZ_BLWR1 Aerzen
Blower 1
Change and wash pre-filters
4/11/2025 AD_AZ_BLWR2 Aerzen
Blower 2
Change and wash pre-filters
4/11/2025 AD_AZ_BLWR3 Aerzen
Blower 3
Change and wash pre-filters
4/11/2025 AD_HAZ-WST Haz waste
check sheet
Check and fill out weekly check
sheet
4/11/2025 AD_HAZ-WST Haz waste
check sheet
Check AGST binder and make sure it
is up to date
4/15/2025 ADPLGPD1 Pipe Plug
(pig)
Check plug
4/15/2025 ADPOLYUNIT Polymer unit Clean polymer flow sensor 4/15/2025 ADSCCLW Sludge
Thickener
West
Sludge thickener check
4/15/2025 ADSCCLE Sludge
Thickener
East
Sludge thickener check
4/15/2025 AD_SC-CLRFYR-N North
Clarifier
Weekly Clarifier check
4/15/2025 AD_SC-CLRFYR-S South
Clarifier
Weekly Clarifier check
4/15/2025 AD_SH_CENTRISYS Centrisys
Centrifuge
Lubricate Housing Seal Assembly
4/15/2025 AD_SH_CENTRISYS Centrisys
Centrifuge
Lubricate Solids and Liquid end
Headwall External Assembly
4/15/2025 AD_SH_CENTRISYS Centrisys
Centrifuge
Check Auto Lubricator for grease
4/15/2025 AD_SH_ANDRITZ Andritz
Centrifuge
Run Andritz centrifuge
4/16/2025 AD_DOPROBES D O probes
on North and
South Basins
Clean D.O. Probes on North and
South Basin
4/16/2025 AD_RCYCLPMP1 Recycle
pump 1 for
new plant
water system
Bump motor for Recycle pump
174
April 2025 Section E Completed Work Orders
Adelanto Wastewater Treatment System
4/16/2025 AD_RCYCLPMP2 Recycle
pump 2 for
new plant
water system
Bump motor for Recycle pump
4/16/2025 ADBASINS North and
South basins
Internal recycle pumps
4/16/2025 LIFTSTATION Pump station lift station float alarm 4/17/2025 AD_PONDS Percolation
Ponds
Rotate ponds, Vance rehabilitating
and scarifying ponds.
4/18/2025 AD_SCADA SCADA
system
Scada Test
4/18/2025 AD_HAZ-WST Haz waste
check sheet
Check and fill out weekly check
sheet
4/18/2025 AD_HAZ-WST Haz waste
check sheet
Check AGST binder and make sure it
is up to date
4/18/2025 FIREEXTR Fire
Extinguisher
fire extinguisher inspection
4/22/2025 ADPLGPD1 Pipe Plug
(pig)
Check plug
4/22/2025 ADPOLYUNIT Polymer unit Clean polymer flow sensor 4/22/2025 ADSCCLW Sludge
Thickener
West
Sludge thickener check
4/22/2025 ADSCCLW Sludge
Thickener
West
Scum Pit
4/22/2025 ADSCCLE Sludge
Thickener
East
Sludge thickener check
4/22/2025 ADSCCLE Sludge
Thickener
East
Scum Pit
4/22/2025 AD_SC-CLRFYR-N North
Clarifier
Weekly Clarifier check
4/22/2025 AD_SC-CLRFYR-S South
Clarifier
Weekly Clarifier check
4/22/2025 BELLFLOWER_AUBURN Collection
Systems
Manhole inspection
4/22/2025 AD_SH_CENTRISYS Centrisys
Centrifuge
Lubricate Housing Seal Assembly
4/22/2025 AD_SH_CENTRISYS Centrisys
Centrifuge
Lubricate Solids and Liquid end
Headwall External Assembly
4/22/2025 AD_SH_CENTRISYS Centrisys
Centrifuge
Check Auto Lubricator for grease
175
April 2025 Section E Completed Work Orders
Adelanto Wastewater Treatment System
4/22/2025 AD_SH_ANDRITZ Andritz
Centrifuge
Run Andritz centrifuge
4/23/2025 AD_SAMPLING SAMPLING Monitoring well
4/23/2025 AD_DOPROBES D O probes
on North and
South Basins
Clean D.O. Probes on North and
South Basin
4/23/2025 AD_RCYCLPMP1 Recycle
pump 1 for
new plant
water system
Bump motor for Recycle pump
4/23/2025 AD_RCYCLPMP2 Recycle
pump 2 for
new plant
water system
Bump motor for Recycle pump
4/23/2025 AD_SCADA SCADA
system
Scada Test
4/23/2025 ADBASINS North and
South basins
Internal recycle pumps
4/25/2025 LIFTSTATION Pump station lift station float alarm 4/25/2025 LIFTSTATION Pump station Wet well grease cleaning 4/25/2025 LIFTSTATION Pump station air release debris removal 4/25/2025 LIFTSTATION Pump station Run backup generator for monthly test
4/25/2025 AD-PORT-GEN Generators RUN PORTABLE GENERATOR FOR 15
MINUTES
4/25/2025 AD_HW-GP-P1 Grit Pump 1 grit pump check
4/25/2025 AD_HW-GP-P1 Grit Pump 1 grit pump belt check, replaced broken belts.
4/25/2025 AD_HW-GP-P2 Grit Pump 2 grit pump check
4/25/2025 AD_HW-GP-P2 Grit Pump 2 grit pump belt check
4/25/2025 AD_AZ_BLWR1 Aerzen
Blower 1
Change and wash pre-filters
4/25/2025 AD_AZ_BLWR2 Aerzen
Blower 2
Change and wash pre-filters
4/25/2025 AD_AZ_BLWR3 Aerzen
Blower 3
Change and wash pre-filters
4/25/2025 AD_HAZ-WST Haz waste
check sheet
Check and fill out weekly check
sheet
4/25/2025 AD_HAZ-WST Haz waste
check sheet
Check AGST binder and make sure it
is up to date
4/25/2025 AD_HW-GP-P1 Grit Pump 1 replacing broken and loose belts 4/29/2025 ADPLGPD1 Pipe Plug
(pig)
Check plug
4/29/2025 ADPOLYUNIT Polymer unit Clean polymer flow sensor 176
April 2025 Section E Completed Work Orders
Adelanto Wastewater Treatment System
4/29/2025 ADSCCLW Sludge
Thickener
West
Sludge thickener check
4/29/2025 ADSCCLE Sludge
Thickener
East
Sludge thickener check
4/29/2025 AD_SC-CLRFYR-N North
Clarifier
Weekly Clarifier check
4/29/2025 AD_SC-CLRFYR-S South
Clarifier
Weekly Clarifier check
4/29/2025 AD_SH_CENTRISYS Centrisys
Centrifuge
Lubricate Housing Seal Assembly
4/29/2025 AD_SH_CENTRISYS Centrisys
Centrifuge
Lubricate Solids and Liquid end
Headwall External Assembly
4/29/2025 AD_SH_CENTRISYS Centrisys
Centrifuge
Check Auto Lubricator for grease
4/29/2025 AD_SH_ANDRITZ Andritz
Centrifuge
Run Andritz centrifuge
4/30/2025 ADPHECMD Probe Calibrate pH and EC probes. In the process of changing out SC100,
cannot calibrate probes
4/30/2025 AD_SC-PW-P_NORTH Plant Water
Pump North
plant water pump check currently
not in use
4/30/2025 AD_SC-PW-P_NORTH Plant Water
Pump North
plant water pump belt check
currently not in use
4/30/2025 AD_SC-PW-P_SOUTH Plant Water
Pump South
plant water pump check currently
not in use
4/30/2025 AD_SC-PW-P_SOUTH Plant Water
Pump South
plant water pump belt check
currently not in use
4/30/2025 BELLFLOWER_AUBURN Collection
Systems
Bellflower and Auburn delayed until
next month
4/30/2025 HOTLIST Collection
Systems
Pearmain and Taylor delayed until
next month
4/30/2025 HOTLIST Collection
Systems
Pearmain and Cactus delayed until
next month
4/30/2025 HOTLIST Collection
Systems
Aster and Vintage delayed until next
month
4/30/2025 HOTLIST Collection
Systems
Verbena & Mojave delayed until next
month
4/30/2025 HOTLIST Collection
Systems
Forest and Muskrat delayed until
next month
4/30/2025 HOTLIST Collection
Systems
Joshua & Verbena delayed until next
month
177
April 2025 Section E Completed Work Orders
Adelanto Wastewater Treatment System
4/30/2025 AD_DOPROBES D O probes
on North and
South Basins
Clean D.O. Probes on North and
South Basin
4/30/2025 AD_RCYCLPMP1 Recycle
pump 1 for
new plant
water system
Bump motor for Recycle pump
4/30/2025 AD_RCYCLPMP2 Recycle
pump 2 for
new plant
water system
Bump motor for Recycle pump
4/30/2025 ADBASINS North and
South basins
Internal recycle pumps
178
Section F
Financial Update
179
April 2025
Section F – Financial Updates
Financial Update
Monthly Chemical Consumption
Chemical Name Total Consumption (gallons)
POLYMER 227.9
N/A N/A
Monthly Power Consumption
Power Source Total Consumption (kWh)
SCE 790
SOLAR 509
Chemical and Bio-solids Costs
Current Month Year-to-Date Spend
POLYMER $7,590 $22,770
Bio-Solids hauling/tipping fee $13,552.36 $54,004.27
Client Reimbursable Expenses
Current Month Year-to-Date Spend
[MAINTENANCE & REPAIR] $0 $1,268.67
[CAPITAL PROJECTS] [$0] [$0]
180
April 2025 Section D – Bio-solids Report
Adelanto Wastewater Treatment System
Bio-solids Report
In April 2025, PERC Water Staff performed dewatering procedures to dewater 2,046,932 gallons of bio-solids from the aerated solids holding tank. See data table below for amounts and disposal costs. Wet tons of bio-solids were removed at an average total solids concentration of 20%. End dump trailers were collected periodically by GIC Corporation and delivered to Synagro composting facility in Helendale, CA.
Wet Tons Dry Tons Wet Tons Dry
Tons
January 295.29 55.22 12 12 $4,709.88 $9,611.69 $14,321.57 $48.50 February 272.84 51.02 11 11 $4,351.80 $8,880.94 $13,232.74 $48.50 March 265.93 49.73 834.06 155.97 11 11 $4,241.58 $8,656.02 $12,897.61 $48.50 April 279.43 55.89 11 11 $4,456.91 $9,095.45 $13,552.36 $48.50 May 0.00 $0.00 $0.00 $0.00 #DIV/0!
June 0.00 279.43 55.89 $0.00 $0.00 $0.00 #DIV/0!
July 0.00 $0.00 $0.00 $0.00 #DIV/0!
August 0.00 $0.00 $0.00 $0.00 #DIV/0!
September 0.00 0.00 0.00 $0.00 $0.00 $0.00 #DIV/0!
October 0.00 $0.00 $0.00 $0.00 #DIV/0!
November 0.00 $0.00 $0.00 $0.00 #DIV/0!
December 0.00 0.00 0.00 $0.00 $0.00 $0.00 #DIV/0!
