APPLE VALLEY TOWN COUNCIL
AGENDA
Tuesday, September 23, 2025, 6:30 p.m.
Council Chamber
PLEASE SILENCE CELL PHONES UPON ENTERING THE CHAMBER
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The meeting will occur in the Council Chamber located at 14955 Dale Evans Parkway in Apple Valley, California.
This is an agenda for the scheduled meeting of the Town of Apple Valley.
This agenda contains a brief description of each item of business to be considered at today’s meeting. In accordance with the Brown Act, this meeting agenda is posted at least 72 hours prior to the regularly scheduled meeting. The agenda, its supporting documents and all writings received by the Town Council related to these items are public records and available for review during regular business hours in the Town Clerk’s office in the Town Council Chamber. The agenda and its supporting documents, along with live and archived video of the meeting, can be viewed online at http://www.applevalley.org. However, the online agenda may not include all available supporting documents or the most current version of documents.
Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Town Clerk’s Office at 14955 Dale Evans Parkway, Apple Valley, CA during normal business hours. Such documents are also available on the Town of Apple Valley website at www.applevalley.org subject to staff’s ability to post the documents before the meeting.
Items listed on the Consent Calendar are expected to be routine and non-controversial and, unless the Town Council directs that an item be held for further discussion, the entire Consent Calendar will be acted upon as the first item of business. If the Town Council directs that an item listed on the Consent Calendar be held for further discussion, the item will be addressed immediately after approval of the Consent Calendar.
In accordance with the Rules of Procedure, members of the public may address the Town Council on any item on the agenda and on any matter that is within the Town Council’s jurisdiction. To address the Town Council regarding an item, complete and submit the yellow card entitled Request to Speak.
Please indicate on the card whether you are speaking under Public Comments or on an item that is listed on the agenda and please list the item number.
No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of the Town Council/Redevelopment Agency or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3.
When called, approach the podium and if desired, please state your name before giving your presentation. Speakers may address the Town Council for up to three (3) minutes. Speakers are to address the Town Council as a whole through the Presiding Officer. Comments to individual Council Members and/or staff are not permitted.
Individuals, who demonstrate disruptive conduct during Town Council meetings that prevent the Town Council from conducting its meeting in an orderly manner, are guilty of a misdemeanor as stated in PC403, disrupting a public meeting and are subject to removal from the chamber or arrest.
The Town of Apple Valley recognizes its obligation to provide equal access to those individuals with disabilities. Please contact the Town Clerk’s Office at (760) 240-7000 two working days prior to the scheduled meeting for any requests for reasonable accommodations.
Pages
1. Call to Order
2. Opening Ceremonies
2.1 Invocation
Pastor Fergeson with Calvary Chapel Apple Valley
2.2 Pledge of Allegiance
2.3 Presentations
3. Public Comments
4. Councilmember Committee/Commission/Community Participation 7 Councilmembers to make brief reports on their participation on committees, boards, and commissions on the Town’s behalf since the last meeting.
Councilmembers may also make brief reports on their community participation.
No formal action will be taken.
5. Town Council Announcements
5.1 Suggested items for next Agenda
5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - October 14, 2025 - Council Chambers Regular Session at 6:30pm.
6. Town Council Consent Agenda
Recommended Motion:
To approve the Consent Calendar items numbered 6.1 to 6.15 as recommended.
6.1 APPROVAL OF MINUTES 9
That the Town Council approve the subject minutes as part of the consent agenda.
6.2 AUGUST 2025 COMMERCIAL WARRANTS AND WIRE TRANSFER
SCHEDULES
18 That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.
6.3 AUGUST 2025 PAYROLL/BENEFITS WARRANTS SCHEDULE 33
That the Town Council receive, ratify and file the payroll/benefits warrants as presented.
6.4 APPROVE FINAL PARCEL MAP 20971 35
Move to accept the final map Parcel Map No. 20971
6.5 AWARD HIGHWAY 18 AND PAWNEE ROAD SIGNAL DESIGN
PROJECT
39 That the Town Council:
Award a Professional Services Agreement to David Evans and Associates, Inc. for the Highway 18 at Pawnee Road Signal Design Project, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.
A.
Adopt a budget amendment appropriating $129,471.33 from unallocated Measure I funds for the Highway 18 and Pawnee Road Signal Design Project.
B.
6.6 BEAR VALLEY ROAD BRIDGE OVER MOJAVE RIVER
REHABILITATION & WIDENNING PROJECT: DOKKEN FORMAL
CONTRACT AMENDMENT NO. FOUR (4) ENGINEERING AND
ENVIRONMENTAL CONSTRUCTION SUPPORT SERVICES
62 Approve Formal Contract Amendment No. four (4) to the March 11, 2014, Agreement between the Town of Apple Valley and Dokken Engineering for engineering and environmental construction support services for the Bear Valley Road Bridge over the Mojave River Rehabilitation and Widening Project for an amount not-to-exceed $495,423 and a time extension to December 31, 2028.
6.7 BEAR VALLEY ROAD BRIDGE OVER MOJAVE RIVER
REHABILITATION & WIDENING PROJECT- APPROVE PLANS,
SPECIFICATIONS AND ENGINEER’S ESTIMATE AND AUTHORIZE
TO ADVERTISE FOR CONSTRUCTION
76 That the Town Council:
Review and approve the Plans, Specifications and Engineer's Estimate for the Bear Valley Road Bridge over Mojave River Rehabilitation & Widening Project.
A.
Authorize staff to advertise and solicit bids for construction of said project.
B.
6.8 AWARD CONTRACT FOR THE CONSTRUCTION MANAGEMENT
SERVICES FOR THE BEAR VALLEY ROAD BRIDGE OVER MOJAVE
RIVER REHABILITATION & WIDENING PROJECT
79 Award a contract to Parsons Transportation Group, Inc. for construction management Services for the Bear Valley Road Bridge over Mojave River Rehabilitation & Widening Project in an amount not to exceed $5,835,302.67, subject to “Approval as to Form” by the Town Attorney, and “Approval as to Content” by the Town Manager.
6.9 APPROVE 2027 THROUGH 2031 CAPITAL PROJECT NEEDS
ANALYSIS
146
That the Town Council:
Approve Fiscal Year 2026/2027 through 2030/2031 Capital Project Needs Analysis.
A.
Adopt Resolution No 2025-27, Adopting the Measure I Five Year Capital Project Needs Analysis.
B.
6.10 APPLE VALLEY CHOICE ENERGY (AVCE) RATE CHANGE
APPROVAL
154
Approve the Town Manager, acting as Executive Director of Apple Valley Choice Energy (AVCE), to implement adjustments to AVCE generation rates effective October 1, 2025, to maintain rate parity with Southern California Edison (SCE).
6.11 APPROVAL OF AMENDMENT NO. FOUR (4) TO THE AGREEMENT
FOR ADMINISTRATIVE SERVICES WITH THE CALIFORNIA CHOICE
ENERGY AUTHORITY (CALCHOICE)
156
Authorize the Town Manager to execute Amendment No. four (4) to the Agreement for Administrative Services with the California Choice Energy Authority (CalChoice).
6.12 RESOLUTION NO. 2025-28 AMENDING THE ASSISTANT PLANNER
JOB CLASSIFICATION FOR THE TOWN OF APPLE VALLEY
160
Approve Resolution No. 2025-28, A Resolution of the Town Council of the Town of Apple Valley, California, amending the current Assistant Planner job classification.
6.13 RESIDENTIAL REHABILITATION LOAN CONTRACT 167
Award a contract to Siciliano’s Construction Company Inc., for the Residential Rehabilitation Loan Program applicant H25-08, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.
6.14 MIKE MARTIN GYMNASIUM ROOF REHABILITATION NOTICE OF
COMPLETION
176
That the Town Council:
Accept the work for the Mike Martin Gymnasium Roof
Rehabilitation Project No. FAC2025-03 as complete for a total cost of $64,500.00;
A.
Direct the Town Clerk to file the Notice of Completion with the San Bernardino County Recorder’s Office; and
B.
Authorize the release of retained funds 30 days after the Notice of Completion has been recorded, provided no claims are filed against the project.
C.
6.15 APPROVE AMENDMENT NO. FOUR (4) TO TOWN MANAGER
EMPLOYMENT AGREEMENT
179
It is recommended that the Town Council approve the Fourth (4th) Amendment to the Employment Agreement between the Town of Apple Valley and Douglas Robertson.
7. Public Hearings
7.1 INTRODUCE ORDINANCE NO. 571 AN ORDINANCE OF THE TOWN
COUNCIL OF THE TOWN OF APPLE VALLEY, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AMENDING CHAPTER 3.12
OF TITLE 3 OF THE TOWN OF APPLE VALLEY MUNICIPAL CODE,
RELATING TO PURCHASING.
194
That the Town Council:
Find that the proposed adoption of Ordinance No. 571 is not subject to and is exempt from CEQA based upon a finding that, under section 15061(b)(3) of the CEQA Guidelines, it can be seen with certainty that there is no possibility that the proposed amendment may have a significant effect on the environment.
A.
B. Direct staff to file a Notice of Exemption.
Move to waive the reading of Ordinance No. 571 in its entirety and read by title only.
C.
Move to introduce Ordinance No. 571 amending Chapter 3.12 of Title 3 of the Town of Apple Valley Municipal Code, relating to purchasing.
D.
7.2 PROGRAM YEAR (PY) 2024-2025 CONSOLIDATED ANNUAL
PERFORMANCE EVALUATION REPORT (CAPER)
203
That the Town Council:
Conduct a public hearing and accept public testimony on the Program Year (PY) 2024-2025 Consolidated Annual
Performance Evaluation Report (CAPER).
A.
B. Approve the PY 2024-2025 CAPER.
Authorize the Town Manager or his designee to submit the PY 2024-2025 CAPER to the U.S. Department of Housing and
Urban Development (HUD), along with any public testimony and changes thereto as directed by the Town Council.
C.
8. Business of the Council
8.1 VACANY ON THE PLANNING COMMISSION 205
Council Member Bishop to nominate: ____________ to the Town of Apple Valley Planning Commission.
9. Reports, Requests and Communications
10. Town Manager’s Comments & Legislative Update
11. Closed Session
12. Adjournment
Recommended Motion:
To adjourn the meeting of the Apple Valley Town Council at TIME.
TOWN OF APPLE VALLEY
TOWN COUNCIL SERVING ON BOARDS, COMMITTEES & COMMISSIONS
CITIZEN ADVISORY COMMITTEES
HISTORICAL ADVISORY COMMITTEE (HAC)
Council Member Cusack
Meets every 2nd Tuesday of each month at 9:00 a.m.,
(location may vary)
SPECIAL ADVISORY COMMITTEES
DISASTER PREPAREDNESS*
Mayor - Chairman
Meets quarterly at 1:30 p.m., Town of Apple Valley
Conference Center - Development Services Building
14975 Dale Evans Parkway, Apple Valley.
TRAFFIC ADVISORY COMMITTEE (TAC)
Mayor Nassif
Meets as needed.
Town Council Chambers
TOWN PERSONNEL COMMITTEE
Mayor Nassif
Council Member Bishop
Meets as needed
PARK AND RECREATION ADVISORY COMMITTEE
Mayor Nassif
Mayor Pro-Tem Emick
AD HOC COMMITTEES
APPLE VALLEY ROAD AD HOC COMMITTEE
Mayor Nassif
VILLAGE MERCHANTS AD HOC COMMITTEE
Mayor Pro-Tem Emick
SINGLE-FAMILY RESIDENTIAL DESIGN CRITERIA
AD-HOC COMMITTEE
Council Member Bishop
Council Member Leon
AGENCY - BOARDS/COMMITTEES &
COMMISSIONS
CALIFORNIA JOINT POWERS INSURANCE
AUTHORITY (CJPIA)
Mayor Nassif – Director
Exec. Committee meets every 4th Wednesday of each
month at 7:00 p.m., La Palma, CA.
CAL CITIES/DESERT MOUNTAIN DIVISION (DMD)
Mayor Nassif- Voting Delegate
Council Member Bishop – Alternate
Meets as needed, rotating cities.
MOJAVE DESERT AIR QUALITY MANAGEMENT
DISTRICT (MDAQMD)
Council Member Leon-– Delegate
Mayor Pro-Tem Emick – Alternate
Meets every 4th Monday of each month at 10:00 a.m.,
14306 Park Avenue, Victorville
MOJAVE DESERT AND MOUNTAIN RECYCLING
AUTHORITY
Council Member Cusack – Delegate
Council Member Bishop – Alternate
Meets quarterly on the 2nd Thursday February, May,
August and November at 10:00 a.m.
at the Materials Recovery Facility, 17000 Abbey Lane,
Victorville
SAN BERNARDINO COUNTY TRANSPORTATION
AUTHORITY (SBCTA)
Council Member Bishop - Board Member
Council Member Cusack – Alternate
Meets 2
nd Wednesday of each month at 9:00 a.m.,
I10/I15 Corridor meets 2nd Thursday at 10:00 a.m.
1170 West 3rd St.
San Bernardino
SOLID WASTE ADVISORY TASK FORCE (SWAT)
Council Member Cusack – Committee Member
Julie Ryan - Alternate
Meets as needed on Wednesdays at 1:30 p.m.
Sam J. Racadio Library & Environmental Learning
Center Community Room 7863 Central Ave. Highland
VICTOR VALLEY ECONOMIC DEVELOPMENT
AUTHORITY (VVEDA)
(George Air Force Base Reuse Task Force)
Mayor Pro-Tem Emick – Commissioner
Council Member Bishop – Alternate
Meets as needed, SCLA
VICTOR VALLEY TRANSIT AUTHORITY (VVTA)
Mayor Pro-Tem Emick – Representative
Council Member Leon - Alternate
Meets every 3rd Monday of each month at 9:30 a.m.,
Victorville City Hall
VICTOR VALLEY WASTEWATER RECLAMATION
AUTHORITY (VVWRA)
Mayor Nassif – Commissioner
Council Member Bishop – Alternate
Meets every 3rd Thursday at 7:30 a.m.
VVWRA Offices
GREATER HIGH DESERT CHAMBERS
GOVERNMENTAL RELATIONS COMMITTEE
Council Member Bishop – Representative
Council Member Cusack – Alternate
*These Boards, Committees and
Commissions require the Mayor to serve
as the representative.
Town Council Agenda Report
Date: September 23, 2025
To: Honorable Mayor and Town Council
Subject: APPROVAL OF MINUTES
From: Douglas Robertson, Town Manager
Submitted by: La Vonda M-Pearson, Director of Government Services/Town Clerk Government Services Department
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That the Town Council approve the subject minutes as part of the consent agenda.
SUMMARY:
A. Regular Meeting, August 26, 2025
B. Special Meeting, September 15, 2025
Apple Valley Town Council
MINUTES
August 26, 2025, 6:30 p.m.
Council Chamber
Members Present: Mayor Scott Nassif
Mayor Pro Tem Curt Emick
Council Member Art Bishop
Council Member Larry Cusack
Council Member Kari Leon
_____________________________________________________________________
1. Call to Order
Mayor Nassif called to order the regular session of the Apple Valley Town Council at 6:30 p.m.
2. Opening Ceremonies
2.1 Invocation
Pastor Kit Johnson with Life Point Baptist Church Apple Valley
2.2 Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Bishop.
2.3 Presentations
3. Public Comments
Kerry Henard, Apple Valley, commented on the Town of Apple Valley's continued attempt to take over Liberty Utilities. He played an audio recording of the Mayor during the Mayor’s Minute where he discussed the acquisition.
Jimmy Brown, American Legion 256, presented Council Member Bishop with an official legion cover. He also commented on Mc Connell Park and stated that they could assist in getting items for the park if needed.
Marcy Taylor, Historical Advisory Committee Member, commented on past events and thanked the Parks Department for scheduling the grand opening of Mc
TC MINUTES AUGUST 26, 2025
2 Connell Park after the Veterans Parade. She also commented on the traveling Green Book.
4. Councilmember Committee/Commission/Community Participation Councilmembers to make brief reports on their participation on committees, boards, and commissions on the Town’s behalf since the last meeting.
Councilmembers may also make brief reports on their community participation.
No formal action will be taken.
Council Member Bishop commented on committee meetings and events that he attended.
Council Member Cusack commented on committee meetings and events that he attended.
Council Member Leon commented on committee meetings and events that she attended.
Mayor Pro Tem Emick commented on committee meetings and events that he attended.
Mayor Nassif commented on committee meetings and events that he attended.
5. Town Council Announcements
5.1 Suggested items for next Agenda
village specific plan update by Larry. Will bring something to commission.
Council Member Bishop commented on other areas outside of California posing fees for packages delivered.
5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - September 9, 2025 - Council Chambers Regular Session at 6:30pm
6. Town Council Consent Agenda
Motion by: Mayor Pro Tem Emick
Seconded by: Council Member Bishop
To approve the Consent Calendar items numbered 6.1 to 6.11 as recommended.
Yes (5): Mayor Nassif, Mayor Pro Tem Emick, Council Member Bishop, Council Member Cusack, and Council Member Leon
Carried (5 to 0)
TC MINUTES AUGUST 26, 2025
3 6.1 APPROVAL OF MINUTES
That the Town Council approve the subject minutes as part of the consent agenda.
6.2 FEE WAIVER FOR THE CHURCH FOR WHOSOEVER
For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of the rental fees in the amount of $210.00.
6.3 APPROVAL OF ADDENDUM NUMBER TWO (2) TO THE JOINT USE
AGREEMENT WITH THE APPLE VALLEY UNIFIED SCHOOL DISTRICT
TO COMPYL WITH THE UPDATED EDUCATION CODE
REQUIREMENTS
Approve the addendum to the Joint Use Agreement with the Apple Valley Unified School District. The addendum updates procedures requiring the Town to notify the District by the next working day of any health or safety concerns, criminal matters involving staff, or building safety issues. It also reflects an increase in program fees to account for rising operational costs set forth in the original Joint Use Agreement.
6.4 AWARD RESIDENTIAL REHABILITATION LOAN CONTRACT C25-07 Award a contract to J. Allison Construction, for the Residential Rehabilitation Loan Program applicant C25-07, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.
6.5 AWARD RESIDENTIAL REHABILITATION LOAN CONTRACT C25-06 Award a contract to Robert Scott Lawrence, for the Residential Rehabilitation Loan Program Applicant C25-06, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.
6.6 AWARD RESIDENTIAL REHABILITATION LOAN CONTRACT H25-07 Award a contract to J. Allison Construction, for the Residential Rehabilitation Loan Program applicant H25-07, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.
6.7 ACCEPT THE FINAL PARCEL MAP NO. 20736
TC MINUTES AUGUST 26, 2025
4 Move to accept the final Parcel Map No. 20736 for applicant Martin and Maria Aguilera.
6.8 REQUEST TO VACATE A PORTION OF OUTER HIGHWAY 18 SOUTH ALONG PARCEL 6 PARCEL MAP 14729
That the Town Council:
A. Find that Outer Highway 18 South rights-of-way, adjacent to the approved Buffalo Trading Post retail center, are excess right-of-way of a street or highway not required for street or highway purposes.
B. Adopt Resolution No. 2025-26 Vacating A Portion of Outer Highway 18 South, pursuant to Streets and Highways Code Section 8334 (a).
C. Instruct the Town Clerk to cause the Resolution vacating said Outer Highway to be recorded in the office of the County Recorder of the County of San Bernardino, pursuant to Section 8334 (a) of the Streets and Highways Code.
6.9 APPROVE AMENDMENT FOR A ROUNDABOUT AT YUCCA LOMA
ROAD AND RINCON ROAD
Approve an addendum to the existing Professional Services Agreement with Kimley-Horn and Associates, Inc. to include full design services for a roundabout at the intersection of Yucca Loma Road and Rincon Road for an added cost of $208,800.00. Approval is subject to review as to form by the Town Attorney and as to content by the Town Manager.
6.10 ACCEPTANCE OF WORK FOR THE VILLAGE NORTH SIDEWALK
IMPROVEMENTS PROJECT
That the Town Council:
A. Accept the work for the Village North Sidewalk Improvement Project No. 2024-03 as complete for a total cost of $1,965,549.23; B. Direct the Town Clerk to file the Notice of Completion with the San Bernardino County Recorder’s Office; and
C. Authorize the release of retained funds 30 days after the Notice of Completion has been recorded, provided no claims are filed against the project.
6.11 OPT INTO ADDITIONAL NATIONAL OPIOID SETTLEMENTS
TC MINUTES AUGUST 26, 2025
5 Authorize the Town Manager to opt into settlement agreement with opioid distributors, Purdue Pharma, L.P. and the Sackler Family, and direct the Town Manager to execute any documents necessary to implement the action
7. Public Hearings
8. Business of the Council
9. Reports, Requests and Communications
10. Town Manager’s Comments & Legislative Update
Doug Robertson, Town Manager, commented on activities and upcoming events in the Town of Apple Valley.
11. Closed Session
Motion by: Council Member Bishop
Seconded by: Mayor Pro Tem Emick
To Adjourn the regular meeting to move into Closed Session at 7:15 p.m. to discuss the following:
Yes (5): Mayor Nassif, Mayor Pro Tem Emick, Council Member Bishop, Council Member Cusack, and Council Member Leon
Carried (5 to 0)
11.1 CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9
Town of Apple Valley vs. Apple Valley Ranchos Water Company Et Al., Case No.: CIVDS1600180; Town of Apple Valley vs. Apple Valley Ranchos Water Company, et al., Court of Appeal Case No. E078348; and Town of Apple Valley v. Apple Valley Ranchos Water et al., California Supreme Court Case No. S289391.
B. PUBLIC EMPLOYEE APPOINTMENT
Title: Town Manager (Process)
C. CONFERENCE WITH LABOR NEGOTIATORS
TC MINUTES AUGUST 26, 2025
6 Agency designated representatives: Mayor, Town Attorney, or designee Unrepresented employee: Town Manager
Upon returning from Closed Session at 9:06 p.m., Mayor Nassif announced that there was no reportable action taken.
12. Adjournment
Motion by: Council Member Bishop
Seconded by: Mayor Pro Tem Emick
To adjourn the meeting of the Apple Valley Town Council at 9:07 p.m.
Unanimously Carried
________________________________
Scott Nassif, Mayor
________________________________
La Vonda M-Pearson, Town Clerk
Apple Valley Special Council
MINUTES
September 15, 2025, 8:00 a.m.
Council Chamber
Members Present: Mayor Scott Nassif
Mayor Pro Tem Curt Emick
Council Member Art Bishop
Council Member Kari Leon
Absent: Council Member Cusack (arrived at 2:00 p.m.)
_____________________________________________________________________
1. Call To Order
Mayor Nassif called to order the Special Meeting of the Apple Valley Town Council at 8:10 a.m.
