Att 2_Trussell Consultant Agreement.pdf — San Clemente City Council, September 14, 2023

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CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 2023, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio , San Clemente, California, 92673 ("City") and Trussell Technologies, Inc., a California corporation, with its principal place of business at 224 N Fair Oaks Avenue, FL 2, Pasadena, CA 91103 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional engineering consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional engineering consulting services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional engineering consulting services for the AERATION BLOWER IMPROVEMENTS project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from October 16, 2023 until the services are complete to the satisfaction of the City, unless earlier terminated as provided herein.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the term of $77$&+0(17
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this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Endorsement on PS&E/ Other Data. Consultant shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by Consultant, and where appropriate will indicate Consultant’s authorized signature and professional registration number.

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

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

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

3.2.7 Consultant's Representative. Consultant hereby designates R. Shane Trussell, Chief Executive Officer, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative 3 55452.01100\31193624.5
shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

3.2.9 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

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

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
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3.2.12 Insurance. Consultant agrees to procure and maintain, at Consultant’s expense all insurance specified in Exhibit “C” attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed one hundred forty-nine thousand, seven hundred thirty-five ($149,735) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

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

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “D” may be adjusted each year at the time of renewal as set forth in Exhibit “D.”

3.3.6 Labor Code Requirements.

3.3.6.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and Since the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the 5 55452.01100\31193624.5
project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.6.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to Services performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

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

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
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Consultant: Trussell Technologies, Inc.
224 Fair Oaks Avenue, FL 2
Pasadena, California 91103
ATTN: Shane R. Trussell, Chief Executive Officer
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Shawn Ryan, Senior Civil Engineer
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

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

3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall 7 55452.01100\31193624.5
indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.5.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

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

3.5.10 City's Right to Employ Other Consultants. City reserves right to employ 8 55452.01100\31193624.5
other consultants in connection with this Project.

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

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

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

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

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

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

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

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

3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to 9 55452.01100\31193624.5
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.22 Counterparts/Electronic Signatures. This Agreement may be signed in counterparts, each of which shall constitute an original. This Agreement may be signed electronically with the same force and effect as an original ink signature.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST:
______________________________ Dated: ____________________, 2023 CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization

Trussell Technologies, Inc., a California
corporation
(“CONSULTANT”)
By: _____________________________
R. Shane Trussell, Chief Executive
Officer
Dated: __________________, 2023
By: _____________________________
C. Bryan Trussell, Secretary
Dated: __________________, 2023

11 55452.01100\31193624.5
EXHIBIT "A"

SCOPE OF SERVICES
Consultant shall perform the following services (“Services”):
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June 5, 2023

PREPARED FOR
1

June 5, 2023
Mr. Shawn Ryan, Senior Civil Engineer
City of San Clemente
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Re: Request for Proposal–Aeration Blower Improvements
Dear Shawn,
Trussell Technologies, Inc. (Trussell) is pleased to submit the enclosed proposal in response to the City of San Clemente (City) request for proposal to provide Aeration Blower Improvements, dated May 17, 2023. Our team is particularly well-suited to support the City in assessing and implementing aeration blower improvements, as we previously evaluated the performance and airflow rates of the existing blowers at the San Clemente Water Reclamation Plant (CSWRP) during our 2020 CSWRP Efficiency Study. We recommended replacement of the Lamson aeration blower as a priority for the City, at the time.

Our team will start the aeration blower improvement project by evaluating SCWRP aeration needs for both current and future operations, using recent operational data in combination with biological modeling. We will evaluate operational conditions for the replacement blower to identify the most robust and efficient solution. We will engage established blower manufacturers to identify options and performance metrics to select the most compatible fit for SCWRP. Our design will define a robust and efficient blower that can be successfully integrated to the existing SCWRP aeration system. Throughout this process, our team will work closely with City staff to ensure any concerns with various operating conditions are addressed in the design. Once the contractor and equipment vendor are selected, we will continue to provide support and act as a liaison to the City to help minimize risk to the City.

To provide the analysis, design, and support the City needs for implementing the requested aeration blower improvements, we have assembled a highly qualified team with expertise in biological treatment modeling and optimization, as well as experience in technical design for a variety of wastewater treatment applications. I will serve as the Technical Advisor for the project and assure that quality is maintained in all of the project deliverables. Brett Faulkner, Trussell’s Biological Treatment Lead, will be the Technical Lead Engineer and key contact responsible for all communications with the City. Fernanda Bacaro is Trussell’s Biological Treatment Specialist and will support the development of the basis of design with data analysis, biological modeling, and identification of associated design criteria. Rodrigo Tackaert will support the final design with development of technical specifications and design drawings.

The project will be managed from Trussell’s San Diego office by Brett Faulkner:

Brett Faulkner, P.E.
380 Stevens Ave, Suite 212
Solana Beach, CA 92075
[email protected]
858-232-2874
2

We are ready to get to work with the City on this project. We have reviewed the Professional Services Agreement and accept all provisions. A copy of our insurance certificate is provided in Appendix A. Our proposed fee for the project will be valid for a period of at least 90 days. Please let me know of any questions.

Sincerely,
Shane Trussell, Ph.D., P.E., BCEE
President
3

SECTION I: BACKGROUND AND APPROACH
Trussell Technologies Inc. (Trussell) has prepared this proposal in response to the City of San Clemente (City) request for proposal for the Aeration Blower Improvements Project (No. 10206).

Project Understanding
Our team understands that the City is seeking engineering support services for improving aeration reliability at the San Clemente Water Reclamation Plant (SCWRP) by replacing a non-operational Lampson blower and addressing both improved energy efficiency and redundancy needs for the secondary process. We understand that the City would like to use the current dissolved oxygen controls, but improve the aeration process performance by assuring oxygen demands for the biological treatment process are met. Our team is fully prepared to work with the City to review process data and site information to identify an appropriate blower that is compatible with the two existing Aerzen blowers at the SCWRP and will also reduce power costs.

We commend the City for establishing a robust procurement process that will allow for selection of an efficient blower and continuous oversight through the design and construction phases to ensure that it is integrated appropriately at SCWRP. Our team has served in this role for multiple projects of varying scales – including the secondary process upgrade design for the Meadowlark Water Reclamation Facility (5 MGD) and City of Ventura’s membrane bioreactor conversion project (12 MGD). The foundation of the project will be the preliminary design report, where we will identify design criteria, an equipment layout, and estimates for capital, utility, and on-going operations costs related to the identified blower and appurtenances. Using this basis, we will then develop 60% and 90% level design plans and specifications, as well as a final set of plans, specifications, and a Class 3 cost estimate for use in bidding and construction. Trussell will remain engaged in the project through the bidding and construction process, supporting the City in interfacing with the bidders, reviewing submittals, fielding information requests, attending construction meetings, and providing other as-needed design-related support.