Total Tons 1113.49 211.86 1113.49 211.86 45 45 $17,760.17 $36,244.10 $54,004.27 #DIV/0! Metric Tons 1009.94 192.15 1009.94 192.15 total total total total total average 2025 BIO-SOLIDS HAULED
Adelanto production Quarter # of GIC
end
dump
Removed
# Synagro
loads
received
Total Hauling
Cost
Total
Tipping Fee
Cost
Total Cost Total Cost
Per Ton
181
April 2025 Section D – Bio-solids Report
Adelanto Wastewater Treatment System
Burrtec hauls off screenings/rags and recycle product from the facility each month. See data table below for bins removed from the Facility.
RECYCLE
# of Bins ft3
yards # of Bins
January 24 48 2
February 20 40 2
March 20 40 1
April 20 40 2
May 0
June 0
July 0
August 0
September 0
October 0
November 0
December 0
Total 84 168 7
2025 SCREENINGS/GRIT HAULED
182
Section G
Action Items Requiring
Approval
183
April 2025
Section G – Action Items Requiring Approval
Action Items Requiring Approval
We request the review and approval of the following proposed repairs and capital improvements on the facility.
Request Impact Estimated Cost
Convert radio
communications to fiber
optics
Reduced down time for
SCADA communications and
eliminate non-essential
alarms
$5,000
Replace influent pump
station check valves
Perform during influent
wetwell shutdown. $17,000
Sent Internal Recycle pump
to Xylem for PM estimate
No backup pump until this
one has PM completed
$22,000
184
Section H
Environmental Health and
Safety
185
April 2025
Section H – Environmental Health and Safety
Environmental Health and Safety
No injuries this month, no recordable incidents since April 2012.
Performed monthly toolbox topics, and online safety training:
Online training: Proper ethics, code of conduct, Cybersecurity.
Toolbox topics: Lock out/tag out, Heat illness, Heat stress, Hydration awareness. 186
Section I
Personnel
187
March 2025
Section I – Personnel
Personnel
David Kachelski – Chief Plant Operator
Tristan Hause – Lead Wastewater Operator
Scott Heller – OIT
Scott Heller passed Gade I WWTPO exam
Tristan Hause is scheduled to take grade III exam in May 188
Section J
Public Outreach
189
April 2025
Section J – Public Outreach
Public Outreach
Attended Mojave Water Agency Board of Directors 5-8-2025, zoom meeting. 190
Section K
Appendix
191
April 2025
Section K – Appendix
Data Logs
[see section D]
Photos
Unusual black colored influent 4-25-25
192
April 2025
Section K – Appendix
Pond 4 post PM work
193
April 2025
Section K – Appendix
Pond 5 post PM work
194
April 2025
Section K – Appendix
Pond 9 post PM work
Additional
Documentation
195
PROJECT STATUS REPORT & PROJECTIONS
Project Name: City of Adelanto
Department: Collection System
Month: April 2025
Prepared By: PERC Water Corporation
PROJECT STATUS REPORT
Date Footage
Mo/Yr Area Locations That Need Attention
April 2025 16,906 / 75,393 • North, middle,
south end of
town
• Monthly enhanced maintenance
areas
TABLE OF CONTENTS:
01) Adelanto Enhanced Maintenance Annual Log 2025
02) Adelanto Enhanced Maintenance 03-25
LIST OF NOTES:
01) On 4-25-25 PERC staff cleaned Muskrat lift stations grease layer with PERC’s owned Vactor. 02) On 4-28-25 PERC staff received sewer call from 10460 Butte St. Staff checked up/down stream manholes, flowing normally. Advised owner to seek plumber to resolve in building lateral. 03) PERC staff received and reviewed 162 USA dig alerts. 196
City of Adelanto Enhanced Maintenance Collection System Operator: Scott Ayers & Todd Ellis Month: April 2025 Date Location Street & Cross Street Feet
Cleaned
Comments
1 4/2/2025 Vintage 288 Vintage south on Colonial, Heavy debris 2 4/2/2025 Vintage 295 East, sticks & grease
3 4/2/2025 Payne 220 Payne east to Colonial, sticks removed 4 4/2/2025 Colonial to Payne 310
5 4/2/2025 Franklin 220 West
6 4/2/2025 Colonial 268 South to Franklin
7 4/2/2025 Colonial 286 South
8 4/2/2025 Panther 177 North
9 4/2/2025 Panther 346 North
10 4/2/2025 Panther 346 North
11 4/2/2025 Panther 346 North
12 4/2/2025 Colonial 286 North
13 4/2/2025 Colonial 286 North
14 4/2/2025 Colonial 286 North, removed concrete
15 4/2/2025 Colonial 286 North
16 4/2/2025 Colonial 39 North
17 4/2/2025 Colonial 135 North
18 4/2/2025 Arbor 232 South
19 4/2/2025 Arbor 232 South
20 4/2/2025 Arbor 207 South
21 4/2/2025 Arbor 312 South
22 4/2/2025 Forrest 268 West
23 4/2/2025 Birch 345 South
24 4/2/2025 Birch 315 South
25 4/2/2025 Birch 90 South
26 4/2/2025 Maple 217 West
27 4/2/2025 Maple 250 West
Total Feet 6,888
197
City of Adelanto Enhanced Maintenance Collection System Operator: Scott Ayers & Todd Ellis Month: April 2025 Date Location Street & Cross Street Feet
Cleaned
Comments
28 4/2/2025 Maple 188 East
29 4/2/2025 Maple 291 East
30 4/2/2025 Cedar 284 South
31 4/2/2025 Cedar 284 South
32 4/2/2025 Cedar 285 South
33 4/2/2025 Cedar 90 South
34 4/3/2025 Forrest 270 West
35 4/3/2025 Forrest 270 West
36 4/3/2025 Dogwood 345 south, grit
37 4/3/2025 Dogwood 380 South
38 4/3/2025 Dogwood 95 South
39 4/3/2025 Muskrat 600 South
40 4/3/2025 Forrest 300 West
41 4/3/2025 Thomas ct 278 South
42 4/3/2025 Thomas ct 278 South
43 4/3/2025 Chamberlaine 170 East
44 4/3/2025 Chamberlaine 320 East
45 4/3/2025 Chamberlaine 320 East
46 4/3/2025 Chamberlaine 350 East
47 4/3/2025 Chamberlaine 350 East , heavy grease
48 4/3/2025 Sonoma 140 North
49 4/3/2025 Bouquet 190 East
50 4/3/2025 Bouquet 205 East
51 4/3/2025 Sonoma 140 East
52 4/3/2025 Zinfandel 200 East, heavy grease
53 4/3/2025 Zinfandel 210 East
54 4/3/2025 Sonoma 280 North
Total Feet 7,113
198
City of Adelanto Enhanced Maintenance Collection System Operator: Scott Ayers & Todd Ellis Month: April 2025 Date Location Street & Cross Street Feet
Cleaned
Comments
55 4/3/2025 Bethany 240 West
56 4/3/2025 Bethany 240 West
57 4/3/2025 Laurie 280 South
58 4/3/2025 Orchard 240 West
59 4/3/2025 Orchard 240 West
60 4/3/2025 Laurie 285 South, removed sticks
61 4/3/2025 Bella 240 West
62 4/3/2025 Bella 240 West
63 4/4/2025 1st MH W Auburn & 395 400 Cleaned west grease in MH surcharged 64 4/4/2025 1st mH E Auburn & 395 500 Cleaned west
Total Feet 2,905
199
ADELANTO PUBLIC UTILITY AUTHORITY
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: May 28, 2025
TO: Honorable Chairman and APUA Board
FROM: Jessie Flores, City Manager
BY: Richard Burgess, Engineer Services Manager
SUBJECT: Approval of Adelanto Road Water Main Project Change Order in the amount of $86,207.55
STAFF RECOMMENDATION:
Staff recommends that Adelanto Public Utility Authority (APUA) approve additional funding to accommodate a change in the project scope, as requested by the City Engineering Department, to include the expansion of additional water infrastructure.
BACKGROUND:
The Adelanto Road Water Main Project was presented to the APUA Board on August 14, 2024, to support the expansion of water infrastructure to the northeast region of the City of Adelanto. During construction, unforeseen field conditions and required adjustments led to the issuance of Change Orders (COs). Below is a summary of each Change Orders along with its justification.
PCO 01 – Additional Fire Hydrants
Reason: San Bernardino County Fire Department required fire hydrants every 300 feet along Adelanto Road for improved fire protection.
Impact: Additional materials and installation labor cost.
PCO 03 – Abandonment of Existing Sewer Manhole
Reason: An old sewer manhole, previously paved over and not in service, was discovered. The City Engineer directed the contractor to abandon it.
Contract Terms: Time and Material (T&M) basis.
PCO 04 – Removal of Abandoned Valve Cluster
Reason: An abandoned and paved-over valve cluster was found during construction. Contractor was instructed to remove it.
Impact: Additional labor.
PCO 05 – Encroachment Permit from City of Victorville
Reason: A permit was required to work in Victorville’s jurisdiction for encroachment on the northbound lane.
Impact: Additional permit cost.
PCO 06 – Replacement of Residential Water Service Lateral Reason: City Engineer directed replacement due to the condition and conflict with new infrastructure. 200
Impact: Additional labor and material costs
PCO 07 – Surveying and Staking
Reason: Surveyor services were required to properly stake project components in the field.
Impact: Fee for Surveyor.
PCO 08 – Unmarked Edison Duct Bank Hit
Reason: Contractor hit an unmarked Southern California Edison (SCE) duct bank.
Impact: Work stoppage, coordination with utility, additional labor costs.
PCO 09 – Additional Potholing for Unmarked Fiber/Power Lines Reason: Extra potholing was necessary due to discovery of unmarked utility lines (fiber optic and power).
Impact: Additional labor costs.
PCO 10 – Installation of Pressure Reducing Valves (PRVs) Reason: Required to reduce incoming water pressure to the Wastewater Treatment Plant to protect equipment and maintain system integrity.
Additional materials and installation labor cost.
PCO 11 – Material Credit for Design Optimization
Reason: Contractor identified an opportunity for redesign resulting in material cost savings.
Credit Amount: $21,754.67
These change orders reflect necessary adjustments and safety requirements encountered during construction. While some changes added cost and complexity, Change Order 11 provides a cost-saving benefit through a value-engineered redesign. Staff recommend acknowledgment of these Change Orders as part of the project’s ongoing progress. With the Adelanto Road Water Main project being completed, the Engineering department stayed well under 5% contingency at approximately 1.6% contingency on a $5,288,940 project.
FISCAL IMPACT: There will be no impact on the City’s General Fund. The total construction cost of $86,207.55 will be fully funded through the APUA.
ATTACHMENTS:
Attachment No. 1 Contract Services Agreement with High Desert Underground Inc.
Attachment No. 2 Change Order
201
2512/026150-0001
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ADELANTO PUBLIC UTILITY AUTHORITY
(APUA)
CONTRACT SERVICES AGREEMENT
Adelanto Road Water Main Project
THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this ___14___ day of ___August___, 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 August 22, 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 202
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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 203
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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 (180) days cumulatively.
