Attachment C
Agreement
1 Consultant/Professional Services Provider Agreement /Dokken Engineering, Inc./Project MS26-125
CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT
BY AND BETWEEN
THE CITY OF VICTORVILLE
AND
DOKKEN ENGINEERING, INC.
FOR
PROJECT INITIATION DOCUMENTS FOR THE EUCALYPTUS STREET
EXTENSION OVER THE ORO GRANDE WASH, PROJECT MS26-125
THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “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 California, hereinafter referred to as the “City”, and Dokken Engineering, Inc., a California corporation, hereinafter referred to as “Consultant.” City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.” RECITALS:
WHEREAS, the City requires Consultant/Professional Services Provider Agreement for Project Initiation Documents For The Eucalyptus Street Extension Over The Oro Grande Wash; as described in the Request for Proposals (“RFP”) issued for Project No. MS26-125 (the “Project”); 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, Project Initiation Documents For The Eucalyptus Street Extension Over The Oro Grande Wash; 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 Exhibit “A” and incorporated as part of this Agreement by this reference. 2 Consultant/Professional Services Provider Agreement /Dokken Engineering, Inc./Project MS26-125 Section 3. COMPENSATION
The City shall pay to Consultant a sum not to exceed Four Hundred Ninety-Five Thousand, Nine Hundred Sixty-One and 00/100 Dollars ($492,961.00) 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 Exhibit “B”, below; (ii) appear on Consultant’s monthly invoices to City; (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 Exhibit “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’s invoice.
Section 5. STATE PREVAILING WAGE AND RELATED LABOR PROVISIONS a. 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., (collectively “Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects including, but not limited to, the design and preconstruction phases of a covered public works project. This Agreement is subject to Prevailing Wage Laws, for all work performed under this Agreement for which the payment of prevailing wage is required by those laws. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws. b. Pursuant to California Labor Code Section 1773, the City has obtained from the Director of the Department of Industrial Relations (“DIR”) the general prevailing rate of per diem wages and the general prevailing wage rate for holiday and overtime work applicable for each craft, classification, or type of worker in San Bernardino County, California, where this Agreement 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.
3 Consultant/Professional Services Provider Agreement /Dokken Engineering, Inc./Project MS26-125 Section 6. TERM OF AGREEMENT
This Agreement shall be for an Initial Term of one (1) year, commencing on the date of full execution of the agreement (the “Commencement Date”) and expiring on one (1) year after commencement date (the “Termination Date”) (the “Term”), 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.
The City reserves the right to extend this Agreement as necessary to allow for completion of the Scope of Work, subject to satisfactory performance as determined by the City. Any extension shall be made in writing by the City, and all terms and conditions of this Agreement shall remain in effect during the extension.
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
REGARDING INDEPENDENT CONTRACTOR’S STATUS OF
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.
(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. 4 Consultant/Professional Services Provider Agreement /Dokken Engineering, Inc./Project MS26-125 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, 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 5 Consultant/Professional Services Provider Agreement /Dokken Engineering, Inc./Project MS26-125 conditions in the same or similar locality. Such services shall also be performed in a manner which is reasonably satisfactory to Harry Mayo, Assistant 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 Harry Mayo, Assistant 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 Consultant’s services 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 shall file such Form 700 with the City Clerk’s 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.
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.
6 Consultant/Professional Services Provider Agreement /Dokken Engineering, Inc./Project MS26-125 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 Consultant’s profession shall be required and written on a policy form specifically designed 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.
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, 7 Consultant/Professional Services Provider Agreement /Dokken Engineering, Inc./Project MS26-125 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 the following provision: “For any claims related to this contract, the Consultant’s insurance 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 selfinsurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.”
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.
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, its officers, employees, representatives, and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's 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. 8 Consultant/Professional Services Provider Agreement /Dokken Engineering, Inc./Project MS26-125 b. The provisions of this Subsection b apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). 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 Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code 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 Harry Mayo, Assistant City Engineer, or his designee or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the services required by this Agreement.
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 Harry Mayo, Assistant 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. Harry Mayo, Assistant 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. 9 Consultant/Professional Services Provider Agreement /Dokken Engineering, Inc./Project MS26-125 d. Records and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to Harry Mayo, Assistant 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 Harry Mayo, Assistant 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 Harry Mayo, Assistant 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 Consultant’s services or when requested by Harry Mayo, Assistant City Engineer, or his designee Such materials may be used, reused or otherwise disposed of by the City without the permission of Consultant.
e. Consultant’s covenants under this Section 27 shall survive the termination of this Agreement.
Section 28. PRINCIPAL REPRESENTATIVES
a. John A. Klemunes Jr., PE, President 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. b. Harry Mayo, Assistant 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.