Trussell is very familiar with the SCWRP,
having completed a 2020 Efficiency Study
to develop capital improvements and
operational recommendations for the
facility. As part of the efficiency study, our
team developed a model of the biological
wastewater treatment at SCWRP using
GPS-X software. In addition, we identified
the need to replace the Lamson aeration
blower, evaluated the operations of the
existing Aerzan blowers, and provided
preliminary recommendations based on
operational and water quality data at the
time. More recently, we are currently
supporting the City with design services
for a new membrane filtration (MF) and reverse osmosis (RO) treatment system at SCWRP. The new MF/RO system will allow the City to maximize water recycling from SCWRP. Similar to the

current project, the MF/RO project involves preliminary design, detailed design, as well as support through bidding and construction.

Approach
Our team is poised to hit the ground
running on the aeration blower
improvement project at SCWRP. We will
build on our familiarity with the SCWRP
and understanding of its treatment
process controls, prior preliminary
assessment of aeration needs, and
previously developed biological
treatment model to streamline the
preliminary design evaluation. Using
recent operational data, we will
recalibrate our existing model of SCWRP
biological treatment to evaluate the
airflow demands under current
operations, as well as with primary flow
equalization scenarios. As part of the
2020 Efficiency Study at SCWRP, Trussell recommended further evaluation of adding primary flow equalization. By equalizing the flow ahead of the secondary process, the diurnal fluctuations in air flow observed in the figure above are expected to be minimized, which would also impact the blower sizing and efficiency. The current evaluation will thus include identification of blower performance criteria, efficiency, costs, and sizing with and without primary equalization at SCWRP. In addition, we will identify any required changes to the pipelines, valves, and controls.

Considering the City’s desire to maintain redundancy of the secondary aeration process and the potential to extend the life of the two existing Aerzen blowers, Trussell will identify and assess various replacement options, including the following three scenarios:

1. The replacement blower is the primary operating equipment and the two existing blowers provide redundancy (configuration: 1 duty + 2 standby).

2. The replacement blower is one of two standby units (configuration: 1 duty + 2 standby).

3. The replacement blower is the sole standby unit with the two existing blowers as the default duty units (configuration: 2 duty + 1 standby).

Integration and compatibility of the new blower with the existing blower system will be a key consideration for this project as flexibility to run any combination of blowers and avoiding blower surges and/or overload is critical for overall system reliability.

SECTION II: METHODOLOGIES
Trussell and the City will benefit from our existing understanding of the SCWRP and long-term working relationships with the City’s operations staff. As referenced in the prior section, Trussell will rely on the use of recent operational data in combination with biological modeling to evaluate aeration needs for both current and future operations. Trussell will evaluate operational conditions

for the replacement blower to identify the most robust and efficient solution. We will work with established blower manufacturers to identify options and performance metrics to select the most compatible fit for SCWRP. Trussell will work closely with City staff to ensure any concerns with various operating conditions are addressed in the design. Furthermore, close collaboration through the design process will help minimize risk for the City. Our methodology will ensure the replacement is a robust and efficient addition that can be successfully integrated to the aeration system. A schematic summarizing the methodologies Trussell will employ for the project is provided below.

SECTION III: WORK PLAN
Trussell is committed to working with the City on all aspects of the blower improvement project – from identification of airflow demands to final design and through construction – to ensure the appropriate blower is selected, seamlessly installed, and properly integrated with the existing treatment. To accomplish the aeration improvements, our work plan is presented in sequential order of the tasks that capture our team’s approach to the project.

Task 1 Preliminary Design
The basis of design will be developed in two phases. First, we will review water quality and operational data reflecting recent operating conditions to allow for updating our existing model of biological treatment at SCWRP. We will evaluate airflow demand and blower sizing with and without primary equalization to evaluate additional opportunities for efficiency, building on Trussell’s prior SCWRP efficiency study. The foundation of the project will be the preliminary design report, where we will identify design criteria, an equipment layout, and estimates for capital, utility, and on-going operations costs related to the identified blower and appurtenances.

This will include an identification of associated mechanical, electrical, telemetry or other engineering elements.

Deliverables
• Preliminary Design Report
• Capital, Utility, and Operational Cost Estimates
Task 2 Final Design
The final design will leverage the outcomes from the
preliminary design to develop technical specifications and drawings. Trussell will first develop 60% design documents, which will include technical specifications and drawings for the replacement aeration blower and electrical. It is assumed that the City will provide typical front end specifications (e.g., general requirements) that will be tailored to the specifics of the project. A Class 3 OPCC will be developed to enable the City to budget appropriately for the blower replacement work.

The design will proceed through an iterative process, where feedback from the City and blower suppliers will be
incorporated to produce 90% documents and a subsequent
final design package.

Deliverables
• Class 3 Cost Estimate
• Design Plans and Specifications at 60% and 90% Completion • Final Design Plans for Bidding and Construction
Task 3 Construction Support Services
Once the design is finalized, Trussell will remain involved through the bidding and construction phases of the project. Trussell will play an active role in supporting the City by responding to questions and clarifications from qualified bidders. Once a design engineering firm or equipment vendor is selected for the project, Trussell will support the City in responding to requests for information (up to 15) and by reviewing shop-drawing submittals (up to 20). At least one Trussell project team member will attend all construction meetings. Once construction is complete for the blower installation, Trussell will update the design drawings for as-builts and provide the City with the final record drawings.

Deliverables
• Clarifications, details, and additional calculations for modifications to original design (up to 15 requests for information)
• Markups to shop drawing submittals (up to 20)
• Final record drawings

SECTION IV: PROJECT ORGANIZATION AND STAFFING
This section presents a brief background on Trussell, the organization of our project team, along with the qualifications and responsibilities of all key project team members.

Our Company
Trussell is an environmental engineering firm passionate about developing the best process and water quality solutions. This passion motivates us to tackle complex water challenges with the latest in practice and science. We have earned a reputation for finding cost-effective, practical, and simple solutions to challenging projects.

Founded in 2003, Trussell is composed
of 36 energetic, highly trained engineers
engaged in a range of projects, including
the evaluation, design, and permitting of
processes for drinking water, water
reclamation, potable reuse, and
wastewater. Together, we take projects
from concept through implementation
using experience, applied research and
treatability expertise, proven regulatory
insight, cutting-edge treatment system
design, and real-world operational
knowledge. Our reputable team will use
innovation to deliver high-quality
services that reduce project costs and
improve reliability. Trussell operates in the nexus between practice and science, with 9 staff members holding a Ph.D., 20 California-registered professional engineers, and five certified Wastewater and Advanced Water Treatment (AWT) operators. We have successfully completed projects throughout the State of California for a variety of municipal agencies and have unparalleled expertise in solving treatment issues by providing innovative, yet simple solutions.

Key Personnel
Our San Diego-based project team is grounded in the fundamentals of biological treatment and has worked with numerous Southern California utilities of all sizes to optimize treatment, identify more efficient operations, and support the implementation of identified upgrades from preliminary design through construction. Brett Faulkner, Trussell’s Biological Treatment Lead, will be the Project Manager and key contact responsible for all communications with the City. Brett has extensive experience in wastewater treatment, working with utilities of all sizes throughout Southern California. Brett was also the lead for Trussell’s 2020 Efficiency Study with the City.