2. Public Comments
None
3. Closed Session
Motion by: Council Member Bishop
Seconded by: Council Member Leon
To adjourn to Closed Session at 8:11 a.m. to discuss the following:
1. Public Employee Appointment
Title: Town Manager
Upon returning from Closed Session at 5:14 p.m., Mayor Nassif announced that during Closed Session, the Town Council unanimously took action to establish an Ad Hoc Committee nominating Mayor Nassif and Council Member Cusack to serve on the ad hoc committee to conduct further review of the public employee appointment process.
SP TC MINUTES SEPTEMBER 15, 2025
2 4. Adjournment
To adjourn the Special Meeting of the Apple Valley Town Council at 5:15 p.m.
Scott Nassif, Mayor La Vonda M-Pearson, Town Clerk
Town Council Agenda Report
Date: September 23, 2025
To: Honorable Mayor and Town Council
Subject: AUGUST 2025 COMMERCIAL WARRANTS AND WIRE TRANSFER
SCHEDULES
From: Douglas Robertson, Town Manager
Submitted by: Adam Cripps, Interim Assistant Director of Finance Finance Department
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.
SUMMARY
Commercial warrants were issued from August 1 through August 31, 2025, in the amount of $6,696,935.86 covering issued warrant #’s 174929 – 175289. Electronic Fund Transfers were issued August 1 through August 31, 2025, in the amount $1,927,004.92.
Also, wire transfers were made from August 1 through August 31, 2025, in the amount of $1,481,373.00.
The claims and/or demands covered by the attached list of warrants and wire transfers were audited as to the accuracy and availability of funds for payment thereof and said claims and/or demands are accurate and the funds were available for payment thereof.
BACKGROUND
Pursuant to the Town’s Municipal Code the attached demands were presented by the departments, audited by the Finance Department and subsequent warrants/wire transfers were issued. All were found to be in conformity to Town policies and procedures and funds were budgeted or available to pay said demands. List of commercial warrants and wire transfers are now being presented to Council for approval.
FISCAL IMPACT
361 Commercial Warrants were issued in the amount of $6,696,935.86 57 Electronic Fund Transfers were issued in the amount of $1,927,004.92 2 Wire Transfer payment was issued in the amount of $1,481,373.00
ATTACHMENTS
A. August Commercial Warrants
B. August Electronic Fund Transfers
C. August Wire Transfer Schedule
Check # Date Vendor Description Check Total
174929 08/07/2025 BENDER ROSENTHAL INC Yucca Loma Road Right of way Services 1,655.00 174930 08/07/2025 BOB MURRAY & ASSOCIATES Professional Services June 2025 7,695.00 174931 08/07/2025 COUNTY OF SAN BERNARDINO Department Radios and Maintenance - June 2025 3,568.64 174932 08/07/2025 FAUST MEDIA SERVICES, LLC 100 Brightline Inserts/ Flyers 167.01 174933 08/07/2025 HASA INC. Pool Chemicals 395.79
174934 08/07/2025 RSG, INC Real Estate Brokerage Services 1,212.50 174935 08/07/2025 SONSRAY MACHINERY LLC Forklift 295.28 174936 08/07/2025 TERRA NOVA PLANNING & RESEARCH Village SP Outreach 3,958.75 174937 08/07/2025 ALBERTSONS LLC Planning Commission Snacks 5.49 174938 08/07/2025 AMAZON CAPITAL SERVICES Planning office Supplies 176.64 174939 08/07/2025 BRIGHTVIEW LANDSCAPE SERVICES P-BID Extra work - irrigation failure 1,519.00 174940 08/07/2025 CHARTER COMMUNICATIONS INTERNET, PHONE, VIDEO JULY 2025 8,910.26 174941 08/07/2025 E-Z GO DIV. OF TEXTRON Golf Course Maintenance 1,678.53 174942 08/07/2025 EDISON COMPANY 06/26/25-07/28/25 337.16 174943 08/07/2025 FISH WINDOW CLEANING Golf Course Window Cleaning 30.00 174944 08/07/2025 OSBORNE PIPE & SUPPLY/G.A.// Grounds Maintenance 1,716.13 174945 08/07/2025 GARDA CL WEST, INC AUGUST SERVICES 1,821.83 174946 08/07/2025 GOLDEN STATE WATER COMPANY 06/26/25-07/23/25 7,400.76 174947 08/07/2025 GT GOLF HOLDINGS, INC Golf Resale Items 258.65 174948 08/07/2025 J&R TACOS CINCO DE MAYO VIP Night Food 1,131.00 174949 08/07/2025 JOHNSON CONTROLS HVAC Repair 6,737.36 174950 08/07/2025 KENTUCKY FRIED CHICKEN COUNCIL MEETING 332.73 174951 08/07/2025 KERN TURF SUPPLY INC. Golf Course Ground Maintenance 2,182.46 174952 08/07/2025 KONICA MINOLTA AS - COPIERS 899.12
174953 08/07/2025 KONICA MINOLTA PREMIER FINANCE C4080 BASE 7/13/2025-8/12/2025 925.47 174954 08/07/2025 LIBERTY UTILITIES CA 06/26/25-07/24/25 229.35 174955 08/07/2025 MARTIN, KENNETH Retiree Reimbursement 403.28 174956 08/07/2025 MILLER, LANCE Retiree Reimbursement 179.05 174957 08/07/2025 MOBILE OCCUPATIONAL SERVICES Occupational Testing 155.00 174958 08/07/2025 Rental Deposit Refund Rental Deposit Refund 500.00 174959 08/07/2025 Summer Day Camp Refund Summer Day Camp Refund 170.00 174960 08/07/2025 Rental Deposit Refund Rental Deposit Refund 500.00 174961 08/07/2025 QUADIENT LEASING USA, INC. PD LEASE 08/20/25-11/19/25 208.43 174962 08/07/2025 RMC CONSULTING INC. BLUEBEAM REVU ANNUAL RENEWAL 2,449.00 Town of Apple Valley
Commercial Warrants
Month of August 2025
Check # Date Vendor Description Check Total
174963 08/07/2025 SITEONE LANDSCAPE SUPPLY LLC Golf Course Herbicides 1,136.02 174964 08/07/2025 US AIR CONDITIONING HVAC Filters 545.22 174965 08/07/2025 VALLEYWIDE NEWSPAPERS LLC TPM20658 & SPR2022-010 693.00 174966 08/07/2025 VOYAGER JULY 2025 FUEL PURCHASES 18,235.75 174967 08/14/2025 ADVANTAGE COLORGRAPHICS "A Better Way to Play" Recreation Guide Brochure 11,558.80 174968 08/14/2025 B&H FOTO & ELECTRONICS CORP Singh Center Trusses 1,176.85 174969 08/14/2025 BLUESTAR PROPERTIES, INC 15524 TONEKAI RD. 167.21 174970 08/14/2025 CHARLES ABBOTT ASSOCIATES Engineering Services May 2025 142,865.50 174971 08/14/2025 CITY OF VICTORVILLE HOME reimbursement for SHRP 22/23 + 23/24 94,117.75 174972 08/14/2025 FEED MY SHEEP 4th Qtr Winco Groceries 4,732.66 174973 08/14/2025 FUN EXPRESS Day Camp 75.18
174974 08/14/2025 LIBERTY UTILITIES CA 04/24/25-06/20/25 126,295.07 174975 08/14/2025 MDG ASSOCIATES INC Commercial Rehab Program policies and procedures 16,000.00 174976 08/14/2025 MONTANO, NICOLE Employee Reimbursment 32.27 174977 08/14/2025 TRASH REFUND TRASH REFUND 12.97
174978 08/14/2025 TRASH REFUND TRASH REFUND 34.54
174979 08/14/2025 TRASH REFUND TRASH REFUND 988.63
174980 08/14/2025 TRASH REFUND TRASH REFUND 275.04
174981 08/14/2025 TRASH REFUND TRASH REFUND 22.37
174982 08/14/2025 TRASH REFUND TRASH REFUND 34.03
174983 08/14/2025 PARS JUNE FEES 597.70
174984 08/14/2025 RUTH AND NAOMI PROJECT INC. 4th Qtr Food Purchases at costco 2,584.38 174985 08/14/2025 THE GOODYEAR TIRE & RUBBER CO PD TIRES 122.41 174986 08/14/2025 ABF PRINTS, INC. REQUIRED MAILING 1,318.34 174987 08/14/2025 ACUSHNET COMPANY Golf Course Resale Items 2,174.55 174988 08/14/2025 ALBERTSONS LLC PC Snacks 15.08
174989 08/14/2025 ALL GOOD DRIVING SCHOOL, INC. Online Drivers Ed Instructor Pay 239.40 174990 08/14/2025 AMAZON CAPITAL SERVICES MISC STOCK AND SUPPLIES 4,493.13 174991 08/14/2025 ANIMAL CARE HOSPITAL S/N Services 75.00 174992 08/14/2025 ANIMAL HEALTH & SANITARY SUP. Shelter Supplies 1,993.54 174993 08/14/2025 APPLE VALLEY ANIMAL HOSPITAL S/N Services 75.00 174994 08/14/2025 APPLE VALLEY COMMUNICATION INC REPLACE ALTRONIX POWER SUPPLY- PD 645.00 174995 08/14/2025 APPLE VALLEY FIRE PROTECTION Singh Ctr. Places of Assembly Permit 186.00 174996 08/14/2025 APPLE VALLEY PORTABLES Brewster Park-User Groups 2,900.11 174997 08/14/2025 A.V. TOWN & COUNTRY TIRE, INC. Facilities Vehicle #71 546.88 174998 08/14/2025 AVCOM SERVICES INC. TOAV ANSWERING SERVICE JULY 2025 427.00 174999 08/14/2025 BEAR VALLEY ANIMAL HOSPITAL Medical and Spay/Neuter Services 12,856.98 175000 08/14/2025 BECK OIL INC. GOlf Course Fuel 1,773.81 175001 08/14/2025 BENEFIT COORDINATORS CORPORATION JULY PREMIUMS 7,427.16
Check # Date Vendor Description Check Total
175002 08/14/2025 BIG SKY ELECTRIC, INC AD3-2 MCC Hour Meter Change Out 7,237.00 175003 08/14/2025 BLUETRITON BRANDS INC WATER 115.19
175004 08/14/2025 BOARDTRONICS, INC. Golf Course-Interface Board 34.87 175005 08/14/2025 BRIGHTVIEW LANDSCAPE SERVICES Landscape Maintenance - July 2025 22,587.64 175006 08/14/2025 BURRTEC WASTE IND, INC. Acc #22 7-31-25 66,621.26 175007 08/14/2025 BURRTEC WASTE INDUSTRIES, INC HHW Operations 3,353.51 175008 08/14/2025 CALLAWAY GOLF SALES CO. resale Items 882.50 175009 08/14/2025 CAPITAL ONE ASAP 287.97
175010 08/14/2025 TRASH REFUND TRASH REFUND 84.25
175011 08/14/2025 CLUB CADDIE HOLDINGS GMS BUNDLE AUG 2025 750.00 175012 08/14/2025 COUNTY OF SAN BERNARDINO County Recording 1,220.00 175013 08/14/2025 DESERT VALLEY MEDICAL GROUP Employment physicals and screening 88.00 175014 08/14/2025 DOKKEN ENGINEERING Bear Valley Bridge design services 13,073.06 175015 08/14/2025 EDISON COMPANY 06/25/25-07/27/25 919.70 175016 08/14/2025 FEDEX SHIPPING 19.08
175017 08/14/2025 FIDELITY SECURITY LIFE INS / AUGUST PREMIUMS 991.11 175018 08/14/2025 FOSTER JR, ANTONIO D Summer Youth Basketball Officials Payment 175.00 175019 08/14/2025 G.A. OSBORNE PIPE & SUPPLY Parks Maintenance Supplies 348.24 175020 08/14/2025 GEISEL, PATRICK Summer Youth Basketball Officials Payment 175.00 175021 08/14/2025 GEMINI TIMING RT-Racing Company 2,237.50 175022 08/14/2025 GEOTAB USA, INC. Fleet management - July 2025 1,029.35 175023 08/14/2025 GMS ELEVATOR SERVICES INC July-Monthly Service 140.00 175024 08/14/2025 GOLDSTREET DESIGN AGENCY, INC FOG Brochure 1,340.27 175025 08/14/2025 GRAINGER, INC. Safety supplies 3,720.84 175026 08/14/2025 GT GOLF HOLDINGS, INC Resale Items 205.38 175027 08/14/2025 HAAKER EQUIPMENT CO New Non-CDL Diesel Elgin Broom Street Sweeper 411,919.99 175028 08/14/2025 HARVEY, GREGORY Summer Youth Basketball Officials Payment 100.00 175029 08/14/2025 HESPERIA OUTDOOR POWER EQUIP Small Tool 32.32 175030 08/14/2025 HIGH DESERT JUNIOR GOLF ACADEMY Golf Lesson Instructor Pay 596.25 175031 08/14/2025 HOME DEPOT CREDIT SEVICES Equipment maintenance 265.42 175032 08/14/2025 IDEXX DISTRIBUTION, INC Test 766.75
175033 08/14/2025 IMPERIAL SPRINKLER SUPPLY Parks Maintenance 833.71 175034 08/14/2025 JULES & ASSOCIATES, INC. Vactor Impact Lease Payment 73,435.28 175035 08/14/2025 KONICA MINOLTA FLEET COPIERS - 7/23-8/22/25 4,602.05 175036 08/14/2025 KONICA MINOLTA BUSINESS C4080 USAGE 6/25/25-7/24/25 368.11 175037 08/14/2025 LIBERTY UTILITIES CA 06/26/25-07/24/25 2,191.51 175038 08/14/2025 LOWE'S (LAR) Shelter Supplies 852.52
175039 08/14/2025 LUPICA, CINDY Yoga Instructor Pay 393.60 175040 08/14/2025 MARIANA, KARA Employee Reimbursement work boots - K. Mariana 200.00
Check # Date Vendor Description Check Total
175041 08/14/2025 MAUNU, MARIO LAMAR KAHOOLII Pickleball Camp Instructor Pay 243.60 175042 08/14/2025 MOJAVE PAINT & BODY PD VEHICLE REPAIR 43.50 175043 08/14/2025 MORGAN, V. BRETT DOT Physical Exam & Class B CDL App/Testing 158.00 175044 08/14/2025 MUSICSTAR/CREATIVE BRAIN Creative Brain Class-Instructor Pay 1,103.20 175045 08/14/2025 MWI ANIMAL HEALTH Shelter Meds 4,391.91 175046 08/14/2025 MYONLINEBILL.COM JULY SERVICES 2,232.32 175047 08/14/2025 NAPA Vehicle Maint. 54.11
175048 08/14/2025 NEW YORK LIFE AUGUST PREMIUMS *REMITTER ID 988954670 528.07 175049 08/14/2025 NIX, PATRICIA Line Dancing Instructor Pay 324.80 175050 08/14/2025 S/N Refund S/N Refund 150.00
175051 08/14/2025 S/N Refund S/N Refund 75.00
175052 08/14/2025 TRASH REFUND TRASH REFUND 208.87
175053 08/14/2025 TRASH REFUND TRASH REFUND 38.78
175054 08/14/2025 S/N Refund S/N Refund 40.00
175055 08/14/2025 TRASH REFUND TRASH REFUND 147.54
175056 08/14/2025 S/N Refund S/N Refund 80.00
175057 08/14/2025 TRASH REFUND TRASH REFUND 14.58
175058 08/14/2025 S/N Refund S/N Refund 75.00
175059 08/14/2025 Ishmael Solomon Uniform Boots Reimbursement 200.00 175060 08/14/2025 TRASH REFUND TRASH REFUND 92.74
175061 08/14/2025 ASAP voucher ASAP voucher 60.00
175062 08/14/2025 TRASH REFUND TRASH REFUND 25.47
175063 08/14/2025 S/N Refund S/N Refund 75.00
175064 08/14/2025 Lindsey Brittain Petty Cash 320.00
175065 08/14/2025 TRASH REFUND TRASH REFUND 38.18
175066 08/14/2025 TRASH REFUND TRASH REFUND 118.44
175067 08/14/2025 TRASH REFUND TRASH REFUND 24.59
175068 08/14/2025 TRASH REFUND TRASH REFUND 70.82
175069 08/14/2025 S/N Refund S/N Refund 40.00
175070 08/14/2025 TRASH REFUND TRASH REFUND 134.59
175071 08/14/2025 TRASH REFUND TRASH REFUND 26.17
175072 08/14/2025 S/N Refund S/N Refund 445.00
175073 08/14/2025 TRASH REFUND TRASH REFUND 0.86
175074 08/14/2025 TRASH REFUND TRASH REFUND 96.46
175075 08/14/2025 S/N Refund S/N Refund 75.00
175076 08/14/2025 TRASH REFUND TRASH REFUND 48.42
175077 08/14/2025 PARKER, AARON Summer Youth Basketball Officials Payment 115.00 175078 08/14/2025 R&R PRODUCTS Golf Course Maintenance 243.55 175079 08/14/2025 SCMAF Contract Class Insurance- July 2025 725.00
Check # Date Vendor Description Check Total
175080 08/14/2025 SMART & FINAL ASAP Snacks 562.04
175081 08/14/2025 STILES ANIMAL REMOVAL, INC. Disposal Services 10,980.00 175082 08/14/2025 TABOR, KAYLEB Summer Youth Basketball Officials Payment 250.00 175083 08/14/2025 THE PUBLIC RESTROOM COMPANY Restroom for Captain Joseph McConnell Jr. USAF Par 175,499.00 175084 08/14/2025 TOWN OF APPLE VALLEY AUGUST TRASH AND SEWER SERVICE 2,898.77 175085 08/14/2025 TYLER TECHNOLOGIES INC PACE TRAINING/PASSES RENEWAL 8,111.25 175086 08/14/2025 UNDERGROUND SERVICE ALERT OF SO. CALIFORNIA Annual Regulatory Fees 1,895.07 175087 08/14/2025 US AIR CONDITIONING Belt for AC Unit 18.32 175088 08/14/2025 V.V.W.R.A. Final Sewer Permits - July 2025 20,074.05 175089 08/14/2025 VALLEYWIDE NEWSPAPERS LLC CUP2025-004 228.00 175090 08/14/2025 VARGAS, RICHARD Summer Youth Basketball Officials Payment 200.00 175091 08/14/2025 VELOCITY TRUCK CENTERS Vehicle 80 1,229.96 175092 08/14/2025 VERIZON WIRELESS CELL PHONES/TABLETS FOR 6/24-7/23 3,922.45 175093 08/14/2025 WAXIE SANITARY SUPPLY Cleaning Supplies 1,546.01 175094 08/20/2025 LIBERTY UTILITIES McConnell Park-Fire Hydrant & Water Meter Install 105,471.97 175095 08/21/2025 HDL SOFTWARE LLC JUNE BL SERVICES 311.01 175096 08/21/2025 MOJAVE DESERT & MOUNTAIN MRF Revenue/Expense 61,537.18 175097 08/21/2025 ABF PRINTS, INC. REQUIRED MAILING 2,227.24 175098 08/21/2025 AMAZON CAPITAL SERVICES Office supplies 543.26 175099 08/21/2025 AMERICAN COMPUTER SERVICE STATEMENTS/POSTAGE 14,345.37 175100 08/21/2025 ANIMAL CARE HOSPITAL S/N Services 75.00 175101 08/21/2025 APEX RENTALS James Woody Ball Fields 759.00 175102 08/21/2025 APPLE VALLEY ANIMAL HOSPITAL S/N Services 145.00 175103 08/21/2025 APPLE VALLEY GLASS Replace damaged glass in 2 Bus Ad doors 2nd set 1,292.00 175104 08/21/2025 A.V. TOWN & COUNTRY TIRE, INC. Tire Repair 513.54 175105 08/21/2025 BATTERY MART Maintenance Vehicle 121 239.06 175106 08/21/2025 BEAR VALLEY ANIMAL HOSPITAL S/N Services & Medical 4,500.31 175107 08/21/2025 BOB MURRAY & ASSOCIATES Professional Services- Executive Search 5,140.10 175108 08/21/2025 CAR WASH PARTNERS, LLC JULY WASH SERVICES 577.50 175109 08/21/2025 CAT TRACKING, INC Street Striping maintenance 18 miles of road way 194,767.06 175110 08/21/2025 CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC. Singh Center Lights 81.02 175111 08/21/2025 COLLICUTT ENERGY SERVICES, INC Generator Servicing 3,378.68 175112 08/21/2025 COUNTY OF SAN BERNARDINO Horseman Center Permit Fees 1,353.00 175113 08/21/2025 DUNN EDWARDS CORPORATION Amphitheatre Paint 121.26 175114 08/21/2025 EDISON COMPANY 07/08/25-08/05/25 101,109.59 175115 08/21/2025 FAUST MEDIA SERVICES, LLC BRIGHTLINE BROCHURES 168.57 175116 08/21/2025 FEDEX SHIPPING 74.53
175117 08/21/2025 FENCE GUYS INC Repair Item , iron metal with mesh 1,680.00 175118 08/21/2025 FISH WINDOW CLEANING Golf Course Window Service 75.00
Check # Date Vendor Description Check Total
175119 08/21/2025 FRONTIER COMMUNICATIONS VIDEO, PHONE AND BACK UP INTERNET 08.2025 3,719.09 175120 08/21/2025 G.A. OSBORNE PIPE & SUPPLY Parks Supplies 677.91 175121 08/21/2025 GRAINGER, INC. Safety Glasses 209.62
175122 08/21/2025 HASA INC. Pool Chemicals 4,006.32
175123 08/21/2025 HESPERIA HOSE SUPPLY Parks Supplies 492.43 175124 08/21/2025 HESPERIA OUTDOOR POWER EQUIP Small tools 88.33 175125 08/21/2025 HIGH DESERT LASER GRAPHICS METAL ENGRAVED BADGE 11.42 175126 08/21/2025 HOME DEPOT CREDIT SEVICES Singh Center Repairs 975.25 175127 08/21/2025 HOME DEPOT CREDIT SEVICES Supplies for maintenance 202.84 175128 08/21/2025 IMPERIAL SPRINKLER SUPPLY James Woody 278.94 175129 08/21/2025 INNOVATIVE EMERGENCY EQUIPMENT REMOVAL AND REINSTALLATION OF RADAR 1,136.44 175130 08/21/2025 JI VEL RELIEF SERVICES VETERINARY CORPORATION Supervising Vet servicea 3,200.00 175131 08/21/2025 KELLEYS UNDERGROUND CONST. INC Mendel-Repair above ground leak 19,988.60 175132 08/21/2025 KIMBALL MIDWEST glasses 108.58
