1 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT BY AND BETWEEN THE CITY OF VICTORVILLE AND DAVID EVANS AND ASSOCIATES, INC. FOR DESIGN OF A TRAFFIC SIGNAL AT RIDGECREST RD AT BLUFF CREST ST AND VISTA POINT DR, PROJECT MS26-100 THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT dated this __________________ day of ______________, 2026, for reference purpose only, is made and entered into by and between THE CITY OF VICTORVILLE, a municipal corporation located in the County of San Bernardino, State of , and David Evans and Associates, Inc., an Oregon corporation, ConsultantCity and Consultant are sometimes RECITALS: WHEREAS, the City requires Consultant/Professional Services Provider Agreement for Design of a Traffic Signal at Ridgecrest Rd at Bluff Crest St and Vista Point Dr, Project MS26-100; and WHEREAS, Consultant represents that it is fully qualified to perform the consulting and/or professional services required for performance under this Agreement by virtue of its experience and the training, education and expertise of its principals and its employees; and WHEREAS, in light of the facts set forth above, the City desires to retain the services of a qualified Consultant to provide, on an independent contractor basis, Design of a Traffic Signal at Ridgecrest Rd at Bluff Crest St and Vista Point Dr, Project MS26-100; and NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: Section 1. RECITALS The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein. Section 2. SCOPE OF SERVICES Consultant shall provide to the City those services set forth in the Scope of Services, attached hereto as and incorporated as part of this Agreement by this reference. 2 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 Section 3. COMPENSATION The City shall pay to Consultant a sum not to exceed Ninety Four Thousand Three Hundred Ninety Two and 00/100 Dollars ($94,392.00) for faithful performance of the services to be rendered under this Agreement, subject to the Proposal provisions of Section 4, below. No expense reimbursements, including, but not limited to, reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless such expense reimbursements: (i) are specifically provided for and described by nature and type in B below; (ii) appear on ConsultantCity; (iii) are supported by the appropriate receipts and other such documentation as the City shall require; and (iv) are directly related to the Scope of Services to be performed under this Agreement. In addition, any and all reimbursements shall be made in accordance with any City policy governing same. Section 4. COST PROPOSAL The City shall pay Consultant as provided in the Cost Proposal, attached hereto as Exhibit B and incorporated as part of this Agreement by this reference, subject to the provisions of Section 5. The provisions of B notwithstanding, in order to receive payments, Consultant shall be required to submit to the City detailed monthly invoices which include, if applicable, a description of all services/tasks performed, the number of hours expended on each service/task, the name of the person performing the service/task, and expense reimbursement information, if any, as required by Section 3, above. Provided that services have been satisfactorily rendered, invoices shall be paid by the City approximately thirty (30) working days following receipt of Consultant Section 5. STATE PREVAILING WAGE AND RELATED LABOR PROVISIONS a. Compliance with State Prevailing Wage Law. Pursuant to California Labor Code Section 1773, the City has obtained from the Director of the Department of Industrial Relations DIRholiday and overtime work applicable for each craft, classification, or type of worker in San Bernardino County, California, where the Project is to be performed. Copies of these prevailing rate of per diem wages are on file at the City of Victorville Finance Department/Purchasing Division and shall be made available for review to any interested party on request. Copies of these prevailing rate of per diem wages are also available from the State of California via the internet at http://www.dir.ca.gov/DLSR/PWD. Consultant and its subconsultants/subcontractors shall pay not less than said specified prevailing rate of per diem wages to all workers employed by Design of a Traffic Signal at Ridgecrest Rd at Bluff Crest St and Vista Point Dr, and any other work or services described in or encompassed by California Labor Code Consultant shall be solely responsible for using the correct and current prevailing wage rates and performing accordingly. An error on the part of any awarding body does not relieve the Consultant from the responsibility for payment of the correct prevailing wage, or compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at the work/job site, employment of apprentices, and other requirements of Labor Code Section 1720 et seq.; Labor Code Section 1810 et seq.; California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws. b. Designation as Consultant Not Determinative. For purposes of this Agreement, Consultant its subconsultants or subcontractors shall be subject to and shall comply with all 3 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 provisions of the Labor Code applicable to contractors and subcontractors when they are engaged in the performance despite being designated as a Consultant or subconsultant herein. c. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the provisions of this Section 5 and the terms of Exhibit or of this Agreement, the provisions of this Section 5 shall control, and nothing Scope of Work, or Cost/Bid Proposal which conflict with the provisions of this Section 5. d. Payroll Records. Consultant and its subconsultants/subcontractors must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seqRegulationswhich are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR. (1) Consultant and Subconsultant/Subcontractor Obligations. Consultant and each subconsultant or subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must 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; and (b) Consultant and/or subconsultant/subcontractor has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any covered work performed by its employees on the Project. (2) Certified Recordavailable for inspection or furnished to the employee or his or her authorized representative on request, to the City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code. (3) Enforcement. Upon notice of noncompliance with Labor Code Section 1776, Consultant and/or subconsultant/subcontractor has ten days in which to comply with the requirements of this section. If Consultant and/or subconsultant/subcontractor fails to do so within the ten-day period, Consultant and/or subconsultant/subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Consultant and/or subconsultant/subcontractor. (4) Payment of Invoices. Copies of the certified payrolls, proof of payroll submissions, and appropriate lien releases are required with each invoice to the City. Payment of the invoice may be delayed when payroll-related documents and/or lien releases are not included with the invoice. 4 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 e. Apprentices. Consultant is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference. f. Notices. Pursuant to Labor Code section 1771.4, Consultant is required to post all Job Site notices, including prevailing wage rates and other notices, as required by regulation. g. Other Labor Requirements. Consultant has the responsibility for and shall comply with all other applicable requirements of Labor Code Section 1720 et seq., Labor Code Section 1810 et seq., the Regulations, and all other applicable State labor laws. Consultant further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Consultant shall require the same of all its subconsultants or subcontractors. h. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hours laws will be enforced as follows: (1) Pursuant to Labor Code section 1775, the Consultant and any subcontractor/subconsultant under it shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Agreement by it or by any subcontractor/subconsultant under it. The difference between such prevailing wage rate 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 and/or subconsultant/subcontractor as provided for in Section 1775. (2) Pursuant to Labor Code Section 1813, Consultant and its subconsultants or subcontractors shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Consultant or subconsultant/subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, except as specified in Labor Code Section 1815. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. i. DIR Monitoring. Pursuant to Labor Code Section 1771.4, this Agreement is subject to compliance monitoring and enforcement by the DIR. j. DIR Registration. Pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and its subconsultants/subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Agreement, Consultant represents that it is aware of the registration requirement and is currently registered with the DIR. Consultant shall maintain a current registration for the duration of the Agreement. Consultant shall further include the requirements of Labor Code Sections 1725.5 and 1771.1 in any subcontract and ensure that all subconsultants/subcontractors are registered at the time this Agreement is entered into and maintain registration for the duration thereof. 5 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 Section 6. TERM OF AGREEMENT This Agreement shall be for an Initial Term of two (2) years, commencing on the date of full execution of the Agreement two (2) years from the Commencement Date , unless terminated earlier pursuant to Section 21 of this Agreement. From and after the Termination Date, and upon subsequent Agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 21 below. This Agreement may be extended for one (1) additional one-year period (hereinafter City. City shall give Consultant sixty (60) days advance written notice prior to the expiration of the initial Term and sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the City decide to exercise its option(s) to extend. In the event City does not give Consultant such written notice of its option to extend, this Agreement shall terminate at the end of the then-current Term or Option Period without further notice from either Party, unless terminated earlier pursuant to the provisions of Section 21 below. Should the City fail to give Consultant the sixty (60) days written notice of its intention to exercise any Option Period, the City may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Consultant. Section 7. INDEPENDENT CONTRACTOR STATUS It is the express intention of the Parties that Consultant is an independent contractor and not an employee, agent, joint venture, or partner of the City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Consultant or any employee or agent of Consultant. Both Parties acknowledge that Consultant is not an employee for state or federal tax purposes or any other purpose. Consultant shall retain the right to perform services for others during the term of this Agreement. Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS CONSULTANT a. Consultant represents and acknowledges the following: (1) The City is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement. (2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. (3) The services described in this Agreement can be performed without the use of City equipment, materials, tools, or facilities, unless otherwise provided under a separate Agreement. (4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement. 6 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 (5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other such compensation to any person employed by Consultant to perform the services described in this Agreement. (6) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City. b. The City represents and acknowledges the following: (1) Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement. (2) The City will not hire, supervise, or pay any employees or assistants working for Consultant pursuant to this Agreement. (3) Nothing in this Agreement shall be interpreted to imply that Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement. (4) It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement. (5) Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement. (6) Unless deemed necessary under certain circumstances, Consultant is not required to perform the services set forth in this Agreement at City Hall or on City-owned property. (7) Other than attendance at required public meetings and public hearings, and complying with the provisions of the Proposal set forth in Exhibit B and any procedural requirements set forth by law, Consultant is not required to perform the services set forth in this Agreement in any particular order or sequence. (8) Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest. Section 9. NOT AGENT OF THE CITY a. Nothing contained in this Agreement shall be deemed, construed, or represented by the City or Consultant or by any third person to create the relationship of principal and agent. b. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever. Section 10. LICENSES AND PERMITS Consultant represents that it has obtained and will maintain at all times during the Initial Term (and during the Option Period, if applicable) of this Agreement all business licenses, 7 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 including but not limited to a City of Victorville business license, professional licenses or certifications, or permits necessary for performing the services described in this Agreement. Section 11. STANDARD OF PERFORMANCE; WARRANTY a. Consultant agrees to perform all services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar services under similar conditions in the same or similar locality. Such services shall also be performed in a manner which is reasonably satisfactory to Fredy A. Bonilla, P.E., City Engineer, or his designee. b. By executing this Agreement, Consultant warrants that it: (1) Has thoroughly investigated and considered the services and work to be performed; (2) Has investigated the issues regarding the scope of services to be provided; (3) Has carefully considered how the services and related work should be performed; and (4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement. Section 12. FAMILIARITY WITH WORK Should Consultant discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the City, Consultant shall immediately inform the City of such fact and shall not provide any services, except at Consultant's risk, until written instructions are received from Fredy A. Bonilla, P.E., City Engineer, or his designee. Section 13. CONFLICTS OF INTEREST Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultantservices under this Agreement. Consultant further covenants that in the performance of services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it. In the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City. Section 14. COMPLIANCE WITH LAWS Consultant shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including any rule, regulation, or bylaw governing the conduct or performance of Consultant or its employees, officers, or board members. 8 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 Section 15. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY INSURANCE a. Consultant shall procure and maintain at its own expense, during the Initial Term of this Agreement (and during the Option Period, if applicable), Commercial General Liability Insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by Consultant or its officers, employees, servants, volunteers, and agents and independent contractors. b. Consultant shall further procure and maintain, at its own expense, during the Initial Term of this Agreement, (and during the Option Period, if applicable), Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Consultant or its officers, employees, servants, volunteers, agents and independent contractors in performing the services required by this Agreement. Section 16. WORKERS' COMPENSATION INSURANCE a. Consultant shall procure and maintain at its own expense, during the Initial Term of this Agreement (and during the Option Period, if applicable), Workers' Compensation Insurance, providing coverage as required by the California State Workers' Compensation Law. b. If any class of employees employed by the Consultant pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Consultant shall provide adequate insurance for the protection of such employees to the satisfaction of the City. Section 17. PROFESSIONAL LIABILITY INSURANCE a. Professional Liability Insurance or Errors and Omissions insurance as appropriate to Consultantdesigned to provide coverage for and protect against the negligent acts, errors and omissions of the Consultant in the performance of the services required by this Agreement. A minimum limit of $1,000,000 per claim and in the aggregate must be provided. Section 18. ADDITIONAL INSURED Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation, shall be endorsed to name the City and its officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, as Additional Insureds. Section 19. WAIVER OF SUBROGATION RIGHTS Consultant shall require the carriers of all required insurance policies, to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, and independent contractors