1.6 Force Majeure. The time period(s) specified in the Scope of Services for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight 204
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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 FIVE MILLION, TWO HUNDRED EIGHTYEIGHT THOUSAND, NINE HUNDRED AND FORTY DOLLARS AND ZERO CENTS ($5,288,940) notwithstanding any contrary indications that may be contained in 205
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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
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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 209
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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 210
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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:
ADELANTO ROAD WATER MAIN. 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 212
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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 213
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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).
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 214
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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 215
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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. 216
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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. 217
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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. 218
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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 219
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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 220
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“Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Administrator or upon the expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
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 the Documents and Materials.
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. 221
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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.
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10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 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 Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Contractor Principals and Representatives. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
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10.8 City Contract Administration. This Agreement shall be administered by a City employee, 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.
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10.11 Integration, Interpretation. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.13 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (I) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
10.14 Nondiscrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.15 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.16 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
10.17 No Undue Influence. Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.18 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. 225
2512/026150-0001
19521958.1 a08/22/24 -25-
[Signatures on Following Page]
226
2512/026150-0001
19521958.1 a08/22/24 -26-
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
CONTRACTOR
«Contractor_Signature_1»
«Contractor_Signature_2»
[Note: 2 officer’s signatures required if
Contractor is a corporation, unless provided
with a certificate of secretary in-lieu]
227
2512/026150-0001
19521958.1 a08/22/24
EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
Services shall include ADELANTO ROAD WATER MAIN 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 FIVE MILLION, TWO HUNDRED EIGHTY EIGHT THOUSAND, NINE HUNDRED AND FORTY DOLLARS AND ZERO CENTS ($5,288,940) 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. 228
NO:
PRICE
$ 42,732.00
$ -
$ 4,056.00
$ 5,526.30
$ 2,320.86
$ 2,897.40
$ 34,200.00
$ 1,677.60
$ 1,951.20
$ 12,600.86
$ (21,754.67)
$ -
$ -
1 ORIGINAL CONTRACT $ 5,288,940.00
Additional Working Days 0
CITY REPRESENTATIVE APPROVAL DATE
(ADDITIONAL COST IF THE CITY REQUESTS IT) BOND RIDER UPDATE $ - 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.
NOTICE:
1 NEW REVISED CONTRACT TOTAL $ 5,375,147.55
01 TOTAL
J2024-44 / CIP2024-05
PCO 02 - VOID
PROJECT NO.:
QTY DESCRIPTION
ADELANTO ROAD PROJECT CHANGE ORDERS
1 PROJECT DESCRIPTION:
$ -
1 PCO 01 - ADDITIONAL FH ASSEMBLIES
PCO 11 - MATERIAL CREDITS
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
DATE:
CHANGE ORDER
5/6/2025
CITY OF ADELANTO
SUBMITTED TO: RICHARD BURGESS
COMPANY:
$ 42,732.00
1 Subtotal $ 86,207.55
1 PCO 04 - ABANDON EXISTING CROSS 02/06/2025 $ 5,526.30 1 PCO 05 - COVV ENCROACHMENT PERMIT $ 2,320.86
1 PCO 06 - 2IN SERVICE REPLACEMENT 02/19/2025 $ 2,897.40 PCO 10 - 3" PRV INSTALLATION $ 12,600.86
1 $ (21,754.67)
1 PCO 03 - ABANDON SEWER MH 02/05/2025 $ 4,056.00
1 PCO 07 - SURVEY AND STAKING $ 34,200.00
1 PCO 08 - UNMARKED UTILITY STRIKE 02/21/2025 $ 1,677.60 1 PCO 09 - ADDITIONAL POTHOLING $ 1,951.20
229
230
NO:
HRS PRICE
5 $ 124.50
5 $ 124.50
5 $ 93.50
5 $ 45.00
5 $ 80.00
5 $ 85.00
5 $ 30.00
$ 676.00
$ -
TOTAL
1 Subtotal $ 3,380.00
1 EX01 - CASE EXCAVATOR $ 400.00
1 LD06 - JD LOADER $ 425.00
2 LABORER $ 935.00
1 BH06 - BACKHOE $ 225.00
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
DATE:
CHANGE ORDER
REQUEST
$ 622.50
2/21/2025
CITY OF ADELANTO
SUBMITTED TO: RICHARD BURGESS
COMPANY:
003
TOTAL
J2024-44 / CIP2024-05
OPERATOR
PROJECT NO.:
QTY DESCRIPTION
ADELANTO RD WATERLINE - SEWER MANHOLE ABANDONMENT
PERFORMED ON 02/05/2025
FOREMAN/OPERATOR
1 PROJECT DESCRIPTION:
1 $ 622.50
WATER TRUCK $ 150.00
CITY REPRESENTATIVE APPROVAL DATE
(ADDITIONAL COST IF THE CITY REQUESTS IT) BOND RIDER UPDATE $ -
EXCLUSIONS INCLUDE
(BUT ARE NOT LIMITED TO):
Additional Working Days 1
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. UPON 18" DIP INSTALLATION AND POTHOLING EFFORTS ON 2/4 PRIOR TO EXCAVATING THE INTERSECTION OF BARLETT AVE, AT APPROX. STA 36+50 AN EXISTING SEWER MANHOLE WAS DISCOVERED. THIS MANHOLE HAD TO BE ABANDONED AS IT WAS IN THE WAY OF THE PIPE ALIGNMENT. AUTHORIZATION WAS GIVEN TO THE SITE FOREMAN BY R. BURGESS TO PROCEED WITH ABANDONING THE SEWER MANHOLE ON 2/5/2025.
1 HDU 20% OH&P $ 676.00
THANK YOU FOR THE OPPORTUNITY TO SUBMIT THIS PROPOSAL
**Exclusions Include but are not limited to: Fees, Surveying/Staking, Compaction Tests, Inspection Fees, Construction Water, Permanent Paving, Bonds, Meter
NOTICE:
1 $ 4,056.00
231
NO:
HRS PRICE
4 $ 124.50
4 $ 124.50
4 $ 93.50
4 $ 45.00
4 $ 85.00
4 $ -
1 $ 1,469.25
$ 921.05
$ -
TOTAL
NOTICE:
1 $ 5,526.30
1 HDU 20% OH&P $ 921.05
CITY REPRESENTATIVE APPROVAL DATE
(ADDITIONAL COST IF THE CITY REQUESTS IT) BOND RIDER UPDATE $ -
EXCLUSIONS INCLUDE
(BUT ARE NOT LIMITED TO):
Additional Working Days 1
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. UPON 18" DIP INSTALLATION AND POTHOLING EFFORTS ON 2/4 PRIOR TO EXCAVATING THE INTERSECTION OF BARLETT AVE, AT APPROX. STA 36+50 AN EXISTING WATER CROSS PACKAGED WAS DISCOVERED TO BE IN THE ALIGNMENT OF THE NEW PIPE. PER THE DIRECTION OF R. BURGESS, HDU WAS DIRECTED TO EXCAVATE AND ABANDON THE WATERLINE OUT OF THE WAY OF THE NEW 18" MAINLINE. ALL MATERIALS PROVIDED BY HDU
THANK YOU FOR THE OPPORTUNITY TO SUBMIT THIS PROPOSAL
**Exclusions Include but are not limited to: Fees, Surveying/Staking, Compaction Tests, Inspection Fees, Construction Water, Permanent Paving, Bonds, Meter
004
TOTAL
J2024-44 / CIP2024-05
OPERATOR
PROJECT NO.:
QTY DESCRIPTION
ADELANTO RD WATERLINE - EXISTING WATERLINE ABANDONMENT
PERFORMED ON 02/06/2025
FOREMAN/OPERATOR
2 PROJECT DESCRIPTION:
1 $ 996.00
DATE:
CHANGE ORDER
REQUEST
$ 498.00
2/21/2025
CITY OF ADELANTO
SUBMITTED TO: RICHARD BURGESS
COMPANY:
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
1 LD06 - JD LOADER $ 340.00
3 LABORER $ 1,122.00
1 BH07 - BACKHOE $ 180.00
1 Subtotal $ 4,605.25
WATER TRUCK - NO CHARGE $ -
1 MATERIALS $ 1,469.25
232
NO:
PRICE
$ 1,934.05
$ 386.81
$ -
TOTAL
NOTICE:
1 $ 2,320.86
1 HDU 20% OH&P $ 386.81
CITY REPRESENTATIVE APPROVAL DATE
(ADDITIONAL COST IF THE CITY REQUESTS IT) BOND RIDER UPDATE $ -
EXCLUSIONS INCLUDE
(BUT ARE NOT LIMITED TO):
Additional Working Days 1
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. PER THE CITY OF VICTORVILLE
REQUIREMENTS, CANNOT PUT SIGNAGE OR TRAFFIC CONTROL NOTICES ON ROADWAYS, SIDEWALKS OR RIGHT OF WAYS WITHOUT AN ENCROACHMENT PERMIT.
THANK YOU FOR THE OPPORTUNITY TO SUBMIT THIS PROPOSAL
**Exclusions Include but are not limited to: Fees, Surveying/Staking, Compaction Tests, Inspection Fees, Construction Water, Permanent Paving, Bonds, Meter
005
TOTAL
PROJECT NO.: J2024-44 / CIP2024-05
QTY DESCRIPTION
COVV ENCROACHMENT PERMIT FOR ADELANTO ROAD X AIR
EXPRESSWAY TRAFFIC CONTROL CLOSURE
ENCROACHMENT PERMIT
PROJECT DESCRIPTION:
1 DATE:
CHANGE ORDER
REQUEST
$ 1,934.05
4/3/2025
CITY OF ADELANTO
SUBMITTED TO: RICHARD BURGESS
COMPANY:
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
Subtotal $ 1,934.05
233
From: [email protected]
To: Amber Larson
Subject: Payment Confirmation - Victorville, CA
Date: Thursday, January 30, 2025 8:31:31 AM
Caution: External ([email protected])
Sensitive Content Details
Report This Email FAQ GoDaddy Advanced Email Security, Powered by INKY Victorville, CA
Payment Confirmation
Payment Date Thursday, January 30, 2025
Order Number 48885
Line Items
Invoice # Item Description Quantity Unit Price Total Price EGINV-00162541 EROW25-00013 1 $1,934.05 $1,934.05
Item Total $1,934.05
Order Total $1,934.05
Thank you for your payment,
Victorville, CA
234
Issue Date: 02/05/2025
PERMIT NUMBER
EROW25-00013
City of Victorville
ENGINEERING DIVISION
Public Works & Water Department
14343 Civic Dr, Victorville, CA 92392
Main: 760-955-5158 | Fax: 760-955-5159
[email protected]
Inspection Request Website:
Expiration Date: 07/23/2025
PERMIT TYPE: Right of Way WORK CLASS: Right of Way Encroachment
PARCEL NUMBER ADDRESS OF WORK DISTRICT
0459-194-01 Southern California Logistics Airport
PROJECT INFORMATION
Location of Work: PHYSICAL WORK AT AIR EXPRESSWAY AND ADELANTO ROAD. TRAFFIC CONTROL WILL BE PLACED AT AIR EXPRESSWAY AND GATEWAY DRIVE.