175133 08/21/2025 LIBERTY UTILITIES CA 06/04/25-08/05/25 61,264.64 175134 08/21/2025 LOGICALIS CISCO SMART NET RENEWAL 36,784.96 175135 08/21/2025 LOWE'S (LAR) TH LED Lights 1,737.36
175136 08/21/2025 MATRIX AUDIO VISUAL DESIGNS JAMES WOODY SURVEILLANCE CAMERAS AND EQUIPMENT RAC
20,105.41
175137 08/21/2025 MOJAVE PAINT & BODY Vehicle 99 432.73 175138 08/21/2025 MWI ANIMAL HEALTH Shelter supplies/Meds 4,210.32 175139 08/21/2025 NAPA Lift station repairs 324.01
175140 08/21/2025 O'REILLY AUTO PARTS Fuses for Dishwasher 10.85 175141 08/21/2025 S/N Refund S/N Refund 150.00
175142 08/21/2025 NEM CASH OUT NEM CASH OUT 124.31
175143 08/21/2025 ASAP refund ASAP refund 60.00
175144 08/21/2025 REFUND FOR PMI OVERPAYMENT REFUND FOR PMI OVERPAYMENT 105.00 175145 08/21/2025 S/N Refund S/N Refund 40.00
175146 08/21/2025 RIGHT OF WAY, INC PD SIGNS 176.18
175147 08/21/2025 RIVERA EQUIPMENT PW Drinking Fountain Install 3,200.00 175148 08/21/2025 SALES AND DISTRIBUTION SERVICES, INC. Asphalt tampers for pothole truck & trailer 708.58 175149 08/21/2025 SMART & FINAL ASAP 699.41
175150 08/21/2025 SOUTHWEST GAS CORPORATION 07/09/25-08/06/25 3,657.00 175151 08/21/2025 TEXAS LIFE INSURANCE CO. AUGUST PREMIUMS - CORRECTED 1,235.10 175152 08/21/2025 THE ECOHERO SHOW LLC Ecohero Show 1,440.00 175153 08/21/2025 TOWN OF APPLE VALLEY AUGUST TRASH AND SEWER SERVICE 1,053.08 175154 08/21/2025 US AIR CONDITIONING AVAS Filters 817.50 175155 08/21/2025 V.V.W.R.A. Sewage Treatment - July 2025 465,328.99 175156 08/21/2025 WANG, YIJIA JULY SERVICES 9,025.00
Check # Date Vendor Description Check Total
175157 08/21/2025 WAXIE SANITARY SUPPLY JW Facilities Supplies 3,383.14 175158 08/21/2025 WILLDAN FINANCIAL SERVICES FEE STUDY 3,192.00 175159 08/21/2025 WINSUPPLY Drain Auger Parts 219.63
175160 08/21/2025 WPONCALL WEBSITE MAINTENANCE 300.00
175161 08/21/2025 YUCCA CRANE Crane Rental with Operator 1,200.00 175162 08/21/2025 ZAP MANUFACTURING Purchase of refurbished Traffic& Street Name signs 2,574.75 175163 08/21/2025 ZERO WASTE USA Dog Station Supplies 1,031.77 175164 08/27/2025 ACUSHNET COMPANY Resale Items 14.59
175165 08/27/2025 AMAZON CAPITAL SERVICES Department Supplies 496.83 175166 08/27/2025 APPLE VALLEY GLASS 2 Bus stop boards 1,292.00 175167 08/27/2025 APPLE VALLEY PORTABLES Flea Market Port-a-pots 265.01 175168 08/27/2025 A.V. TOWN & COUNTRY TIRE, INC. Tires 546.09 175169 08/27/2025 APPLE VALLEY UNIFIED SCHOOL DISTRICT FINES AND FORFEITURES MAY/JUNE 2025 378.54 175170 08/27/2025 ASCAP late fee 10.53
175171 08/27/2025 BEAR VALLEY ANIMAL HOSPITAL S/N Services 3,375.28 175172 08/27/2025 BIG SKY ELECTRIC, INC VFD Troubleshoot 3,313.00 175173 08/27/2025 BOB MURRAY & ASSOCIATES Professional Services Executive search 6,500.00 175174 08/27/2025 BUCKHAVE, STEVEN CIC 9.4.25-Mojave Yacht Club 550.00 175175 08/27/2025 CALLAWAY GOLF SALES CO. Resale Items 278.40 175176 08/27/2025 CAPITAL ONE ASAP Supplies 20.36
175177 08/27/2025 CHARTER COMMUNICATIONS INTERNET, PHONE, VIDEO AUG 2025 8,974.91 175178 08/27/2025 COUNTY OF SAN BERNARDINO Acc 1046 7-1-25 to 8-15-25 135,172.83 175179 08/27/2025 CULLIGAN BOTTLED WATER Water Service 136.57 175180 08/27/2025 DOKKEN ENGINEERING Bear Valley Bridge design services 8,291.14 175181 08/27/2025 DUNN EDWARDS CORPORATION Paint-Vintage Vogue 83.16 175182 08/27/2025 EDISON COMPANY 07/09/25-08/06/25 385.34 175183 08/27/2025 EQUIPMENTSHARE.COM INC Light Towers Final Invoice 293.08 175184 08/27/2025 FAUST MEDIA SERVICES, LLC Stress Ball Pop Fidget 1,229.72 175185 08/27/2025 FLAMINO, THOMAS A CIC 9.11.25-Remember Then Band 600.00 175186 08/27/2025 GMS ELEVATOR SERVICES INC Monthly Elevator Service 140.00 175187 08/27/2025 GOGOVAPPS, INC REVENUE EXPERTS ANNUAL RENEWAL 1,428.00 175188 08/27/2025 GT GOLF HOLDINGS, INC Resale Items 162.45 175189 08/27/2025 IMPERIAL SPRINKLER SUPPLY Park Maintenance 173.78 175190 08/27/2025 INTERVET, INC. Microchips 1,359.38
175191 08/27/2025 KAM SOFTWARE TECHNOLOGIES CROSSROADS TRAFFIC COLISION SOFTWARE RENEWAL 900.00 175192 08/27/2025 KIMBALL MIDWEST Screws, towels, gloves, glasses 469.53 175193 08/27/2025 KONICA MINOLTA PREMIER FINANCE KONICA BASE 8/13/2025-9/12/2025 925.47 175194 08/27/2025 LEVERAGE ROOFING LLC RRLP C25-05 20,241.00 175195 08/27/2025 LIBERTY UTILITIES CA 06/17/25-08/15/25 1,418.30
Check # Date Vendor Description Check Total
175196 08/27/2025 LOGICALIS WASABI ANNUAL RENEWAL 22,769.48 175197 08/27/2025 LOWE'S (LAR) Facilities Fans 1,067.53 175198 08/27/2025 MINISZEWSKI, TASHINA Request for reimbursement of education expenses 255.66 175199 08/27/2025 MWI ANIMAL HEALTH Shelter Meds 1,433.73 175200 08/27/2025 NAPA TOOLS FOR REMOVAL OF LOGO ON IT VAN 284.26 175201 08/27/2025 NIEMELA PAPPAS & ASSOCIATES FY 2026 State Advocacy Services-Aug 2025 6,000.00 175202 08/27/2025 PROPERTY DAMAGE CLAIM SETTLEMENT PROPERTY DAMAGE CLAIM SETTLEMENT 874.41 175203 08/27/2025 Medical Treatment Reimbursement Medical Treatment Reimbursement 400.00 175204 08/27/2025 Sewer Improvement Reimbursement Agreement Sewer Improvement Reimbursement Agreement 156,915.00 175205 08/27/2025 Lap Swim Refund Lap Swim Refund 48.00 175206 08/27/2025 Rental Deposit Refund Rental Deposit Refund 500.00 175207 08/27/2025 PARKER, AARON Adult Volleyball Official Pay 75.00 175208 08/27/2025 PETERSEN, KRYSTA Adult Volleyball Official Pay 150.00 175209 08/27/2025 PNC EQUIPMENT FINANCE Leased Equipment 10,529.35 175210 08/27/2025 PRECISION LOCK & SAFE Keys Made 74.71 175211 08/27/2025 PUKKA LLC Resale Items 520.84
175212 08/27/2025 R&R PRODUCTS Golf Course Maintenance Supplies 199.98 175213 08/27/2025 SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT AUGUST LAW ENFORCEMENT SERVICES 3,672,496.93 175214 08/27/2025 SAN BERNARDINO FIRE PROT. DIST Golf Course CUPA Permit 614.00 175215 08/27/2025 SHERWIN WILLIAMS Paint: All Parks 436.78 175216 08/27/2025 SMART & FINAL ASAP Snacks 519.35
175217 08/27/2025 SOLID WASTE ASSOCIATION OF NORTH AMERICA, INC. onDemand Zero Waste Principals 793.00 175218 08/27/2025 SPLATTERED INK, LLC Uniforms 205.80
175219 08/27/2025 STERICYCLE PD REGULAR SERVICE/OFF-SITE 165.66 175220 08/27/2025 TEXTRON E-Z-GO LLC Maintenance 1,040.50 175221 08/27/2025 THAT 80S BAND CIC 9.18.25-Lenor & That 80s Band 500.00 175222 08/27/2025 THE MODD RODDS CIC 9.25.25-The Modd Rodds 200.00 175223 08/27/2025 TYLER TECHNOLOGIES INC CUSTOM PR PAY ADVICE 6,200.00 175224 08/27/2025 U.S. BANK CORP. PMT SYSTEM AUGUST CALCARD 49,323.68 175225 08/27/2025 VICTOR VALLEY COLLEGE 25-26 PRESIDENT CIRCLE MEMBERSHIP 1,000.00 175226 08/27/2025 WAXIE SANITARY SUPPLY Shelter Cleaning Supplies 620.66 175227 08/27/2025 WILBUR-ELLIS COMPANY LLC Parks Maintenance 1,055.69 175228 08/27/2025 WILLDAN FINANCIAL SERVICES FEE STUDY 5,935.00 175229 08/27/2025 NEM CASH OUT NEM CASH OUT 245.43
175230 08/27/2025 NEM CASH OUT NEM CASH OUT 230.61
175231 08/27/2025 NEM CASH OUT NEM CASH OUT 430.53
175232 08/27/2025 NEM CASH OUT NEM CASH OUT 613.20
175233 08/27/2025 NEM CASH OUT NEM CASH OUT 192.59
Check # Date Vendor Description Check Total
175234 08/27/2025 NEM CASH OUT NEM CASH OUT 340.97
175235 08/27/2025 NEM CASH OUT NEM CASH OUT 11.70
175236 08/27/2025 NEM CASH OUT NEM CASH OUT 316.08
175237 08/27/2025 NEM CASH OUT NEM CASH OUT 24.53
175238 08/27/2025 NEM CASH OUT NEM CASH OUT 96.95
175239 08/27/2025 NEM CASH OUT NEM CASH OUT 83.86
175240 08/27/2025 NEM CASH OUT NEM CASH OUT 60.45
175241 08/27/2025 NEM CASH OUT NEM CASH OUT 33.49
175242 08/27/2025 NEM CASH OUT NEM CASH OUT 424.86
175243 08/27/2025 NEM CASH OUT NEM CASH OUT 128.27
175244 08/27/2025 NEM CASH OUT NEM CASH OUT 115.91
175245 08/27/2025 NEM CASH OUT NEM CASH OUT 27.84
175246 08/27/2025 NEM CASH OUT NEM CASH OUT 145.50
175247 08/27/2025 NEM CASH OUT NEM CASH OUT 54.73
175248 08/27/2025 NEM CASH OUT NEM CASH OUT 5.66
175249 08/27/2025 NEM CASH OUT NEM CASH OUT 68.95
175250 08/27/2025 NEM CASH OUT NEM CASH OUT 21.73
175251 08/27/2025 NEM CASH OUT NEM CASH OUT 54.78
175252 08/27/2025 NEM CASH OUT NEM CASH OUT 336.91
175253 08/27/2025 NEM CASH OUT NEM CASH OUT 17.60
175254 08/27/2025 NEM CASH OUT NEM CASH OUT 676.15
175255 08/27/2025 NEM CASH OUT NEM CASH OUT 12.13
175256 08/27/2025 NEM CASH OUT NEM CASH OUT 51.79
175257 08/27/2025 NEM CASH OUT NEM CASH OUT 371.51
175258 08/27/2025 NEM CASH OUT NEM CASH OUT 521.66
175259 08/27/2025 NEM CASH OUT NEM CASH OUT 192.41
175260 08/27/2025 NEM CASH OUT NEM CASH OUT 62.40
175261 08/27/2025 NEM CASH OUT NEM CASH OUT 14.70
175262 08/27/2025 NEM CASH OUT NEM CASH OUT 7.62
175263 08/27/2025 NEM CASH OUT NEM CASH OUT 49.73
175264 08/27/2025 NEM CASH OUT NEM CASH OUT 17.25
175265 08/27/2025 NEM CASH OUT NEM CASH OUT 252.37
175266 08/27/2025 NEM CASH OUT NEM CASH OUT 59.93
175267 08/27/2025 NEM CASH OUT NEM CASH OUT 1.20
175268 08/27/2025 NEM CASH OUT NEM CASH OUT 215.07
175269 08/27/2025 NEM CASH OUT NEM CASH OUT 5.93
175270 08/27/2025 NEM CASH OUT NEM CASH OUT 25.37
175271 08/27/2025 NEM CASH OUT NEM CASH OUT 283.23
175272 08/27/2025 NEM CASH OUT NEM CASH OUT 485.69
Check # Date Vendor Description Check Total
175273 08/27/2025 NEM CASH OUT NEM CASH OUT 247.77
175274 08/27/2025 NEM CASH OUT NEM CASH OUT 152.26
175275 08/27/2025 NEM CASH OUT NEM CASH OUT 152.26
175276 08/27/2025 NEM CASH OUT NEM CASH OUT 152.26
175277 08/27/2025 NEM CASH OUT NEM CASH OUT 255.60
175278 08/27/2025 NEM CASH OUT NEM CASH OUT 2.58
175279 08/27/2025 NEM CASH OUT NEM CASH OUT 32.81
175280 08/27/2025 NEM CASH OUT NEM CASH OUT 308.50
175281 08/27/2025 NEM CASH OUT NEM CASH OUT 166.64
175282 08/27/2025 NEM CASH OUT NEM CASH OUT 647.31
175283 08/27/2025 NEM CASH OUT NEM CASH OUT 95.00
175284 08/27/2025 NEM CASH OUT NEM CASH OUT 83.69
175285 08/27/2025 NEM CASH OUT NEM CASH OUT 476.58
175286 08/27/2025 NEM CASH OUT NEM CASH OUT 23.24
175287 08/27/2025 NEM CASH OUT NEM CASH OUT 124.14
175288 08/27/2025 NEM CASH OUT NEM CASH OUT 8.34
175289 08/27/2025 NEM CASH OUT NEM CASH OUT 64.86
361 Checks Total amount of checks: 6,696,935.86
Check # Date Vendor Description Check Total
956 08/01/2025 B B & K 28314 Retainer April 2025 69,479.36 957 08/01/2025 CHIVARI, LLC Singh Center- tables and chairs 13,520.52 958 08/01/2025 CDW GOVERNMENT, INC. PLOTTER INK - DSB 1,121.88 959 08/01/2025 DEAN HOWARD HEAT & AIR INC. P.W HVAC Repairs 1,200.00 960 08/01/2025 PRUDENTIAL OVERALL SUPPLY Uniform Services - PW 1,132.17 961 08/01/2025 VULCAN MATERIALS Cold mix 1,148.21
962 08/08/2025 CADY, MICHAEL Retiree Reimbursement 379.97 963 08/08/2025 CRON, DENNIS Retiree Reimbursement 451.70 964 08/08/2025 CUPP, PAMELA Retiree Reimbursement 1,270.36 965 08/08/2025 HARROWER, KATHY Retiree Reimbursement 619.60 966 08/08/2025 KELLEY, KAREN Retiree Reimbursement 619.60 967 08/08/2025 KTUA Town Wide Complete Streets Action Plan (SS4A) 10,187.90 968 08/08/2025 LAMSON, LORI Retiree Reimbursement 1,443.99 969 08/08/2025 MCKEON, TOM Retiree Reimbursement 203.99 970 08/08/2025 MILLER, CAROL Retiree Reimbursement 478.29 971 08/08/2025 MOLINARI, MICHAEL Retiree Reimbursement 800.00 972 08/08/2025 ODP BUSINESS SOLUTIONS, LLC DSB Work Center Copier Paper 376.44 973 08/08/2025 PRUDENTIAL OVERALL SUPPLY Uniforms-Golf 447.24 974 08/08/2025 SCHMACHTENBERGER, KATHERINE M Retiree Reimbursement 575.82 975 08/08/2025 SIMMONS, DAWN Retiree Reimbursement 631.31 976 08/08/2025 SMITH, DONA Retiree Reimbursement 619.60 977 08/08/2025 SMITH, KEVIN Retiree Reimbursement 428.99 978 08/08/2025 SULZBERGER, DIANNE Retiree Reimbursement 619.60 979 08/08/2025 WHITESIDE, GINA M Retiree Reimbursement 1,650.80 980 08/08/2025 WRIGHT, DARRYL Retiree Reimbursement 841.35 981 08/15/2025 B B & K 28314 Retainer May 2025 64,936.81 982 08/15/2025 J. ALLISON CONSTRUCTION Final Payment - Temple Retention 2,143.50 983 08/15/2025 B B & K 28314 Retainer June 2025 64,896.77 984 08/15/2025 BATTISTA, RICHARD Graffiti Removal 1,425.00 Town of Apple Valley
Month of August 2025
Electronic Fund Transfers
Check # Date Vendor Description Check Total
985 08/15/2025 BURRTEC WASTE INDUSTRIES INC A1 A2 AS AC AM AR CC 824,573.84 986 08/15/2025 GREINES, MARTIN, STEIN & RICHLAND LLP TOAV v. AV RANCHOS WATER CORP. 23,361.00 987 08/15/2025 INTERWEST CONSULTING GROUP INC SPA2023-001 & SPR2022-003/ Lake Creek Industrial 12,611.25 988 08/15/2025 MOCHARNUK, BILL Tennis Class Instructor Pay 431.20 989 08/15/2025 MURO, MARIA Zumba Class 2,684.40
990 08/15/2025 ODP BUSINESS SOLUTIONS, LLC TH WORK CENTER/FINANCE SUPPLIES 795.41 991 08/15/2025 PRUDENTIAL OVERALL SUPPLY Uniform-Golf 1,487.62 992 08/15/2025 QUADIENT FINANCE USA, INC POSTAGE 2,300.04 993 08/15/2025 RICHLING, HAILEY Tap & Ballet Class Instructor Pay 835.20 994 08/15/2025 TYPE-SET-GO Embroidery 152.25
995 08/15/2025 URMSTON, CHRIS Tai Chi Instrutor Pay 754.95 996 08/15/2025 VULCAN MATERIALS Cold mix 958.77
997 08/21/2025 MATRIX AUDIO VISUAL DESIGNS EOC INTERACTIVE DISPLAYS 8,363.86 998 08/22/2025 KNC CONSTRUCTION Village North Sidewalk Improvement Project 501,422.27 999 08/22/2025 BATTISTA, RICHARD Graffiti Removal 1,523.40 1000 08/22/2025 CAPCHASE INC. BARRACUDA PREMIUM PLUS EMAIL PROTECTION 17,443.20 1001 08/22/2025 FLYERS ENERGY, LLC PD FUEL 69.34
1002 08/22/2025 ODP BUSINESS SOLUTIONS, LLC TH WORK CENTER/FINANCE SUPPLIES 486.97 1003 08/22/2025 PRUDENTIAL OVERALL SUPPLY Uniforms-Facilities 1,036.84 1004 08/22/2025 QUADIENT FINANCE USA, INC PD POSTAGE 220.49 1005 08/22/2025 SOUTHERN CALIFORNIA EDISON 04/01/25-04/30/25 196,052.48 1006 08/22/2025 TYPE-SET-GO Door Hanger 320.81
1007 08/22/2025 VULCAN MATERIALS Cold mix 1,349.20
1008 08/29/2025 JOHNSON, CHRISTOPHER MILEAGE REIM FOR MISAC NEWPORT BEACH AUG 2025 126.70 1009 08/29/2025 MATRIX AUDIO VISUAL DESIGNS AUDIO VISUAL EXTENDED SERVICE CONTRACT YEAR 2 80,387.75 1010 08/29/2025 PRUDENTIAL OVERALL SUPPLY Uniforms-Golf 466.31 1011 08/29/2025 TYPE-SET-GO 2025 Fall Volleyball Jerseys & Coaches Shirts 2,248.95 1012 08/29/2025 VULCAN MATERIALS Cold mix 889.65
57 EFT'S Total amount of EFT's: $1,927,004.92
Wire Reference Date Beneficiary Name Description Wire Total 250825B02JJ9 8/25/2025 U.S. Bank Trust N.A. 2021 Lease Revenue Bond $ 530,628.00 250826B02060 8/26/2025 CapitalOne Public Financing Conference Center and Dev Svcs Building Lease $ 950,745.00 $1,481,373.00
TOWN OF APPLE VALLEY
WIRE TRANSFERS
MONTH OF AUGUST 2025
Town Council Agenda Report
Date: September 23, 2025
To: Honorable Mayor and Town Council
Subject: AUGUST 2025 PAYROLL/BENEFITS WARRANTS SCHEDULE From: Douglas Robertson, Town Manager
Submitted by: Adam Cripps, Interim Assistant Director of Finance Finance Department
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That the Town Council receive, ratify and file the payroll/benefits warrants as presented.
BACKGROUND
Per Section 3.16.040 through 3.18.030 of the Town of Apple Valley Municipal Code, except for tort claims, every claim and demand received against the Town shall be presented to, approved in writing by the receiving department or office, certified to the delivery or rendition of the supplies, materials, property or service for which payment is claimed, and that the quality and prices correspond with the original specifications and contracts.
SUMMARY
Pursuant to the Town’s Municipal Code, the register of demands shall be presented to the Town Council at the next regular meeting thereof after preparation. The Town Council may approve, conditionally or partially approve or reject such register of demands and in connection therewith consider the recommendations of the Town Manager and Director of Finance. Further, the State Government Code provides that Staff may process and pay prior to ratification by the Town Council, demands properly made in the ordinary course of business, the just obligations of the Town, such as routine salaries and wages, and other like expenditures for which there is an express budget appropriation, and in connection with which there is no dispute as to the obligation and amount being payable.
The Payroll / Benefits warrants issued from August 1 through August 31, 2025, in the amount of $1,733,843.42 net of voids, covering issued warrant #s 72275-72323 and direct deposit advice #s 1004042-1004890 are herewith submitted for approval.
FISCAL IMPACT
DATE TOTAL
08/01/2025 $626,282.13
08/15/2025 $575,625.22
08/29/2025 $531,936.07
TOTAL: $1,733,843.42
The payroll and benefit warrants issued, covering warrant #s 72275-72323 and direct deposit advice #s 1004042-1004890 inclusive, totaled $1,733,843.42. Sufficient funding is appropriated and available in such amounts necessary to cover the demands included herein.