and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver. 9 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 Section 20. PROOF OF INSURANCE COVERAGE; REQUIRED ENDORSEMENTS a. Consultant shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Agreement and furnish to the City Clerk certificates of insurance evidencing the required coverage, and policy endorsements at least two (2) weeks prior to the commencement of any services to be performed under this Agreement. b. The policies and certificates of insurance shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given. c. Each policy and certificate of insurance shall be endorsed to provide that the policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration. d. Each policy and certificate of insurance shall be endorsed to provide that the policy will be maintained throughout the Initial Term (and during the Option Period, if applicable), of this Agreement. e. The commercial general liability and vehicle liability policies shall be endorsed to contain coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant Section 21. TERMINATION OR SUSPENSION a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination. b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination. Section 22. TIME OF THE ESSENCE Time is of the essence in the performance of this Agreement. 10 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 Section 23. INDEMNIFICATION a. Except as set forth in Subsection b of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees. b. The provisions of this Subsection b apply only in the event that Consultant is a The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. (1) Notwithstanding the provisions of Subsection a above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement. (2) In no event shall the costs of defense charged to Consultant exceed the section 2782.8, the provisions of which are incorporated into this Agreement by this reference. Nothing in this Subsection b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees. c. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein. d. The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement. Section 24. REPORTS Upon request by Fredy A. Bonilla, P.E., City Engineer, or his designee or as otherwise required by this Agreement, including but not limited to, the Scope of Services set Consultant shall prepare and submit reports to the City concerning Consultant's performance of the services required by this Agreement. 11 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 Section 25. RECORDS a. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Fredy A. Bonilla, P.E., City Engineer, or his designee, to evaluate the cost and the performance of such services. b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. c. Fredy A. Bonilla, P.E., City Engineer, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. d. Records and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to Fredy A. Bonilla, P.E., City Engineer, or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement. Section 26. RESERVED Section 27. CONFIDENTIALITY; OWNERSHIP OF WORK a. Any and all documents and information obtained from the City or prepared by Consultant for the City shall be kept strictly confidential unless otherwise provided by applicable law. All City data, documents and information shall be returned to the City upon termination of the Agreement. b. Any drawings, specifications, reports, records, documents, or other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of Fredy A. Bonilla, P.E., City Engineer, or his designee, or as required by applicable law. c. Consultant shall not disclose to any other entity or person any information regarding the activities of the City, except with the prior written approval of Fredy A. Bonilla, P.E., City Engineer, or his designee, or as required by applicable law. d. All original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the property of the City and shall be surrendered to the City upon the completion of Consultanty Fredy A. Bonilla, P.E., City Engineer, or his designee. Such materials may be used, reused or otherwise disposed of by the City without the permission of Consultant. e. Consultantcovenants under this Section 27 shall survive the termination of this Agreement. Section 28. PRINCIPAL REPRESENTATIVES a. Christine Brown, P.E., Project Manager, is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement. 12 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 b. Fredy A. Bonilla, P.E., City Engineer, or his designee shall be the principal representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement. c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party. Section 29. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES a. This Agreement may be modified or amended only by a written instrument signed by both Parties. b. During the Initial Term, the City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of Design of a Traffic Signal at Ridgecrest Rd. and Bluff Crest St. and Vista Point Dr., but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services. Section 30. ENTIRE AGREEMENT a. This Agreement supersedes any and all prior or contemporaneous Agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement. b. This Agreement contains all of the covenants and Agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or Agreements have been made by or on behalf of any Party, except those covenants and Agreements in this Agreement. c. No Agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party. Section 31. AMBIGUITIES This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement. Notwithstanding the foregoing, the Parties agree that B is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Consultant/Professional Services Standard Provider Agreement and Exhibit Bthe terms of this Consultant/Professional Services Standard Provider Agreement shall control and nothing set forth in Exhibit shall be deemed to supersede any of the provisions of this Consultant/Professional Services Standard Provider Agreement. 13 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 Section 32. NOTICES a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows: To the City: Fredy A. Bonilla, P.E., City Engineer Engineering Department City of Victorville 14343 Civic Drive Victorville, CA 92392 To Consultant: Gabriel Rodriguez, P.E., Vice President David Evans and Associates, Inc. 18484 Outer Highway 18 North, Suite 225 Apple Valley, CA 92307 b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail. Section 33. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Consultant or to its successor(s), or for any breach of any obligation of the terms of this Agreement. Section 34. REVIEW BY ATTORNEYS Each Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation. Section 35. WAIVER a. No waiver shall be binding unless executed in writing by the Party making the waiver. b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement. 14 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 Section 36. ASSIGNMENT This Agreement shall not be assigned by either Party without prior written consent of the other Party. Section 37. CARE OF WORK The performance of services by Consultant or the payment of money by the City shall not relieve Consultant from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such incomplete, inaccurate or defective work is due to the negligence of Consultant. Section 38. CAPTIONS AND HEADINGS The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading. Section 39. SUCCESSORS, HEIRS, AND ASSIGNS Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. Section 40. GENDER In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another. Section 41. SEVERABILITY If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein. Section 42. GOVERNING LAW The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law. Section 43. DEFAULT a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder. 15 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 b. The Party claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. c. Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. d. In the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings. Section 44. CUMULATIVE REMEDIES Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party. Section 45. VENUE All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California. Section 46. In the event any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement, or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof. Section 47. EFFECTIVENESS OF AGREEMENT This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Consultant, approved by the Cityauthorized City personnel or Mayor. Section 48. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING AGREEMENT a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto. 16 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent. Section 49. COUNTERPARTS This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement. (END OF THIS PAGE) 17 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below. THE CITY OF VICTORVILLE DAVID EVANS & ASSOCIATES, INC. By: ______________________________ By: ____________________________ Elizabeth Becerra, Gabriel Rodriguez, P.E., Mayor Vice President Dated: ___________________________ Dated: _________________________ ATTEST By: ______________________________ Jennifer Thompson, City Clerk Dated: ___________________________ APPROVED AS TO STANDARD FORM: By: ______________________________ Andre de Bortnowsky, City Attorney Dated: ___________________________ By: ______________________________ Sandra Bostick, Risk Manager Dated: ___________________________ 18 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100