Project Description: RIGHT OF WAY ENCROACMENT FOR TRAFFIC CONTROL SIGNAGE FOR CITY OF ADELANTO PROJECT/TRAFFIC CONTROL
ONLY AT THE INTERSECTION OF GATEWAY & AIR EXPRESSWAY
Scope of Work: INSTALLATION OF WATERLINE FOR CITY OF ADELANTO AT ADELANTO ROAD AND AIR EXPRESSWAY. TRAFFIC CONTROL WILL ENCROACH ON GATEWAY AND EXPRESSWAY IN CITY OF VICTORVILLE.
EST. CONST. START DATE EST. CONST. END DATE # TRAFFIC CONTROL DAYS 02/03/2025 02/14/2025 20
USA TICKET NUMBER TRACT/PARCEL MAP NO
A243460528
# OF PARCELS/LOTS
APPLICANT INFORMATION OWNER INFORMATION CONTRACTOR INFORMATION Name: High Desert Underground Name: Name: SOUTHERN CALIFORNIA LOGISTICS AIRPOR
Address: 13355 Osage Ct
Apple Valley, CA 92308
Address: Address: P.O. Box 5001
Victorville, CA 92393-5001
Phone: (760) 247-8999 Phone: Phone: (760) 243-1923
Emergency Phone: Emergency Phone: Emergency Phone:
Fax: Fax: Fax:
Email: [email protected] Email: Email: [email protected]
CONTRACTOR LICENSE
Types:
Number:
Expiration:
Insurance Exp Date:
Notes:
Invoiced Items:
FEE NAME FEE AMOUNT INVOICE# STATUS
Traffic Control Plan Review Fee $103.00 EGINV-00162422 Void Technology Fee $39.01 EGINV-00162422 Void
Right-of-Way Permit Issuance Fee $206.00 EGINV-00162422 Void Traffic Control Inspection Fee $539.00 EGINV-00162422 Void Right-of-Way Permit Issuance Fee $206.00 EGINV-00162541 Paid In Full Traffic Control Inspection Fee $1,540.00 EGINV-00162541 Paid In Full Technology Fee $85.05 EGINV-00162541 Paid In Full
Traffic Control Plan Review Fee $103.00 EGINV-00162541 Paid In Full Issued By: Approved by:
City Staff City Engineer
Page: 1
235
PERMIT NO.: EROW25-00013
Permit Type: Right of Way Issue Date:
02/05/2025
Expiration Date:
07/23/2025
1. In consideration of the granting of this application, it is agreed by the applicant that the City and any officer or employee thereof shall be saved harmless by the applicant from any liability or responsibility for any accident, loss, or damage to persons or property, happening or occurring as the proximate result of any of the work undertaken under the terms of this application, and the permit or permits which may be granted in response thereof, and that all of said liability are hereby assumed by the applicant.
2. For Right-of-Way Permits, it is further agreed that if any part of this installation interferes with the future use of the highway by the general public or the reconstruction, widening, or revision in grade of said highway or the construction of sewers or storm drains, this installation must be removed or relocated as directed by the City Engineer at the expense of the Permittee or his successor.
3. Construction must conform to the approved plans, Department of Public Works Standard Specifications for Public Improvements of the City of Victorville, and Victorville’s Municipal Code and must pass inspection by the Public Works Inspector.
4. Permittee must have a valid Business License and appropriate insurance requirements as set by the City’s Risk Management. In addition, the Permittee is responsible for complying with all other requirements which may be imposed by other agencies having jurisdiction.
5. All trench backfill and compaction shall be certified by a R.C.E. and in accordance with Victorville Municipal Code.
6. It shall be the Permittee’s responsibility to identify and protect existing surveying monuments in place and the permittee shall be financially responsible for resetting damaged or destroyed monuments.
7. All asphalt cuts must be temporarily patched with asphalt mix. Pavement replacement shall be by Permittee per City Standards.
8. Title 9 of the Victorville Municipal Code provides the authorization and terms for permits to conduct work in the public rights-of-way and authorizes the City Engineer to issue permits for construction within the rights-of-way of the City streets of Victorville.
9. This permit becomes effective only after payment of the permit and validation hereon by the City Cashier and after an Underground Service Alert ticket number has been acquired (underground work only).
10. This Permit and the approved Plans shall be maintained at the job site at all times and made available to the Public Works Inspector upon his/her request
11. Permits are only valid through the expiration date. If the permit expires and the work is not completed, a new permit is required and additional fees shall be required. Work conducted without a valid Permit shall result in an issuance of a STOP WORK NOTICE and the enforcement of applicable penalties and fines.
12. This permit may be extended one-time at no cost, if requested prior to the expiration date using the Request for Permit Extension form.
13. This Permit is only valid if work is started within 30 days after the granting of the permit and through the expiration date. If the permit expires and the work is not completed, a new permit is required and additional fees shall be required. Work conducted without a valid permit shall
RIGHT-OF-WAY PERMIT ACKNOWLEDGEMENT
Inspection Details: (A Pre-Construction Meeting is required before construction begins and must be scheduled 24-hours in advan STREETS SEWER WATER STORM DRAIN MISC.
Inspection Type Passed Inspection Type Passed Inspection Type Passed Inspection Type Passed Inspection Type Passed Grading Grading Material Grading MS4
Trenching Mainline Trenching Crossing Traffic control
Backfill Pipe Bedding Mainline Channel
Compaction Manholes & Covers Bedding Drop Inlet
Structural Pavement Secti Lateral Line Backfill Manhole Curb & Gutter Backfill Compaction Drywell
Sidewalk Compaction Testing Hydrostatic Alley Gutter
Handicap Ramp Chlorination Catch Basin
Drive approach Flushing Culvert
Base Pave Bacteria Sample Testing
Final Pavement Water Meter
Signage & Striping Backflow Testing
Traffic Signal Water Turn On
(The inspection types listed above are the minimum inspections required. This permit and the approved construction plans must be kept at the job site and available to the Public Works Inspector at all times. The electronic records for inspections of this project maintained by the City shall be deemed the official records. In the event there are any deviations between this job card and the electronic records, the electronic
INSPECTION PROCEDURE ACKNOWLEDGEMENT
1. The Permittee shall schedule all inspections 24-hours in advance, including traffic control set-up.
2. Inspections are available Monday through Thursday, 8:00 am through 4:00 pm. AM Inspections are between the hours of 8:00 am and 12:00 pm and PM Inspections are between the hours of 1:00 pm and 4:00 pm.
3. Friday and weekend Inspections are only available if requested and approved in writing with 72-hours minimum advanced notice.
4. An inspection must be called in each day that work is being conducted, including traffic control set-up. If not, penalties and fines will be enforced in
accordance with the Victorville Municipal Code (VMC) including but not limited to a STOP WORK NOTICE.
5. Should you need assistance regarding the scheduling of inspections with the Public Works Inspectors, please contact the Engineering Division of the Public Works & Water Department at 760.955.5158. 236
NO:
HRS PRICE
1.5 $ 124.50
2.5 $ 186.75
2 $ 124.50
2 $ 186.75
1.5 $ 93.50
2.5 $ 140.25
2 $ 93.50
2 $ 140.25
4 $ 45.00
$ 482.90
$ -
TOTAL
NOTICE:
1 $ 2,897.40
1 LABORER $ 187.00
1 LABORER OT $ 280.50
1 HDU 20% OH&P $ 482.90
CITY REPRESENTATIVE APPROVAL DATE
(ADDITIONAL COST IF THE CITY REQUESTS IT) BOND RIDER UPDATE $ -
EXCLUSIONS INCLUDE
(BUT ARE NOT LIMITED TO):
Additional Working Days 1
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. HDU LOCATED AND EXPOSED AN UNMARKED 2" GALVANIZED WATER SERVICE AT APPROX. STA 19+00 FEEDING 17824 ADELANTO ROAD. PER VERBAL AUTHORIZATION VIA CITY OF ADLEANTO, HDU HAD TO ABANDON THE SERVICE AT THE 4" MAINLINE AND TAP A NEW 1" SERVICE ON THE WEST SIDE OF THE STREET ON THE EXISTING 8" AC MAINLINE. BACKFILL, COMPACTION AND TEMP AC THE ROADWAY.
THANK YOU FOR THE OPPORTUNITY TO SUBMIT THIS PROPOSAL
**Exclusions Include but are not limited to: Fees, Surveying/Staking, Compaction Tests, Inspection Fees, Construction Water, Permanent Paving, Bonds, Meter
006
TOTAL
J2024-44 / CIP2024-05
OPERATOR OT
PROJECT NO.:
QTY DESCRIPTION
ADELANTO RD WATERLINE - REPLACED UNMARKED 2" WATER SERVICE AT 17824 ADELANTO RD NEAR STA 19+00 ON 02/19/2025
FOREMAN/OPERATOR
1 PROJECT DESCRIPTION:
1 $ 373.50
1 FOREMAN/OPERATOR OT
1 BH07 - BACKHOE $ 180.00
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
DATE:
CHANGE ORDER
REQUEST
$ 186.75
2/21/2025
CITY OF ADELANTO
SUBMITTED TO: RICHARD BURGESS
COMPANY:
Subtotal $ 2,414.50
$ 466.88
1 OPERATOR $ 249.00
1 LABORER OT $ 350.63
1 LABORER $ 140.25
237
NO:
PRICE
$ 1,000.00
$ 2,500.00
$ 24,000.00
$ 1,000.00
$ 5,700.00
$ -
TOTAL
NOTICE:
1 $ 34,200.00
1 HDU 20% OH&P $ 5,700.00
CITY REPRESENTATIVE APPROVAL DATE
(ADDITIONAL COST IF THE CITY REQUESTS IT) BOND RIDER UPDATE $ -
EXCLUSIONS INCLUDE
(BUT ARE NOT LIMITED TO):
Additional Working Days 1
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. COSTS ASSOCIATED WITH SURVEY AND STAKING BY TKE, TO BE PAID BY THE CITY OF ADELANTO PER CONTRACT NEGOTIATIONS WITH R. BURGESS.
THANK YOU FOR THE OPPORTUNITY TO SUBMIT THIS PROPOSAL
**Exclusions Include but are not limited to: Fees, Surveying/Staking, Compaction Tests, Inspection Fees, Construction Water, Permanent Paving, Bonds, Meter
007R
TOTAL
J2024-44 / CIP2024-05
CENTERLINE MONUMENT
PROJECT NO.:
QTY DESCRIPTION
ADELANTO RD WATERLINE - SURVEY AND STAKING
HORIZONTAL AND VERTICAL CONTROL
1 PROJECT DESCRIPTION:
1 $ 2,500.00
DATE:
CHANGE ORDER
REQUEST
$ 1,000.00
4/3/2025
CITY OF ADELANTO
SUBMITTED TO: RICHARD BURGESS
COMPANY:
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
1 STAKING $ 24,000.00
1 CALCULATIONS AND PREPARATION OF GRADE SHEEETS $ 1,000.00 Subtotal $ 28,500.00
238
ADELANTO ROAD WATER MAIN
SURVEY SERVICES
S C O P E F E E
Establish horizontal and vertical control for project staking. Provide minimum 8 localization points for contractor. $1,000
Centerline monument tie-out any monuments to be disturbed during construction. Replace monuments upon project completion and file necessary corner record drawings with the county. Estimated quantity 20.