10 Consultant/Professional Services Provider Agreement /Dokken Engineering, Inc./Project MS26-125 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 Project Initiation Documents for the Eucalyptus Street Extension Over the Oro Grande Wash, 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 Exhibits “A” and “B” are 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 Exhibits “A” and “B” the terms of this Consultant/Professional Services Standard Provider Agreement shall control and nothing set forth in Exhibits “A” and “B” shall be deemed to supersede any of the provisions of this Consultant/Professional Services Standard Provider Agreement.
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: Harry Mayo, Assistant City Engineer
City of Victorville
14343 Civic Drive
Victorville, CA 92392
11 Consultant/Professional Services Provider Agreement /Dokken Engineering, Inc./Project MS26-125 To Consultant: John A. Klemunes Jr., PE, President
Dokken Engineering, Inc.
1450 Frazee Road, Suite 100
San Diego, CA 92108
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.
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.
12 Consultant/Professional Services Provider Agreement /Dokken Engineering, Inc./Project MS26-125 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.
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.
13 Consultant/Professional Services Provider Agreement /Dokken Engineering, Inc./Project MS26-125 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. ATTORNEYS’ FEES
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 be entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the 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 City’s Risk Manager, and executed by the authorized 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.
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)
14 Consultant/Professional Services Provider Agreement /Dokken Engineering, Inc./Project MS26-125 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
THE CITY OF VICTORVILLE DOKKEN ENGINEERING, INC.
By: ______________________________ By: ____________________________ Elizabeth Becerra, John A. Klemunes Jr.,
Mayor PE, 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: ___________________________
15 Consultant/Professional Services Provider Agreement /Dokken Engineering, Inc./Project MS26-125
EXHIBIT A
SCOPE OF SERVICES
See Attachment
Consultant will prepare a Project Initiation Document (PID) in the form of a Project Study Report– Project Development Support (PSR-PDS) for the proposed extension of Eucalyptus Street across the Oro Grande Wash, as described in the Project Background and Purpose section of the Request for Proposals (RFP), MS26-125. The purpose of the study is to evaluate the feasibility of providing an additional east-west access corridor to the Golden Triangle area and to develop conceptual improvement alternatives that support future project programming, environmental clearance, funding pursuits, and subsequent phases of project development.
Consultant shall perform all necessary technical studies, analyses, coordination, and documentation required to prepare a PSR-PDS utilizing applicable California Department of Transportation project development procedures, manuals, standards, policies, and guidance applicable to locally sponsored transportation infrastructure projects intended to pursue state and federal funding opportunities.
Consultant shall prepare a PSR-PDS to evaluate the feasibility of providing a new east-west transportation corridor connecting the Golden Triangle area to the existing and planned regional transportation network, including future connectivity to the proposed Eucalyptus Street / Interstate 15 (I-15) interchange area. The study shall establish the project purpose and need, evaluate conceptual improvement alternatives, identify project constraints and implementation considerations, and develop the technical information necessary to support future environmental clearance, project programming, and state and federal funding opportunities.
At a minimum, the PSR-PDS shall include, but not be limited to, the following elements:
Introduction
Provide an overview of the project, study area, project history, and purpose of the PSR-PDS.
Existing Conditions and Background
Describe existing roadway, traffic, circulation, drainage, utility, environmental, geotechnical, and land use conditions within the study area. Review relevant prior studies, planning documents, technical reports, available traffic data, survey information, mapping, and as-built records.
Purpose and Need
Identify existing and projected transportation deficiencies, operational issues, regional circulation needs, and corridor connectivity limitations supporting the proposed improvements.
Alternatives Analysis
Develop and evaluate viable conceptual alternatives for the proposed Eucalyptus Street Extension and Oro Grande Wash crossing, including alignment alternatives, bridge crossing concepts, roadway geometrics, structural considerations, and phased implementation strategies.
Traffic Operations and Regional Circulation
Evaluate existing and projected traffic conditions, roadway operations, circulation patterns, and regional connectivity within the study area. Identify anticipated operational benefits associated with the proposed improvements.
System and Regional Planning
Discuss consistency of the proposed project with applicable local, regional, and statewide transportation planning efforts, including the City’s General Plan and Circulation Element.
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16| Consultant/Professional Services Provider Agreement /Dokken Engineering, Inc./Project MS26-125 Environmental Considerations and Permitting
Identify known environmental constraints, anticipated permitting requirements, and environmental considerations associated with the proposed improvements, including potential CEQA and NEPA requirements.
Hydrology, Hydraulics, Geotechnical, and Drainage
Evaluate hydrologic and hydraulic conditions associated with the proposed Oro Grande Wash crossing and identify drainage-related constraints and design considerations. The study shall also include preliminary geotechnical evaluation and assessment of subsurface, foundation, scour, erosion, constructability, and bridge feasibility considerations necessary to support development of conceptual crossing alternatives and planning-level cost estimates.