T ll T h l i I (T ll)
Office Locations
Oakland, CA
Pasadena, CA
San Diego, CA
San Diego Office Solana Beach CA 92075
Years in Business 20 (founded in 2003)
Employees
g
20 CA Professional Engineers
9 Ph.D.s
7 Board Certified Environment
Engineers
5 WW/AWT Certified Operator

8

Shane Trussell, Trussell’s President, will serve as the Technical Advisor for the project. Shane will provide operational and technical support to the City and serve as the quality assurance and quality control (QA/QC) Advisor, where he will provide a technical review of all project deliverables. Fernanda Bacaro is Trussell’s Biological Treatment Specialist and will support the development of the basis of design with data analysis, biological modeling, and identification of associated design criteria. Fernanda has extensive experience with the modeling software GPSX. Rodrigo Tackaert will support the final design with development of technical specifications and design drawings. Rodrigo will leverage his design experience and familiarity with the SCWRP facilities through his involvement in the current MF/RO treatment design. The organization chart below establishes the management and control structure to achieve the goals and objectives of the project. A summary of each team member’s expected contribution to the project is also provided, indicating total number of hours by task and approximate availability for the duration of the project. Resumes of each project team member can be found in Appendix B.

Brett Faulkner, P.E.

Project Manager
Shane Trussell, Ph.D., P.E., BCEE
Technical Advisor, QA/QC
Fernanda Bacaro
Rodrigo Tackaert, P.E. Preliminary Design Lead
Final Design Lead
9

Contribution Schedule
Key Personnel
Number of Hours Committed by Task % Availability
for Aeration
Blower
Improvements
Preliminary
Design Final Design Construction Support Services
Brett Faulkner, P.E.

Project Manager 62 76 50 10%
Shane Trussell, Ph.D., P.E., BCEE
Technical Advisor, QA/QC 14 18 6 2%
Fernanda Bacaro
Preliminary Design Lead 136 72 8 10%
Rodrigo Tackaert, P.E.

Final Design Lead 2 160 66 12%
SECTION V: RELATED EXPERIENCE
Listed in this section are relevant project examples to give additional insight into how we can help the City. Each of the five projects includes a reference that can be contacted.

Project Experience
CLIENT
Vallecitos Water District

PROJECT
Title: Meadowlark Secondary and Tertiary Evaluations and Design Date: 2015-2021

REFERENCE
Matt Weise
Wastewater Treatment Plant Supervisor
201 Vallecitos De Oro
San Marcos, CA 92069
(760) 744-0460 ext. 411

KEY PERSONNEL & RESPONSIBILITIES
Shane Trussell, Technical Advisor
• Project Management, Technical and Operational Support Brett Faulkner, Project Manager and Design Lead
• Data Analysis, Operational Support, Biological Modeling, Design Documents, Inspection and Engineering Services During Construction
Rodrigo Tackaert, Project Engineer
• Data Analysis, Preliminary Design/Evaluations
10

GENERAL WORK PERFORMED
The Vallecitos Water District (VWD) owns and operates the Meadowlark Water Reclamation Facility (MWRF), which is capable of treating up to 5 MGD of wastewater to produce recycled water for local customers. Since 2010, Trussell has worked with the VWD on an assortment of projects including operational support/optimization, filter media design and replacement, coliform evaluation, disinfection system design, secondary process optimization, nutrient removal assessment, and secondary process preliminary and final design.

In 2017, Trussell completed an evaluation and preliminary design that assessed the viability, benefits, and cost associated with retrofitting the existing aeration basins at the MWRF with biological selectors.

Anticipated operational and treatment benefits associated with the selectors include biological phosphorus removal and reductions in sludge bulking and chemical coagulant dosing for tertiary filtration. The design included the creation of anaerobic selector zones at the beginning of each aeration basin using nonstructural baffles; a compressed gas system was selected to provide mixing with minimal oxygen transfer.

Another component of the upgrade was the aeration equipment: the unreliable existing panels were recommended for replacement because they were no longer supplied by the manufacturer. Replacement fine bubble diffusers were selected. In 2019 Trussell developed design documents (i.e., specifications and drawings) for the diffusers, mixing system, and non-structural baffle retrofits. Finally, Trussell retained the services of Ewing Construction Services to create a Level 2 Opinion of Probable Construction Cost, so the Vallecitos Water District could secure an appropriate budget for the project and gauge bid submittals.

Trussell assisted VWD with review of bid submittals from contractors and provided engineering services during construction to ensure the design specifications and performance requirements were met.

In 2015, Trussell designed replacement granular media for the MWRF’s filters, developed the technical specifications, and provided construction and operations support during the media replacement.

Historically, high doses of coagulant were relied upon to meet Title 22 filter effluent turbidity limits. Trussell identified that the filter media was inadequately sized for effective turbidity removal, so a finer media consisting of sand and anthracite was selected. The media was sized to lower turbidity by achieving fluidization and stratification with the existing backwash rates. Upon determining the preferred media design, Trussell provided technical specifications that described the media and requirements for proper testing and installation. Trussell also performed sieve analyses on the replacement media prior to installation to ensure that it met the design specifications. Trussell provided technical support throughout the installation process by inspecting the underdrains, removing fines, and providing media installation procedures. The new media has reduced coagulant use by 95% and dramatically improved recycled water quality.

CLIENT
Rancho California Water District (Upper District)

PROJECT
Title: Santa Rosa Water Reclamation Facility
Aeration Evaluation
Date: 2015-2018

REFERENCE
Robert Avera, P.E.

Principal Engineer
42135 Winchester Rd.

Temecula, CA 92590
(951) 296-6900 ext. 6982

KEY PERSONNEL & RESPONSIBILITIES
11

Shane Trussell, Project Manager
• Project Management, Technical and Operational Support Brett Faulkner, Project Engineer
• Data Analysis, Operational Support, Biological Modeling

GENERAL WORK PERFORMED
Rancho California Water District (RCWD) owns and operates the Santa Rosa Water Reclamation Facility (SRWRF) in Murrieta, California. The SRWRF had sequencing batch reactors (SBR) that utilized jet aeration to treat approximately 2.8 MGD. Trussell Technologies Inc. (Trussell) used the wastewater modeling software GPS-X to evaluate the efficiency of the existing jet aeration equipment and estimate potential cost savings if the SBR jet aeration equipment were to be replaced. The evaluation showed potential for significant savings, improved process performance, and a substantial increase in treatment capacity from upgrading the aeration equipment to fine bubble diffusers, new blowers, and implementing DO control. Trussell procured equipment recommendations and cost estimates from three competing manufacturers for blower and fine bubble aeration equipment upgrades.

Trussell was retained by RCWD in an owner’s rep role to oversee the design and construction of the recommended aeration upgrade. Trussell performed revised modeling for peak conditions to determine required airflow and the appropriate blower sizing criteria that resulted in efficient operation at current conditions and handling of peak design loads in the future. Construction was completed in 2022 and a recent evaluation performed by Trussell showed over 30% energy savings from the upgrades and improved effluent water quality.