EXHIBIT A SCOPE OF SERVICES
SCOPE OF WORK Scope of Services The tasks within this section are provided as general guidance to the proposing firms. The proposers shall review the RFP and attached documents and conduct any other document review, research and field reviews as they deem necessary, and provide a detailed scope of services as part of their proposals. It is the consultant’s responsibility to identify all necessary tasks and components, and provide all necessary services as required and in compliance with this RFP and all applicable standards and requirements, and provide the City with a complete Bid Package approved by all regulatory and involved agencies. Task 1 - Project Management and Coordination Meetings:1. The Consultant shall coordinate a kick-off meeting with City staff upon award of thecontract to conduct introductions, review the scope of work, discuss the overall projectschedule and implementation process, and request information from relevant City andCounty departments not otherwise provided.2. The Consultant shall coordinate and attend monthly project coordination meetings withCity staff to provide updates on project progress, budget, and schedule. These meetingsshall also serve as a forum for the Consultant to request information, ask questions, anddiscuss any design issues encountered.3. The Consultant shall coordinate and attend design review meetings with City staff at the30 percent, 60 percent, 90 percent, and 100 percent submittal stages. The Consultantshall create a comment matrix to verify all City comments are addressed with eachsubmittal.4. For all meetings, the Consultant shall prepare and distribute meeting agendas at leastthree (3) business days prior to each meeting. The Consultant shall prepare meetingminutes summarizing discussions, documenting action items, identifying responsibleparties, and establishing associated deadlines, and shall distribute the minutes no laterthan three (3) business days following each meeting.5. The City will provide review comments at the 30 percent, 60 percent, and 90 percentdesign phases. It is anticipated that each review cycle will take up to fourteen (14)calendar days. The Consultant shall incorporate all review comments and ensure that thefinal Plans, Specifications, and Estimates (PS&E) are complete and reflect input from allstakeholders and City staff throughout the design process.6. The Consultant shall conduct additional meetings, as necessary, with the City, County,regulatory agencies, and other stakeholders to support timely project delivery and thedevelopment of an optimal design within the project schedule.A.Schedule:
EXHIBIT A SCOPE OF SERVICES, PROJECT MS26-100
19/ Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100
1. The Consultant shall prepare and maintain a detailed project schedule, updated continuously throughout the duration of the project. The schedule shall include clearly defined tasks and subtasks, identify the critical path, and indicate the anticipated duration for each task. Schedule updates shall be submitted to the City at coordination meetings, or as otherwise requested by the City. 2. Any request for an extension of time shall be submitted in writing and shall be subject to City review and approval. Extensions of time will be considered only for delays beyond the control of the Consultant and not due to the Consultant’s negligence, errors, or omissions 3. The Consultant shall promptly notify the City in writing of any actual or anticipated delays to the project schedule within two (2) business days of becoming aware of such delay. The notification shall include the cause of the delay, the anticipated duration, and a proposed recovery plan to mitigate schedule impacts. The Consultant shall implement reasonable measures, at no additional cost to the City, to minimize delays and maintain the overall project schedule. B. Design Standards: 1. The Consultant shall prepare the plans and specifications utilizing the following standards (Standards): a. Standard Specifications for Public Works Construction (“Greenbook”), latest edition b. City's Standard Specifications for Public Improvements dated June 5, 2007, c. City's Standard Drawings for Public Improvements, d. City's Minimum Requirements for Street Improvement Plans, e. Traffic Signal Special Provisions (Sample included as Attachment G) f. CA Manual on Uniform Traffic Control Devices 2026 | Caltrans g. 2025 Caltrans Standard Specifications will be used for the traffic signals, striping, and signingh. Federal Americans with Disabilities Act (ADA) and State Title 24 requirements, whichever is more restrictive. A. Submittals: 1. The Consultant shall perform quality control on all submittals. The design drawings should be as complete, accurate, and error-free as possible before plan checking is considered, in order to reduce the number of plan checks required and related costs to the City. 2. The Consultant shall, at no additional cost to the City, correct errors, omissions, and unworkable and/or improper design/drafting on the original drawings, which are discovered subsequent to the completion of the plan checking process. 3. All submittals to City shall be made electronically via email, OneDrive link or other electronic file transfer method acceptable to the City.
EXHIBIT A SCOPE OF SERVICES, PROJECT MS26-100
20/ Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 a. Electronic submittals must be in both original format and PDF.b. Estimates shall be prepared in spreadsheet format using Microsoft Excel. The Consultant shall submit a pdf of quantity calculations with each submittal for checking by the City. Computations showing estimated quantities and costs for each location of work as well as the sum totals shall be submitted to the City for review along with a set of plans showing items of work with quantities on each sheet. Submission of computations does not relieve the Consultant's responsibility of submitting an accurate estimate of quantities. c. Specifications shall be prepared using the latest edition of Microsoft Word. d. All plans shall be prepared with AutoCAD software or compatible design software that is compatible and approved by the City. e. Final submittals shall be as indicated in Task 5. Task 2 - 30% Design – Preliminary Design The purpose of the thirty percent (30%) design is to establish and confirm the overall project scope, define design assumptions and constraints, evaluate feasibility, and identify the general design approach. In order for the City to be successful at performing a quality review, Consultant, at a minimum, should consider including the following, as applicable: 1. Surveying and Topographic Mapping: The City will provide the Consultant with a CAD DWG with survey data necessary for the design of the proposed improvements along the roadway. This file will not include a 3D surface. 2. Research: a. Conduct necessary field surveys to assess existing conditions of the project area. b. The City will provide copies of available pertinent City records upon request. Any recent engineering studies that have been completed relating to roadway safety improvements, including traffic signal warrants, feasibility studies, and project study reports will be made available upon request from the City of Victorville Engineering Division. c. The Consultant shall conduct a field investigation to review the existing infrastructure to identify existing equipment and conditions for design/modification purposes. 3. Utility Coordination: a. The Consultant shall provide engineering services related to the research and investigation of utility company and agency records to secure all the information required to identify, locate and accurately layout all underground improvements. The research should include, but not be limited to, utility maps and street improvement plans.