Right-of-Way and Utilities
Identify potential right-of-way impacts, utility easements, utility conflicts, and coordination requirements associated with the proposed corridor alternatives.
Cost Estimates and Implementation Strategy
Prepare preliminary opinions of probable construction cost, identify major project risks and cost drivers, evaluate phased implementation strategies, and develop preliminary project development schedules.
Funding and Project Development
Identify opportunities and considerations associated with future state and federal funding pursuits, project programming, environmental clearance, and subsequent phases of project development.
The completed PSR-PDS will serve as the technical foundation for future environmental studies, funding applications, corridor preservation, and advancement of the proposed project into subsequent phases of design and implementation.
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17| Consultant/Professional Services Provider Agreement /Dokken Engineering, Inc./Project MS26-125 Work Plan
OVERVIEW
Dokken Engineering’s Work Plan provides the resources and expertise necessary to perform, coordinate, and manage the completion of the tasks necessary to deliver the Project Initiation Document (PID) in the form of a Project Study ReportProject Development Support (PSR-PDS) for the Eucalyptus Street Extension over the Oro Grande Wash project.
This Work Plan includes a detailed Scope of Work and List of Deliverables. In addition, the Work Plan includes services by and oversight of our specialized subconsultants.
SCOPE OF WORK
The following scope of work is interested to be comprehensive and provide the professional engineering related services necessary to deliver the project as described in our Proposal and in compliance with the City’s Request for Proposals.
TASK 1 PROJECT MANAGEMENT AND COORDINATION
Task 1.1 Project Management Plan
The Consultant will prepare a Project Management Plan that includes a list of deliverables, milestone submittal schedule, summary of organization responsibilities and contacts, specific scope of work, task budgets, reporting and invoicing procedures, quality assurance plan, and project filing system.
Task 1.2 Project Schedule
The Consultant will prepare and update a project schedule with tasks and milestones monthly. The Consultant will break down the schedule by logical tasks consistent with the Scope of Services and with enough detail to track project progress. Both a baseline schedule and tracking updates are required. The schedule must reflect realistic estimates of review periods by other agencies for tasks, such as reports, plans, permits, and coordination.
Task 1.3 Progress Reports / Monthly Status Reports
The Consultant will establish and apply internal accounting methods and procedures acceptable to the City for documenting and monitoring contract costs. The Consultant will submit a consolidated monthly invoice in a format acceptable to the City and broken down in a manner consistent with the scope of work. The Consultant shall include a progress report with the monthly invoice that reflects the work completed within the invoice period.
Task 1.4 Meeting Agendas and Meeting Minutes
The Consultant will document project meetings and prepare minutes of the meetings for City’s review within five working days after each meeting. Upon receipt of the City’s comments, if any, the Consultant shall incorporate comments into the meetings’ minutes.
• Kick-off Meeting - The Consultant shall organize an initial project meeting with the City staff to review and confirm project scope, risks, issues, assumptions and constraints as well as project schedule. • Monthly Progress Meetings - The Consultant shall conduct progress meetings (or a conference call if appropriate) with City staff monthly to review project direction and redirect some elements as necessary to ensure the project’s progress within the available budget and/or funding and schedule. The Consultant shall maintain a list of action items with projected completion dates.
Task 1.5 Coordination with City and Agencies
The Consultant shall organize additional meetings, as required, to complete the project. Additional meetings include, but are not necessarily limited to, meeting with other agencies such as SBCTA, San Bernardino County Flood Control District, resource agencies, and utility companies.
Deliverable: Project Management Plan, Project Schedule, Progress Reports, Meeting Minutes
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18| Consultant/Professional Services Provider Agreement /Dokken Engineering, Inc./Project MS26-125 TASK 2 EXISTING CONDITIONS ASSESSMENT
The Consultant team will conduct field investigations to analyze the existing conditions and identify design issues. The Consultant will record existing site conditions in drawings, photographs and/or videos.
Task 2.1 Field Reconnaissance and Existing Roadway Conditions The Consultant will conduct a site reconnaissance to identify and document any new/changed physical features, character, adjacent uses, potential design constraints, and new environmental considerations. Field information will be recorded using field notes and digital photos.
The Consultant will research and review the existing programming documentation. The Consultant will coordinate with City staff to request and obtain any new data related to the project site, including new monumentation, asbuilts from recent projects, and recent studies. The Consultant will review previously prepared preliminary engineering data, designs, PS&E, and prior recommendations.
The Consultant will evaluate existing and planned land uses within the project study area and review relevant planning considerations that influence the need, function, and development of the project. The evaluation will provide context regarding existing development patterns, planned growth, transportation demand, and regional development objectives.