CLIENT
Kennedy Jenks/City of San Buenaventura

PROJECT
Title: Ventura Water Reclamation Facility MBR/UV
Project
Date: 2022-Present

REFERENCE
Linda Sumansky
VenturaWaterPure Program Director
336 Sanjon Road
Ventura, CA 93002

KEY PERSONNEL
Shane Trussell, Project Manager
• Project Management, Technical Support
Brett Faulkner, Project Engineer
• Data Analysis, Biological Modeling, Biological Process Design Fernanda Bacaro, Project Engineer
• Data Analysis, Biological Modeling

GENERAL WORK PERFORMED
The City of San Buenaventura (City) selected Kennedy Jenks and Trussell to develop the design for the upgrade and expansion of its existing Ventura Water Reclamation Facility (VWRF) to include improved biological nutrient removal (BNR) basins, membrane bioreactors (MBR), and ultraviolet (UV) disinfection.

Trussell is the process design lead on the project for the BNR, MBR, and UV processes. Trussell analyzed historical plant operating data to develop biological models of the facility improvements which served as the basis for basin sizing, blower sizing, aeration grid coverage, and chemical use for denitrification to 12

achieve stringent effluent nitrate criteria. Additional sampling is also being conducted on the existing primary effluent and centrate to better characterize the inputs and assumptions of the model (e.g., fractionations) and optimize the model and resulting biological design, as needed. Trussell is currently leading efforts for pre-selection of the MBR and UV equipment and will continue to lead the process design through the 30%, 60%, 90% and final design submittals.

CLIENT
San Elijo Joint Powers Authority

PROJECT
Title: San Elijo Water Reclamation Facility Operations Plan, Operational Support, Secondary Improvements, and Recycled Water Expansion
Date: 2008-Present

REFERENCE
Mike Thornton
General Manager
2695 Manchester Avenue
Cardiff-by-the-Sea, CA 92007
(760) 753-6203

KEY PERSONNEL
Shane Trussell, Project Manager
• Project Management, Technical Support
Brett Faulkner, Project Engineer
• Operational Support, Biological Modeling

GENERAL WORK PERFORMED
Since 2008, Trussell has worked with the San Elijo Joint Powers Authority (SEJPA) on an array of projects related to secondary process optimization, recycled water expansion design, tracer and disinfection studies, instrumentation trials and integration, reverse osmosis membrane procurement/installation, and potable reuse planning.

Trussell develop an operations plan in 2011 that established operational guidelines to optimize treatment at the San Elijo Water Reclamation Facility (SEWRF). Over two years of daily plant data and industry standards were analyzed to establish guidelines for operations staff to efficiently operate and manage the treatment plant. These guidelines have eliminated guesswork, minimized operational expenses, and improved process performance. Since implementing Trussell’s operations plan, the SEJPA has reduced filter aid (i.e., alum and polymer) usage by over 95%, eliminated return activated sludge (RAS) chlorination, and optimized the non-nitrifying biological process such that the secondary effluent has turbidity < 3 NTU year-round. Three subsequent updates have incorporated additional review of process data and refined operational guidelines to further optimize the facility’s performance and ensure it reflects the latest practices.

In 2018, Trussell oversaw a trial of online instrumentation to enhance secondary process controls at the SEWRF. Trussell provided technical assistance and guidance while the SEJPA tested online ammonia and nitrate analyzers and real-time controls. Trussell analyzed the data and provided the SEJPA with optimized parameters and new operational targets. Additionally, the SEJPA now has more dynamic control strategies that Trussell incorporated into the most recent update to the operations plan in 2020.

In 2022, Trussell conducted a capital improvement planning evaluation that developed four phases of facility upgrades that will allow SEJPA to pursue potable reuse. The planned upgrades include 1) secondary treatment upgrades to fully nitrify, 2) replacement of granular media filters with membrane filtration, 3) potable reuse, 4) potable reuse expansion. 13

SECTION VI: PROJECT SCHEDULE
The proposed project schedule is summarized by task below, assuming notice to proceed by July 1, 2023. Deliverables are identified by yellow stars. All dates and time frames are subject to change based on input from the City, vendors, and other construction constraints. "!"$ "!"#

%")

&")

#"")

= Draft deliverable = Final deliverable
14 SECTION VII: COST DATA
Our proposed fee is summarized by task, with expected hours for each project team member, in the table below. Team members are identified by name, classification, and hourly rate. The costs associated with ‘subs’ represent a subcontracted electrical engineer who will complete the electrical portions of the technical specifications and design drawings. This individual will be identified once our team has been contracted for the project. The not-to-exceed total cost of $149,735 for the project is provided on the bottom line of the table and will be valid for a period of at least 90 days. *Cost includes 5% markup on ODCs.

Project Team Member Shane Trussell Brett Faulkner Rodrigo Tackaert Fernanda Bacaro Job Classification Principal Eng III Supervising Eng. II Senior Eng. III Senior Eng. II Hourly Billing Rate $ 330 $ 255 $ 220 $ 210
8 42 2 136 188 $42,350 $0 $500 $42,875
Identify engineering requirements for project 4 8 12 $2,700 $2,700Review existing technical information and process data 8 32 40 $8,760 $8,760Provide modeling for aeration basin airflow demands 2 8 40 50 $11,100 $11,100Identify proposed blower performance criteria and sizing 2 12 32 46 $10,440 $10,440Provide capital, utility, and operational cost estimates 2 8 20 30 $6,900 $6,900Conduct information and progress meetings with City staff 2 2 2 4 10 $2,450 $500 $2,975 12 52 148 28 240 $55,660 $20,000 $0 $75,660
Prepare 60% plans and specifications 4 24 80 16 124 $28,400 $15,000 $43,400Prepare 90% plans and specifications 2 12 32 4 50 $11,600 $3,000 $14,600Prepare 100% plans and specifications 2 8 16 4 30 $7,060 $2,000 $9,060Provide a Class 3 cost estimate for bidding purposes 4 8 20 4 36 $8,600 $8,600 4 30 58 4 96 $22,570 $0 $1,400 $24,040
Attend pre-bid meeting 2 2 2 6 $1,610 $200 $1,820Attend construction meetings 8 8 16 $3,800 $200 $4,010Review submittals & respond to RFIs 2 8 16 26 $6,220 $6,220Provide engineering support through construction 8 16 24 $5,560 $500 $6,085Update design drawings for As-Builts 4 16 4 24 $5,380 $500 $5,905 2 12 8 8 30 $7,160 $0 $0 $7,160
Budget tracking, invoicing, and monthly reporting 2 12 8 8 30 $7,160 $7,160 26 136 216 176 554 $127,740 $20,000 $1,900 $149,735 TOTAL 3 CONSTRUCTION SUPPORT SERVICES
4 PROJECT MANAGEMENT
ODCs* Total Cost *
1 PRELIMINARY DESIGN
Total
Cost Subs
2 FINAL DESIGN
Task Total Hrs

SECTION VIII: STATEMENT OF COMPLIANCE
Trussell Technologies declares that this proposal is in strict compliance with the Request for Proposal. Furthermore, no exceptions are proposed to the document.

SECTION IX: OTHER INFORMATION
The proposed project is a FRPELQHGHIIRUWZKHUHLQ Trussell is the lead participant with a subcontractor for electrical design. Once the contract is awarded, Trussell will secure an electrical engineer to complete the related electrical specifications and drawings for the blower design.