Town Council Agenda Report
Date: September 23, 2025
To: Honorable Mayor and Town Council
Subject: APPROVE FINAL PARCEL MAP 20971
From: Douglas Robertson, Town Manager
Submitted by: Richard Pedersen, Town Engineer
Engineering Division
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Move to accept the final map Parcel Map No. 20971
BACKGROUND
The Town of Apple Valley received a request from Mr. Craig Baker to subdivide approximately 10 acres into two (2), 5-acre parcels (3.97 net acres). The proposed lots are located at the northwest corner of Ramona Avenue, a dirt road, and Joshua Road, a paved road. Because the 2-lot subdivision is east of Navajo Road, street pavement for Ramona Avenue on the south, Potomac Road on the west and Hupa Road on the north is not required per Development Code Section 9.71.080 B.4.
FISCAL IMPACT
The applicant has paid all required application and plan check fees.
ATTACHMENTS
A Location Map
B Parcel Map 20971
LOCATION MAP
THE SIGNATURES OF THE FOLLOWING PARTIES BEING THE OWNERS OF EASEMENTS FOR THE NATURE AS DENOTED BELOW AND DISCLOSED BY THOSE DOCUMENTS RECORDED IN OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, HAVE BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436 OF THE SUBDIVISION MAP ACT. THEIR INTEREST CANNOT RIPEN INTO A FEE: THE UNITED STATES OF AMERICA, THE OWNERS OF A RESERVATION FOR VESTED AND ACCRUED WATER RIGHTS FOR MINING, AGRICULTURAL, MANUFACTURING, OR OTHER PURPOSES AND RIGHTS TO DITCHES AND RESERVOIRS USED IN CONNECTION WITH SUCH WATER RIGHTS, AS MAY BE RECOGNIZED AND ACKNOWLEDGED BY THE LOCAL CUSTOMS, LAWS AND DECISIONS OF THE COURTS, AND THE RESERVATION FROM THE LANDS HEREBY GRANTED, A RIGHT OF WAY THEREON FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES PER PATENT NO. 427110 APPLE VALLEY RANCHOS, INC. OWNERS OF AN EASEMENT FOR HIGHWAY AND INCIDENTAL PURPOSES PER BOOK 2317, PAGE 296, OFFICIAL RECORDS, PLOTTED HEREON. I HEREBY CERTIFY THAT A BOND IN THE SUM OF $ HAS BEEN EXECUTED AND FILED WITH THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, CONDITIONED UPON THE PAYMENT OF ALL TAXES, STATE, COUNTY, MUNICIPAL, OR LOCAL, AND ALL SPECIAL ASSESSMENTS, COLLECTED AS TAXES, WHICH AT THE TIME OF THE FILING OF THIS MAP WITH SAN BERNARDINO COUNTY ASSESSOR-RECORDER-COUNTY CLERK, ARE A LIEN AGAINST SAID PROPERTY, BUT NOT YET PAYABLE AND THAT THE SUBDIVIDER HAS FILED WITH ME A CERTIFICATE BY THE PROPER OFFICER GIVING HIS ESTIMATE OF THE AMOUNT OF SAID TAXES AND SPECIAL ASSESSMENTS, AND SAID BOND IS HEREBY ACCEPTED. DATE: LYNNA MONELL, CLERK OF THE BOARD OF SUPERVISORS SAN BERNARDINO COUNTY BY: , DEPUTY I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THE OFFICE AS OF THIS DATE, THERE ARE NO LIENS AGAINST THE REAL PROPERTY SHOWN UPON THIS MAP FOR UNPAID STATE, COUNTY, MUNICIPAL, LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS NOT YET PAYABLE, ESTIMATED TO BE $ . DATE: ENSEN MASON AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR SAN BERNARDINO COUNTY BY: , DEPUTY THIS MAP HAS BEEN FILED UNDER DOCUMENT NUMBER , THIS DAY OF , 20 , AT .M. IN BOOK OF PARCEL MAPS AT PAGES , AT THE REQUEST OF , IN THE AMOUNT OF $ . CHRIS WILHITE ASSESSOR-RECORDER SAN BERNARDINO COUNTY BY: DEPUTY RECORDER I HEREBY STATE THAT I HAVE EXAMINED THE ENTITLED PARCEL MAP N
SUBDIVISION IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TE
MAP, IF ANY, AND ANY APPROVED ALTERATIONS THEREOF, THAT ALL PR
SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA AND OF ANY LOCA
APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE PARCEL M HAVE BEEN COMPLIED WITH. DATE: RICHARD H. PEDERSEN, R.C.E. 46087 TOWN ENGINEER, TOWN OF APPLE VALLEY THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASE
SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVIS LOCAL ORDINANCE AT THE REQUEST OF VANESSA BAKER IN JANUARY, 2
STATE THAT THIS SURVEY IS TRUE AND COMPLETE AS SHOWN AND THASHOWN HEREON ARE OF THE CHARACTER AND OCCUPY THE POSITIONS BE SET IN SUCH POSITIONS ON OR BEFORE JANUARY, 2027 IN COMPLIA 66495 AND 66496 OF THE SUBDIVISION MAP ACT. I HEREBY STATE THASUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTA DATE: JOSEPH E. MILLER L.S. 5803 WE HEREBY STATE WE ARE ALL AND THE ONLY PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND SUBDIVIDED AS SHOWN ON THIS MAP, AND WE CONSENT TO THE PREPARATION AND RECORDATION OF THIS PARCEL MAP. SHEET 1 OF 2 SHEETS NAME OF NOTARY: SIGNATURE: COUNTY IN WHICH COMMISSIONED: DATE COMMISSION EXPIRES: COMMISSION NUMBER: A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. I HEREBY STATE THAT THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY, BY A MOTION DULY SECOND AND PASSED, APPROVED PARCEL MAP 20971 ON THE DAY OF , 2025. DATE: LA VONDA MUPRHY-PERSON TOWN CLERK, TOWN OF APPLE VALLEY STATE OF CALIFORNIA COUNTY OF ON BEFORE ME, A NOTARY PUBLIC, PERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND. BEING A SUBDIVISION OF THE SOUTH 1/2 OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 5 NORTH, RANGE 3 WEST, S.B.M. IN THE TOWN OF APPLE VALLEY, COUNTY OF SAN BERNARDINO, STATE OF CALIFORN
CRAIG ALAN BAKER I HEREBY STATE THAT I HAVE EXAMINED THE ENTITLED PARCEL MAP N AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT. DATE: AMELIA PAULA PEREIRA, P.L.S. 8493 TOWN SURVEYOR, TOWN OF APPLE VALLEY VANESSA DESIRAE BAKER MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR EVERGREEN MONEYSOURCE MORTGAGE COMPANY, A WASHINGTON CORPORATION, AS BENEFICIARY UNDER DEED OF TRUST RECORDED JANUARY 20, 2023 AS INSTRUMENT NO. 2023-15328, OFFICIAL RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. BY: BY: NAME OF NOTARY: SIGNATURE: COUNTY IN WHICH COMMISSIONED: DATE COMMISSION EXPIRES: COMMISSION NUMBER: A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY OF ON BEFORE ME, A NOTARY PUBLIC, PERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND. Page 37 of 205 N 89°13'47" E 1320.93' (N 89°13'57" E 1321.02') [N 89°12'03" E 1320.10'] {N 89°14'21" E 1320.73'} N 89°13'19" E 660.17' N 0°24'08" W 1319.39' [N 0°22'15" W 1319.31']
N 0°25'41" W 1319.56' (N 0°25'16" W 1319.62') [N 0°23'10" W 1319.36'] 523.10' 523.53' 529.77'
559.70' 660.46' [660.05'] {660.36'} 660.47' [660.05'] {660.37'} 659.78' 659.78'
279.72' 279.98'
264.67' 265.10' R=20.00' L=31.54' D=90°22'06" R=35.00' L=54.77' D=89°39'28" R=35.00' L=55.19' D=90°21'00" R=20.00' L=31.28' D=89°37'26" 30' 30' 30'
30'
30'
30' 52' 52'
659.70' [659.65']
659.69' [659.66'] SE COR SEC 14, FD. S&W LS 5803 PER CR 307/54 FD. 1" IP LS 3009 PER P.M. 1093, P.M.B. 9/50 EASEMENT TO TOWN OF APPLE VALLEY FOR PUBLIC ROAD AND UTILITY PURPOSES PER DOC # 2022-0203800 O.R. EASEMENT TO TOWN OF APPLE VALLEY FOR PUBLIC ROAD AND UTILITY PURPOSES PER DOC # 2022-0203800 O.R. EASEMENT TO TOWN OF APPLE VALLEY FOR PUBLIC ROAD AND UTILITY PURPOSES PER DOC # 2022-0203800 O.R. EASEMENT TO TOWN OF APPLE VALLEY FOR PUBLIC ROAD AND UTILITY PURPOSES PER DOC # 2022-0203800 O.R. 329.85' 329.85' N 89°13'33" E 660.32' 578.32'
329.89' 329.89' 5.0 ACRES GROSS 3.97 ACRES NET 5.0 ACRES GROSS 3.97 ACRES NET NORTH LINE OF THE S 1/2 OF THE E 1/2 OF THE SE 1/4 OF THE SE 1/4 20' EASEMENT RESERVED TO APPLE VALLEY RANCHOS FOR HIGHWAY PURPOSES PER BOOK BOOK 2317, PAGE 296, O.R. 20' EASEMENT RESERVED TO APPLE VALLEY RANCHOS FOR HIGHWAY PURPOSES PER BOOK BOOK 2317, PAGE 296, O.R.
N 0°22'34" W 1319.21' (N 0°22'34" W 1319.16') [N 0°21'20" W 1319.26'] N 89°12'51" E 1319.74' (N 89°12'45" E 1319.98') [N 89°11'46" E 1319.39'] 659.87' [659.70'] 659.87' [659.69'] S 1/16 COR SEC 14 13 FD. S&W LS 5803 PER CR 307/54 SE 1/16 COR SEC 14 FD. 1" IP LS 3009 PER P.M. 1314, P.M.B. 11/69 INDICATES MONUMENT FOUND AS NOTED. INDICATES SET 1" I.P. LS 5803, ( ) INDICATES RECORD DATA PER P.M. 1314, P. [ ] INDICATES RECORD DATA PER P.M. 937, P.
1" = 60' SHEET 2 OF 2 SHEETS BEING A SUBDIVISION OF THE SOUTH 1/2 OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 5 NORTH, RANGE 3 WEST, S.B.M. IN THE TOWN OF APPLE VALLEY, COUNTY OF SAN BERNARDINO, STATE OF CALIFORN E 1/16 COR SEC 1423 FD. 1" IP LS 3009 PER P.M. 1314, P.M.B. 11/69 UNLESS NOTED OTHERWISE BASIS OF BEARINGS: TAKEN FROM THE WEST L THE SE 1/4, SE 1/4, SECTION 14, T5N, R3W, S.B
PER P.M. 1314, P.M.B. 11/69 BEING: N 0°22'34" W { } INDICATES RECORD DATA PER P.M. 1093, P
Town Council Agenda Report
Date: September 23, 2025
To: Honorable Mayor and Town Council
Subject: AWARD HIGHWAY 18 AND PAWNEE ROAD SIGNAL DESIGN
PROJECT
From: Douglas Robertson, Town Manager
Submitted by: Richard Pedersen, Town Engineer
Engineering Division
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That the Town Council:
A. Award a Professional Services Agreement to David Evans and Associates, Inc. for the Highway 18 at Pawnee Road Signal Design Project, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.
B. Adopt a budget amendment appropriating $129,471.33 from unallocated Measure I funds for the Highway 18 and Pawnee Road Signal Design Project.
BACKGROUND
Recently, the Town became aware of a new Caltrans traffic signal project at the intersection of Highway 18 and Pawnee Road. Originally initiated by Caltrans to address vehicular traffic safety concerns, Caltrans signal design only addresses specific identified traffic left-turn collision issues by constructing a traffic signal that only protects the existing left-turn movements for vehicles. This Caltrans traffic signal configuration does not change nor modify the existing prohibition of through traffic to and from Outer Highway North and South nor will it allow pedestrians to cross the highway, which is currently allowed, though unprotected. Caltrans is scheduled to advertise the project for construction on March 2, 2026.
Though the Caltrans project is expected to enhance traffic safety for vehicles turning left, it is staff’s opinion that this $1M+ signal improvement project, per the current Caltrans design, does not address existing pedestrian safety concerns nor does it improve vehicle north/south through traffic. There have been two pedestrian collisions at this location, one of which was a fatality. This location has the second to highest number of pedestrian collisions in the Town. There is only one intersection with a higher number of pedestrian
collisions, which is located at Navajo Road and Bear Valley Road. This past year, the Town upgraded this intersection with new signal equipment and new ADA ramps that meet current standards.
Staff is also concerned that even with “No Pedestrian crossing” signs, pedestrians might still attempt to cross at this newly signalized location. It is also anticipated that many motorists will complain that Caltrans didn’t take this traffic signal improvement opportunity to protect all possible traffic movements, both vehicle and pedestrian.
After sharing the Town’s concerns with Caltrans, they indicated they could not change the scope of their design. It was suggested by Caltrans that the Town could advance an alternate design—a fully actuated 6-phase traffic signal, at the intersection of Highway 18 and Pawnee Road—as a separate Town sponsored project. Caltrans indicated that the Town could, with many stipulations, including an approved cooperative agreement, receive the programmed State Highway Operation and Protection Program (SHOPP) and Minor Program funds for construction.
Accordingly, it is recommended that the Town assume additional responsibilities to deliver a fully signalized, ADA-compliant intersection that improves pedestrian access and traffic operations in the Apple Valley Village commercial area. The location was identified in the Apple Valley Village SR-18 Corridor Enhancement Plan and the Village Specific Plan as a priority location for improved multimodal connectivity and safety.
ANALYSIS
On August 26, 2025, the Town received five (5) proposals in response to a Request for Proposals for engineering and design services. Proposals were evaluated based on:
Understanding of the work to be done
Experience with similar kinds of work, specifically Caltrans signals Quality of staff for work to be done
Timeliness of projected project completion
Quality and completeness of proposal
David Evans and Associates, Inc. (DEA) submitted a comprehensive proposal demonstrating extensive experience with Caltrans coordination, traffic signal design, and local infrastructure projects. DEA’s team includes seasoned professionals with decades of experience in traffic engineering, civil design, and environmental documentation. They were selected based on their extensive experience with Caltrans coordination, traffic signal design, and local infrastructure projects. Their proposal includes a scope of services from traffic signal warrants analysis and final PS&E and construction support.
Their schedule includes delivering complete Plans, Specifications, and Estimates (PS&E) package by February 28, 2026, with environmental documentation finalized by December 2025, in alignment with Caltrans’ schedule. Their cost proposal totals $129,471.33, which includes all labor, overhead, and direct costs.
FISCAL IMPACT
The total contract amount for David Evans and Associates is $129,471.33. A budget amendment is required to appropriate unallocated Measure I funds for this project.
ATTACHMENTS
A. Professional Services Agreement-David Evans and Associates, Inc.
B. Budget Amendment
-1-
TOWN OF APPLE VALLEY
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 23rd day of September, 2025, by and between the Town of Apple Valley, a municipal corporation organized under the laws of the State of California with its principal place of business at 14955 Dale Evans Parkway, Apple Valley, California 92307 (“Town”) and David Evans and Associates, Inc., a Corporation, with its principal place of business at 18484 Outer Highway 18 North, Suite 225, Apple Valley, CA 92307 ("Consultant"). Town 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 services required by the Town on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing engineering and design services to public clients, is licensed in the State of California, and is familiar with the plans of Town.
2.2 Project.
Town desires to engage Consultant to render such professional services for the Highway 18 at Pawnee Road Signal Design 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 Town all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional engineering and design consulting services necessary for the Project ("Services"). The Services are more particularly described in tExhibit "A" attached hereto and Consultant’s Proposal dated August 26, 2025 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 September 23, 2025 to September 23, 2026, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.The Parties may, by mutual, written consent, extend the term of this Agreement, if necessary, tocomplete the Services.
3.2 Fees and Payments
3.2.1 Compensation. Consultant shall receive compensation, including
-2-
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One hundred twenty-nine thousand four hundred seventy-one dollars and thirty-three cents ($129,471.33) without written approval of theTown Council or Town 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.
3.2.2 Payment of Compensation. Consultant shall submit to Town 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.
Town shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the Town disputes any of Consultant's fees, the Town shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the Town for any reason whatsoever.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by Town, or included in Exhibit "C" of this Agreement.
3.2.4 Extra Work. At any time during the term of this Agreement, Town may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by Town 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 Town.
3.2.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”
3.3 Responsibilities of Consultant.
3.3.1 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. Town retains Consultant on an independent contractor basis and not as anemployee.
Any personnel performing the Services on behalf of Consultant shall not be employeesof Town and shall at all times be under Consultant's exclusive direction and control. 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 notlimited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner 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 expeditiously. Upon request of Town, Consultant shall provide a more detailed schedule of anticipated performance
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to meet the Schedule of Services.
3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of Town.
3.3.4 Substitution of Key Personnel. Consultant has represented to Town 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 Town. In the event that Town and Consultant cannot agree as to the substitution of key personnel, Town shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Robert Kilpatrick PE/TE, Christine Brown, PE, Ryan Williams, PE.
3.3.5 Town's Representative. The Town hereby designates Richard Pedersen, PE, Town Engineer, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("Town's Representative"). Town's Representative shall have the power to act on behalf of the Town for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The Town Manager shall be authorized to act on Town's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in Section 3.2 of this Agreement. Consultant shall not accept direction or orders from any person other than the Town Manager, Town's Representative or his/her designee.
3.3.6 Consultant's Representative. Consultant hereby designates Robert Kilpatrick PE/TE, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, subject to the Standard of Care, 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.
3.3.7 Coordination of Services. Consultant agrees to work closely with Town staff in the performance of Services and shall be available to Town's staff, consultants and otherstaff at all reasonable times.
3.3.8 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. 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. Consultant shall perform, at its own cost and expense and without reimbursement from the Town, 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 subconsultants who is determined by the Town to be uncooperative, incompetent, a threat to the
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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 Town, 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.
3.3.9 Period of Performance.
3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the Town and Consultant (“Performance Milestones”).
3.3.9.2 Neither Town nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Services); (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the Services and Agreement.
3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
3.3.9.4 Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. Notwithstanding the foregoing in this section, the Town may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.3.10 Laws and Regulations; Employee/Labor Certification. 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 the Services and this Agreement. All violations of such laws and regulations shall be grounds for the Town to terminate the Agreement for cause.
3.3.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants
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and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.3.10.2 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 initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of Town's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.3.10.3 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify Town against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.3.10.4 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.
3.3.11 Insurance.
3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the Town that it has secured all insurancerequired 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 Town that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the Town to terminate this Agreement for cause.
3.3.11.2 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 00 01, 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
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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); (3) products/completed operations liability; or (4) 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 00 01 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 and in the aggregate. Covered professional services shall specifically include all work to be performed under the Agreement. 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 five (5) years from termination or expiration of this Agreement.
3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the Town to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The Town, 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 and 20 37 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 Town 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 Town except ten (10) days shall be allowed for nonpayment of premium. (C) Professional Liability (Errors & Omissions): (1) Cancellation:
Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Town except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance
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shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured.
(D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Town except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the Town, its officials, officers, employees, agents, and volunteers.
3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the Town, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogationin favor of the Town, its officials, officers, employees, agents, and volunteers or shall specificallyallow 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 Town, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the Town and shall protect the Town, 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.
3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the Town, 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 Town 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 Town. 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 Town evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.3.11.8 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.
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3.3.11.9 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the Town to inform Consultant of non-compliance with any requirement imposes no additional obligation on the Town nor does it waive any rights hereunder.
3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the Town, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Town has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Town will be promptly reimbursed by Consultant or Town will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Town may cancel this Agreement.
(C) The Town may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project, which may be redacted at Consultant’s or Consultant’s insurer’s discretion to protect confidential or proprietary elements of the policies.
(D) Neither the Town nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the Town and shall not preclude the Town from taking such other actions available to the Town under other provisions of the Agreement or law.
(F) Consultant shall report to the Town, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.3.11.12 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 Town, its officials, officers, employees, 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
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endorsed to name the Town, its officials, officers, employees, agents and 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, tothe extent applicable. The Consultant shall provide satisfactory evidence of compliance with thissection upon request of the Town.
3.3.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the Town’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.
Consultant must additionally comply with the lawful requirements of the Town, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Town may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this section, or any other relevant water quality law, regulation, or policy.
3.4 Labor Code Requirements.
3.4.1 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 if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Town shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the Town, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liabilityarising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, 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 ofIndustrial 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 withall applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant
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that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shallbe considered Consultant caused delay and shall not be compensable by the Town. Consultantshall defend, indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
3.4.3 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 Accounting Records.
3.5.1 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 Town 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 three (3) years from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. Town may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to Town, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, Town may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, Town may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.2 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: David Evans and Associates, Inc.
18484 Outer Highway 18 North, Suite 225
Apple Valley, CA 92307
ATTN: Robert Kilpatrick, PE/TE
Town: Town of Apple Valley
14955 Dale Evans Parkway
Apple Valley, California 92307
ATTN: Mike Podegracz, PE
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.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for Town 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"). All Documents & Data shall be and remain the property of Town, and shall not be used in whole or in substantial part by Consultant on other projects without the Town’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to Town reproducible copies of all Documents & Data, in a form and amount required by Town. Town reserves the right to select the method of document reproductionand to establish where the reproduction will be accomplished. The reproduction expense shall be borne by Town at the actual cost of duplication. In the event of a dispute regarding the amountof compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to Town upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to Town any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of ) ten (10) years following completion of the Project,and shall make copies available to Town upon the payment of actual reasonable duplication costs.Before destroying the Documents & Data following this retention period, Consultant shall make areasonable effort to notify Town and provide Town with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that Town 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 its subconsultants, or those provided to Consultant by the Town.
3.6.3.3 Right to Use. Town shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or
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another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at Town’s sole risk. If Town uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the Town upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the Town, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by Town of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.6.3.5 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 Town, be used by Consultant for any purposes other than the performance of the Services, unless such disclosure is required by law, rule, regulation, court order, government investigation, or whistleblowing. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothingfurnished 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 Town'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 Town.
3.6.3.6 Confidential Information. The Town shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the Town'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 Town 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 Town written notice of Consultant's objection to the Town's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the Town, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including reasonable attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. Town shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with Town's choice of legal counsel), and hold Town 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 Town release such information.
3.6.4 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,
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appropriate or convenient to attain the purposes of this Agreement.
3.6.5 Indemnification.
3.6.5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably acceptable to the Town), indemnify and hold the Town, its 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, to the extent arising out of any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents for whom it is legally liable 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 reasonable attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the Town. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the Town, its officials, officers, employees, agents, or volunteers.
3.6.5.2 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.
3.6.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the Town. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the Town.
3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.9 Town's Right to Employ Other Consultants. Town reserves right to employ other consultants in connection with this Project.