EXHIBIT A SCOPE OF SERVICES, PROJECT MS26-100
21/ Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 b. The Consultant shall identify all utilities that could potentially conflict with the planned project, and determine special requirements for facilities including protection, relocation, right-of-way, easements, and construction. c. The Consultant shall coordinate with the appropriate utility companies for work that affects their infrastructure. d. If required to establish electrical service or modifications to electrical service, Consultant shall assist the City with coordination with Southern California Edison’s Service Planner for appropriate connections and designs. 4. Utility Potholing: a. The Consultant shall pothole all underground utilities to determine the depth for clearance or conflicts for any underground improvements such as gas lines, telephone lines, electrical lines, sewer lines, water lines, storm drain lines, etc. b. The Consultant shall submit to each utility company a preliminary set of plans that provide the location, elevation of the utility, and the elevation of the improvement with the conflict area clouded to show the utility companies the areas of conflict with the proposed improvement. c. The potholing information and plan shall be submitted to the City after completion of that task. It will be the responsibility of the Consultant to notify Underground Service Alert and provide temporary traffic control during potholing operations. 5. Right of Way: There is no right-of-way acquisition anticipated for this project. The design Consultant shall perform research on available right-of-way maps, assessor parcel maps, and easement information within the project limits. Based on this information, existing ROW information shall be shown on the plans. If any TCEs (Temporary Construction Easements) are necessary, the Consultant shall show them on the plans. The City will obtain TCEs from adjacent property owners. 6. Environmental & Permitting: City staff will prepare a categorical exemption which will be approved at the time of construction contract award. The Consultant shall provide all necessary supporting documentation to facilitate environmental clearance, including exhibits as required. 7. Submittals: a. The Consultant shall develop and submit a preliminary cost estimate and plans. b. The preliminary estimate shall be based on the conceptual design. The estimate shall identify major anticipated bid items and provide planning-level quantities sufficient for initial project budgeting. Quantities may be based on typical sections, assumptions, and limited design detail, and are expected to be approximate, generally within ±30 percent of final quantities. The estimate shall reflect current cost data based on recent bids or industry-standard cost sources. The Consultant shall clearly document all assumptions, exclusions, and uncertainties associated with the estimate.
EXHIBIT A SCOPE OF SERVICES, PROJECT MS26-100
22/ Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 c. The estimated items of work with quantities shall include but not be limited to: itemizing all removals, relocations, traffic signal equipment, traffic signal wiring, survey monument wells, pavement legends & striping, signs, traffic control, raised pavement markers, and project signs. The estimated items of work with quantities shall be arranged in chronological order of construction and shall contain all the information needed to prepare the Engineer’s Estimate of Costs. d. The preliminary design plans at a minimum shall clearly identify the proposed project footprint; locations of major project components; existing utilities and potential conflicts; drainage features; ADA considerations; existing survey monuments; and any non-standard items, including all associated civil components necessary for project implementation. Task 3 - 60 % Design The Consultant shall prepare design documents necessary to deliver complete Plans, Specifications, and Estimates (PS&E) for implementation of the Project. All design work shall conform to the standards identified under Task 1. The primary purpose of the sixty percent (60%) design submittal is to verify constructability and confirm that contract plans, layout, scale, and formatting are consistent with applicable standards and design criteria. The 60% design shall serve as the basis for evaluation and validation of design decisions made since the 30% submittal and for the identification, evaluation, and resolution of constructability issues. Prior to submittal, the Consultant shall ensure that all applicable deliverables identified herein are completed, at a minimum, to a level of development sufficient to support a comprehensive City review.60% Plans1. Title Sheet – include title sheet per current City requirements (90%). 2. Site Preparation Plans (90%) – demo, grading, clearing, utility adjustments a. Sawcut limits b. Existing Utilities (100%) c. Include proposed relocations d. Include all removal items 3. Traffic Signal Plans – signal layout, equipment, phasing a. Project Footprint/Alignment/Right of Way Plans (100%) b. Foundation locations (100%) c. Signal cabinet and conduit locations (100%) d. The traffic plans shall address the installation of the proposed poles, signal heads, street lighting and other relevant features of the traffic signal design. They may further include provisions of emergency vehicle pre-emption, protection of existing communication facilities, evaluation of the existing battery back-up system in the EXHIBIT A SCOPE OF SERVICES, PROJECT MS26-100
23/ Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 service pedestal, pedestrian countdown heads, and any other improvements necessary for the new traffic signal as directed by the City. The plans shall show lane dimensions, signal pole and push button pole placements, controller and power meter cabinet placements, conduit runs and hand holes or pull box placements, lane channelization, circuitry and conductor schedules, phase schedules, schedules for signal heads, emergency vehicle pre-emption details, and all other notes, schedules, details and/or drawing components required for complete traffic signal construction/modification plans.4. Civil Improvement Plans – including roadway, curb, drainage, ADA improvements, detail sheets including typical sections and other details as required. (90%) 5. Signing and Striping Plans – including pavement markings and regulatory signage (90%) 6. Detail Sheets - including typical sections and project-specific details Special ProvisionsThe City utilizes the OpenGov Procurement system for construction advertisement. The City will provide the Consultant with the following templates: Standard Specifications for Public Works Construction, including Special Provisions Bid Proposal Line-Item Descriptions Traffic Signal Special Provisions The Consultant shall update and tailor these documents to reflect the project-specific scope of work and shall prepare any additional technical specifications required beyond the City’s standard provisions.EstimateThe Consultant shall prepare and submit a detailed bid schedule identifying all proposed bid items. Each bid item shall include a reference to the applicable Standard Specifications governing materials and workmanship. Non-standard or modified bid items shall be clearly identified and accompanied by draft special provisions for City review and approval.The Consultant shall provide an updated and well-developed Engineer’s Estimate identifying all major bid items with quantities substantially complete and suitable for project budgeting purposes. Quantities shall be based on measurable plan information and are expected to be reasonably accurate, generally within ±15 percent of final quantities, with no significant scope elements omitted. The estimate shall reflect current cost data based on recent bids or industry-standard cost sources. The Consultant shall clearly identify all assumptions, uncertainties, and potential quantity variances.Task 4 - 90% Design The primary purpose of the ninety percent (90%) design submittal is to facilitate a near-final contract review and confirm that the project is biddable, complete, and free of major constructability issues. The 90% design shall demonstrate that all design elements are substantially complete and coordinated, and that the Plans, Specifications, and Estimates (PS&E) are ready for final refinement and advertisement.