APPENDIX A: INSURANCE
Trussell carries professional liability insurance that is consistent with the requirements of the City’s Professional Services Agreement. A copy of the Certificate of Liability Insurance is provided on the next page.

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

PRODUCER CONTACT
NAME:

PHONE FAX (A/C, No, Ext): (A/C, No):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $

PRO- POLICY LOC JECT PRODUCTS - COMP/OP AGG
OTHER: $

COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $

OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident) $

HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY (Per accident) $
$

OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTHSTATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
11/18/2022
License # 0E67768
(626) 243-9135 52303 (626) 568-2886
20443
Trussell Technologies, Inc.
224 1 Fair Oaks Ave, Floor 2
Pasadena, CA 91103
20478
20494
20427
35378
A 2,000,000
B4031167437 11/15/2022 11/15/2023 300,000
10,000
2,000,000
4,000,000
4,000,000
Pollution Agg 4,000,000
B 1,000,000
BUA4031167454 11/15/2022 11/15/2023
C 4,000,000
B6014227764 11/15/2022 11/15/2023 4,000,000
10,000
D
WC431167504 11/15/2022 11/15/2023 1,000,000
1,000,000
1,000,000
E Professional Liab. MKLV5ENV103874 11/15/2022 Per Claim 2,000,000 E Professional Liab. MKLV5ENV103874 11/15/2022 11/15/2023 Aggregate 4,000,000 Evidence of Insurance
TRUSTEC-03 SMITHKI
IOA Insurance Services
130 Vantis
Suite 250
Aliso Viejo, CA 92656
Molly Johansing
[email protected]
Continental Casualty Company
National Fire Insurance Co of Hartford
Transportation Insurance Company
American Casualty Company of Reading, Pennsylvania
Evanston Insurance Company
X
11/15/2023
X
X
X
X
X
X
X
17

APPENDIX B: RESUMES
TRUSSELL TECHNOLOGIES, INC. | Brett Faulkner, P.E. Resume Brett Faulkner, P.E.

EDUCATION
• M.S., Environmental Engineering, San Diego
State University
• B.S., Civil Engineering, University of Colorado

REGISTRATION
• Civil Engineer, State of California – No. 87912

CERTIFICATION
• Grade III Wastewater Treatment Plant
Operator—Certificate Number 41525

SUMMARY
Brett Faulkner is a registered professional engineer
in the state of California with over thirteen years of
experience from numerous wastewater, recycled
water, and potable reuse projects. Mr. Faulkner’s
expertise is in water and wastewater treatment
processes with an emphasis on process design and
optimization. Mr. Faulkner also operated the City of
San Diego’s Pure Water Demonstration Facility
(PWDF) as a certified Grade 3 wastewater operator
in the State of California for over 2 years. The
PWDF has a production capacity of 1 MGD and
includes ozone, biologically activated carbon
filtration, membrane filtration, reverse osmosis, and
UV advanced oxidation. Mr. Faulkner is skilled in
GPS-X, a dynamic wastewater simulation modeling
software, and has utilized biological modeling to
assist in the evaluation, optimization, and/or sizing
of biological treatment processes at more than 10
facilities ranging from 3 to 300 MGD. Mr. Faulkner
currently provides routine operational support
and/or as-needed engineering services to 5
wastewater agencies.

PROJECT EXPERIENCE
Rancho California Water District
Title: SRWRF Aeration Evaluation and Blower
Replacment
Date: 2015-2018, 2023
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Project Engineer
San Elijo Joint Powers Authorities
Title: Process Optimization Plan and As Needed
Assistance
Date: 2008-Present
San Elijo Joint Powers Authority (SEJPA) owns and
operates the San Elijo Water Reclamation Facility
(SEWRF) in Cardiff By the Sea, California and
produces up to 3 MGD of recycled water. Trussell
Technologies worked with SEJPA to develop an
operations plan for the whole facility to improve
treatment, eliminate guesswork, and minimize the
operating cost of the SEWRF. Our staff also
provided the SEJPA with the conceptual design for
their 0.5 MGD MF/RO demineralization facility that
has been operating since 2013. Trussell
Technologies has also provided ongoing technical
support and recommendations for the MF and RO
operation and maintenance procedures. Our
recommendations to MF and RO operations
ensured that membrane processes operate stably
and are able to rebound in performance quickly

TRUSSELL TECHNOLOGIES, INC. | Brett Faulkner, P.E. Resume during any challenging water quality events. The
biological part of the operations plan resulted in
more consistent and effective biological treatment
that produces non-nitrified secondary effluent
typically below 3 NTU, and improvements to the
chemical dosing and feed logic that have reduced
alum and polymer use by over 95%. The operations
plan has been updated every few years to reflect
current plant performance and operating practices.

The most recent version of the operations plan was
updated in 2020. Trussell also provides as needed
engineering services to assist operations and
provide guidance and support.

Role: Project Engineer
Vallecitos Water District
Title: Aeration Basin Improvement Design
Date: 2018-2021
Trussell completed an evaluation and preliminary
design that assessed the viability, benefits, and cost
associated with retrofitting the existing aeration
basins at the Meadowlark Water Reclamation
Facility (MWRF) with biological selectors. There are
anticipated operational and treatment benefits
associated with the selectors, including biological
phosphorus removal and reductions in sludge
bulking and chemical coagulant dosing for tertiary
filtration. The anaerobic selector zones at the
beginning of each aeration basin were created
using non-structural baffles; a compressed gas
system provides mixing with minimal oxygen
transfer. Another component of the upgrade is the
aeration equipment: the unreliable existing panels
were replaced because they are no longer supplied
by the manufacturer. New fine bubble diffusers were
installed. Trussell also assisted with the
procurement of nitrate and TSS probes to provide
real-time process control and monitoring of the
activated sludge process. Brett lead the production
of final design documents (i.e., specifications and
drawings) that were developed for the diffusers,
mixing system, and non-structural baffles. Finally,
Trussell provided engineering services during
construction, which included responding to RFIs,
reviewing submittals, inspecting installation, and
coordinating equipment testing and startup.

Role: Project Manager, Design Lead
City of Santa Barbara
Title: Engineering Services for Membrane Filtration
Facility
Date: 2016-present
In the winter of 2015, the City of Santa Barbara
commissioned a 3-mgd tertiary facility to produce
recycled water using membrane filtration (MF). After
experiencing issues with MF production, the City
retained the services of Trussell to help ensure that
recycled water requirements can be reliably
achieved. Trussell has been working to analyze and
track wastewater process parameters at the El
Estero Wastewater Treatment Plant and has been
engaged in process operations in order to best
manage the feedwater quality supplying the MF
system. Trussell has also been involved in the
optimization of MF system cleaning procedures and
has led discussions between the City and the MF
system supplier to implement modifications and
improvements to the MF system. Trussell continues
to be involved in routine operational support for the
facility where process optimization and
implemented modifications have led to the reliable
achievement of MF production requirements.

Routine support is provided through an as needed
engineering services contract and includes monthly
analysis of all process and water quality data and
calls with operations staff to discuss the treatment
performance and determine operational
recommendations.