3.6.10 Successors and Assigns. This Agreement shall be binding on the
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successors and assigns of the parties.
3.6.11 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the Town, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of Town.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to Town 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.
3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. 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. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the Town’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, Town shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of Town, during the term of his or her service with Town, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
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3.6.18 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.
3.6.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6.20 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE TOWN OF APPLE VALLEY
AND DAVID EVANS AND ASSOCIATES,
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
TOWN OF APPLE VALLEY
By:
Douglas B. Robertson
Town Manager
ATTEST:
By:
La Vonda M-Pearson
Director of Government Services/Town
Clerk
APPROVED AS TO FORM:
By:
Thomas A. Rice, Best Best & Krieger,
LLP
Town Attorney
DAVID EVANS AND ASSOCIATES, INC.
By:
Its:
Printed Name:
By:
Its:
Printed Name:
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Exhibit “A”
Task 1: Project Management
1.1 Project Administration: Develop a Project Management Plan (PMP), coordinate team activities, monitor progress, and maintain quality control. 1.2 Project Meetings: Conduct kick-off, design review, and monthly PDT meetings. Prepare agendas and minutes.
1.2.2 Monthly Progress Reports: Summarize accomplishments, schedule status, utility coordination, and actions required.
Task 2: Caltrans Coordination/Permit Processing
Prepare Encroachment Permit applications.
Respond to Caltrans comments.
Prepare Design Standard Decision Document (DSDD) and Positive Worker Protection (PWP) analysis.
Task 3: Traffic Signal Warrant Study
Conduct AM/PM peak hour traffic counts.
Prepare Traffic Operations Report including signal warrants and phasing recommendations.
Task 4: Environmental Clearances
Review existing Caltrans documentation.
Prepare CEQA/NEPA memorandum and coordinate with Caltrans.
Task 5: Utility Research and Coordination
Contact utility providers.
Document existing utilities and potential conflicts.
Coordinate with SCE for electrical service modifications.
Task 6: Preliminary Plans
Prepare 30% engineered plans identifying signal, ADA, signing/striping, and utility improvements.
Task 7: Final Improvement Plans
Prepare 65%, 95%, and final plans including:
7.1 Intersection Improvement Plans
7.2 Traffic Signal Plan
7.3 Signing and Striping Plans
7.4 Traffic Control Plans
7.5 Erosion Control Plans
Task 8: Water Pollution Control Plan Report
Prepare WPCP using Caltrans standards.
Task 9: Cost Estimates, Special Provisions, and Bid Documents Prepare Engineer’s Estimate, Technical and Special Provisions, and Bid Summary.
Task 10: Bid Support Services
Attend pre-bid conference.
Assist with RFIs, addenda, and bid review.
Task 11: Construction Support
Respond to RFIs and plan clarifications.
Attend field meetings and assist with change orders.
Task 12: As-Built Plans
Prepare Record Drawings incorporating contractor redlines. Submit electronic files in MicroStation or AutoCAD format.
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Exhibit “B”
Task No. Description Fee
Task 1 Project Management $13,791.95
Task 2 Caltrans Coordination $10,107.24
Task 3 Traffic Signal Warrant Study $7,749.15
Task 4 Environmental Clearances $2,792.94
Task 5 Utility Coordination $4,060.28
Task 6 Preliminary Plans $12,404.33
Task 7 Final Plans (includes all sub-tasks) $48,635.14
Task 8 Water Pollution Control Plan Report $8,627.75
Task 9 Cost Estimates & Bid Documents $6,975.94
Task 10 Bid Support $3,944.08
Task 11 Construction Support $6,091.00
Task 12 As-Built Plans $2,791.54
Total Not-to-Exceed Fee $129,471.33
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Exhibit “C”
Project Schedule
Project Duration: August 2025 – February 28, 2026
Milestone Deadlines:
August 2025
Project kickoff and field meeting
Begin Project Management Plan (PMP)
Begin Caltrans coordination and permit processing
September 2025
Conduct traffic counts
Begin Traffic Signal Warrant Study
Begin environmental review and coordination
October 2025
Complete Traffic Operations Report
Begin utility research and coordination
Prepare preliminary (30%) design plans
November 2025
Submit 30% design for Town and Caltrans review
Begin final design (65%) plans
December 2025
Submit 65% design for review
Begin 95% design plans
Prepare Water Pollution Control Plan (WPCP)
January 2026
Submit 95% design for review
Finalize bid documents, cost estimates, and special provisions Submit 100% final plans to Caltrans and Town
February 2026
Project ready for advertisement to bid
Provide bid support services
Prepare for construction support and as-built documentation
TOWN OF APPLE VALLEY
BUDGET AMENDMENT/TRANSFER REQUEST
PURPOSE
FROM ACCOUNT (DECREASE)
Org Object Amount Available After
TOTAL -
TO ACCOUNT (INCREASE)
Org Object Amount Available After
20214023 750100 129,471
TOTAL 129,471
Transfer Reference Check 129,471
Note: Budget Transfers must have a net total of "$0.00" Date Date
Date Entered by Date
New project funding allocation
Measure I
Account Description
Requesting Department Prepared By Date Prepared
Engineering Rich Berger September 11, 2025
Account Description
Town Manager
Department Director Finance Mgr. / Dir.of Finance
Town Council Agenda Report
Date: September 23, 2025
To: Honorable Mayor and Town Council
Subject: BEAR VALLEY ROAD BRIDGE OVER MOJAVE RIVER
REHABILITATION & WIDENNING PROJECT: DOKKEN FORMAL
CONTRACT AMENDMENT NO. FOUR (4) ENGINEERING AND
ENVIRONMENTAL CONSTRUCTION SUPPORT SERVICES
From: Douglas Robertson, Town Manager
Submitted by: Richard Pedersen, Town Engineer
Engineering Division
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Approve Formal Contract Amendment No. four (4) to the March 11, 2014, Agreement between the Town of Apple Valley and Dokken Engineering for engineering and environmental construction support services for the Bear Valley Road Bridge over the Mojave River Rehabilitation and Widening Project for an amount not-to-exceed $495,423 and a time extension to December 31, 2028.
BACKGROUND
On March 11, 2014, the Town of Apple Valley entered an agreement with Dokken Engineering for alternative analysis and selection, preliminary design, environmental study, CEQA/NEPA documentation and approval, final design and right of way services.
The scope of services was assembled, based on a preliminary concept for a bridge rehabilitation or replacement project, and included numerous assumptions regarding the project needs for right-of-way acquisitions, utility relocations, environmental studies/permits, soils/geotechnical studies, hydrology studies, and much more. As the project progressed, work was added to include funding assistance, and coordination with various agencies including City of Victorville, City of Hesperia, Caltrans, San Bernardino County Special Service District, San Bernardino County Flood Control, Lahontan Water Resources Board, California Department of Fish and Wildlife, Southern California Edison, Southwest Gas, Victor Valley College, and other private property owners and developments. Additionally, Procedures and Policy changes at Caltrans resulted in extra reports, studies, and analysis. Utility relocation, in particular the large Southern California Edison Transmission lines and towers, and the CSA-64 water mainline, became much bigger components of the project than anticipated. To allow for all additional work, the
Town Council approved Contract Amendment requests No. one (1) in June 2021, for an amount not to exceed $887,786, and No. two (2) in May 2022, for an amount not to exceed $178,791.
Contract Amendment No. three (3) was necessary to address new design standards changes, assist the Town with Eminent Domain process and additional right-of-way acquisition coordination, and include construction quality assurance materials testing. A time extension to December 31, 2025, was also requested. Amendment No. three (3) was approved by Council on April 9, 2024, for an amount not to exceed $380,088.
The current amendment is necessary to provide engineering and environmental support services throughout the entire construction phase, for a total not to exceed $495,423. A time extension to December 31, 2028, is also requested. This tracks with the schedule completion of the bridge, grading, utility and roadway construction work.
ANALYSIS
Attached is Dokken’s formal Contract Amendment request No. four (4) to provide the project with engineering and environmental construction support services. Contract amendment No. four (4) has been reviewed by staff, and the proposed additional work and tasks are considered warranted and competitive for this large and increasingly complex project.
Dokken Engineering proposes to provide the additional services outlined in the August 27, 2025 request for a not to exceed added amount of $495,423. The addition of this amendment brings Dokken Engineering’s total contract amount to $4,072,486. The attached request provides a detailed explanation of the additional services.
The revised contract total is proposed to stay at 8.8% of the currently estimated construction cost of $46 million for physical construction work and remains well under the industry standard of 15 to 20%. The total estimated construction cost, including construction support and construction management, is approximately $53 million.
FISCAL IMPACT
On May 29, 2025, Caltrans approved the Town’s request for additional funding that encompasses the tasks in this Contract Amendment request, as well as construction management services and construction. Caltrans is participating with $438,796 (88.57% from HBP). The Town will use Local Measure I and Traffic Impact Fees for its participation of $56,627 (11.43%). This project spans multiple years and funding is included in the Town Council approved 2025-2026 Capital Improvement Projects Budget. The project and Dokken’s contract will continue throughout fiscal year (FY) 27-28.
ATTACHMENTS
A. Vicinity map.
B. Dokken’s formal contract amendment request No. four (4)
110 Blue Ravine Road, Suite 200, Folsom, CA 95630 Tele: 916 858-0642 Fax: 916 858-0643 www.dokkenengineering.com August 27, 2025
Paula Pereira
Project Manager
TOWN OF APPLE VALLEY
14955 Dale Evans Parkway
Apple Valley, CA 92307
RE: Bear Valley Road Bridge over Mojave River Rehabilitation & Widening Project:
Contract Amendment No. 4- Construction Support
Dear Ms. Pereira,
Dokken Engineering is excited to see this project enter the construction phase! The purpose of this letter is to request contract Amendment No. 4 to the March 2014 Agreement between the Town of Apple Valley (Town) and Dokken Engineering (Dokken) for Engineering, Environmental, and Right of Way services for the Bear Valley Road Bridge over the Mojave River Rehabilitation and Widening project. This amendment is necessary to provide engineering and environmental construction support services for the project.
Amendment No. 3 included Bidding and Construction Support budget for Phase I construction, which was intended for the site preparation for the bridge construction to follow. Amendment No. 4 extends Dokken’s services during the bridge construction.
A time extension to December 31, 2028, is also requested. This tracks with the scheduled completion of the bridge, grading, utility and roadway construction work.
Dokken proposes providing the necessary additional services for a not-to-exceed amount of $495,423. The addition of these services brings Dokken Engineering’s total contract amount to $4,072,486 for this major project with a construction phase estimated at $46 million.
Following is a description of the existing tasks that require additional effort, or new tasks to be added. The outline is consistent with the contract task numbering. Information is provided only for amended or new tasks. Attachment A – Contract Summary and Amendment Request No. 4 provides cost information by task, including current contract amounts and requested amendments by task.
An estimate of effort for the added work by task and job classification is included as Attachments B:
Estimated Hours and Cost by Task for Amendment No.4. A Cost Proposal 1 Form for the proposed work is also provided, as required for this federally funded project.
Bear Valley Road over the Mojave River Bridge Rehabilitation Project Contract Amendment No. 4
August 27, 2025
NEW CONTRACT TASK AMOUNT
PHASE V – BIDDING AND CONSTRUCTION SUPPORT
TASK 1 – PHASE I BIDDING AND CONSTRUCTION SUPPORT
Task 1.1 Engineering Support of Construction ($56,062)
1.1 Geocon West, Inc.
Due to Phase I not being constructed independently from the bridge work, the Quality Assurance services anticipated by Dokken’s subconsultant, Geocon, will not be necessary. The scope of services described in Amendment No. 3 Task 1.1 are now removed from the contract and the respective budget is credited to the Town. ($56,062)
TASK 2 – BIDDING AND CONSTRUCTION SUPPORT $551,485.78
Task 2.1 Project Management/Agency Coordination $53,901.57
2.1 Project Management/Agency Coordination
Dokken will continue providing project oversight, resource management, and coordination with the Town during this extended 36-months. These services are provided on an hourly basis as requested by the Town.
Dokken will coordinate with local, State, and Federal agencies as requested by the Town. This may include but not be limited to the following activities: funding agreements with SBCTA, Caltrans Local Assistance forms, City of Victorville, and City of Hesperia.
$53,901.57
Task 2.2 Engineering Support of Construction $386,956.60
2.2.1 Advertisement and Bidding Inquiries Support
Dokken will assist the Town with the preparation of contract documents for advertising the construction of the Bear Valley Road bridge. The preparation of the bidding package will include merging utility relocations and bridge construction plans into a single bid set.
Dokken will provide engineering support during the advertising period and will respond to bidder inquiries submitted to the Town. Responses to inquiries may include revisions to plans, specifications, and/or bid items. All revisions will be summarized in formal Addendums to be prepared by Dokken.
Dokken will be available to attend and participate during the construction pre-bid meeting in-person or virtually, as preferred by the Town. $41,423.58
2.2.2 Construction Support
Dokken will provide on-going consultation and interpretation of contract $262,221.61
Bear Valley Road over the Mojave River Bridge Rehabilitation Project Contract Amendment No. 4
August 27, 2025
NEW CONTRACT TASK AMOUNT
documents, as requested. Written responses will be provided to all requests for information (RFI’s), and supplemental or revised drawings may be issued to provide clarity to the Resident Engineer (RE) and Contractor. Developing plans, special provisions, and material quantities calculations for contract change orders (CCO’s) is also made a part of this task. Sub-consultants Geocon and HDR will be available as requested to respond to RFI’s transmitted to them from Dokken. These services are provided on an hourly basis as requested by the Town.
Dokken will maintain a log of open recently closed RFI’s to ensure timely responses and progress on all RFI’s.
Dokken will schedule and attend periodic site visits throughout the project to answer questions, offer insight related to the numerous unique project conditions and sign off RFI’s. It is anticipated that site visits may occur bi-weekly in times of heavy progress and then only occur monthly when less construction activity is occurring.
Dokken will support the Town and Resident Engineer as requested with background information and coordination for planned utility relocations. Support may include communication with SCE and other utility companies.
Deliverables: Written Responses to RFI’s, Revised Plans to clarify RFI’s, RFI Log, and CCO plans.
2.2.3 Review Submittals and Shop Drawings
Dokken will review submittal drawings and stamp them as returned for corrections, approved as noted, or approved. For the Bear Valley Road bridge, submittal reviews are anticipated for permanent structure elements such as piling, bearings, joint seals, light poles and 3 frames of post-tensioning. Any corrections will be clearly marked in red and returned to the Resident Engineer.
Deliverables: Shop Drawing Reviews for bridge components, certain Submittals for Roadway features, certain Submittals for Utility Work.
$24,725.35
2.2.4 As-Built preparation
Dokken will prepare as-built plans to record final improvements constructed. Asbuilts will be completed using the information Dokken collects during the RFI process and any information, measurements, and notes provided by the RE. The drawings will be prepared electronically in Microstation format and provided on a flashdrive and through Sharepoint in both full and half size copies on bond paper.
Deliverables: As-built plans in PDF format and hard copies (full and half size). $58,586.06
Task 2.3 Environmental Support of Construction $110,627.61
2.3.1. Meeting Attendance and Coordination
Dokken will attend meetings with the Construction Management (CM) team and/or contractor throughout construction as requested by the Town. Dokken will provide $17,447.02
Bear Valley Road over the Mojave River Bridge Rehabilitation Project Contract Amendment No. 4
August 27, 2025
NEW CONTRACT TASK AMOUNT
any necessary materials (maps, exhibits, etc.) related to environmental construction support services and will offer relevant expertise on potential environmental concerns or issues. This scope assumes attendance of up to 10 virtual meetings and one in-person meeting.
Dokken will review relevant contractor submittals for environmental compliance, respond to environmental related Requests for Information (RFIs) and coordinate with the appropriate environmental regulatory agencies for approval, as applicable.
Submittals that may require environmental review include, but are not limited to, hydroseed mixes, deviations from the Bat Mitigation and Protection Plan and temporary water diversion plans. This scope assumes review of up to 5 submittals.
2.3.2 Pre-Construction Surveys
In accordance with Measure 2.19.1 and 2.23 in the Final 1602 Agreement, Dokken’s CDFW-approved biologists will conduct pre-construction nesting bird surveys during the nesting season (Feb 15 to August 31) and pre-construction burrowing owl surveys. Surveys will be consistent with agency approved survey methods and seasons. The surveys for nesting birds will take place within 3 days of construction and surveys for burrowing owls will take place 1-2 weeks prior to construction and within 3 days of construction. Should any nesting birds be found during preconstruction survey efforts, Dokken will provide appropriate and reasonable nowork buffers or other take avoidance strategies. Dokken will provide survey results to CDFW. This scope does not include full-time monitoring for active nests and does not include development of a mitigation plan for burrowing owl. This scope includes two sets of nesting bird surveys (anticipated in spring/summer 2026 and spring/summer 2027).
Other pre-construction surveys outlined in the Final 1602 Agreement, including rare plant surveys and southwestern willow flycatcher surveys have been completed and submitted to CDFW for previous work associated with Southwest Gas utility relocation. These surveys remain valid and additional surveys for these species/resources are not included in this scope of work. Other pre-construction surveys (American badger and desert kit fox) are the responsibility of the Contractor Supplied Biologist.
$18,375.54
2.3.3 Oversight of the Contractor Biologist
Dokken will oversee biological monitoring and reporting completed by the Contractor Supplied Biologist. This includes coordination for scheduling biological surveys, tracking key environmental deadlines, aiding in interpretation of monitoring requirements and permit conditions, and providing solutions to remediate any potential noncompliance.
Additionally, Dokken will review all reports and plans submitted by the Contractor Supplied Biologist prior to submittal to permitting agencies. These submittals may include, but are not limited to, pre-construction survey results, environmental $14,901.11
Bear Valley Road over the Mojave River Bridge Rehabilitation Project Contract Amendment No. 4
August 27, 2025
NEW CONTRACT TASK AMOUNT
worker training materials, monitoring logs, and recommendations/strategies for bat avoidance. This scope assumes that the Contractor Supplied Biologist will be responsible for all daily biological monitoring.
2.3.4 Environmental Commitment Record Tracking and Compliance Visits Dokken will conduct monthly site visits during the first 3 months of construction to ensure compliance with environmental commitments during the primary months of initial ground disturbance and establishment of ESA fencing. During sites visits Dokken biologist(s) will walk the site, check in with the onsite inspector/Resident Engineer, document project activities, sign off on conditions in the Environmental Commitment Record, discuss upcoming schedules, and bring attention to any potential environmental concerns that could lead to a compliance issue.
Following the major clearing/grubbing and ground disturbance, Dokken will perform 3 site visits per construction season/year, or as needed. This scope includes up to 9 site visits by a Dokken biologist.
$27,031.66
2.3.5 Agency Coordination
Dokken will coordinate with the California Department of Fish and Wildlife (CDFW) and Regional Water Quality Control Board throughout construction. Dokken will submit pre-construction notifications and supporting materials including project schedules, resumes, pre-constructions survey plans and results, and other relevant materials requested by the agencies. Additionally, in accordance with Measure 4.5 of the Final 1602 Agreement, Dokken will prepare and submit Annual Reports to CDFW.
Dokken will help facilitate site visits with regulatory agencies, as requested. This scope includes up to one site visit with regulatory agencies. Agency notifications will be provided at the beginning of construction and through construction, as applicable.
$14,007.43
2.3.6 Permit Closeouts and Post-Construction Monitoring Once construction is complete, Dokken will submit permit closeouts/reports/notifications to all permitting agencies, along with supporting materials including photographic documentation of pre- and post- project construction conditions, and the completed signed ECR.
In accordance with the 1602 permit, Measure 4.6, Dokken will assist the Town with 2 years of post-construction monitoring of the applied native hydroseed and trash/debris cleanup. As outlined in the Final Restoration Plan, approved by CDFW, Dokken will complete one site visit per year for 2 years to document site conditions.
Following each yearly inspection, Dokken will submit a memorandum to CDFW. As specified in the plan, the success criteria/contingency measures include completing a site visit and providing photographs. Therefore, the mitigation will be considered complete upon submitting the Year 2 memorandum.
$18,794.86
Bear Valley Road over the Mojave River Bridge Rehabilitation Project Contract Amendment No. 4
August 27, 2025
NEW CONTRACT TASK AMOUNT
TOTAL PHASE V: $495,423.78
TOTAL AMENDMENT 4: $495,423.78
The following is a summary of the current and proposed agreement amounts:
Original Contract Amount (approved 3/11/2014): $2,130,398 Amendment Request No.1 (approved 6/9/21): $887,786
Amendment Request No.2 (approved 7/26/22): $178,791
Amendment Request No.3 (approved 4/10/24): $380,088
Current Contract Amount $3,577,063
Amendment Request No.4 $495,423
Total Proposed Contract Amount: $4,072,486
The total proposed contract amount above includes Preliminary Engineering, Design, Plans, Specifications, Estimates, ROW Services, Project Coordination, and Construction Support. It represents approximately 8.8% of the value of the physical construction work, which is estimated at $46 million. The total construction phase cost, which includes budget for both construction support and construction management, is $53 million. Dokken’s expertise and services continue to be good value for this complex project.
If you have any questions, please contact me at (916) 858-0642, or at [email protected]. Dokken Engineering appreciates the opportunity to continue working on this important upgrade to the Bear Valley Road crossing.