$2,500
Water staking will be provided at grade breaks, angle points, tees, appurtenances, and 50-foot intervals along the water
centerline. Offsets will be provided at each stake to identify grades for inverts of all water pipe. Fire Hydrants, Blow-Offs, Water meters will have a minimum of 2 stakes and finish grade elevations. $24,000
Perform calculations and preparation of grade sheets. $1,000 Total Cost: $28,500
NOTE: Pricing includes 7 days of mobilization and all materials required for staking.
Fee Provided | November 15, 2024
239
NO:
HRS PRICE
2 $ 186.75
2 $ 186.75
2 $ 140.25
2 $ 45.00
$ 279.60
$ -
TOTAL
2 LABORER OT $ 561.00
Subtotal $ 1,398.00
BH07 - BACKHOE $ 90.00
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
DATE:
CHANGE ORDER
REQUEST
4/3/2025
CITY OF ADELANTO
SUBMITTED TO: RICHARD BURGESS
COMPANY:
$ 373.50
008
TOTAL
J2024-44 / CIP2024-05
OPERATOR OT
PROJECT NO.:
QTY DESCRIPTION
UNMARKED UTILITY STRIKE AND ABANDONMENT ON 02/21/2025 LOST TIME
1 PROJECT DESCRIPTION:
$ 373.50
1 FOREMAN/OPERATOR OT
CITY REPRESENTATIVE APPROVAL DATE
(ADDITIONAL COST IF THE CITY REQUESTS IT) BOND RIDER UPDATE $ -
EXCLUSIONS INCLUDE
(BUT ARE NOT LIMITED TO):
Additional Working Days 1
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. HDU LOCATED, STRUCK AND BROKE AN UNMARKED 2" GALVANIZED SERVICE. HDU EXCAVATD EXISTING 4" MAINLINE ON EAST SIDE OF ADELANTO ROAD TO SHUT OFF AND ABANDON CORP IN PLACE. SERVICE WAS A DEAD END SO THE FEED WAS ABANONDED AS WELL. BACKFILLED, COMPACTED WITH CLASS II BASE AND TEMP AC.
THANK YOU FOR THE OPPORTUNITY TO SUBMIT THIS PROPOSAL
**Exclusions Include but are not limited to: Fees, Surveying/Staking, Compaction Tests, Inspection Fees, Construction Water, Permanent Paving, Bonds, Meter
NOTICE:
1 $ 1,677.60
1 HDU 20% OH&P $ 279.60
1 240
NO:
HRS PRICE
4 $ 124.50
4 $ 93.50
4 $ 45.00
4 $ 50.00
$ 325.20
$ -
TOTAL
NOTICE:
1 $ 1,951.20
1 VT01 VACTOR $ 200.00
1 HDU 20% OH&P $ 325.20
CITY REPRESENTATIVE APPROVAL DATE
(ADDITIONAL COST IF THE CITY REQUESTS IT) BOND RIDER UPDATE $ -
EXCLUSIONS INCLUDE
(BUT ARE NOT LIMITED TO):
Additional Working Days 1
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. HDU POTHOLED AND LOCATED THE EXISTING
VALVE PACKAGE ON THE WEST SIDE OF THE NEW TRENCH AT ADELANTO ROAD AND AIR EXPRESSWAY TO CONFIRM DIRECTION AND SIZES OF LINES. TASK DIRECTED BY K. EMAMI AND D. OROS.
THANK YOU FOR THE OPPORTUNITY TO SUBMIT THIS PROPOSAL
**Exclusions Include but are not limited to: Fees, Surveying/Staking, Compaction Tests, Inspection Fees, Construction Water, Permanent Paving, Bonds, Meter
009
TOTAL
PROJECT NO.: J2024-44 / CIP2024-05
QTY DESCRIPTION
ADELANTO RD WATERLINE - POTHOLING EXISTING VALVE PACKAGE ON PROJECT DESCRIPTION: THE WEST SIDE OF NEW TRENCH ON 02/27/2025 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
DATE:
CHANGE ORDER
REQUEST
4/3/2025
CITY OF ADELANTO
SUBMITTED TO: RICHARD BURGESS
COMPANY:
Subtotal $ 1,626.00
1 OPERATOR $ 498.00
1 ST07 SERVICE TRUCK $ 180.00
2 LABORER $ 748.00
241
NO:
HRS PRICE
7 $ 124.50
6 $ 93.50
7 $ 45.00
7 $ 50.00
1 $ 7,842.22
$ 2,100.14
$ -
TOTAL
1 ST04 - SERVICE TRUCK $ 315.00
Subtotal $ 10,500.72
1 VT01 - VACTOR $ 350.00
1 MATERIALS $ 7,842.22
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
DATE:
CHANGE ORDER
REQUEST
4/25/2025
CITY OF ADELANTO
SUBMITTED TO: RICHARD BURGESS
COMPANY:
$ 871.50
010
TOTAL
J2024-44 / CIP2024-05
LABORER
PROJECT NO.:
QTY DESCRIPTION
REPLACE PRV AT SEWER PLANT FOR SYSTEM BALANCING
2 PROJECT DESCRIPTION:
$ 1,122.00
1 FOREMAN/OPERATOR
CITY REPRESENTATIVE APPROVAL DATE
(ADDITIONAL COST IF THE CITY REQUESTS IT) BOND RIDER UPDATE $ -
EXCLUSIONS INCLUDE
(BUT ARE NOT LIMITED TO):
Additional Working Days 1
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. EXCAVATION OF EXISTING 3" PRV AND 1" PRV AT SEWER PLANT. REMOVED EXISTING PIPING FROM FEED AND INSTALLED NEW PRV, SCREEN AND REPLUMBED PIPE. FLUSHED SYSTEM, BACKFILLED AND COMPACTED.
THANK YOU FOR THE OPPORTUNITY TO SUBMIT THIS PROPOSAL
**Exclusions Include but are not limited to: Fees, Surveying/Staking, Compaction Tests, Inspection Fees, Construction Water, Permanent Paving, Bonds, Meter
NOTICE:
1 $ 12,600.86
1 HDU 20% OH&P $ 2,100.14
242
NO:
PRICE
$ (5,169.67)
$ (16,585.00)
$ -
$ -
TOTAL
1 HDU 20% OH&P $ -
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. REMOVED AIR VAC AT STA 10+15.91
DUE TO THE DROP SECTION BEING ELIMINATED AT THE INTERSECTION OF AIR EXPRESSWAY AND ADELANTO ROAD. THE DROP SECTION WAS ELIMINATED BY THE CITY OF ADELANTO BECAUSE UPON POTHOLING AND
INVESTIGATION INSTALLATION CREW WAS ABLE TO CLEAR ALL UTILITIES TO CREATE A STRAIGHT TIE-IN TO THE EXISTING SYSTEM. REMOVED 11 1/4 OFFSETS AT STA 37+46.42 AND 37+82.31 TO STRAIGHTEN THE ALIGNMENT. WE WERE ABLE TO CLEAR ALL UTILITIES IN THE AREA AND AVOID UNNECESSARY BENDS.
MATERIALS INCLUDE RESTOCKING FEE CHARGES BASED ON RETURNED PARTS. THE AIR VAC LINE ITEM HAS BEEN GIVEN BACK IN ITS ENTIRETY.
THANK YOU FOR THE OPPORTUNITY TO SUBMIT THIS PROPOSAL
**Exclusions Include but are not limited to: Fees, Surveying/Staking, Compaction Tests, Inspection Fees, Construction Water, Permanent Paving, Bonds, Meter
NOTICE:
1 $ (21,754.67)
$ (16,585.00)
1 MATERIAL GIVE BACK
CITY REPRESENTATIVE APPROVAL DATE
(ADDITIONAL COST IF THE CITY REQUESTS IT) BOND RIDER UPDATE $ -
EXCLUSIONS INCLUDE
(BUT ARE NOT LIMITED TO):
Additional Working Days 0
2" AIR VAC - LINE ITEM GIVE BACK
PROJECT NO.:
QTY DESCRIPTION
CREDITS FOR DROP SECTIONS/OFFSETS/AIR VAC NOT INSTALLED 1 PROJECT DESCRIPTION:
$ (5,169.67)
011
TOTAL
J2024-44 / CIP2024-05
DATE:
CHANGE ORDER
REQUEST
5/6/2025
CITY OF ADELANTO
SUBMITTED TO: RICHARD BURGESS
COMPANY:
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
Subtotal $ (21,754.67)
243
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: May 28, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Saba Engineer, Grant Administrator
SUBJECT: AWARD A CONSTRUCTION CONTRACT FOR THE REMODEL OF CITY COUNCIL CHAMBER PROJECT TO BLUE BUILDERS, INC.
STAFF RECOMMENDATION:
Staff recommends City Council approve an award of construction contract agreement with Blue Builders, Inc. in the amount of $424,950, to provide construction of Remodel of City Council Chamber Project , and determine the project is categorically exempt from further environmental review in accordance with Section 15301 of the state guidelines implementing the California Environmental Quality Act.
BACKGROUND:
City received $500,000 grant from the California Department of General Services to remodel the City Council Chamber. Plans and specifications were prepared to advertise the project for construction bids.
This project was advertised with the CIP No. 2024-09 which needs to be revised as 2024-07 to receive construction bids on April 25, 2025. The City Clerk’s office received and opened two bids on May 13, 2025 which are summarized on Attachment ‘A’ and analyzed in Attachment ‘B’. Apparent lowest bid was $418,950. Bid Analysis was performed and due to mathematical error, actual lowest bid is $424, 950.
Bids were reviewed to determine if all were responsive to submittal requirements. Staff recommends award of contract to the lowest responsive bidder, Blue Builders, Inc. for $424,950 to complete the project .
FISCAL IMPACT:
There will be no impact on the General Fund of the City. This project will be paid using grant received from California Department of General Services to remodel the City Council Chamber.
ATTACHMENTS:
A. City Clerk’s Bid Register
B. Bid Analysis
C. Bid Proposal
D. Contract
E. Location Map
244
245
BROADMOOR BLVD. MEDIANS- LANDSCAPE IMPROVEMENT
BASE BID ITEMS (ITEM 1 THRU 11)
IBROADMOOR BLVD. MEDIANS - LANDSCAPE
IMPROVEMENT
PROJECT NO 13285
ITEM NO. BID ITEM DESCRIPTION ESTIMATED
QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 Mobilization 1 LS $ - $ - $ - $ -
2 Clearing and Grubbing, Tree Removal and Other Items for Demolition Unclassified Excavation and Unclassified Fill per project plans and specs.