Role: Project Engineer
City of San Diego Water Planning Department
Title: Implementation of Extended Testing of
Advanced Water Purification Facility (AWPF)
Date: 2013-2015
Mr. Faulkner operated and conducted testing of
additional advanced treatment barriers specific to
potable reuse using the City’s 1 MGD Pure Water
Demonstration Facility. The project team built upon
a National Water Research Institute (NWRI) Panel’s
recommendations for treatment and monitoring
needs associated with potable reuse. Ozone and
biologically activated carbon (BAC), applied
upstream of MF/UF and RO, was investigated as a
means of providing additional disinfection credits for
virus and protozoa, removing contaminants of
emerging concern (CECs), and potentially reducing
organic fouling of the membrane systems. Mr.

Faulkner was the lead operator for the extended
testing project, performed the majority of
maintenance and repairs for the facility, and was
available on-call to address and troubleshoot any
operational issues through the duration of the
project.

Role: Project Engineer/Operator
TRUSSELL TECHNOLOGIES, INC. | Shane Trussell, Ph.D., P.E., BCEE Resume Shane Trussell, Ph.D., P.E.,
BCEE

EDUCATION
• Ph.D. Civil and Environmental Engineering,
University of California, Berkeley
• M.S., Civil and Environmental Engineering,
University of California, Los Angeles
• B.S., Chemical Engineering, University of
California, Riverside

REGISTRATION
• Civil Engineer, State of California-No. 66887

CERTIFICATIONS
• Board Certified Environmental Engineer,
American Academy of Environmental
Engineers – No. 11-10042
Specialty: Water Supply & Wastewater

SUMMARY
R. Shane Trussell is the President and Chief
Executive Officer of Trussell Technologies,
Inc. Dr. Trussell is a registered Civil Engineer
in the State of California with more than 20
years of hands-on experience with the
processes used to treat water, wastewater,
and potable reuse. Dr. Trussell has extensive
involvement in numerous potable reuse
projects throughout the state, ranging from
feasibility studies and pilot testing to design
and regulatory permitting. Dr. Trussell led two
major research efforts funded by the
WateReuse Research Foundation (now Water
Research Foundation): WRRF 11-02
(Equivalency of Advanced Treatment Trains
for Potable Reuse) and WRRF 14-12
(Demonstrating Redundancy and Monitoring
to Achieve Reliable Potable Reuse), with a
combined project budget total of $3.4 million,
to advance the implementation of potable
reuse in California. Recently, the State Water
Board selected Dr. Trussell to co-lead a statefunded project to evaluate strategies for dealing with peaks of chemical contaminants.

The State Board is now using the findings
from this research to develop statewide
regulations for DPR. Dr. Trussell is an industry
leader in potable reuse and developing water
supplies, leading innovative, effective
engineering and research projects throughout
California.

PROJECT EXPERIENCE
City of Buenaventura / Kennedy Jenks
Ventura Water Reclamation Facility MBR/UV
Project
Date: 2022-present
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Role: Project Manager
Vallecitos Water District
Aeration Basin Improvement Design
Year: 2018 - 2021
Trussell completed an evaluation and
preliminary design that assessed the viability,
benefits, and cost associated with retrofitting the
existing aeration basins at the Meadowlark
Water Reclamation Facility (MWRF) with
biological selectors. To do this, biological
modeling was performed. Anticipated
TRUSSELL TECHNOLOGIES, INC. | Shane Trussell, Ph.D., P.E., BCEE Resume operational and treatment benefits associated
with the selectors include biological phosphorus
removal and reductions in sludge bulking and
chemical coagulant dosing for the tertiary filters.

The anaerobic selector zones at the beginning
of each aeration basin were created using nonstructural baffles; a compressed gas system provides mixing with minimal oxygen transfer.

Another component of the upgrade was the
aeration equipment: the previous panels were
replaced because they were unreliable and no
longer supplied by the manufacturer. New fine
bubble diffusers were also installed. Trussell
assisted with the procurement of nitrate and total
suspended solids probes to provide real-time
process control and monitoring of the activated
sludge process. In addition, Trussell developed
final design documents (i.e., specifications and
drawings) for the diffusers, mixing system, and
non-structural baffles. During construction,
Trussell provided engineering services including
responding to requests for information,
reviewing submittals, inspecting installation, and
coordinating equipment testing and startup.

Role: Technical Advisor
City of San Diego/Stantec
Title: Pure Water San Diego Program
Year: 2015-present
Trussell is part of a consulting team including
Stantec (formerly MWH) and Brown and
Caldwell, and working with the City of San Diego
to implement the Pure Water Program. The goal
of the Pure Water Program is to develop a 30-
mgd capacity potable reuse water purification
facility that is operational by 2025, and with a long
term goal of having one-third of San Diego’s
drinking water supply (approximately 83 mgd) be
purified potable reuse water. Trussell is currently
supporting this effort with regulatory guidance for
permitting potable reuse facilities for source water
augmentation, predesign of the North City
Advanced Water Purification Facility (NCAWPF)
for two treatment train options, and prequalification and pre-selection testing for major equipment capital purchases including the
microfiltration/ultrafiltration (MF/UF), reverse
osmosis (RO), and ultraviolet light/advanced
oxidation process (UV/AOP) systems. Dr.

Trussell is leading the regulatory effort, including
interfacing with the independent project advisory
panel and working with experts and the City to
develop a sound strategy for permitting the future
facilities.

Role: Project Manager
San Elijo Joint Powers Authority
San Elijo Water Reclamation Facility Operations
Plan, Operational Support, Secondary
Improvements, and Recycled Water Expansion
Year: 2008-present
Since 2008, Trussell has worked with the San
Elijo Joint Powers Authority (SEJPA) on an array
of projects related to secondary process
optimization, recycled water expansion design,
tracer and disinfection studies, instrumentation
trials and integration, reverse osmosis
membrane procurement/installation, and potable
reuse planning. Trussell develop an operations
plan in 2011 that established operational
guidelines to optimize treatment at the San Elijo
Water Reclamation Facility (SEWRF). Over two
years of daily plant data and industry standards
were analyzed to establish guidelines for
operations staff to efficiently operate and
manage the treatment plant. Three subsequent
updates have incorporated additional review of
process data and refined operational guidelines
to further optimize the facility’s performance and
ensure it reflects the latest practices. Additional
efforts include support for a trial of online
instrumentation to enhance secondary process
controls at the SEWRFand a capital
improvement planning evaluation that developed
four phases of facility upgrades that will allow
SEJPA to pursue potable reuse. The planned
upgrades include 1) secondary treatment
upgrades to fully nitrify, 2) replacement of
granular media filters with membrane filtration,
3) potable reuse, 4) potable reuse expansion.