Sincerely,
DOKKEN ENGINEERING
Eric Espinoza, PE
Project Manager
Attachments: A: Contract Summary and Amendment Request No. 4 dated August 27, 2025 B: Estimated Hours and Cost by Task for Amendment No. 4 dated August 27, 2025 C: Cost Proposal 1 Form, Dokken Engineering dated August 27, 2025
PHASE I - BRIDGE CONDITION ANALYSIS AND EVALUATION $ 398,978 $ - $ 398,978 $ 398,978 -$ TASK 1 - PROJECT MANAGEMENT/AGENCY COORDINATION $ 77,422 $ - $ 77,422 $ 77,422 -$ TASK 2 - BRIDGE AND SITE EVALUATION $ 200,548 $ - $ 200,548 $ 200,548 -$ TASK 3 - PRELIMINARY ALTERNATIVE DEVELOPMENT & ANALYSIS $ 101,975 $ - $ 101,975 $ 101,975 -$ TASK 4 - PRELIMINARY ENVIRONMENTAL INVESTIGATIONS $ 19,034 $ - $ 19,034 $ 19,034 -$ PHASE II - PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT $ 832,065 $ - $ 832,065 $ 832,047 $ 18 TASK 1 - PROJECT MANAGEMENT/AGENCY COORDINATION $ 138,617 $ - $ 138,617 $ 138,065 $ 551 TASK 2 - PRELIMINARY ENGINEERING $ 402,533 $ - $ 402,533 $ 401,331 $ 1,202 TASK 3 - TECHNICAL STUDIES AND ENVIRONMENTAL DOCUMENTATION $ 290,916 $ - $ 290,916 $ 292,652 $ (1,736) PHASE III - FINAL DESIGN $ 1,963,916 $ 1,963,916 - $ $ 1,975,466 $ (11,549) TASK 1 - PROJECT MANAGEMENT/AGENCY COORDINATION $ 271,114 $ - $ 271,114 $ 288,573 $ (17,459) TASK 2 - FINAL DESIGN $ 1,692,802 $ 1,692,802 - $ $ 1,686,892 $ 5,910 PHASE IV - RIGHT OF WAY SERVICES $ 281,717 $ - $ 281,717 $ 282,957 $ (1,240) TASK 1 - RIGHT OF WAY TASKS $ 281,717 $ - $ 281,717 $ 282,957 $ (1,240) PHASE V - BIDDING & CONSTRUCTION SUPPORT $ 100,386 $ 495,424 $ 595,810 $ 27,809 $ 568,001 TASK 1 - PHASE I BIDDING & CONSTRUCTION SUPPORT $ 100,386 $ (56,062) $ 44,324 $ 27,809 $ 16,515
1.1 Engineering Support of Construction $ 85,306 $ (56,062) $ 29,244 $ 17,602 $ 11,6421.2 Environmental Support of Construction $ 15,081 $ - $ 15,081 $ 10,207 $ 4,873 TASK 2 - PHASE II BIDDING & CONSTRUCTION SUPPORT $ - $ 551,486 $ 551,486 $ 551,486 - $
2.1 Project Management/Agency Coordination $ - $ 53,902 $ 53,902 $ 53,902 - $
2.1 Project Management/Agency Coordination $ - $ 53,902 $ 53,902 $ 53,902 - $
2.2 Engineering Support of Construction $ - $ 386,957 $ 386,957 $ 386,957 - $
2.2.1 Advertisement and Bidding Inquiries Support $ - $ 41,424 $ 41,424 $ 41,424 - $
2.2.2 Construction Support $ - $ 262,222 $ 262,222 $ 262,222 - $
2.2.3 Review Submittals and Shop Drawings $ - $ 15,440 $ 15,440 $ 15,440 - $
2.2.4 As-Built preparation $ - $ 67,871 $ 67,871 $ 67,871 - $
2.3 Environmental Support of Construction $ - $ 110,628 $ 110,628 $ 110,628 - $
2.3.1. Meeting Attendance and Coordination $ - $ 17,447 $ 17,447 $ 17,447 - $
2.3.2 Pre-Construction Surveys $ - $ 18,376 $ 18,376 $ 18,376 - $ 2.3.3 Oversight of the Contractor Biologist $ - $ 14,901 $ 14,901 $ 14,901 - $ 2.3.4 Environmental Commitment Record Tracking and Compliance Visits $ - $ 27,032 $ 27,032 $ 27,032 - $ 2.3.5 Agency Coordination $ - $ 14,077 $ 14,077 $ 14,077 - $ 2.3.6 Permit Closeouts and Post-Construction Monitoring $ - $ 18,795 $ 18,795 $ 18,795 - $ TOTAL COST $ 3,577,063 $ 495,424 $ 4,072,486 $ 3,517,258 $ 555,229
EXPENDITURES
THROUGH JULY
2025
REMAINING
BALANCE
August 27, 2025
ATTACHMENT A
CONTRACT SUMMARY AND AMENDMENT REQUEST NO. 4
TOWN OF APPLE VALLEY
BEAR VALLEY BRIDGE OVER THE MOJAVE RIVER REHABIILITATION AND WIDENING PROJECT TASK DESCRIPTION AMENDMENT 4 REQUEST
REVISED
CONTRACT
AMOUNT PER
AMENDMENT 3
NEW CONTRACT
AMOUNT PER
AMENDMENT 4
ATTACHMENT B - ESTIMATED HOURS BY TASK FOR AMENDMENT NO. 4 TOWN OF APPLE VALLE
Y
BEAR VALLEY ROAD BRIDGE OVER THE MOJAVE RIVER REHABILITATION WIDENING PROJEC T
August 27, 2025
Eric Espinoza, PE
Project Manager
Rob Burns, SE, PE
Structures QA/QC
Anthony Powers, PE
Bridge Project Engineer
Joe Ostdiek, PE, TE
Lighting/Signal Designer
Sarah Holm
Environmental Manager
Jamie Formico
Right of Way Manager
Senior Engineer
Associate Engineer
Assistant Engineer
Senior CAD
Senior Environmental
Planner
Associate Environmental
Planner
Environmental Planner TOTAL HOURS OTHER DIRECT COST TOTAL COST FULLY BURDENED RATE $ 228.80 $ 271.70 $ 231.66 $ 228.80 $ 271.70 $ 225.94 $ 268.84 $ 177.32 $ 140.14 $ 228.80 $ 185.90 $ 143.00 $ 100.10 PHASE V - BIDDING & CONSTRUCTION SUPPORT 506 45 150 34 28 4 75 495 670 125 265 180 230 2807 (36,062.00) $ 495,423.78 $ TASK 1 - PHASE I BIDDING & CONSTRUCTION SUPPORT $ (56,062.00) (56,062.00) $
1.1 Engineering Support of Construction (Phase I, Credit) $ (56,062.00) (56,062.00) $ TASK 2 - PHASE II BIDDING & CONSTRUCTION SUPPORT 506 45 150 34 28 4 75 495 670 125 265 180 230 2807 20,000.00 $ 551,485.78 $
2.1 Project Management/Agency Coordination 190 4 40 234 - $ 53,901.57 $
2.1 Project Management/Agency Coordination 190 4 40 234 $ 53,901.57
2.2 Engineering Support of Construction 316 45 150 34 75 455 670 125 1870 20,000.00 $ $ 386,956.60
2.2.1 Advertisement and Bidding Inquiries Support 80 5 25 4 15 20 40 189 $ 41,423.58
2.2.2 Construction Support 220 20 100 30 50 310 550 1280 20,000.00 $ $ 262,221.612.2.3 Review Submittals and Shop Drawings 10 25 10 70 115 $ 24,725.35
2.2.4 As-Built preparation 16 10 55 80 125 286 $ 58,586.06
2.3 Environmental Support of Construction 28 265 180 230 703 $ - 110,627.61 $
2.3.1. Meeting Attendance and Coordination 5 40 55 100 $ 17,447.02
2.3.2 Pre-Construction Surveys 3 45 20 55 123 $ 18,375.542.3.3 Oversight of the Contractor Biologist 5 50 25 80 $ 14,901.112.3.4 Environmental Commitment Record Tracking and Compliance Visits 5 60 30 90 185 $ 27,031.662.3.5 Agency Coordination 5 35 25 20 85 $ 14,077.432.3.6 Permit Closeouts and Post-Construction Monitoring 5 35 25 65 130 $ 18,794.86 TOTAL HOURS 506 45 150 34 28 4 75 495 670 125 265 180 230 2807 TOTAL COST 115,772.80 $ $ 12,226.50 $ 34,749.00 $ 7,779.20 $ 7,607.60 903.76$ $ 20,163.00 $ 87,773.40 $ 93,893.80 $ 28,600.00 $ 49,263.50 $ 25,740.00 $ 23,023.00 $ (36,062.00) $ 495,423.78
TASK DESCRIPTION
DOKKEN ENGINEERING
Note: Mark-Ups are Not Allowed
Consultant: DOKKEN ENGINEERING
Project No. 2030 Contract No. 2014-01 Date
Project Name
DIRECT LABOR
Classification/Title Name Hours Actual Hr Rate Total
Project Manager Eric Espinoza, PE 506 80.00 $ 40,480.00 $ Structures QA/QC Rob Burns, SE, PE 45 95.00 $ 4,275.00 $ Bridge Project Engineer Anthony Powers, PE 150 81.00 $ 12,150.00 $ Lighting/Signal Designer Joe Ostdiek, PE, TE 34 80.00 $ 2,720.00 $ Environmental Manager Sarah Holm 28 95.00 $ 2,660.00 $
Right of Way Manager Jamie Formico 4 79.00 $ 316.00 $
Senior Engineer STAFF 75 94.00 $ 7,050.00 $
Associate Engineer STAFF 495 62.00 $ 30,690.00 $
Assistant Engineer STAFF 670 49.00 $ 32,830.00 $
Senior CAD STAFF 125 80.00 $ 10,000.00 $
Engineering Technician STAFF 0 41.00 $ - $
Senior Environmental Planner STAFF 265 65.00 $ 17,225.00 $ Associate Environmental Planner STAFF 180 50.00 $ 9,000.00 $ Environmental Planner STAFF 230 35.00 $ 8,050.00 $
Senior Right of Way Agent STAFF 0 62.00 $ - $
Right of Way Assistant STAFF 0 36.00 $ - $
2,807
LABOR COSTS
a) Subtotal Direct Labor Costs $ 177,446.00
b) Anticipated Salary Increases $8,388.19
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 185,834.19
INDIRECT COSTS
d) Fringe Benefits (Rate: 63.00% ) c) Total Fringe Benefits [(c) x (d)] 117,075.54 $ f) Overhead (Rate: 5.00% ) g) Overhead [(c) x (f)] 9,291.71 $ h) General and Administrative (Rate: 92.00% ) i) Gen & Admin [(c) x (h)] 170,967.45 $ j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 297,334.70
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10% ] $ 48,316.89 l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
Construction Support 1 LS 20,000.00 $ 20,000.00 $
i) TOTAL OTHER DIRECT COSTS $ 20,000.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 20,000.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 551,485.78
REALLOCATION AMOUNT PHASE I (56,062.00) $
TOTAL AMENDMENT AMOUNT 495,423.78 $
NOTES:
COST PROPOSAL 1
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
August 27, 2025
Bear Valley Road over the Mojave River Bridge Rehabilitation and Widening Range
$65.00 - $125.00
$65.00 - $125.00
$65.00 - $125.00
$60.00 - $110.00
$65.00 - $125.00
$70.00 - $120.00
$65.00 - $125.00
$52.00 - $75.00
$33.00 - $53.00
3. Anticipated salary increases calculation (page 2) must accompany.
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.
Description of Item
$38.00 - $60.00
$60.00 - $90.00
$40.00 - $90.00
$25.00 - $65.00
$20.00 - $60.00
$45.00 - $95.00
$37.00 - $67.00
Prime Consultant Subconsultant 2nd Tier Subconsultant
Direct Labor Total Hours per Avg 5 Year
Subtotal per Cost Cost Proposal Hourly Contract
Proposal Rate Duration
= $63.22 Year 1 Avg
Hourly Rate
Avg Hourly Rate Proposed Escalation
Year 1 + 3.0% = $65.11 Year 2 Avg Hourly Rate
Year 2 + 3.0% = $67.07 Year 3 Avg Hourly Rate
Year 3 + 3.0% = $69.08 Year 4 Avg Hourly Rate
Year 4 + 3.0% = $71.15 Year 5 Avg Hourly Rate
Estimated % Completed Total Hours per Cost Total Hours per Each Year Proposal Year
Year 1 * 2,807 = 281 Estimated Hours Year 1
Year 2 * 2,807 = 1123 Estimated Hours Year 2
Year 3 * 2,807 = 1123 Estimated Hours Year 3
Year 4 * 2,807 = 140 Estimated Hours Year 4
Year 5 * 2,807 = 140 Estimated Hours Year 5
Total Total = 2,807
Avg Hourly Rate Estimated hours
(Calculated above) (Calculated Above)
Year 1 * 281 = Estimated Hours Year 1
Year 2 * 1123 = Estimated Hours Year 2
Year 3 * 1123 = Estimated Hours Year 3
Year 4 * 140 = Estimated Hours Year 4
Year 5 * 140 = Estimated Hours Year 5
Total Direct Labor Cost with Escalation =
Direct Labor Subtotal before Escalation =
Estimated total of Direct Labor Salary Increase = Transfer to Page 1 NOTES:
3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
4. Calculations for anticipated salary escalation must be provided.
COST PROPOSAL 1
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) $177,446.00 2,807
1. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) $63.22
$65.11
$67.07
$69.08
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
10.0%
40.0%
40.0%
5.0%
5.0%
100.000%
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Cost Per
Year
$177,446.00
$8,388.19
1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the #
2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. $69.08 $9,695.00
$71.15 $9,985.85
$185,834.19
$63.22 $17,744.60
$65.11 $73,107.75
$67.07 $75,300.98
Town Council Agenda Report
Date: September 23, 2025
To: Honorable Mayor and Town Council
Subject: BEAR VALLEY ROAD BRIDGE OVER MOJAVE RIVER
REHABILITATION & WIDENING PROJECT APPROVE PLANS,
SPECIFICATIONS AND ENGINEER’S ESTIMATE AND AUTHORIZE
TO ADVERTISE FOR CONSTRUCTION
From: Douglas Robertson, Town Manager
Submitted by: Richard Pedersen, Town Engineer
Engineering Division
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That the Town Council:
A. Review and approve the Plans, Specifications and Engineer's Estimate for the Bear Valley Road Bridge over Mojave River Rehabilitation & Widening Project.
B. Authorize staff to advertise and solicit bids for construction of said project.
BACKGROUND
The Bear Valley Bridge project resulted from a Caltrans Bridge Inspection Report that found the bridge to be structurally deficient (deck, joints and foundation) and functionally obsolete (lanes too narrow and non-existing shoulders). The Town has been working with the design consultant (Dokken Engineering) and various agencies including City of Victorville, City of Hesperia, Caltrans, San Bernardino County Special Service District, San Bernardino County Flood Control, Lahontan Water Resources Board, California Department of Fish and Wildlife, Southern California Edison, Southwest Gas, Victor Valley College, and other private property owners and developments. The rehabilitation and widening project will provide for six standard width lanes, shoulders with six-foot-wide bike lanes, median, ten-foot-wide sidewalk, a 12-foot-wide Class 1 bike path, drainage improvements and utilities relocations.
On March 11, 2014, the Town of Apple Valley entered an agreement with Dokken Engineering for alternative analysis and selection, preliminary design, environmental study, CEQA/NEPA documentation and approval, final design and right of way services.
As the project progressed, work was added to include funding assistance, and
coordination with the various stakeholders. Additionally, Procedures and Policy changes at Caltrans resulted in extra reports, studies, and analysis. Utility relocation, in particular the large Southern California Edison Transmission lines and towers, and the CSA-64 water mainline, became much bigger components of the project than anticipated.
Contract amendments were necessary to address new design standards changes, assist the Town with the eminent domain process and additional right-of-way acquisition coordination, and include engineering and environmental support services throughout the entire construction phase.
At this time, the project’s Plans, Specifications and Engineer’s Estimate have been finalized and meet all applicable requirements. Town Council approval of the Plans, Specifications and Engineer’s Estimate before construction will provide the project with design immunity.
ANALYSIS
Engineering Department staff have verified that the project’s Plans, Specifications and Engineer’s Estimate were finalized, and the project is ready to be advertised and go out to bid.
FISCAL IMPACT
Funding for this project is shown in the Town Council approved Capital Improvements Projects Budget for the fiscal Years of 2025-2026 through 2027-2028. There is no immediate fiscal impact with approval of the Plans, Specifications and Engineer’s Estimate and authorization to advertise for bids.
ATTACHMENTS
A. Vicinity map.
B. Plans, Specifications and Engineer’s Estimate (On file in the Town Clerks office)
Town Council Agenda Report
Date: September 23, 2025
To: Honorable Mayor and Town Council
Subject: AWARD CONTRACT FOR THE CONSTRUCTION MANAGEMENT
SERVICES FOR THE BEAR VALLEY ROAD BRIDGE OVER MOJAVE
RIVER REHABILITATION & WIDENING PROJECT
From: Douglas Robertson, Town Manager
Submitted by: Richard Pedersen, Town Engineer
Engineering Divison
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Award a contract to Parsons Transportation Group, Inc. for construction management Services for the Bear Valley Road Bridge over Mojave River Rehabilitation & Widening Project in an amount not to exceed $5,835,302.67, subject to “Approval as to Form” by the Town Attorney, and “Approval as to Content” by the Town Manager.
BACKGROUND
On July 3, 2025, the Town of Apple Valley issued a Request for Proposals (RFP) for construction management services for the Bear Valley Road Bridge over Mojave River Rehabilitation & Widening Project. Work for this project generally consists of pre-bid contract document review, documentation of pre-construction conditions, documentation and record keeping, meetings, QSD/QSP water quality monitoring and SWPPP support, schedule review, cost control and monthly progress payments, contract modifications and extra work, contract change orders, claims, submittals and clarifications, field inspection and quality assurance, testing, survey quality assurance, final completion and acceptance and project close out.
ANALYSIS
The Engineering Department received six proposals on July 31, 2025, from Accenture, Falcon, Parsons, SEG, Southstar and TKE. A selection panel was formed that included staff from San Bernardino County Transportation Agency (SBCTA), City of Victorville’s Engineering Department, Dokken Engineering (project’s design engineer), and Town of Apple Valley. This panel rated the proposals based on criteria set forth on the RFP document. The Evaluation Criteria included the following:
Project understanding and approach
Relevant project examples
Qualifications, experience and availability of project team members Completeness and overall quality of submission; and
Familiarity with federal and state procedures and requirements After extensive analysis, evaluation, and consultations, the selection panel ranked Parsons as first. Based on this, on August 12, 2025, the Engineering Department selected Parsons as the prime consultant for this project. Parsons proposal showed extensive research work and knowledge of this project.
The process to rank the six firms was difficult and extensive since each of the firms was highly qualified and proposed very qualified and experienced staff; however, Parsons stood out in a few areas. The primary reasons for Engineering staff recommending Parsons are as follows:
1. Parsons has excellent qualifications, the experience and availability to perform the necessary tasks
2. Parsons has a very strong staffing plan that includes several elements who have been involved in previous large-scale projects, several of them in the High Desert; and
3. Parsons had the clearest and best understanding of the work and submitted a proposal that was very detailed and addressed possible concerns and solutions With a consultant selected by staff, the next step in this RFP process was fee negotiations for a final contract price. Parsons’ sealed Cost Proposal, that was submitted along with each firm’s official response to the RFP, was opened and negotiations between the Town and Parsons began. After the necessary revisions, and conclusion of staff and Parsons’ negotiation efforts, a final price of $5,835,302.67 was reached.
Since the contract amount is over $1,000,000, the Town was required to submit a Consultant Financial Document Review request to Caltrans’ Independent Office of Audits and Investigations (IOAI). Based on IOAI’s issued Financial Review Letter the Town may award the contract.
For all the reasons mentioned above, Staff recommends that Parsons be awarded the contract for the construction management services for the Bear Valley Road Bridge over Mojave River Rehabilitation & Widening Project.
FISCAL IMPACT
Of the $5,835,302.67 contract total will be funded in the following manner:
Caltrans Highway Bridge Program (88.57% of total cost): $5,168,327.58 Town (11.43% of total cost):
o Measure I (45% through SBCTA): $300,138.79
o Local Measure I (55%) $366,836.30
Funding has been approved by Council with the approval of the CIP Budget for FY 2025- 2026 through 2027-2028.
ATTACHMENTS
A. Vicinity map
B. Professional Services Agreement, Parsons Transportation Group, Inc
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TOWN OF APPLE VALLEY
PROFESSIONAL SERVICES AGREEMENT
(FOR CALTRANS LOCAL ASSISTANCE FEDERAL-AID PROJECTS)
1. PARTIES AND DATE.
This Agreement is made and entered into this 24th day of September, 2025, by and between the Town of Apple Valley, a municipal corporation organized under the laws of the State of California with its principal place of business at 14955 Dale Evans Parkway, Apple Valley, California 92307 (“Town”) and Parsons Transportation Group Inc., an Illinois Corporation, with its principal place of business at 1250 Corona Pointe Court, Suite 300, Corona, CA 92879 ("Consultant"). Town 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 services required by the Town on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing construction management services to public clients, is licensed in the State of California, and is familiar with the plans of Town.
2.2 Project.
Town desires to engage Consultant to render such professional services for the Bear Valley Road Bridge over Mojave River Rehabilitation & Widening 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 Town all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional construction management 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 September 24, 2025, to July 31, 2028, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
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3.2 Fees and Payments
3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed five million, eight hundred and thirty-five thousand, three hundred and two dollars and sixty-seven cents ($5,835,302.67) without written approval of the Town Council or Town 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.
3.2.2 Payment of Compensation. Consultant shall submit to Town 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.
Town shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the Town disputes any of Consultant's fees, the Town shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the Town for any reason whatsoever.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by Town, or included in Exhibit "C" of this Agreement.
3.2.4 Extra Work. At any time during the term of this Agreement, Town may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by Town 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 Town.
3.2.5 Cost Principles and Administrative Requirements.
3.2.5.1 The Consultant agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.
3.2.5.2 Consultant also agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
3.2.5.3 Any costs for which payment has been made to the Consultant that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the Consultant to Town.
3.2.5.4 When a Consultant or subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
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3.3 Responsibilities of Consultant.
3.3.1 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. Town retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services on behalf of Consultant shall not be employees of Town and shall at all times be under Consultant's exclusive direction and control.
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.
3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner 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 expeditiously. Upon request of Town, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of Town.
3.3.4 Substitution of Key Personnel. Consultant has represented to Town 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 Town. In the event that Town and Consultant cannot agree as to the substitution of key personnel, Town shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Serge Sinevod, Project Manager/Resident Engineer; Richard Hebert, Structure Representative; Christina Wong, Office Engineer; Shawn Marscheider, Structure/Roadway Inspector; Buster Anderson, Roadway/Utility Inspector; Arianne Preite, Biological Monitoring; Payam Ferdowsi, CPM Scheduler.
3.3.5 Town's Representative. The Town hereby designates Douglas B.
Robertson, Town Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("Town's Representative").
Town's Representative shall have the power to act on behalf of the Town for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The Town Manager shall be authorized to act on Town's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in Section 3.2 of this Agreement. Consultant shall not accept direction or orders from any person other than the Town Manager, Town's Representative or his/her designee.
3.3.6 Consultant's Representative. Consultant hereby designates Serge Sinevod, PE, Construction Director, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative
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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.
3.3.7 Coordination of Services. Consultant agrees to work closely with Town staff in the performance of Services and shall be available to Town's staff, consultants and other staff at all reasonable times.
3.3.8 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. 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. Consultant shall perform, at its own cost and expense and without reimbursement from the Town, 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 Town 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 Town, 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.
3.3.9 Period of Performance.
3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the Town and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the Town will suffer damage.
3.3.9.2 Neither Town nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to
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protect the public health, welfare and safety, and other actions of a public agency applicable to the Services and Agreement.
3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
3.3.9.4 Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. Notwithstanding the foregoing in this section, the Town may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.3.10 Laws and Regulations; Employee/Labor Certification. 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 the Services and this Agreement. All violations of such laws and regulations shall be grounds for the Town to terminate the Agreement for cause.
3.3.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.3.10.2 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 initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of Town's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.3.10.3 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify Town against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.3.10.4 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
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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.
3.3.11 Insurance.
3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the Town 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 Town that the subconsultant has secured all insurance required under this section.