1 LS $ - $ - $ - $ -
3 Construction Project Sign 2 EA $ - $ - $ - $ -
4 Traffic Control 1 LS $ - $ - $ - $ -
5 SWPPP, Erosion & Dust Control 1 LS $ - $ - $ - $ -
6 Grading: Remove 6ft. of soil from medians; 6 inches of soil for cobble median noses, additional 6’ of soil for dry cobble stream
1 LS $ - $ - $ - $ -
7 Plantings (include weed abatement & soil preparation and 30- day plant establishment Maintenance Period, shrubs and
trees) per project Plans & Specifications
1 LS $ - $ - $ - $ -
8 Furnish and Install Wood Chip Mulch min. 3 inches deep on exposed planting areas per Drawing No. CD-1 and project Plans & Specifications
1 LS $ - $ - $ - $ -
9 Rock and Concrete Paving (include 4’-5’ Boulders, 12”-18” Dry Cobble Streambed, Cobble Median Noses & Concrete
Walkways) per project Plans & Specifications
1 LS $ - $ - $ - $ -
10 Furnish & Install Complete Irrigations System per project plans & specifications 1 LS $ - $ - $ - $ -
11 Construct 3 Ft. wide minimum of PCC Paving per project Plans & Specifications & “Detail D” 685 SF $ - $ - $ - $ - TOTAL BASE BID ITEMS (ITEM 1 THRU 11 ) $ - $ - $ - $ -
PART A – ADDITIVE ALTERNATE BID ITEMS (ITEM A-1
THRU A-3)
A-1 Ashalt Concrete Overlay Min. 2" of per Project Plans and Specifications 1 LS $ - $ - $ - $ -
A-2 Installation of Type II Slurry Seal per Project Plans and Specifications 1 LS $ - $ - $ - $ -
A-3 Installation of Thermoplastic Traffic striping and Pavement Markings per Project Plans and Specifications 1 LS $ - $ - $ - $ -
TOTAL ADDITIVE ALTERNATE BID (PART A)
ITEMS- (ITEM A-1 THRU A-3 $ - $ - $ - $ -
TOTAL BASE BID + ADDITIVE ALTERNATE BID
(PART A) $ - $ - $ - $ -
Project No. 13285
BID OPENING: 2:00 P.M., MARCH 14, 2019
246
REMODEL OF CITY COUNCIL CHAMBER. CIP 2024-
09 ITEM NO. BID ITEM DESCRIPTION ESTIMATED
QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL
1 Demo 1 LS $23,407.00 $23,407.00 $54,862.39 $54,862.39 2 Electrical 1 EA $27,101.00 $27,101.00 $78,293.20 $78,293.20 3 Flooring 1 LS $57,013.00 $57,013.00 $46,861.63 $46,861.63 4 Framing 1 LS $17,929.00 $17,929.00 $40,003.83 $40,003.83 5 Drywall, painting, doors 1 LS $45,457.00 $45,457.00 $62,863.15 $62,863.15 6 Furniture prep, plant and installed 1 LS $49,155.00 $49,155.00 $45,718.65 $45,718.65 7 Enlarge Restrooms ADA approved 1 LS $65,979.00 $65,979.00 $80,007.65 $80,007.65 8 Council Dias Fabrication and Installation 1 LS $80,622.00 $80,622.00 $97,152.15 $97,152.15 9 Stage Ramps and Hamdrails 1 LS $30,509.00 $30,509.00 $51,433.49 $51,433.49 10 HVAC 1 LS $21,778.00 $21,778.00 $62,863.15 $62,863.15 11 Clean Up 1 LS $3,000.00 $3,000.00 $15,429.67 $15,429.67 12 Project Sign 1 LS $3,000.00 $3,000.00 $4,083.04 $4,083.04 TOTAL BASE BID $424,950.00 $639,572.00
2ND LOW
ACE CAPITAL ENGINEERING
BID OPENING: 10:00 A.M., MAY 13, 2025
LOWEST BIDDER
BLUE BUILDERS,INC.
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CITY OF ADELANTO
REMODEL OF CITY COUNCIL CHAMBER
BID PROPOSAL – REMODEL OF CITY COUNCIL CHAMBER
Page A-7
SECTION A – BIDDER’S BOND
TO ACCOMPANY BID PROPOSAL FORM
KNOW ALL MEN BY THESE PRESENTS,
THAT WE, , as Principal, and
, as Surety, are held and firmly bound unto the CITY OF ADELANTO in the sum of TEN PERCENT (10%) of the total amount of the bid of the Principal, to be paid to the City, for which payment, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, successors, or assignees, jointly and severally, firmly by the presents.
In no case shall the liability of the Surety hereunder exceed the sum of $ .
THE CONDITION OF THIS OBLIGATION IS SUCH.
THAT, WHEREAS the Principal has submitted a bid to CITY OF ADELANTO for the certain construction for which bids are to be opened at Office of the City Clerk of the CITY OF ADELANTO on AUGUST 24, 2023 at 3:00 p.m., as shown on Plans entitled FIRE STATION # 322 LAUNDRY ROOM & ALL-GENDER RESTROOMS REMODEL.
NOW THEREFORE, if the aforesaid Principal is awarded the Contract, and within the time and manner required under the said Special Provisions, enters into a written Contract, in the prescribed form, in accordance with the bid and files the two (2) required Bonds with the CITY OF ADELANTO, one (1) to guarantee faithful performance and one (1) to guarantee payment for labor and materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue.
In the event suit is brought upon this Bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suite, including reasonable attorney's fee to be fixed by the Court.
Accompanying this Proposal is ( ) $ Cash, ( ) Cashier's Check, ( ) Certified Check, ( ) Bidder's Bond in the amount equal to at least ten percent (10%) of the total bid.
THE UNDERSIGNED further agrees that in case of default in executing the required Contract together with the necessary bonds within the period of time provided by the Proposal requirements, the proceeds of the security accompanying this bid shall become the property of City of Adelanto, California, and this Proposal and the acceptance thereof may be considered null and void.
Principal is licensed in the State of California in accordance with an act providing for the registration of contractors.
License No. __________.
_ (Seal)
By: (Seal)
____ (Seal)
PRINCIPAL
(Seal)
By: (Seal)
SURETY
_ (Seal)
ADDRESS
BLUE BUILDERS INC.
Hackett Bonds and Insurance Services
1125448
BLUE BUILDERS INC.
COLE CHESNEY
Hackett Bonds and Insurance Services
BRENDAN HACKETT
254
CITY OF ADELANTO
REMODEL OF CITY COUNCIL CHAMBER
BID PROPOSAL – REMODEL OF CITY COUNCIL CHAMBER
Page A-8
SECTION A – BID PROPOSAL FORM
TO THE CITY COUNCIL OF THE CITY OF ADELANTO, CALIFORNIA:
The undersigned declares he has carefully examined the locations of the proposed work, the Plans, Special Provisions, and Contract Documents; and being familiar with all of the conditions surrounding the work, including the availability of materials and labor, here by proposes to furnish all labor, materials, tools, equipment, and incidentals, to complete all the work. All of the aforementioned shall be done in accordance with said Plans, Special Provisions, and the most current editions, including all amendments at bid opening of the:
1) City of Adelanto Standard Specifications for Public Improvements, 2) Standard Specifications and the Standard Plans of the State of California Department of Transportation, 3) Contractor shall provide all construction surveying and staking at no extra cost. Compensation for all construction surveying and staking shall be considered as included in various bid items. No additional compensations will be allowed.
4) California Manual of Uniform Traffic Control Devices, and Contract Documents for the price set forth in the following schedule:
5) Payment for bid item nos. 1-12 shall be paid per unit specified in the following bid schedule and shall be considered as full compensation for furnishing labor, materials, tools, equipment per project plans and specifications; no additional compensation will be allowed.
BID SCHEDULE
REMODEL OF CITY COUNCIL CHAMBER
ITEM DESCRIPTION APP.
QUANTITY
UNIT UNIT
PRICE
TOTAL ITEM
PRICE
1 Demo 1 LS
2 Electrical 1 EA
3 Flooring 1 LS
4 Framing 1 LS
5 Drywall, painting, doors 1 LS
6 Furniture prep, plant and installed 1 LS
7 Enlarge Restrooms ADA approved 1 LS
8 Council Dias Fabrication and
Installation
1 LS
9 Stage Ramps and Handrails 1 LS
10 HVAC 1 LS
23,407.00 27,101.00 27,407.00 57,013.00 17,929.00 45,457.00 49,155.00 65,979.00 80,622.00 30,509.00 21,778.00 23,407.00 57,013.00 17,929.00 45,457.00 49,155.00 65,979.00 80,622.00 30,509.00 21,778.00 255
CITY OF ADELANTO
REMODEL OF CITY COUNCIL CHAMBER
BID PROPOSAL – REMODEL OF CITY COUNCIL CHAMBER
Page A-9
11 Clean Up 1 LS
12 Project Sign 1 LS
TOTAL BID SCHEDULE ITEMS 1-12: $___________________________________ TOTAL BID SCHEDULE PRICE IN WORDS:
_____________________________________________________________________________ 3,000.00 3,000.00 418,950.00 Four hundred eighteen thousand, nine hundred fifty dollars. 3,000.00 3,000 256
CITY OF ADELANTO
REMODEL OF CITY COUNCIL CHAMBER
BID PROPOSAL – REMODEL OF CITY COUNCIL CHAMBER
Page A-10
Note: Items may be adjusted or deleted. Any changes to the quantities for these items shall not constitute a substantial change as referenced in Section 3-2.2.1 of the Standard Specifications. Therefore, regardless of total actual volume (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities; and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses.
LOW BID DETERMINATON:
The low bid will be determined pursuant to Public Contract Code Section 20103.8(c) as the lowest Total Bid Schedule Price in Words as shown on page A-10. A responsible bidder who submits the lowest bid as determined by the above method shall be awarded the contract, if it is awarded, by the City Council of the City of Adelanto.
Contractor: ____________________________________________________________________________________ Address: ______________________________________________________________________________________ Phone: _____________________________________Fax: ______________________________________________ Email Address: _________________________________________________________________________________ By: __________________________________________________________________________________________ Signature Date:
BLUE BUILDERS INC.
11150 W Olympic Blvd,Los Angeles, CA, USA
3104973927
[email protected]
COLE CHESNEY
APRIL 29, 2025
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2512/026150-0001
19521958.1 a05/21/25
CITY OF ADELANTO
CONTRACT SERVICES AGREEMENT
REMODEL OF CITY COUNCIL CHAMBER
THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this ____28_____ day of ____May_______, 2025 by and between the CITY OF ADELANTO, a California municipal corporation, (“City”) and Blue Builders, Inc., a California Municipal Corporation (“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 May 28, 2025. Unless earlier terminated in accordance with Section 8 of this Agreement, this Agreement shall continue in full force and effect until final written approval and acceptance of the work performed under this Agreement by the Contract Administrator. The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.3 Standard of Performance.
a. Quality of Work. As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Contractor shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by 271
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one or more first-class firms performing similar work under similar circumstances, and to the sole satisfaction of the Contract Administrator.
b. Care of Work. Contractor shall adopt reasonable methods during the term of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. c. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. d. Warranty. Contractor warrants all work under this Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non-conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to 272
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19521958.1 a05/21/25 -3-
the reasonable satisfaction of City, City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
e. Skilled and Trained Workforce. Contractor, for itself and its subcontractors at every tier, hereby provides an enforceable commitment to comply with California Public Contract Code section 2600 et seq., which requires use of a skilled and trained workforce to perform all work on the agreements that fall within an apprenticeable occupation in the building and construction trades.
f. Inspection and Final Acceptance. The Services shall be performed to the satisfaction of City. City may inspect and accept or reject any of Contractor’s work under this Agreement, during performance and/or when completed. City shall reject or finally accept Contractor’s work within forty five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 4 and Section 5, pertaining to insurance and indemnification, respectively.
1.4 Assignment of Personnel. Contractor shall assign only competent personnel to perform the Services. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services.
Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.5 Time. Time is of the essence in the performance of this Agreement. Contractor shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Contractor’s obligations hereunder. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Scope of Services. When requested by Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Administrator but not shall not exceed one hundred eighty (180) days cumulatively.
1.6 Force Majeure. The time period(s) specified in the Scope of Services for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Administrator in writing of the causes of the delay. The Contract Administrator shall ascertain the facts and the 273
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extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the sole judgment of the Contract Administrator such delay is justified. The Contract Administrator’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.
1.7 Suspension of Services. The City Engineer of City (“Engineer”) shall have the authority to suspend the Services, wholly or in part, for such period as the Engineer may deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the Services, or for such time as the Engineer may deem necessary due to the failure on the part of Contractor to carry out orders given or to perform any provisions of the Services. Contractor shall immediately comply with the written order of the Engineer to suspend the Services wholly or in part and shall not resume the Services until ordered to do so in writing by the Engineer. Such suspension shall be without liability to Contractor on the part of City. In the event a suspension of work is ordered because of failure on the part of Contractor to carry out orders given or to perform any provisions of the Services, such suspension of the Services shall not relieve Contractor of responsibility to complete the Services within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of the Services shall not entitle Contractor to any additional compensation.
1.8 Familiarity with Work and Worksite. By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact and shall not proceed until written instructions are received from the Contract Administrator.
1.9 Further Responsibilities of the Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless otherwise specified in this Agreement, neither Party shall be responsible for the service of the other.
SECTION 2. COMPENSATION.
2.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed FOUR
HUNDRED AND TWENTY FOUR THOUSAND, NINE HUNDRED AND FIFTY DOLLARS ($424,950) notwithstanding any contrary indications that may be contained in Contractor’s proposal or bid, for the Services to be performed and reimbursable costs incurred under this Agreement. This compensation may be administratively adjusted pursuant to Section
8.4 herein. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Contractor for the Services rendered 274
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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 A; f. Receipts for expenses to be reimbursed;
g. The Principals’ signatures.
Invoices shall be submitted to:
City of Adelanto
Attn: Accounts Payable
11600 Air Expressway
Adelanto, CA 92301
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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.
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 276
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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.
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 277
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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 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 278
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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 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 279
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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.
(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 280
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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:
«Contract_Title». The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Adelanto, 11600 Air Expressway, Adelanto, CA 92301. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Contractor.
b. Notice of Reduction in or Cancellation of Coverage. Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
c. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City 281
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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 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 282
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9550 requires a payment bond for all public works contracts involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000).
4.7 Remedies. In addition to any other remedies at law or equity City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including costs and expenses incurred by City and reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Contractor fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Contractor, its officers, agents, employees, or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.
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5.3 Subcontractors. Contractor shall incorporate similar indemnity agreements with its subcontractors. Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisions shall not be a waiver hereof.
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 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 284
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acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.
7.3 Prevailing Wages. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the California Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages. b. California Labor Code. The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site.
(ii) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to California Labor Code Section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system. (iii) Pursuant to California Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one 285
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week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code.
(vi) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices.
Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Contractor in connection with this Agreement.
(vii) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d. DIR Monitoring. Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of California Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits, Fees, and Assessments. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to 286
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practice their respective professions, and perform the Services. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 Conflicts of Interest. Contractor represents, warrants, and covenants that Contractor presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement. Contractor further agrees that while this Agreement is in effect, Contractor shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement.
7.6 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contractor without further acknowledgment of the Parties.
7.7 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Contractor acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
7.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to City the sum of FIVE HUNDRED DOLLARS ($500.00) as liquidated damages for each working day of delay in the performance of any of the Services. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages. 287
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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 288
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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 289
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“Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Administrator or upon the expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
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 the Documents and Materials.
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. 290
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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.
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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 Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Contractor Principals and Representatives. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
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10.8 City Contract Administration. This Agreement shall be administered by a City employee, «Staff_Contact», «Staff_Title» (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unless otherwise provided by applicable law, the Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement.
Unless otherwise provided in this Agreement, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
Blue Builders, Inc.
Attn: Cole Chesney
11150 W Olympic Blvd
Los Angeles, CA 90064
Any written notice to City shall be sent to the Contract Administrator at:
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: Saba Engineer, Grant Administrator
with a copy to:
City Clerk
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
10.10 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
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10.11 Integration, Interpretation. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.13 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
10.14 Nondiscrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.15 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.16 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
10.17 No Undue Influence. Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.18 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. 294
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[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF ADELANTO
Jessie Flores, City Attorney
Attest:
Brenda Lopez, City Clerk
Approved as to Form:
Todd Litfin, City Attorney
CONTRACTOR
«Contractor_Signature_1, below signature
include printed name and title»,
«Contractor_Signature_2, below signature
include printed name and title»
[Note: 2 officer’s signatures required if
Contractor is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
Services shall include Remodel of City Council Chamber 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 FOUR HUNDRED AND TWENTY FOUR THOUSAND, NINE HUNDRED AND FIFTY DOLLARS ( $424,950) as further detailed in the attached pages (if any). If the Services include Services pursuant to a request for proposals or bid, the Services shall include the work contemplated by the entire “Bid Package” or “Request for Proposals” for the Services, including all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applicable shall be retained with a copy of this Agreement. Contractor shall keep a copy of the same for at least three (3) years following termination of this Agreement.
[ATTACH BID PACKAGE / SCOPE OF WORK]
297
LOCATION MAP
REMODEL OF CITY COUNCIL CHAMBER
298
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:
May 28, 2025
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Todd Litfin, City Attorney
SUBJECT: ORDINANCE NO. 657 – AMENDMENT TO ADELANTO MUNICIPAL CODE SECTION
17.03.020 REGARDING PLANNING COMMISSION MEETING TIMES
STAFF RECOMMENDATION:
Adopt Ordinance No. 657, amending Adelanto Municipal Code Section 17.03.020 to revise the regular meeting time of the Planning Commission.
BACKGROUND:
The Adelanto Municipal Code currently specifies the time and schedule for Planning Commission meetings. To improve alignment with staff and community availability and to better facilitate public participation, a change in the meeting time is proposed. This ordinance reflects that change while maintaining the existing meeting schedule and location structure.
Ordinance No. 657 updates the meeting start time for the Adelanto Planning Commission from its previous time to 3:30 p.m., while maintaining meetings on the first and third Wednesday of each month.
Key provisions include:
• Meetings will continue to be held at City Hall Council Chambers, located at 11600 Air Expressway, Adelanto, CA.
• If a regular meeting date falls on a holiday, it will be rescheduled to the next available non-holiday date. • The Planning Commission may adopt a resolution to change the meeting location. • If the designated meeting location is unavailable, the Planning Commission Secretary is responsible for notifying stakeholders and posting a notice at least four (4) hours prior to the meeting.
These changes enhance operational flexibility while ensuring transparency and accessibility for both the public and applicants.
FISCAL IMPACT:
None
ATTACHMENTS:
A. Ordinance 657
299
ORDINANCE NO. 657
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
COUNTY OF SAN BERNARDINO, AMENDING ADELANTO MUNICIPAL
CODE SECTION 17.03.020 REGARDING REGULARLY SCHEDULED
PLANNING COMMISSION MEETING TIMES
WHEREAS, the City Council hereby amends the Municipal Code to reflect the changes to the regular meeting time for the Planning Commission.
THE CITY COUNCIL FOR THE CITY OF ADELANTO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The findings and determinations reflected in the Recitals above are true and correct and are incorporated herein by this reference.
SECTION 2. Section 17.03.020 of the Adelanto Municipal Code is hereby amended to read in its entirety as follows:
Section 17.03.020 Time and Place of Meetings.
The regular meetings of the Planning Commission shall be held on the first and third Wednesday of each month. However, if the date of any such regular meeting falls on a holiday, the regular meeting shall be held on the next succeeding day that is not a holiday. Unless and until changed by Resolution of the Planning Commission, the regular meetings shall be held at the hour of 3:30 p.m. and shall be held at:
City Hall Council Chambers
11600 Air Expressway
Adelanto, California
The Planning Commission may, by Resolution, change the location of its regular meetings.
In the event the location designated by this Chapter or subsequent Planning Commission Resolution is unavailable for a regular meeting, the Planning Commission Secretary shall cause notice of the same to be provided to the Commission, the press, applicants having items scheduled on the agenda, and any member of the public requesting the same. The Planning Commission Secretary shall further cause notice of the change in meeting location to be posted on the door of the regular meeting location at least four hours prior to the meeting. Such notice shall include the address and directions to the location where the meeting will be held.
SECTION 3. Severability. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and 300
each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional.
SECTION 4. This Ordinance shall take effect in accordance with legal requirements. The City Clerk shall certify to the adoption of this Ordinance and shall cause this ordinance or a summary thereof to be published in the manner required by law.
PASSED, APPROVED AND ADOPTED THIS 11th DAY June, 2025.
____________________________________
Gabriel Reyes, Mayor of the City of Adelanto
____________________________________
Brenda Lopez, City Clerk
APPROVED AS TO FORM:
__________________________________________
Todd Litfin, City Attorney
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I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Ordinance No. 657 was duly introduced for the first reading on the 28th day of May, 2025 and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 11th day of June 2025, 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 this 11th day of June, 2025.
___________________________________
Brenda Lopez, City Clerk
SEAL
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CITY COUNCIL AGENDA REPORT
DATE: May 28, 2025
TO: Honorable Mayor and City Council Members
FROM: Jim Hirsch, Development Services Director
BY: Christian Espinoza, Project Planner
SUBJECT: NEW BUSINESS – REPORT OF ORGANIZATIONS POTENTIALLY ELIGIBLE FOR
FIREWORKS STANDS
STAFF RECOMMENDATION:
Request the Council to approve and determine eligibility for organizations potentially eligible for Fireworks Stands.
BACKGROUND:
In accordance with Chapter 9.65 of the Adelanto Municipal Code, organizations wishing to participate in the sale of fireworks must meet certain eligibility requirements. Only eleven Fireworks Stands are allowed, and this year eleven applications were received. An overview of the requirements is in the attachments.
It is important to note that Ordinance 649 has been passed on March 13, 2024, amending the Adelanto Municipal Code to no longer require Firework Stand applicants to participate in the Adopt-A-Street program nor the Community Clean-Ups Days.
The following applicants have met all eligibility criteria:
1. Dare U to be Different
2. Adelanto Little League
3. World Faith Vision Church
4. Curbside Community Church
5. Haven’s Future
6. Christ the Good Shepherd
7. American Legion Post 229
8. American Legion Auxiliary Post 229
9. High Desert Devils
10. Community Benefit Corp
11. Great Commission Community Solutions
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The following applicants have not met the requirement for location within the city of Adelanto:
1. NA
FISCAL IMPACT:
1. Business License Fee
a. $200 each
b. $2,200 total
2. Temporary Use Permit Fees
a. $877.40 each
b. $9,651.40 total
3. Clean Up Fee
a. $600 each
b. $6,600 total
Total fees collected: $18,451.40
ATTACHMENTS:
1. Fireworks Applicants Eligibility Chart
2. Maps of Proposed Locations
3. Chapter 9.65 “Storage, Use, and Sale of Fireworks”
4. Ordinance 649
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FIREWORKS APPLICATION 2024
Eligibility Chart
Dare U To Be Different
Adelanto Little League
World Faith Vision Church
Curbside Community Church
Haven’ s Future
Christ the Good ShepherdAmerican Legion Post 229
American Legion Auxiliary Post 229
Great Commission Community Solutions
High Desert Devils
Community Benefit Corp
1 2 3 4 5 6 7 8 9 10 11
1 Fireworks Application
2 Proof of Non-Profit Status
3 Address in the City for at
least one year
4 20 member roster
5 Liability Insurance certificate
6 Sellers Permit
7 Fire Marshal permit
8 Property Owner
authorization
9 Hold Harmless agreement
10 Only one license per
organization
11 Business License application
12 Temporary Use Permit
application
13 Site Plan
14 Payment
15 Contract with promoter
16 Signed up and participate in
Adopt-A-Street
- - - - - - - - - - -
17 Participate in Clean-up
event
- - - - - - - - - - -
NOTE: An “x” means; this requirement has not been met.