Role: Project Manager
TRUSSELL TECHNOLOGIES, INC. | Fernanda Baccaro Resume
Fernanda Baccaro

EDUCATION
•B.S.E, Environmental Engineering, Sao
Paulo State University (UNESP), Rio Claro,
SP, Brazil 2016
•M.S., Civil & Environmental Engineering,
University of Nevada Las Vegas (UNLV) 2018

SUMMARY
Fernanda Baccaro has a B.S. in Environmental
Engineering from the Sao Paulo State University,
Brazil and a M.S. in Civil and Environmental
Engineering from the University of Nevada, Las
Vegas. Her master’s thesis was focused on
alternative potable reuse treatment processes such
as ozone and biofiltration. She operated a pilotscale ozone biofiltration system to assess its feasibility towards bulk organic matter removal and
disinfection by-products (NDMA specifically)
mitigation, including upon final chloramination. Her
work also included the use of microbiology and
molecular biology techniques to understand NDMA
abatement during biofiltration. At Trussell, Mrs.

Baccaro worked on many field- and laboratorybased projects, where she performed several laboratory analyses for water quality, simulated
bench- and small-scale treatment processes, and
operated an advanced treatment plant for potable
reuse. Currently, her work is mostly focused on
biological wastewater treatment processes and
water reuse.

PROJECT EXPERIENCE
Ventura Water Reclamation Facility
MBR and UV Disinfection Project
Year: 2022 – current
The Ventura Water Reclamation Facility (VWRF) is
looking to upgrade their facility and include
membrane bioreactors (MBRs) as the seondary
treatment process and UV disinfection to replace
its chlorine process. Mrs. Baccaro has been
involved in the design of the secondary treatment
process, using modeling softwares to size the
biological system as well as the air system and
predict chemical consumption. The results of the
moeling will dictate the design of the future new
secondary treatment at the facility.

Role: Project Engineer
Hyperion Water Reclamation Plant
Year: 2022 – current
The Hyperion Water Reclamation Plant (HWRP) is
planning to add potable reuse to its portfolio and
reuse all of its future wastewater effluent by 2035.

Trussell has been contracted by the Los Angeles
Sanitation anf Environment (LASAN) to perform a
series of projects for HWRP.

A pilot-scale membrane bioreactor (MBR) plant will
be istalled at HWRP to test different membrane
products and understand the pathogen removal
dynamics by the MBRs. Mrs. Baccaro was involved
in the planning of the microbiological tests and
procedures for this phase of HWRP’s reuse plan.

She has also been involved in the preliminary
design of the proposed reuse facilitites for both
direct potable reuse (DPR) and indirect potable
reuse (IPR), particularly in the post treatment
processes.

Trussell has also been part of the team contracted
by LASAN to investigate possible sources of odor
at HWRP that led to complaints by the dwellers
nearby the facility. As part of this investigation,
Trussell is performing analysis of the treatment
processes at HWRP and evaluating their
performances. Trussell will propose strategies to
improve HWRP’s treatment processes that could
lead to less odor formation at the plant and
consequently, less odor compalints.

Role: Project Engineer
Metropolitan Water District of Southern
California
Regional Recycled Water Advanced Purification
Center
Year: 2019 – 2021
Metropolitan Water District of Southern California
(MWD), in collaboration with Los Angeles County
Sanitation District (LACSD), is looking for droughtproof water supplies in the Great Los Angeles Area. Trussell has been chosen to lead operation
and testing efforts for an initial demonstration plant
with a 0.5 million gallon per day (mgd) capacity.

TRUSSELL TECHNOLOGIES, INC. | Fernanda Baccaro Resume
Once built, the future full-scale Pure Water
Southern California (PWSC) will be the largest
recycled water plant in the world, with a 160mgd
capacity. The processes employed at the PWSC
demonstration facility include tertiary membrane
bioreactors (tMBRs) in nitrification mode, reverse
osmosis (RO), and ultraviolet light coupled with
advanced oxidation processes (UV/AOP). Due to
the uniqueness of these processes and given that
current regulations in California are inexistent for
these processes, this project’s success will dictate
the development of regulatory requirements for
MBRs in water reuse projects in the State. Mrs.

Baccaro’s responsibilities in this project were (1)
the daily operations of the demonstration plant, (2)
supporting the testing and monitoring efforts, (3)
supporting preventive maintenance of major
equipment, (4) supporting data management and
analysis.

Role: Project Engineer/Operator
Terminal Island Water Reclamation Plant
Indirect Potable Reuse Full Advanced Treatment
Demonstration
Year: August 2018 – 2019, 2021
This innovative advanced water purification project
is the first in the world to use sodium hypochlorite
as the oxidant for ultraviolet irradiation coupled
with advanced oxidation processes (UV/AOP). The
unique characteristics of the water at Terminal
Island Water Reclamation Plant (TIWRP) along
with the potency of hypochlorite as an oxidant
culminated in the plant exceeding limits for
bromate. Trussell was hired to conduct bench- and
full-scale experiments to understand bromate
formation in the UV/AOP process as well as to
solve the bromate issue. During the field studies,
other peculiarities were noticed by the team
regarding water quality and operations, and further
improvements were suggested for overall better
treatment performance.

Mrs. Baccaro, along with other team members,
performed several bench- and field-scale tests and
analyzed the data generated along with
operational data for this troubleshooting.

TIWRP final water is bought by different clients,
therefore, the stabilization process post advanced
treatment had to be carefully revised to fulfill the
needs of the different clients while complying with
current regulations. Mrs. Baccaro analyzed the
water quality data, pre and post stabilization
treatment, and helped TIWRP make decisions for
their end use consumer satisfaction.

In 2020, TIWRP hired Trussell to support
optimization of their secondary treatment aiming
better ammonia removal, which impacts their full
advanced treatment processes. Mrs. Baccaro
supported data management and analysis.

Role: Project Engineer
Donald C. Tillman Water Reclamation Plant
Recycled Water Purification Pilot
Year: 2018 – 2019
The City of LA is looking for alternative and reliable
water supplies. The Los Angeles Sanitation &
Environment (LASAN) Donald C. Tillman Water
Reclamation Plant (DCTWRP) constructed a
potable reuse pilot employing several different
treatment technologies to purify reclaimed water.

The pilot received tertiary effluent and consisted of
ozone and biological activated carbon (BAC),
membrane filtration (MF), reverse osmosis (RO),
ultraviolet light (UV) and soil aquifer treatment
(SAT), in different configurations.

Several bench- and pilot-scale tets were performed
in order to address an array of current potable
reuse challenges. Some of these tests were (i)
preformed chloramines to mitigate bromate
formation upon ozonation; (ii) collimated beam
testing to replicate UV photolysis of contaminants
of emerging concern (CECs); (iii) rapid small-scale
column testing (RSSCT) to quickly analyze
granular activated carbon (GAC) breaktrough of
organics such as total organic carbon (TOC) and
per- and polyfluoroalkyl substances (PFAS) to
predict full-scale breaktrough; among others.

Mrs. Baccaro has been involved also in the
analysis of the plant’s processes performances
and on the optimization of the processes.

Role: Project Engineer
TRUSSELL TECHNOLOGIES, INC. | Rodrigo A. Tackaert, P.E. Resume Rodrigo A. Tackaert, P.E

EDUCATION
• M.Sc., Environmental Engineering,
Technical University of Munich
• B.S., Chemical Engineering, University of
California, San Diego

REGISTRATION
• Civil Engineer, State of California – No.
90651

CERTIFICATION
• State of California Grade III Wastewater
Operator – No. 43566
•CA-NV AWWA Grade V Advanced Water
Treatment Operator – No. 153

SUMMARY
Rodrigo Tackaert is a registered Civil
Engineer in the State of California, a certified
Grade III Wastewater Operator, and certified
Grade V Advanced Water Treatment
Operator, with seven years of experience.