Failure to provide and maintain all required insurance shall be grounds for the Town to terminate this Agreement for cause.
3.3.11.2 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 00 01, 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); (3) products/completed operations liability; or (4) 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 00 01 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. 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
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Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the Town to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The Town, 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 and 20 37 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 Town except ten (10) days shall be allowed for nonpayment 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 Town except ten (10) days shall be allowed for nonpayment of premium. (C) Professional Liability (Errors & Omissions): (1)
Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Town except ten (10) days shall be allowed for non-payment of premium. (2) 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. (D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Town except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the Town, its officials, officers, employees, agents, and volunteers.
3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the Town, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the Town, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its
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own right of recovery against Town, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the Town and shall protect the Town, 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.
3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the Town, 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 Town 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 Town. 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 Town evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.3.11.8 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.
3.3.11.9 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the Town to inform Consultant of non-compliance with any requirement imposes no additional obligation on the Town nor does it waive any rights hereunder.
3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the Town, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Town has the right but not the duty to obtain the insurance it deems
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necessary and any premium paid by Town will be promptly reimbursed by Consultant or Town will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Town may cancel this Agreement.
(C) The Town may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the Town nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the Town and shall not preclude the Town from taking such other actions available to the Town under other provisions of the Agreement or law.
(F) Consultant shall report to the Town, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.3.11.12 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 Town, 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 Town, its officials, officers, employees, agents and 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 Town.
3.3.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the Town’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the Town, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
Town may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this section, or any other relevant water quality law, regulation, or policy.
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3.3.13 Equipment Purchase and Other Capital Expenditures.
3.3.13.1 Prior authorization in writing, by the Town Manager shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or Consultant services.
Consultant shall provide an evaluation of the necessity or desirability of incurring such costs.
3.3.13.2 For purchase of any item, service or consulting work not covered in Consultant’s Cost Proposal and exceeding $5,000, with prior authorization by the Town Manager, three competitive quotations must be submitted with the request for such purchase, or the absence of proposal must be adequately justified.
3.3.13.3 Any equipment purchased with funds provide under the terms of this Agreement is subject to the following:
(A) Consultant shall maintain an inventory of all
nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, Town shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit Town in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established Town procedures; and credit Town in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by Town and Consultant, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by Town.
(B) Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.
3.3.14 Conflict of Interest.
3.3.14.1 During the term of this Agreement, the Consultant shall disclose any financial, business, or other relationship with Town that may have an impact upon the outcome of this Agreement or any ensuing Town construction project. The Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement or any ensuing Town construction project which will follow.
3.3.14.2 Consultant certifies that it has disclosed to Town any actual, apparent, or potential conflicts of interest that may exist relative to the Services to be provided pursuant to this Agreement. Consultant agrees to advise Town of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement. Consultant further agrees to complete any statements of economic interest if required by either Town ordinance or State law.
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3.3.14.3 Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of Services under this Agreement.
3.3.14.4 Consultant hereby certifies that the Consultant or subconsultant and any firm affiliated with the Consultant or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this Agreement, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.
3.3.14.5 Consultant shall not employ any current employee of Town to perform the work under this Agreement while this Agreement is in effect.
3.3.15 Rebates, Kickbacks or Other Unlawful Consideration. Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any Town employee. For breach or violation of this warranty, Town shall have the right in its discretion; to terminate this Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the Agreement price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
3.3.16 Prohibition of Expending Local Agency, State, or Federal Funds for Lobbying.
3.3.16.1 The Consultant certifies, to the best of his or her knowledge and belief, that:
(A) No State, Federal, or Town appropriated funds have been paid or will be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this Agreement, or with the extension, continuation, renewal, amendment, or modification of this Agreement.
(B) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, the Consultant shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3.3.16.2 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
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3.3.16.3 The Consultant also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier sub agreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.
3.3.17 Non- Discrimination Clause and Statement of Compliance.
3.3.17.1 The Consultant’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the Consultant has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.
3.3.17.2 During the performance of this Agreement, Consultant and its subconsultants shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
3.3.17.3 Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135- 11139.5, and the regulations or standards adopted by Town to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov.
Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.
3.3.17.4 Consultant shall permit access by representatives of the Department of Fair Employment and Housing and the Town upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Town shall require to ascertain compliance with this clause.
3.3.17.5 Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
3.3.17.6 Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.
3.3.17.7 Consultant, with regard to the work performed under this Agreement, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in,
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denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
3.3.17.8 Consultant shall comply with regulations relative to nondiscrimination in federally assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of subconsultants.
3.3.17.9 Consultant or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the Town components of the DBE Program Plan, Consultant or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
3.3.18 Debarment and Suspension Certification.
3.3.18.1 The Consultant’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the Consultant or any person associated therewith in the capacity of owner, partner, director, officer or manager:
(A) Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; (B) Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; (C) Does not have a proposed debarment pending; and
(D) Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
3.3.19 Any exceptions to this certification must be disclosed to Town. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.
3.3.20 Exceptions to the Federal Government Excluded Parties List System maintained by the U.S. General Services Administration are to be determined by FHWA.
3.4 Labor Code Requirements.
3.4.1 No Consultant or subconsultant may be awarded an Agreement containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout
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the entire term of this Agreement, including any subsequent amendments.
3.4.2 The Consultant shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this Agreement are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this Agreement by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at Town construction sites, at Town facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve Town projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.
3.4.3 General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov.
3.4.4 Payroll Records.
3.4.4.1 Each Consultant and subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Consultant or subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(A) The information contained in the payroll record is true and correct.
(B) The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.
3.4.4.2 The payroll records enumerated above shall be certified as correct by the Consultant under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by Town representatives at all reasonable hours at the principal office of the Consultant. The Consultant shall provide copies of certified payrolls or permit inspection of its records as follows:
(A) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.
(B) A certified copy of all payroll records enumerated above, shall be made available for inspection or furnished upon request to a representative of Town, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of
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the Department of Industrial Relations. Certified payrolls submitted to Town, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Consultant.
(C) The public shall not be given access to certified payroll records by the Consultant. The Consultant is required to forward any requests for certified payrolls to the Town Manager by both email and regular mail on the business day following receipt of the request.
3.4.4.3 Each Consultant shall submit a certified copy of the payroll records enumerated above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
3.4.4.4 Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Town shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the Consultant or subconsultant performing the work shall not be marked or obliterated.
3.4.4.5 The Consultant shall inform Town of the location of the payroll records enumerated above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.
3.4.4.6 The Consultant or subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in Section 17.d.1 above. In the event the Consultant or subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to Town, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Town from payments then due. Consultant is not subject to a penalty assessment pursuant to this section due to the failure of a subconsultant to comply with this section.
3.4.4.7 When prevailing wage rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the Town Manager.
3.4.5 Penalty.
3.4.5.1 The Consultant and any of its subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the Consultant and any subconsultant shall forfeit to the Town a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the Agreement by the Consultant or by its subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.
3.4.5.2 The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the Consultant or subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subconsultant in meeting their respective prevailing wage
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obligations, or the willful failure by the Consultant or subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the Consultant or subconsultant had knowledge of the obligations under the Labor Code. The Consultant is responsible for paying the appropriate rate, including any escalations that take place during the term of the Agreement.
3.4.5.3 In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Consultant or subconsultant.
3.4.5.4 If a worker employed by a subconsultant on a public works project is not paid the general prevailing per diem wages by the subconsultant, the Consultant of the project is not liable for the penalties described above unless the Consultant had knowledge of that failure of the subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime Consultant fails to comply with all of the following requirements:
(A) The agreement executed between the Consultant and the subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. (B) The Consultant shall monitor the payment of the specified general prevailing rate of per diem wages by the subconsultant to the employees by periodic review of the certified payroll records of the subconsultant. (C) Upon becoming aware of the subconsultant’s failure to pay the specified prevailing rate of wages to the subconsultant’s workers, the Consultant shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the subconsultant for work performed on the public works project. (D) Prior to making final payment to the subconsultant for work performed on the public works project, the Consultant shall obtain an affidavit signed under penalty of perjury from the subconsultant that the subconsultant had paid the specified general prevailing rate of per diem wages to the subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.
3.4.5.5 Pursuant to Labor Code §1775, Town shall notify the Consultant on a public works project within fifteen (15) calendar days of receipt of a complaint that a subconsultant has failed to pay workers the general prevailing rate of per diem wages.
3.4.5.6 If Town determines that employees of a subconsultant were not paid the general prevailing rate of per diem wages and if Town did not retain sufficient money under the Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Consultant shall withhold an amount of moneys due the subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by Town.
3.4.6 Hours of Labor.
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3.4.6.1 Eight (8) hours labor constitutes a legal day's work. The Consultant shall forfeit, as a penalty to the Town, twenty-five dollars ($25) for each worker employed in the execution of the Agreement by the Consultant or any of its subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one half (1.5) times the basic rate of pay, as provided in §1815.
3.4.7 Employment of Apprentices.
3.4.7.1 Where either the Agreement or the sub agreement exceeds thirty thousand dollars ($30,000), the Consultant and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
3.4.7.2 Consultant and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, Consultant and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the Agreement work. The Consultant is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.
3.4.8 Consultant shall defend, indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply of state prevailing wage law and this Section.
3.4.9 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.
3.4.10 By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and subsubconsultants to comply with the same.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. For the purpose of determining compliance with Gov. Code § 8546.7, the Consultant, subconsultants, and Town shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the Agreement including, but
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not limited to, the costs of administering the Agreement. All parties, including the Consultant’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. Town, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the Consultant, subconsultants, and the Consultant’s Independent CPA, that are pertinent to the Agreement for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation. .
3.5.2 Audit Review Procedures.
3.5.2.1 Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement, shall be reviewed by the Town’s Chief Financial Officer.
3.5.2.2 Not later than thirty (30) days after issuance of the final audit report, Consultant may request a review by the Town’s Chief Financial Officer of unresolved audit issues. The request for review shall be submitted in writing.
3.5.2.3 Neither the pendency of a dispute nor its consideration by the Town will excuse Consultant from full and timely performance, in accordance with the terms of this Agreement.
3.5.2.4 Consultant and subconsultant agreements, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an agreement audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Agreement, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is Consultant’s responsibility to ensure federal, Town, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The Agreement, cost proposal, and ICR shall be adjusted by Consultant and approved by Town Manager to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this reference if directed by Town at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, Town or local governments have access to CPA work papers, will be considered a breach of Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.
3.5.2.5 Consultant’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI).
IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation.
The Cost Proposal shall be adjusted by the Consultant and approved by the Town Manager to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the Consultant to incorporate the Work Paper Review recommendations included in the management letter or audit
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recommendations included in the audit report will be considered a breach of the Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs. (A) During IOAI’s review of the ICR audit work papers created by the Consultant’s independent CPA, IOAI will work with the CPA and/or Consultant toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, Town will reimburse the Consultant at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.
(B) Accepted rates will be as follows:
(1) If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be
ninety percent (90%) of the proposed rate.
(2) If the proposed rate is between one hundred fifty
percent (150%) and two hundred percent (200%) - the
accepted rate will be eighty-five percent (85%) of the
proposed rate.
(3) If the proposed rate is greater than two hundred
percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.
(C) If IOAI is unable to issue a cognizant letter per subsection (e)(i) above, IOAI may require Consultant to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the Consultant’s and/or the independent CPA’s revisions.
(D) If the Consultant fails to comply with the provisions of this subsection (e), or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in subsection (e)(i) above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this Agreement. (E) Consultant may submit to Town final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this Agreement has been completed to the satisfaction of Town; and, (3) IOAI has issued its final ICR review letter. The Consultant MUST SUBMIT ITS FINAL INVOICE TO Town no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this Agreement and all other agreements executed between Town and the Consultant, either as a prime or subconsultant, with the same fiscal period ICR.
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3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. Town may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to Town, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, Town may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, Town may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.2 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:
Consultant:
Town:
Parsons Transportation Group Inc.
1250 Corona Pointe Court, Suite 300
Corona, CA 92879
ATTN: Serge Sinevod, PE, Construction Director
Town of Apple Valley
14955 Dale Evans Parkway
Apple Valley, California 92307
ATTN: Douglas B. Robertson
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.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for Town 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"). All Documents & Data
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shall be and remain the property of Town, and shall not be used in whole or in substantial part by Consultant on other projects without the Town’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to Town reproducible copies of all Documents & Data, in a form and amount required by Town. Town reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by Town at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to Town upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to Town any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to Town upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify Town and provide Town with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that Town 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 its subconsultants, or those provided to Consultant by the Town.
3.6.3.3 Right to Use. Town shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at Town’s sole risk. If Town uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the Town upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the Town, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by Town of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.6.3.5 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
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connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of Town, 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 Town'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 Town.
3.6.3.6 Confidential Information. The Town shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the Town'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 Town 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 Town written notice of Consultant's objection to the Town's release of Proprietary Information.
Consultant shall indemnify, defend and hold harmless the Town, 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.
Town shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with Town's choice of legal counsel), and hold Town 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 Town release such information.
3.6.4 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.
3.6.5 Indemnification.
3.6.5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of Town’s choosing), indemnify and hold the Town, its 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 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 except such loss or damage caused by the sole negligence or willful misconduct of the Town.
Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the Town, its officials, officers, employees, agents, or volunteers.
3.6.5.2 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
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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.
3.6.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the Town. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the Town.
3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.9 Town's Right to Employ Other Consultants. Town reserves right to employ other consultants in connection with this Project.
3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assignment. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the Town, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.
3.6.12 Subcontracting.
3.6.12.1 Nothing contained in this Agreement or otherwise, shall create any contractual relation between the Town and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to the Town for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant’s obligation to pay its subconsultant(s) is an independent obligation from Town’s obligation to make payments to the Consultant.
3.6.12.2 Consultant shall perform the Services with resources available within its own organization and no portion of the Services shall be subcontracted without written authorization by the Town Manager, except that, which is expressly identified in the Consultant approved Cost Proposal.
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3.6.12.3 All sub agreements entered into as a result of this Agreement, shall contain all the provisions stipulated in this entire Agreement to be applicable to subconsultants unless otherwise noted.
3.6.12.4 Consultant shall pay its subconsultants within fifteen (15) calendar days from receipt of each payment made to Consultant by the Town.
3.6.12.5 Any substitution of subconsultant(s) must be approved in writing by the Town Manager in advance of assigning work to a substitute subconsultant.
3.6.12.6 Prompt Progress Payment.
(A) Consultant or subconsultant shall pay to any
subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed Consultant on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from Consultant or subconsultant to a subconsultant, Consultant or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.
(B) In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.
3.6.12.7 Prompt Payment of Withheld Funds to Subconsultants. (A) The Town may hold retainage from Consultant and shall make prompt and regular incremental acceptances of portions, as determined by the Town, of the contract work, and pay retainage to Consultant based on these acceptances. (B) No retainage will be held by the Town from progress payments due to Consultant. Any retainage kept by Consultant or by a subconsultant must be paid in full to the earning subconsultant within 15 days after the subconsultant’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the Town’s prior written approval. Any violation of these provisions shall subject the violating Consultant or subconsultant to the penalties, sanctions, and remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by Consultant, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.
(C) Any violation of these provisions shall subject the violating Consultant or subconsultant to the penalties, sanctions and other remedies specified therein.
These requirements shall not be construed to limit or impair any contractual, administrative, or
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judicial remedies otherwise available to Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by Consultant, deficient subcontract performance, or noncompliance by a subconsultant.
3.6.13 Claims Filed by the Town’s Construction Contractor.
3.6.13.1 If claims are filed by the Town’s construction contractor relating to work performed by Consultant’s personnel, and additional information or assistance from Consultant’s personnel is required in order to evaluate or defend against such claims; Consultant agrees to make its personnel available for consultation with the Town’s construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
3.6.13.2 Consultant’s personnel that the Town considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from the Town. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for Consultant’s personnel services under this Agreement.
3.6.13.3 Services of Consultant’s personnel in connection with the Town’s construction contractor claims will be performed pursuant to a written amendment, if necessary, extending the termination date of this Agreement in order to resolve the construction claims.
3.6.14 National Labor Relations Board Certification. In accordance with Public Contract Code section 10296, Consultant hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two-year period, because of Consultant’s failure to comply with an order of a federal court that orders Consultant to comply with an order of the National Labor Relations Board.
3.6.15 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 Town 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.
3.6.16 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.17 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.
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3.6.18 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.6.19 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.20 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. 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. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the Town’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, Town shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of Town, during the term of his or her service with Town, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.21 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.
3.6.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6.23 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.
3.6.24 Title VI Assurances.
3.6.24.1 During the performance of this Agreement, the Contractor, for itself, its assignees and successors in interest agrees as follows:
(A) Compliance with Regulations: Consultant shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement.
(B) Nondiscrimination: Consultant, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
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(C) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by Consultant for work to be performed under a sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by Consultant of the Consultant’s obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. (D) Information and Reports: Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the California Department of Transportation or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the California Department of Transportation or the FHWA as appropriate, and shall set forth what efforts Consultant has made to obtain the information.
(E) Sanctions for Noncompliance: In the event of Consultant’s noncompliance with the nondiscrimination provisions of this Agreement, the California Department of Transportation shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(1) withholding of payments to Consultant under the
Agreement within a reasonable period of time, not to
exceed 90 days; and/or
(2) cancellation, termination or suspension of the
Agreement, in whole or in part.
(F) Incorporation of Provisions: Consultant shall include the provisions of paragraphs (i) through (vi) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
(G) Consultant shall take such action with respect to any subagreement or procurement as the California Department of Transportation or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, Consultant may request the California Department of Transportation enter into such litigation to protect the interests of the State, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States.
3.6.24.2 During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:
(A) Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
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(B) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
(C) Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
(D) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27;
(E) The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age); (F) Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
(G) The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
(H) Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
(I) The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
(J) Executive Order 12898, Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
(K) Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
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(L) Title IX of the Education Amendments of 1972, as
amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
3.7 Funding Agreement. This Agreement is funded in whole or in part through grant funding by the Town (“Grant Funding”). The applicable terms and conditions of such Grant Funding are incorporated herein by reference, whether or not expressly stated in this Agreement, and Consultant shall comply with all such applicable terms and conditions.
3.8 Disadvantaged Business Enterprises (DBE) Participation.
3.8.1 Consultant, Town, or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the Agreement (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the Town shows a contract goal for DBEs. Consultant shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.
Consultant shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is Consultant’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes or work code applicable to the type of work the firm will perform on the Agreement. Additionally, the Consultant is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbe-search..
All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies Consultant purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
• 60 percent counts if the materials or supplies are purchased from a DBE regular dealer.
• Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49CFR26.55 defines "manufacturer" and "regular dealer."
This Agreement is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. Consultants who enter into a federally funded agreement will assist the Town in a good faith effort to achieve California's statewide overall DBE goal.
3.8.2 The goal for DBE participation for this Agreement is 20%. Participation by DBE Consultant or subconsultants shall be in accordance with information contained in Exhibit 10-O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the
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Agreement. If a DBE subconsultant is unable to perform, Consultant must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.
3.8.3 Consultant can meet the DBE participation goal by either documenting commitments to DBEs to meet the Agreement goal, or by documenting adequate good faith efforts to meet the Agreement goal. An adequate good faith effort means that the Consultant must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If Consultant has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information – Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.
3.8.4 Contract Assurance.
3.8.4.1 Under 49 CFR 26.13(b):
(A) Consultant, Town, or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement.
Consultant shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.
3.8.4.2 Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(A) Withholding monthly progress payments;
(B) Assessing sanctions;
(C) Liquidated damages; and/or
(D) Disqualifying Consultant from future proposing as nonresponsible
3.8.5 Termination and Substitution of DBE Subconsultants.
3.8.5.1 Consultant shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless Consultant or DBE subconsultant obtains the Town ’s written consent. Consultant shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the Town. Unless the Town ’s consent is provided, the Consultant shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid.
3.8.5.2 The Town authorizes a request to use other forces or sources of materials if Consultant shows any of the following justifications:
(A) Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.
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(B) The Town stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the Town ’s bond requirements. (C) Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law. (D) Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination). (E) Listed DBE's work is unsatisfactory and not in compliance with the contract.
(F) Listed DBE is ineligible to work on the project because of suspension or debarment.
(G) Listed DBE becomes bankrupt or insolvent.
(H) Listed DBE voluntarily withdraws with written notice from the Contract
(I) Listed DBE is ineligible to receive credit for the type of work required.
(J) Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.
(K) The Town determines other documented good cause.
3.8.5.3 Consultant shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and advise Consultant and the Town of the reasons why the use of other forces or sources of materials should not occur.
3.8.5.4 Consultant’s request to use other forces or material sources must include:
(A) One or more of the reasons listed in the preceding
subsections.
(B) Notices from Consultant to the DBE regarding the request. (C) Notices from the DBEs to Consultant regarding the
request.
3.8.5.5 If a listed DBE is terminated or substituted, Consultant must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal.
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3.8.6 Commitment and Utilization.
3.8.6.1 The Town ’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.
3.8.6.2 The Town shall request Consultant to:
(A) Notify the Town ’s contract administrator or designated representative of any changes to its anticipated DBE participation (B) Provide this notification before starting the affected work (C) Maintain records including:
(1) Name and business address of each 1st-tier
subconsultant
(2) Name and business address of each DBE
subconsultant, DBE vendor, and DBE trucking
company, regardless of tier
(3) Date of payment and total amount paid to each
business (see Exhibit 9-F Monthly Disadvantaged
Business Enterprise Payment)
3.8.6.3 If Consultant is a DBE Consultant, they shall include the date of work performed by their own forces and the corresponding value of the work.
3.8.6.4 If a DBE is decertified before completing its work, the DBE must notify Consultant in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify Consultant in writing of the certification date. Consultant shall submit the notifications to the Town. On work completion, Consultant shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form to the Town within 30 days of contract acceptance.
3.8.6.5 Upon work completion, Consultant shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the Town within 90 days of contract acceptance. The Town will withhold $10,000 until the form is submitted. The Town will release the withhold upon submission of the completed form.
3.8.6.6 In the Town ’s reports of DBE participation to Caltrans, the Town must display both commitments and attainments.
3.8.7 A DBE is only eligible to be counted toward the Agreement goal if it performs a commercially useful function (CUF) on the Agreement. CUF must be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To
perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing, and other relevant factors.
3.8.8 A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, Agreement, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.
3.8.9 If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its Agreement with its own work force, or the DBE subcontracts a greater portion of the work of the Agreement than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.
3.8.10 Consultant shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE Consultant’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.
3.8.11 If a DBE subconsultant is decertified during the life of the Agreement, the decertified subconsultant shall notify Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall notify Consultant in writing with the date of certification. Any changes should be reported to Town Manager within thirty (30) calendar days.
3.8.12 After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the Town.
3.8.13 Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section.