EXHIBIT A SCOPE OF SERVICES, PROJECT MS26-100
24/ Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 For small or simple projects, the 90% design submittal may be combined with the final PS&E review, subject to City approval. The 90% review shall function as a near-final PS&E review, and any missing or incomplete elements shall be clearly identified and documented for City review.Prior to submittal, the Consultant shall ensure that all applicable deliverables listed herein are completed to a near-final level and are sufficiently developed to support a comprehensive contract and constructability review.At a minimum, the following items shall be completed prior to submitting to the City for review:Plans Plan sheets shall be near one hundred percent (100%) complete, with any missing or incomplete elements clearly identified and documented Quantities shown on plan sheets shall be consistent with the bid schedule Bid item names, units of measurement, and references shall be consistent across all plan sheets and the bid schedule References to applicable Standard Specifications and Standard Plans shall be accurate and complete Special Provisions Special Provisions shall be near one hundred percent (100%) complete, with any missing elements clearly identified All non-standard or modified bid items shall include draft special provisions defining materials, installation methods, and measurement and payment Contract requirements shall include the number of working days and liquidated damages Estimate The bid schedule shall be complete and consistent with the plans and specifications The Engineer’s Estimate shall be complete and reflect all bid items Lump sum items shall be supported by detailed cost breakdowns All bid items shall include references to applicable Standard Specifications governing materials and workmanship Task 5 - Final PS&E The final Plans, Specifications, and Estimate (PS&E) submittal shall be complete, coordinated, and ready for advertisement and bidding. All documents shall be wet signed and sealed by a Civil Engineer licensed in the State of California. All PS&E documents shall conform to City of Victorville standards, practices, and templates.
EXHIBIT A SCOPE OF SERVICES, PROJECT MS26-100
25/ Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 Plans The Consultant shall provide clear, concise, and complete plans and profiles which shall include, but are not limited to, the following items: project title; vicinity (location) map; title blocks; north arrows; scales 1”=20’ for traffic signal and roadway improvements (nothing precludes the requirement to have drawings at a larger scale or larger scale for details); general notes; construction notes; construction legend; telephone numbers of utilities and other affected agencies and businesses; details; existing improvements; power poles; driveway approaches; water services; sewer manholes and water valves; pedestrian ramps; curb returns; traffic stripes and thermoplastic legends; signs; traffic signals; video detection; details of private improvements to be reconstructed (if any), or relocated, such as driveways, fences, gates, irrigation systems, trees and landscaping; overhead utility lines; and other details that are of benefit to the design of the project. Final plans shall be plotted using permanent drafting ink on Mylar, and drafted on twenty-four inch by thirty-six inch (24" x 36") Mylar sheets and shall be signed by a Civil Engineer registered in the State of California. The originals and the electronic data of these drawings shall be considered property of the City at all times and shall be submitted to the City upon completion, or as otherwise directed. The electronic data shall also include all survey data and point information. SpecificationsThe Consultant shall prepare complete Special Provisions and contract documents suitable for bidding and construction. Specifications shall: Conform to City standards and provided templates Be signed and sealed by a California-registered Civil Engineer Include all project-specific requirements necessary to fully define materials, installation standards, and measurement and payment Include provisions for all non-standard bid items Final Estimate of Quantities and CostsThe Consultant shall prepare a complete and detailed Engineer’s Estimate of quantities and construction costs. The estimate shall: Be provided in Excel format and be consistent with the final bid schedule Include all bid items with quantities based on final plans Be supported by detailed quantity calculations and summaries Reflect current unit costs based on recent similar projects and subject to City approval Include all work items, including but not limited to removals, relocations, traffic signal equipment, wiring, pavement markings, signing, traffic control, survey monuments, and project signage EXHIBIT A SCOPE OF SERVICES, PROJECT MS26-100
26/ Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 Be organized in a logical construction sequence The Consultant’s final construction cost estimate shall be consistent with the final plans, specifications, and bid schedule. Quantity calculations shall be submitted for City review; however, submission of calculations does not relieve the Consultant of responsibility for accuracy and completeness.Task 6 - Bidding Support A.Respond to questions and log questions and responses. The Consultant shall answer questions regarding the Technical Provisions, the design drawings or conflicts in the design during the bidding process. The Consultant shall assist the City, at no charge, in preparation of Addenda regarding omissions or conflicts in the design. B. Attend pre-bid meeting Task 7 – Construction Support A. Attend the pre-construction meeting, B. Attend job site meetings when requested by the City over the course of the construction schedule (assume 5 meetings). C. Provide responses to the Contractor’s RFIs about the plans and specifications when requested by the City. D. Provide responses and approvals to the Contractor’s submittals for materials and shop drawings when requested by the City. E. Participate in final job walk F. Prepare as-built drawings based on field red-lined as-built information provided by the City’s Construction Contractor.