He holds a B.S. in Chemical Engineering
from the University of California at San Diego
and a M.Sc. in Environmental Engineering
from the Technical University of Munich,
Germany. Mr. Tackaert has been engaged in
the design of multiple recycled water and
potable reuse projects as well as
optimization of monitoring strategies,
evaluation of treatment train performance,
and execution of pilot testing for product prequalification. He has vast experience with membrane treatment processess, including
MF and RO. Mr. Tackaert incorporates his
operational expertise to provide utilities with
designs that serves the intended function
while keeping the operator experience in
mind.

PROJECT EXPERIENCE
City of San Diego Pure Water Program
Title: Implementation of up to 83 MGD of
Potable Reuse by 2035
Year: 2015 – present
Pure Water San Diego is the City’s 20-year
program to provide a safe, secure and
sustainable local drinking water supply for
San Diego. This project builds upon 10+
years of operation and testing of the 1.0
MGD Pure Water Demonstration Facility
(PWDF) located at North City Water
Reclamation Plant. The facility employs fulladvanced treatment train (MF, RO, UV/AOP) with a pre-treatment process consisting of
ozone and biologically active carbon (BAC).

Trussell Technologies is partnered with
Brown and Caldwell and Stantec to develop
design of the full-scale AWP facilities for
Phase 1 and Phase 2 of the program. Mr.

Tackaert has been involved with multiple
aspects of the program, including design and
procurement of the 42 MGD MF system and
operation and maintenance of the 1.0 MGD
PWDF. He is also involved with the design of
the MF and RO systems for the small-scale
facility being constructed to inform the Phase
2 full-scale facility.

Role: Project engineer
City of San Diego South Bay Water
Reclamation Plant
Title: Design of MF/RO System
Year: 2022 – present
South Bay Water Reclamation Plant
(SBWRP) is a 15 MGD capacity facility that
produces recycled water for local customers.

Trussell Technologies is performing a
design-bid-build project of a MF/RO system
that will replace the existing trailer mounted
Electrodialysis Reversal (EDR) units for

TRUSSELL TECHNOLOGIES, INC. | Rodrigo A. Tackaert, P.E. Resume demineralization purposes. Mr. Tackaert is
serving as the MF/RO design lead to provide
a MF/RO system that will bring ease of
operation to City staff and that reliably meets
its treatment goals.

Role: Project Engineer
City of San Clemente Water Reclamation
Plant
Title: Engineering and Design Services for
Recycled Water Quality Improvement
Year: 2022 – present
The City of San Clemente Water
Reclamation Plant (CSCWRP) operates a
facility with a tertiary effluent capacity of 5
million gallons per day (MGD). This plant is
responsible for producing recycled water to
meet the needs of local customers who have
specific effluent limitations. As part of a
design-bid-build project, Trussell
Technologies has been appointed as the
process lead subconsultant. Trussell
Technologies is tasked with designing a 1.2
MGD product MF/RO system. This system
will function as a side-stream tertiary
treatment system, working alongside the
existing infrastructure, in order to reduce the
overall level of total dissolved solids (TDS) in
the recycled water. The primary objective is
to ensure that the water meets the specific
requirements and standards of the City while
reliably achieving the established treatment
goals. Leading the process design and
implementation of the MF/RO system is Mr.

Tackaert. His role is to develop a system that
aligns with the City's standards, adheres to
regulatory guidelines, and consistently
delivers the desired treatment outcomes.

Role: Project Engineer
Padre Dam Municipal Water District
Title: East County Advanced Water
Purification Program
Year: 2014 - present
Padre Dam and its partners established the
East County Joint Powers Authority (JPA) to
undertake the East County Advanced Water
Purification Program. This Program will use
state-of-the-art technology to purify East San
Diego County’s recycled water to produce up
to 30 percent of East County’s drinking water
supply. Trussell Technologies has been part
of the Program since 2014, with the design
and operational support of the 100,000 gpd
demonstration facility to demonstrate
treatment effectiveness and support
development of the 11.5 MGD full-scale
AWPF consisting of MF/RO and UV/AOP.

Trussell continues to provide technical
support related to regulatory support and
permitting. Mr. Tackaert was also project
engineer of a study that evaluated high
recovery for the reverse osmosis system
conducted at the demonstration facility. The
findings from the study informed the RO
technology and recovery for the design of the
future full-scale AWPF.

Role: Project Engineer
Carmel Area Wastewater District
Title: Membrane Filtration and Reverse
Osmosis Operational Support
Year: 2018 – present
Trussell Technologies documents MF and
RO process performance, analyzes data
independently, and aids CAWD in
implementing improvements for increased
recycled water production capacity and
process reliability. Trussell offers technical
recommendations through review of MF and
RO data, water quality, maintenance.

Role: Project engineer
1 55452.01100\31193624.5
EXHIBIT “B”

SCHEDULE OF SERVICES
Consultant shall perform the Services according to the following schedule:
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= Draft deliverable = Final deliverable
55452.01100\31193624.5
EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

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

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

3.2.12.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
55452.01100\31193624.5
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.

3.2.12.5 Workers' Compensation:
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

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

3.2.12.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
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3.2.12.8 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.2.12.9 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

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

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

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.2.12.13 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and 55452.01100\31193624.5
volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

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EXHIBIT “D”

COMPENSATION
In complete compensation for Consultant’s Services under this Agreement, City shall pay Consultant the following hourly rates for services actually performed:

Total compensation under this Agreement shall not exceed one hundred forty-nine thousand, seven hundred thirty-five ($149,735) as the guaranteed maximum price for the Consultant to complete the Services to the City’s satisfaction.

There are no reimbursable expenses under this Agreement. 14 SECTION VII: COST DATA
Our proposed fee is summarized by task, with expected hours for each project team member, in the table below. Team members are identified by name, classification, and hourly rate. The costs associated with ‘subs’ represent a subcontracted electrical engineer who will complete the electrical portions of the technical specifications and design drawings. This individual will be identified once our team has been contracted for the project. The not-to-exceed total cost of $149,735 for the project is provided on the bottom line of the table and will be valid for a period of at least 90 days. *Cost includes 5% markup on ODCs.

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WORKER’S COMPENSATION INSURANCE CERTIFICATION

WORKERS' COMPENSATION DECLARATION

I hereby affirm under penalty of perjury one of the following declarations:

(ONE OF THE BOXES BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.

I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurance carrier and policy number are:

Carrier____________________________________________________ Policy Number______________________________________________

I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker’s compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
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Dated: ________________________, 20____
Trussell Technologies, Inc., a California
corporation
(“CONSULTANT”)
By:

It’s
R.6KDQH TrusselO
Chief Executive Officer
224 N Fair Oaks Avenue, FL 2
Pasadena, CA 91103

San Clemente City CouncilSeptember 14, 2023

San Clemente City Council
September 14, 2023