[SIGNATURES ON NEXT PAGE]
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE TOWN OF APPLE VALLEY
AND PARSONS TRANSPORTATION GROUP INC.
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
TOWN OF APPLE VALLEY
By:
Doug Robertson
Town Manager
ATTEST:
By:
La Vonda M-Pearson
Director of Government Services/Town
Clerk
APPROVED AS TO FORM:
By:
Thomas A. Rice, Best Best & Krieger,
LLP
Town Attorney
Parsons Transportation Group Inc
By:
Its: Vice President
Printed Name: Nicole DePuy, PE
By:
Its: Senior Vice President Printed
Name: William Shelor
Exhibit “A”-1
EXHIBIT "A"
SCOPE OF SERVICES
Construction Management Services
• Attend construction pre-bid conference, if held.
• Organize and administer the pre-construction conference. • Document pre-construction conditions.
• Manage photographic record during the project (catalog photos by activity) • Review and assure that the contractor’s safety plan is implemented. • Schedule and conduct construction weekly progress meetings. Prepare and distribute meeting minutes and agendas to all attendees.
• Enforce the construction schedule and phasing plan to complete the project within the allocated time and schedule. Perform schedule analysis, as needed. • Review Contractor’s submitted Traffic Control Plan for compliance with the contract documents and for completeness and adequacy to accommodate traffic during each planned stage of construction.
• Ensure that the Contractor is adhering to the approved Traffic Control Plan during construction.
• Review staking notes/field layout prior to work beginning. • Monitor the construction budget and ensure that the project remains within budget, including a detailed tracking of installed and expected quantities of work. • Assist Town with tracking pay items per funding source as pre-determined by Town’s Project Manager.
• Act as Resident Engineer in the field and comply with all Caltrans requirements, including but not limited to, daily field reporting and weekly statements of working days, employee interviews, sub-contractor tracking, Buy-America requirements, apprentice, DBE, etc. • Maintain records for all work performed as part of the project in accordance with Caltrans LAPM requirements including the preparation of daily reports. • Review and respond to product and project submittals and/or coordinate with the design engineer and the Town to review project submittals and shop drawings. Maintain a submittal log and track turnaround time to avoid delays. • Visit off-site fabrication facilities as required (out-of-pocket cost of such trips is a reimbursable expense. Please note that the unit cost for per diem expenses and mileage reimbursement shall be equivalent to the current rate set forth by the State of California). • Review and respond to all Requests for Information (RFIs) and/or coordinate with the design engineer to provide responses. Log and track RFI progress.
• Coordinate with the utility companies (prior to and during construction). • Assist with drafting, reviewing, and negotiating of change orders. • Assist with the negotiation of change order cost proposals. • Recommend corrective action for unforeseen issues, if any, to the Town and design engineer.
• Identify and attempt to resolve construction issues/disputes as they arise. • Review and resolve notices of potential claims; assisting the Town with the review, evaluation and documentation of potential claim issues. • Support the Town in the defense and resolution of any claims related to the Project.
Assemble and analyze data as required for such defense. • Assist in the processing of any claims, payments and rebates related to Town’s insurance • Review, verify, and document all construction quantities installed. • Prepare and assist with processing progress payments. • Oversee the SWPPP program.
• Monitor activities for the duration of the construction phase, including SWPPP compliance and stormwater management and reporting.
• Enforce the contract requirements as they pertain to Labor Compliance, Equal Employment Opportunity, Prevailing Wage, and Disadvantaged Business Enterprise according to Caltrans Local Assistance Procedures and all State and Federal regulations. • Maintain a markup of all changes to the project drawings to be used as an as-built reference.
• Conduct a final walkthrough with the Contractor and the Town, prepare punch lists, follow up with Contractor and inspector on punch list items.
• Maintain all original documentation.
• Transfer original documentation to Town at close-out of project. • Materials testing Quality Assurance in accordance with Town of Apple Valley’s Quality Assurance Plan.
• All other services included in Parsons’ Proposal to Provide Construction Management Services for the BRLS-5453(018) - Bear Valley Bridge over the Mojave River, Bridge Number 54c-0086, Town of Apple Valley, dated July 31, 2025, and hereby made a part of Exhibit “A” – Scope of Services.
Exhibit “B”-1
EXHIBIT "B"
SCHEDULE OF SERVICES
Activity ID Activity Name Rem
Dur
Start Finish
BEAR VALLEY BRIDGE OVER THE MOJAVE RIVER BEAR VALLEY BRIDGE OVER THE MOJAVE RIVER 684 26-Aug-25 15-May-28 Key Milestones 684 26-Aug-25 15-May-28
A1000 Construction Management Contract Award 0 26-Aug-25* A1010 Advertise for Construction Contract 0 02-Sep-25*
A1020 Construction Contract Award 0 13-Oct-25
A1025 Construction Start 0 01-Dec-25*
A1035 Ph 1 A Completion 0 05-Mar-26
A1045 Ph 1 B Completion 0 15-Jun-26
A1055 Ph 2 Stage 1 Completion 0 22-Jun-26
A1065 Ph 2 Stage 2 Completion 0 17-Mar-27
A1075 Ph 2 Stage 3 Completion 0 27-Jan-28
A1085 Ph 2 Stage 4 Completion 0 28-Feb-28
A1095 Ph 2 Stage 5 Completion 0 03-Apr-28
A2005 Construction Completion (Advertised Apr '28) 0 15-May-28* Preconstruction 32 14-Oct-25 01-Dec-25
Submittals 32 14-Oct-25 01-Dec-25
A2040 Prepare & Submitt Drawings and Plans 20 14-Oct-25 10-Nov-25 A2050 Review and Approval Drawings and Plans 12 12-Nov-25 01-Dec-25 Procurements 30 14-Oct-25 25-Nov-25
A2060 Material Procurement 30 14-Oct-25 25-Nov-25
Construction 620 01-Dec-25 15-May-28
A1050 Overall Construction (620 working days) 620 01-Dec-25 15-May-28 A2200 Ongoing Review of Contractor Submittals, Work plans, Drawings, and RFIs 620 01-Dec-25 15-May-28 Ph 1A - Steel Tower Grading 66 01-Dec-25 05-Mar-26
A1030 Grading Construction 66 01-Dec-25 05-Mar-26
Ph 1B - SCE Construction 56 27-Mar-26 15-Jun-26
A1040 Relocation And Pull Existing Poles 56 27-Mar-26 15-Jun-26 Ph 2 - Bridge and Roadway 549 29-Jan-26 03-Apr-28
Stage 1 101 29-Jan-26 22-Jun-26
A2220 Install Bat Houses on Existing Bridge 0 29-Jan-26 A1060 Install Channelizers and Remove Median 5 16-Jun-26 22-Jun-26 Stage 2 184 23-Jun-26 17-Mar-27
A1070 Remove Conflicting Striping 2 23-Jun-26 24-Jun-26 A1080 Place Temporary Striping 2 25-Jun-26 26-Jun-26
A1090 Construct Temporary Pedestrian Walkway Prior To Construction 5 29-Jun-26 06-Jul-26 A1130 Construct Curb And Gutter And Multi-Use Path On The North Side Of Bear Valley Road 30 01-Sep-26 13-Oct-26 A1140 Construct Utility Pad 20 14-Oct-26 10-Nov-26
A1150 Construct Storm Drain System 30 12-Nov-26 28-Dec-26 A1170 Construct Pavement Widening 21 14-Jan-27 11-Feb-27 A1160 Construct Storm Drain System On Outer Bear Valley Road Under Temporary Traffic Control38 29-Dec-26 22-Feb-27 Construct RW NO 124 95 26-Aug-26 13-Jan-27
A1340 Excav Ftg 20 26-Aug-26 23-Sep-26
A1410 Geocomp 15 15-Oct-26 04-Nov-26
A1350 Ftg Rebar 60 02-Sep-26 30-Nov-26
A1360 Fftg Forms 60 10-Sep-26 07-Dec-26
S Oct N D J F M Apr M J Jul A S Oct N D J F M A M J Jul A S Oct N D J F M A M J Jul A S Oct N 2026 2027 2028
Construction Management Contract Award
Advertise for Construction Contract
Construction Contract Award
Construction Start
Ph 1 A Completion
Ph 1 B Completion
Ph 2 Stage 1 Completion
Ph 2 Stage 2 Completion
Ph 2 Stage 3 Completion
Ph 2 Stage 4 Completion
Ph 2 Stage 5 Completion
Construction Completion (Advertised Apr '28)
Prepare & Submitt Drawings and Plans
Review and Approval Drawings and Plans
Material Procurement
Overall Construction (620 working days)
Ongoing Review of Contractor Submittals, Work plans
Grading Construction
Relocation And Pull Existing Poles
Install Bat Houses on Existing Bridge
Install Channelizers and Remove Median
Remove Conflicting Striping
Place Temporary Striping
Construct Temporary Pedestrian Walkway Prior To Construction Construct Curb And Gutter And Multi-Use Path On The North Side Of Bear Valley Road Construct Utility Pad
Construct Storm Drain System
Construct Pavement Widening
Construct Storm Drain System On Outer Bear Valley Road Under Temporary Traffic Control Excav Ftg
Geocomp
Ftg Rebar
Fftg Forms
TOWN OF APPLE VALLEY
BEAR VALLEY BRIDGE OVER THE MOJAVE RIVER
Printed 22-Jul-25 15:49
Data Date 26-Aug-25
Remaining Level of Effort
Actual Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
Milestone
Project ID: BV OH Project Name: BEAR VALLEY BRIDGE OVER THE MOJAVE RIVER Layout : Apple WBS
TASK filter: MRJV Bid Item Profile. Page 1 of 3
TOWN OF APPLE VALLEY – Proposal to Provide Construction Management Services for the BRLS-5453(018) Bear Valley Bridge Over the Mojave River, Bridge Number 54C-0086 Scope and Services 25 Page 121 of 205
Activity ID Activity Name Rem
Dur
Start Finish
A1370 Ftg Pour 60 17-Sep-26 14-Dec-26
A1420 Bkfill 25 05-Nov-26 14-Dec-26
A1380 Stem Rebar 60 24-Sep-26 21-Dec-26
A1390 Stem Forms 60 01-Oct-26 29-Dec-26
A1400 Stem Pour 60 08-Oct-26 06-Jan-27
A1430 Railing 20 15-Dec-26 13-Jan-27
A1440 Snd Wall 20 15-Dec-26 13-Jan-27
Construct North Side of The Bridge 175 07-Jul-26 17-Mar-27 A1450 Shoring Abut 1 & 12 10 07-Jul-26 20-Jul-26
A1460 Excav Abut 1 & 12 5 14-Jul-26 20-Jul-26
A1470 Excav Abut RW 1 & 12 5 14-Jul-26 20-Jul-26
A1560 Excav Piers 2 thru 11 5 21-Jul-26 27-Jul-26
A1480 Demo Abut 1 & 12 10 21-Jul-26 03-Aug-26
A1500 Demo OH 5 28-Jul-26 03-Aug-26
A1490 Demo Abut Piles 1 & 12 15 28-Jul-26 17-Aug-26
A1510 Drill/Rebar/Pour Abut 1 & 12 CIDH 15 11-Aug-26 31-Aug-26 A1520 F/R/P/S Ftg Abut 1 & 12 15 25-Aug-26 15-Sep-26
A1530 F/R/P/S Ftg Abut RW 1 & 12 15 25-Aug-26 15-Sep-26 A1570 Drill & Pour Piers 2 thru 11 CIDH 50 28-Jul-26 06-Oct-26 A1540 F/R/P/S Stem Wall Abut 1 & 12 25 09-Sep-26 13-Oct-26 A1580 F/R/P/S Ftg Piers 2 thru 11 50 04-Aug-26 13-Oct-26 A1550 F/R/P/S Stem Wall Abut RW 1 & 12 25 16-Sep-26 20-Oct-26 A1610 Soffit & Stem F/R/D/P/S Fr-1 20 14-Oct-26 10-Nov-26 A1590 F/R/P/S Pier Walls 2 thru 11 80 11-Aug-26 04-Dec-26 A1620 Deck F/R/P Fr-1 15 12-Nov-26 04-Dec-26
A1600 FW Drive Piles/Erect Bents/Set Bms 45 07-Oct-26 11-Dec-26 A1650 Soffit & Stem F/R/D/P/S Fr-2 20 12-Nov-26 11-Dec-26 A1630 PreStress Fr-1 10 07-Dec-26 18-Dec-26
A1640 F/R/P/S Hinge Fr-1/2 10 21-Dec-26 05-Jan-27
A1660 Deck F/R/P Fr-2 15 14-Dec-26 05-Jan-27
A1690 Soffit & Stem F/R/D/P/S Fr-3 20 14-Dec-26 12-Jan-27 A1670 PreStress Fr-2 10 06-Jan-27 19-Jan-27
A1700 Deck F/R/P Fr-3 15 13-Jan-27 02-Feb-27
A1710 PreStress Fr-3 10 03-Feb-27 17-Feb-27
A1715 F/R/P/S Hinge Fr-2/3 15 10-Feb-27 03-Mar-27
A1720 FalseWork Removal 15 25-Feb-27 17-Mar-27
A2160 Grinding & Barrier Rail 5 11-Mar-27 17-Mar-27
A2230 Joint Seal 5 11-Mar-27 17-Mar-27
Stage 3 218 18-Mar-27 27-Jan-28
A1180 Construct Stage 3 Construction - Temporary Access Road 2 18-Mar-27 19-Mar-27 A1200 Construct Curb And Gutter And Multi-Use Path On The South Side Of Bear Valley Road 28 18-Mar-27 26-Apr-27 A1230 Construct Drainage System 30 27-Apr-27 08-Jun-27
A1210 Remove Conflicting Striping 2 25-Jan-28 26-Jan-28 A1220 Place Temporary Striping 3 25-Jan-28 27-Jan-28
Construct South Side of The Bridge 215 18-Mar-27 24-Jan-28 A1740 Shoring Abut 1 & 12 5 18-Mar-27 24-Mar-27
S Oct N D J F M Apr M J Jul A S Oct N D J F M A M J Jul A S Oct N D J F M A M J Jul A S Oct N 2026 2027 2028
Ftg Pour
Bkfill
Stem Rebar
Stem Forms
Stem Pour
Railing
Snd Wall
Shoring Abut 1 & 12
Excav Abut 1 & 12
Excav Abut RW 1 & 12
Excav Piers 2 thru 11
Demo Abut 1 & 12
Demo OH
Demo Abut Piles 1 & 12
Drill/Rebar/Pour Abut 1 & 12 CIDH
F/R/P/S Ftg Abut 1 & 12
F/R/P/S Ftg Abut RW 1 & 12
Drill & Pour Piers 2 thru 11 CIDH
F/R/P/S Stem Wall Abut 1 & 12
F/R/P/S Ftg Piers 2 thru 11
F/R/P/S Stem Wall Abut RW 1 & 12
Soffit & Stem F/R/D/P/S Fr-1
F/R/P/S Pier Walls 2 thru 11
Deck F/R/P Fr-1
FW Drive Piles/Erect Bents/Set Bms
Soffit & Stem F/R/D/P/S Fr-2
PreStress Fr-1
F/R/P/S Hinge Fr-1/2
Deck F/R/P Fr-2
Soffit & Stem F/R/D/P/S Fr-3
PreStress Fr-2
Deck F/R/P Fr-3
PreStress Fr-3
F/R/P/S Hinge Fr-2/3
FalseWork Removal
Grinding & Barrier Rail
Joint Seal
Construct Stage 3 Construction - Temporary Access Road
Construct Curb And Gutter And Multi-Use Path On The South Side Of Bear Valley Road Construct Drainage System
Remove Conflicting Striping
Place Temporary Striping
Shoring Abut 1 & 12
TOWN OF APPLE VALLEY
BEAR VALLEY BRIDGE OVER THE MOJAVE RIVER,
Printed 22-Jul-25 15:49
Data Date 26-Aug-25
Remaining Level of Effort
Actual Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
Milestone
Project ID: BV OH Project Name: BEAR VALLEY BRIDGE OVER THE MOJAVE RIVER Layout : Apple WBS
TASK filter: MRJV Bid Item Profile. Page 2 of 3
TOWN OF APPLE VALLEY – Proposal to Provide Construction Management Services for the BRLS-5453(018) Bear Valley Bridge Over the Mojave River, Bridge Number 54C-0086 Scope and Services 26 Page 122 of 205
Activity ID Activity Name Rem
Dur
Start Finish
A1750 Excav Abut 1 & 12 5 25-Mar-27 31-Mar-27
A1760 Excav Abut RW 1 & 12 5 25-Mar-27 31-Mar-27
A1770 Demo Abut 1 & 12 10 25-Mar-27 07-Apr-27
A1780 Demo Abut Piles 1 & 12 5 01-Apr-27 07-Apr-27
A1790 Demo Superstructure 10 01-Apr-27 14-Apr-27
A1800 Excav Piers 2 thru 11 5 08-Apr-27 14-Apr-27
A1820 Drill/Rebar/Pour Abut 1 & 12 CIDH 10 01-Apr-27 14-Apr-27 A1810 Demo Pier Piles 10 08-Apr-27 21-Apr-27
A1830 F/R/P/S Ftg Abut 1 & 12 15 08-Apr-27 28-Apr-27
A1840 F/R/P/S Ftg Abut RW 1 & 12 13 19-Apr-27 05-May-27 A1850 F/R/P/S Stem Wall Abut 1 & 12 10 22-Apr-27 05-May-27 A1860 F/R/P/S Stem Wall Abut RW 1 & 12 10 29-Apr-27 12-May-27 A1870 Drill & Pour Pier CIDH 2 thru 11 50 15-Apr-27 24-Jun-27 A1880 F/R/P/S Ftg Piers 2 thru 11 50 22-Apr-27 01-Jul-27 A1910 Soffit & Stem F/R/D/P/S Fr-1 25 05-Jul-27 06-Aug-27 A1890 F/R/P/S Pier Walls 2 thru 11 80 29-Apr-27 20-Aug-27 A1900 FW Drive Piles/Erect Bents/Set Bms 45 25-Jun-27 27-Aug-27 A1920 Deck F/R/P Fr-1 20 09-Aug-27 03-Sep-27
A1930 Prestress Fr-1 10 30-Aug-27 13-Sep-27
A1950 Soffit & Stem F/R/D/P/S Fr-2 25 09-Aug-27 13-Sep-27 A1940 F/R/P/S Hinge Fr-1/2 10 14-Sep-27 27-Sep-27
A1960 Deck F/R/P Fr-2 20 14-Sep-27 11-Oct-27
A1990 Soffit & Stem F/R/D/P/S Fr-3 25 14-Sep-27 18-Oct-27 A1970 Prestress Fr-2 10 12-Oct-27 25-Oct-27
A2000 Deck F/R/P Fr-3 20 19-Oct-27 16-Nov-27
A2010 Prestress Fr-3 15 17-Nov-27 09-Dec-27
A2015 F/R/P/S Hinge Fr-2/3 15 10-Dec-27 31-Dec-27
A2020 FalseWork Removal 15 04-Jan-28 24-Jan-28
A2170 Grinding & Barrier Rail 5 18-Jan-28 24-Jan-28
A2240 Joint seal 5 18-Jan-28 24-Jan-28
Stage 4 21 28-Jan-28 28-Feb-28
A1240 Remove Stage 3 Construction - Temporary Access Road 2 28-Jan-28 31-Jan-28 A1250 Construct Raised Median Along Bear Valley Road 15 01-Feb-28 22-Feb-28 A1260 Remove Conflicting Striping 2 23-Feb-28 24-Feb-28 A1270 Place Temporary Striping 2 25-Feb-28 28-Feb-28
Stage 5 25 29-Feb-28 03-Apr-28
A1280 Cold Plane Along Bear Valley Rd 5 29-Feb-28 06-Mar-28 A1290 Overlay Final HMA Lift And Micro-Surfacing 4 07-Mar-28 10-Mar-28 A1310 Remove Existing Asphalt Concrete Overlay And Replace With Polyester Concrete Overlay 8 13-Mar-28 22-Mar-28 A1300 Stripe To Final Configuration 3 23-Mar-28 27-Mar-28 A1320 Road Signs 15 13-Mar-28 31-Mar-28
A1330 Remove Temporary Fence 5 28-Mar-28 03-Apr-28
Close-out 30 04-Apr-28 15-May-28
A1730 Final Punch List 20 04-Apr-28 01-May-28
A2030 Final Clean Up 10 02-May-28 15-May-28
S Oct N D J F M Apr M J Jul A S Oct N D J F M A M J Jul A S Oct N D J F M A M J Jul A S Oct N 2026 2027 2028
Excav Abut 1 & 12
Excav Abut RW 1 & 12
Demo Abut 1 & 12
Demo Abut Piles 1 & 12
Demo Superstructure
Excav Piers 2 thru 11
Drill/Rebar/Pour Abut 1 & 12 CIDH
Demo Pier Piles
F/R/P/S Ftg Abut 1 & 12
F/R/P/S Ftg Abut RW 1 & 12
F/R/P/S Stem Wall Abut 1 & 12
F/R/P/S Stem Wall Abut RW 1 & 12
Drill & Pour Pier CIDH 2 thru 11
F/R/P/S Ftg Piers 2 thru 11
Soffit & Stem F/R/D/P/S Fr-1
F/R/P/S Pier Walls 2 thru 11
FW Drive Piles/Erect Bents/Set Bms
Deck F/R/P Fr-1
Prestress Fr-1
Soffit & Stem F/R/D/P/S Fr-2
F/R/P/S Hinge Fr-1/2
Deck F/R/P Fr-2
Soffit & Stem F/R/D/P/S Fr-3
Prestress Fr-2
Deck F/R/P Fr-3
Prestress Fr-3
F/R/P/S Hinge Fr-2/3
FalseWork Removal
Grinding & Barrier Rail
Joint seal
Remove Stage 3 Construction - Temporary Access Road
Construct Raised Median Along Bear Valley Road
Remove Conflicting Striping
Place Temporary Striping
Cold Plane Along Bear Valley Rd
Overlay Final HMA Lift And Micro-Surfacing
Remove Existing Asphalt Concrete Overlay And Replace With Stripe To Final Configuration
Road Signs
Remove Temporary Fence
Final Punch List
Final Clean Up
TOWN OF APPLE VALLEY
BEAR VALLEY BRIDGE OVER THE MOJAVE RIVER,
Printed 22-Jul-25 15:49
Data Date 26-Aug-25
Remaining Level of Effort
Actual Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
Milestone
Project ID: BV OH Project Name: BEAR VALLEY BRIDGE OVER THE MOJAVE RIVER Layout : Apple WBS
TASK filter: MRJV Bid Item Profile. Page 3 of 3
TOWN OF APPLE VALLEY – Proposal to Provide Construction Management Services for the BRLS-5453(018) Bear Valley Bridge Over the Mojave River, Bridge Number 54C-0086 Scope and Services 27 Page 123 of 205
Exhibit “C”-1
EXHIBIT "C"
COMPENSATION