A blank space means; the requirement has been met.
An “-x” means; the application has been submitted only. 305
1 in = 400 feet
TUP 25-01
Zone Exhibit 1 In = 200 Ft.
306
1 in = 400 feet
TUP 25-02 : Adelanto Little League
Zone Exhibit
307
1 in = 400 feet
TUP 25-03
Zone Exhibit 1 In = 200 Ft.
308
1 in = 400 feet
TUP 25-04 : Curbside Community Church
Zone Exhibit
309
1 in = 400 feet
TUP 25-05 : Haven’s Future
Zone Exhibit
310
1 in = 400 feet
TUP 25-06 : Christ the Good Shepherd
Zone Exhibit
311
1 in = 400 feet
TUP 25-07 : American Legion Post 229
Zone Exhibit
312
1 in = 400 feet
TUP 25-08 : American Legion Auxilliary Unit 229
Zone Exhibit
313
1 in = 400 feet
TUP 25-09
Zone Exhibit 1 In = 200 Ft.
314
1 in = 400 feet
TUP 25-10 : High Desert Devils
Zone Exhibit
315
1 in = 400 feet
TUP 25-11 : Adelanto Community Benefit Corp.
Zone Exhibit
316
Chapter 9.65
STORAGE, USE AND SALE OF FIREWORKS
Sections:
9.65.010 Purpose
9.65.015 Definition
9.65.020 Sale and Discharge of Fireworks
9.65.025 License Required; Application for License to Sell Fireworks
9.65.030 General Requirements for Fireworks Licensees
9.65.035 Operation of Fireworks Stand
9.65.040 Temporary Fireworks Stands
9.65.045 Temporary Sales Tax Permit Required; Display of License and Permit
9.65.050 Prohibition on Discharge of Fireworks
9.65.055 Penalties
9.65.010 Purpose.
The purpose of this Chapter is to bring the City's regulation of the use of fireworks into compliance with the California State Fire Marshal's Department regulations and to protect and secure the public health, safety and general welfare. [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13.]
9.65.015 Definition.
"Safe and Sane Fireworks" shall be as defined in Section 12504 of the California Health and Safety Code, as that section may in the future be amended.
[Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13.]
9.65.020 Sale and Discharge of Fireworks.
“Safe and Sane Fireworks” may only be sold and/or discharged within the City, and such discharge may only occur during the period beginning at 12:00 noon on the 28th day of June and ending at 11:59 pm on the 4th day of July each year. [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 599, Section 3, 5/8/19.]
9.65.025 License Required; Application for License to Sell Fireworks.
A. Except as otherwise provided herein, no person shall offer for sale or sell fireworks of any kind in the City, without having first applied for and received a license therefore.
B. All applications for licenses to sell fireworks shall:
1. Be made in writing, accompanied by an initial license fee of two hundred dollars ($200.00), which will be used to defray the cost of administration, inspection and supervision of fireworks licensees. The Temporary Business License application and Temporary Use Permit application shall be incorporated into the Fireworks application; fees for the Temporary Business License application and Temporary Use Permit are incorporated into the application fee.
2. Be submitted between the first and the last day of March each year, except when the last day falls on a day when City Hall is closed, then the following business day shall be the last day.
3. Set forth the proposed location of the fireworks stand applied for. Each stand must be on private property located in the "C" zoning district or heavier industrial or manufacturing zones of the City, or on public land at the sole discretion of the City. A notarized statement from the owner of record of the property must accompany the application.
4. Be accompanied by an agreement from the manufacturer and/or wholesaler of the fireworks to defend, indemnify and hold the City harmless from any claims, liability, litigation, damages or other injuries resulting from defective fireworks.
5. Include a statement that the applicant agrees to comply strictly with the terms of any license granted to it and furnish any additional information upon request of the City Manager, the City Council or their authorized employees and/or representatives.
C. At the time of issuance of the license, the applicant must deliver to the Business License Department evidence of public liability insurance in an amount not less than one hundred thousand dollars/three hundred thousand dollars ($100,000.00/$300,000.00) and not less than fifty thousand dollars ($50,000.00) property damage insurance in the form and 317
content required by the City, certificated, and a copy of the requisite permit from the State Fire Marshal.
D. At the time of application, each applicant shall submit a non-refundable clean-up fee of either 6% of the organization’s prior year’s net sales, or $600, whichever is greater, so that the City recuperates cost of cleaning up after 4th of July holiday.
If this is an organization’s first year participating, the $600 rate shall apply. [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 599, Section 3, 5/8/19.]
9.65.030 General Requirements for Fireworks Licensees.
The following qualifications must be met by each applicant for a license issued hereunder:
A. No license shall be issued to any person, firm or corporation except non-profit associations or corporations organized primarily for civic betterment or youth activities. Such organizations, groups or individuals shall be limited to one (1) license.
B. Each such organization must have its principal and permanent meeting place within the corporate limits of the City, must maintain a bona fide membership of at least eighty percent (80%) of the organization must be Adelanto residents, and must have been organized and established in the City's corporate limits for a minimum of one (1) year continuously preceding the filing of the application for the business license.
C. No organization may receive more than one (1) license for fireworks sale during any one (1) calendar year. One (1) license may be issued to two (2) or more qualifying applicants as a joint venture, but may only operate one (1) stand. The maximum number of licenses which may be issued pursuant to this Chapter during any one (1) calendar year shall not exceed one (1) license for each three thousand (3,000) residents of the City, or fraction thereof, based on the latest official roster, State of California census estimate.
D. If the number of applications exceeds the number of licenses allowed to be issued, the licenses shall be granted by a drawing supervised by the City Clerk. The drawing will be held at a Council meeting, the applicants will be notified of the drawing date and notification of selection will be performed the following day.
E. Reserved.
F. Reserved.
G. Reserved.
[Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 599, Section 3, 5/8/19; Ord. No. 605, Section 3, 8/28/19; Ord. No. 649, Section 2, 3/13/24.]
9.65.035 Operation of Fireworks Stand.
A. No person other than the licensee organization shall operate the stand for which the license is issued or share or otherwise participate in the profits of the operation of such stand.
B. No person other than the individuals who are members of the licensee organization, or the spouses or adult children of such members, shall sell or otherwise participate in the sale of fireworks at such stand(s) except that in no instance shall a person under the age of eighteen (18) years be permitted to sell or otherwise participate in the operation of the fireworks stand.
[Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 599, Section 3, 5/8/19.]
9.65.040 Temporary Fireworks Stands.
A. All fireworks sales must be made from within a temporary fireworks stand, and sales from any other building or structure are prohibited.
B. No fireworks stand shall be located within twenty-five (25) feet of any other building nor within one hundred (100) feet of any gasoline pump.
C. All stands shall be erected under the supervision of the Building and Safety Department, and must be constructed in a manner that will reasonably ensure the safety of attendants and patrons. Any building and safety permit fees shall be waved.
D. No fireworks stand shall have a floor area in excess of three hundred (300) square feet.
E. Each fireworks stand must have at least two (2) unobstructed exits; and each stand in excess of forty (40) feet in length must have at least three (3) unobstructed exits spaced approximately equidistant apart, provided, however, that in no case shall the distance between the exits exceed twenty-four (24) feet.
F. Each fireworks stand shall provide two (2), two and one-half (2-1/2) gallon "water pressure" type or 2A10BC dry chemical type fire extinguishers, underwriter approved, in good working order and easily accessible for use in case of fire.
G. All weeds and combustible materials shall be cleared from the location of the fireworks stand and for a distance of at least fifty (50) feet from any point of the stand.
H. "No Smoking Within 100 Feet" signs must be prominently displayed on the fireworks stand.
I. Each fireworks stand must have an adult in attendance and in charge thereof while fireworks are stored therein, 318
including an onsite presence overnight while the stand is closed. Sleeping or remaining in the fireworks stand after close of business each day is forbidden.
J. Each fireworks stand shall obtain a safety inspection and clearance from the San Bernardino County Fire Department prior to opening.
K. The sale of fireworks shall not begin before 12:00 noon on the 28th day of June and shall not continue after 11:59pm on the 4th day of July.
L. Each fireworks stand shall display a sign of at least ten (10) square feet stating that discharge of fireworks is only legal within the City limits between 12:00 noon, June 28 and 11:59pm, July 4.
M. During the days allowed for the sale of fireworks, no sales shall be made except between the hours of 7:00 a.m. and 12:00 midnight.
N. All unsold stock and accompanying litter shall be removed from the fireworks stand location by 5:00 p.m. on July 6.
O. The fireworks stand shall be removed, and the temporary site cleared by 12:00 noon on the 10th day of July. If this requirement cannot be met by the July 10th date, the stand operator must work with City staff to arrange for a new pick up date.
P. Each organization operating or participating in a fireworks stand shall submit, to the City, a financial statement of actual sales and profit by 5:00 p.m. August 31, following the fireworks sale, unless that day falls on a day when City Hall is closed, then the following business day shall be the last day. The financial statements are subject to review and approval by the City. The records shall be retained by the City. Failure to comply will result in revocation of future license eligibility. [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 599, Section 3, 5/8/19; Ord. No. 605, Section 3, 8/28/19.]
9.65.045 Temporary Sales Tax Permit Required; Display of License and Permit.
A. Organizations licensed by the City for fireworks sales are required to obtain a temporary sales tax permit from the State Board of Equalization.
B. The temporary sales tax permit and the City license to sell fireworks must be displayed in a prominent place in the fireworks stand.
[Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13.]
9.65.050 Prohibition on Discharge of Fireworks.
It shall be unlawful for any person to ignite, explode, project or otherwise fire or use, any fireworks or permit the ignition, explosion or projection thereof, upon or over onto the property of another without his/her consent, or to ignite, explode, project or otherwise fire or make use of any fireworks within ten (10) feet of any residence, dwelling or other structure used as a place of habitation, congregation or assembly, or within one hundred (100) feet of any fireworks stand. [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13.]
9.65.055 Penalties.
Any person violating any provision of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of one thousand dollars ($1,000.00), or imprisonment not to exceed one hundred eighty (180) days, or both fine and imprisonment. Further, the fireworks sales license of any licensee who violates or permits any provision of this Chapter to be violated shall be revoked and the licensee shall not be entitled to receive a license for a period of three (3) years thereafter.
[Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 605, Section 3, 8/28/19.] 319
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