EXHIBIT A SCOPE OF SERVICES, PROJECT MS26-100
27/ Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 19 Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 EXHIBIT B COST PROPOSAL See Attachment
4141 East Inland Empire Boulevard Suite 250 Ontario California 91764 Telephone: 909.481.5750 Facsimile: 909.481.5757 July 16, 2026 Ximena Zambrano Assistant Engineer II City of Victorville 14343 Civic Drive, 2nd Floor Victorville, CA 92392 SUBJECT: Design of a Traffic Signal at Ridgecrest Rd. and Bluff Crest St., and Vista Point Dr. Dear Ms. Ximena Zambrano, Per the Citys email dated July 15, 2026, David Evans and Associates (DEA) has prepared a revised scope and fee for the Ridgecrest Traffic Signal Design project. The updates reflect the Citys clarified assumptions as noted below: Utility Coordination: The City has already completed the initial utility coordination effortsincluding reaching out to utilities within the project footprint and incorporating the data receivedinto the project survey. This task has been removed as any remaining utility coordination effortswill be handled by the City. Limited effort has been added under the Research/Base Map task toreview the utility information obtained and mapped by the City.Utility Potholing: Abeen added under the Preliminary Plans/Cost Estimate task to identify recommended potholelocations and prepare a Pothole Location Map activities.Traffic Signal Warrant Study and Traffic Counts: This task has been separated from thebase scope and included as an optional task. The traffic counts will be conducted and providedby the City and therefore have been removed from DEAs fee. Please note, the traffic counts willbe required for the preparation of the Traffic Signal Timing Plan as well.Traffic Signal Interconnect: This task has been separated from the base scope and includedas an optional task.DEA welcomes the opportunity to review these updates the City and is available to meet at your convenience to confirm scope alignment and next steps.Sincerely, DAVID EVANS AND ASSOCIATES, INC. Christine Brown Project Manager EXHIBIT B COST PROPOSAL, PROJECT MS26-100
29/ Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 Design of a Traffic Signal at Ridgecrest Rd. at Bluff Crest St., and Vista Point Dr. RFP # MS26-100 City of Victorville David Evans and Associates, Inc. | May 28, 2026 | 7
Scope of Work DEA has developed a scope of work that is focused on accomplishing the goals of the City for this project. extensive experience in street improvement and traffic improvement projects, as well as our infrastructure and traffic engineering experience, is reflected in our approach to this project. The following represents our approach to the project and scope of work. Task 1 Project Management Task 1.1 Project Administration project manager will provide overall project control, City coordination, and project monitoring through the completion includes the preparation of PMP that will define the scope and schedule and will identify key project team members and stakeholders. To develop this plan, meetings are held with members of the project team to clearly identify the multiple activities required to complete the project or assignment. This will include the review and tracking of the project progress, advising the rdinate all meetings and provide written minutes documenting the meeting and the important issues discussed at the meeting. Deliverable: Project Management Plan Task 1.2 Project Meetings DEA will meet as needed with the City project manager during the progress of the design for general coordination, to discuss project design, and obtain direction from City on policy and design issues and review specific project designs and presentation of critical information. Monthly PDT meetings will be held as a conference call, at the City offices, or in the field as necessary to discuss and resolve the project designs and issues throughout the duration of the project. 1.2.1 Project Meetings/PDT Meetings DEA will organize and conduct project meetings as the work progresses. The following is an outline of the key meetings, in addition to the monthly PDT meetings, anticipated and basis of related fee for. 1. Kick-off meeting 2. Preliminary 30% Design Review (progress meeting) 3. 60% Design Review 4. 90% Design Review All meetings will be held at City of Victorville offices as needed. Deliverables: Meeting agenda and meeting minutes. 1.2.2 Preparation of Monthly Progress Reports Prepare and submit monthly progress reports summarizing the actual work performed, project issues, and status of the project schedule and budget. At minimum the reports will reflect the following: Highlights of Accomplishments Current Project Status Actual vs. Scheduled Percentages Complete by Task Explanation of Schedule Deviations Utility Coordination and Permitting Actions Taken to Mitigate Design Issues Accomplishments Planned for Next Reporting Period Actions Required by the City Deliverables: Monthly Progress Reports PHASE 1 PRELIMINARY ENGINEERING Task 1 Research/Base Map DEA will conduct a search of all available improvement plans and as-built plans from the City and County. Work in this task includes a field review to identify the existing conditions and equipment for the design of the traffic signal improvements. In addition, DEA will outline the recommended traffic signal and intersection improvements identified by the City and the County as presented in the Memorandum of Understanding between the City and County.
EXHIBIT B COST PROPOSAL, PROJECT MS26-100
30/ Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 Design of a Traffic Signal at Ridgecrest Rd. at Bluff Crest St., and Vista Point Dr. RFP # MS26-100 City of Victorville David Evans and Associates, Inc. | May 28, 2026 | 8
DEA will compile the topographic mapping conducted by the City for the design surveying necessary to facilitate the design engineering or the project. The base maps will identify the existing right-of-way, street improvements, drainage structures, fire hydrants, utility facilities, landscaping (trees), signs, street lights, and other appurtenant improvements throughout the project site. We will create the needed CADD surface files for the design of the proposed ADA ramps. From the topographic mapping, a base map at a scale of = will be prepared to present existing topography, right-of-way and property ownership/land use, and utilities for the intersection. The base map will be used for the preliminary and final engineering. Task 2 Preliminary Plans/Cost Estimates Upon the completion of the base map, DEA will prepare 30% engineered plans (preliminary plans) for the project. The preliminary plans are a very important element of the project to confirm the proposed intersection design and cost estimates. It is anticipated that the proposed improvements will be accommodated within the existing right-of-way. As part of the preliminary design, we will identify any additional easements or temporary construction approvals that may be needed for the project. These improvements will be illustrated on the preliminary plans and will identify the following: 1. Traffic Signal Improvements 2. Intersection/ADA Ramp Improvements 3. Signing and Striping Improvements 4. Safety Lighting Isolux Diagrams 5. Utility conflicts The preliminary plans and preliminary cost estimate will be presented to City staff for review and comment. Upon City concurrence of the plans, the preliminary plans will be the basis for the final designs for the recommended improvements. As part of this task, DEA will identify the pothole locations needed to verify that proposed traffic-signal pole placements do not conflict with existing utilities, and to adjust pole locations during design if conflicts are identified. A Pothole Location Map . PHASE 2 ENGINEERING DESIGN Task 1 Improvement Plans Upon the approval of the preliminary plans (30% design), work under this task is the preparation and processing of the engineering plans for the identified improvements. Plans will be prepared in accordance with City and County requirements and standards, as well as the California Manual of Uniform Traffic Control Devices (CAMUCTD). The plans will be submittal for review at the 60%, 90%, and final plan completion stages. This will allow for Caltrans and City input in the design and review of the improvement plans. The improvement plans will be prepared in AutoCAD format per current City drafting standards. Our scope and fee are based on the receipt of the City CADD files and that the files have enough topographic information for the design of the proposed ADA ramps. As such, our scope and fee do not include any additional topographic design surveying. The improvement plans are anticipated to include the following: Task 1.1 Intersection Improvement Plans The street improvement plans will be prepared for the proposed intersection improvements and will include the construction of ADA ramps at the northeast and southeast corners of the intersection and the removal and reconstruction of the applicable curb and gutter at the existing curb returns in the intersection and the median noses. The plans will be prepared in accordance with City requirements Task 1.2 Traffic Signal Plan Traffic signal plans will be prepared for the intersection. The plans will be prepared in accordance with City and Caltrans standards and requirements. The traffic signal plans will also identify the location of the needed electrical service point. Task 1.3 Signing and Striping Plans Signing and striping plans will include the upgrading of the signing and striping at the intersection, including the installation of crosswalk striping. The signing and striping plans will be prepared in accordance with City, County, and current California MUCTD requirements. The final intersection improvement plan set will include the following: 1. Title Sheet 2. Standards and Details Sheet 3. Street/Intersection Plans 4. Traffic Signal Plans 5. Traffic Signal Interconnect Plans 6. Signing and Striping Plans EXHIBIT B COST PROPOSAL, PROJECT MS26-100
31/ Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 Design of a Traffic Signal at Ridgecrest Rd. at Bluff Crest St., and Vista Point Dr. RFP # MS26-100 City of Victorville David Evans and Associates, Inc. | May 28, 2026 | 9
Task 2 Cost Estimates, Special Provisions, and Bid Documents Work under this task includes the preparation of final cost estimates and special provisions for the project. A bidding schedule and technical and special provisions will be prepared according to City specification requirements. Work in this task includes the assistance to the City for the preparation of the bid documents, which includes: Prepare technical and special provisions, using current City documents for reference. Prepare bid summary and estimate. improvements (ADA ramps), traffic signal equipment, signing and striping, and traffic control. Computations showing estimated quantiles and costs for the work will be submitted to the City for review. PHASE 3 BID AND CONSTRUCTION SUPPORT Task 1 Bid Support Services DEA will provide support to City staff in the bid process for the project. This includes attendance at the pre-bid conference and assistance to the city in the reviewing of the bids, including the preparation of any necessary bid addendum requests. This task is based on a maximum of twenty-eight workhours for the bid support, including meetings and management. Work will include the following elements as requested: Assist City in the responses to contractor comments and preparation of any necessary bid addendums. Review bids and verify recommendations for bid award. Task 2 Construction Support Services DEA will be available to assist the City staff in responding to requests for information (RFI) and/or plan clarifications during the construction process. This includes the attendance to any requested field meetings and to assist the City, including the preparation of any requested change order requests. It is anticipated some of these services can be provided through e-mail and or phone. This task is based on a maximum of thirty workhours for the construction support, including meetings and management. Work will include the following elements as requested: Attend pre-construction meeting. Review contractors shop drawings/submittals. Assist city with the preparation of any requested corrective change orders and plan changes. Task 3 As-Built Plans Upon completion of construction, DEA will prepare the as-built plans for the project. DEA will incorporate all redline comments prepared by the contractor and project inspectors on the as-built plans. The Record Drawings will be provided to the City for approval. Electronic record drawings will be provided in AutoCAD format. Task 4 Traffic Signal Timing Plans DEA will prepare and process the traffic signal timing plans for the intersection using traffic counts collected and provided by the City. We will prepare the traffic signal timing plans for the weekday AM, mid-day, and PM peak hours. The calculations will be conducted using the Synchro analysis program. The timing plans will be put into the City controller format for the City to use for the traffic signal turn on. OPTIONAL TASKS Task 1 Traffic Signal Warrant Study DEA will prepare a Traffic Signal Warrant Report presenting the anticipated project trip generation and distribution to intersection of Ridgecrest Road at Bluff Crest Street/Vista Point Drive. The report will present the traffic signal warrant worksheets and present any recommended intersection improvements and traffic signal phasing. Though the County has prepared a traffic signal warrant analysis back in 2024 for the intersection, we will prepare a comprehensive traffic signal warrant study based on current traffic counts and crash data. This report will be adequate for submittal to the City and the County. Current Traffic Counts. The City will conduct and provide daily approach, weekday a.m., mid-day, and p.m. peak hour turn movement counts at the intersection. The counts will be used for the traffic signal warrant analysis, and the requested traffic signal timing plans. The same counts will also be used for the Traffic Signal Timing Plans.
EXHIBIT B COST PROPOSAL, PROJECT MS26-100
32/ Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 Design of a Traffic Signal at Ridgecrest Rd. at Bluff Crest St., and Vista Point Dr. RFP # MS26-100 City of Victorville David Evans and Associates, Inc. | May 28, 2026 | 10
Prepare Traffic Report . Our office will prepare a Traffic Study Report presenting the data and recommended intersection geometrics and operations. The traffic report will include the traffic signal warrants and anticipated traffic operations for the intersection. Not included in this scope is the preparation of a formal Intersection Control Evaluation (ICE) or Intersection Safety and Operational Assessment Process (ISOAP) report. Task 2 Traffic Signal Interconnect Traffic signal interconnect plans will be prepared for Ridgecrest Road from Hill Crest Street to Green Tree Blvd. The plans will be prepared to provide fiber optic communications with the new traffic signal with the existing traffic signals to the south and north. The design will include a 3-inch conduit with fiber lines, spice boxes, and pull boxes where needed. The plans will be separate from the traffic signal plans so the City can bid the work as a bid alternative. The plans will be prepared in accordance with City standards and requirements. EXHIBIT B COST PROPOSAL, PROJECT MS26-100 33/ Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100 EXHIBIT B COST PROPOSAL, PROJECT MS26-100
34/ Consultant/Professional Services Provider Agreement/David Evans and Associates, Inc./Project MS26-100