The Consultant will review applicable planning documents, development approvals, and land use information from the City of Victorville and surrounding jurisdictions to establish the project's relationship to future growth and regional transportation planning initiatives.
Task 2.2 Geotechnical Conditions and Preliminary Geotechnical Evaluation The Consultant will conduct a preliminary review of existing geologic and geotechnical conditions within the project study area to identify constraints and considerations that may affect project feasibility, bridge design, and roadway design. The Consultant will review available geotechnical reports, geologic mapping, soils information, and published data applicable to the project area.
The Consultant will review available technical reports and documentation related to the project provided by the project owner and design team. The Consultant will utilize site-specific topographic information provided by the City of Victorville. The Consultant will review published geologic maps, and other literature pertaining to the area of the proposed improvements to aid in evaluating geologic conditions and/or hazards that may be present. The Consultant will perform a site visit to review project limits, observe site conditions, site geology, and surrounding site conditions.
The Consultant will evaluate the site observations and research and prepare a feasibility-level report to include (but not be limited to) the following:
• Scope of work summary, project description, and field observation summary. • Site Plan showing location of the study area.
• Discussion of site geology and anticipated subsurface conditions. • Discussion of seismic hazards that may affect the project (i.e. faulting, slope stability, liquefaction, lateral spreading, etc.).
• Discussion of soil corrosion as it may relate to the proposed project. • Discussion of potential foundation types for support of bridge structures (i.e. driven piles, CIDH piles, spread footings, etc.).
• Discussion of anticipated earthwork and soil excavation characteristics. • Discussion of construction considerations, as appropriate, based on available information.
The geotechnical feasibility effort will be consistent with a Caltrans Structure Preliminary Geotechnical Report (SPGR).
Task 2.3 Utilities Research and Base Mapping
The Consultant will conduct existing utility research for all utilities within the project limits to identify, locate, and accurately layout the underground improvements. The Consultant will provide preliminary notification letters to the utilities and request current information. The letter will request acknowledgement of the presence of utility owner’s facilities. In addition, a request for any available as-builts will be included. Any utility owners that claim they do not have utilities within the project area will be requested to confirm in writing. The utility letter “A” notification will be
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19| Consultant/Professional Services Provider Agreement /Dokken Engineering, Inc./Project MS26-125 used. The Consultant will prepare a Utility Base Map from the As-builts received from the “A” Letters depicting all known existing utility facilities from record research and field verification.
Task 2.4 Environmental Constraints
The Consultant will identify environmental resources located within the project area in support of the PSR/PDS, as shown in Tasks 6.1 through 6.5. The Consultant will search the applicable environmental resource databases to obtain additional information on resources known within the project site. The Consultant will prepare an exhibit identifying the environmental resources located within the project area which will be used to help inform the design team of the location of the resources so that they can work to avoid or minimize impacts.
Deliverable: Existing Conditions Discussion summarizing the findings from Tasks 2.1 thru 2.4 for inclusion in the PSR-PDS, Utility “A” Letters, Caltrans Structure Preliminary Geotechnical Report (SPGR).
TASK 3 PURPOSE AND NEED ANALYSIS AND SYSTEM AND REGIONAL PLANNING
CONSISTENCY
The Consultant shall prepare a comprehensive Purpose and Need Analysis to establish the transportation justification for the proposed Eucalyptus Street Extension and bridge crossing of the Oro Grande Wash. The analysis will identify existing and future transportation deficiencies, regional circulation needs, connectivity limitations, and operational deficiencies affecting the project area. The Purpose and Need Analysis will be developed in accordance with Caltrans Project Initiation Document (PID) guidance and will support the selection and evaluation of project alternatives throughout the PSR-PDS process.
The Purpose and Need statement will provide a clear justification for advancing the project into future environmental and design phases, while supporting future funding applications and programming efforts.
The Consultant will evaluate the proposed project for consistency with applicable local, regional, state, and federal transportation planning documents, policies, and mobility objectives. This task will evaluate how the proposed project supports the City of Victorville's long-range transportation vision, planned land use development, regional mobility goals, and future transportation investments.
The Consultant will review and evaluate relevant planning documents, including the City of Victorville General Plan, Circulation Element, Southern California Association of Governments (SCAG) Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS), Caltrans planning guidance, and other applicable state and federal transportation planning programs. The evaluation will identify transportation goals, policies, and planned improvements that support the proposed project and demonstrate how the project will address current and future mobility needs within the Victor Valley region.
Deliverable: Purpose and Need Statement and System and Regional Planning Consistency Assessment for inclusion in the PSRPDS.
TASK 4 TRAFFIC OPERATIONS AND REGIONAL CIRCULATION ANALYSIS Task 4.1 Traffic Circulation Conditions
The Consultant will prepare a Scoping Agreement. The City of Victorville requires submittal and approval of a traffic study “scoping agreement” in accordance with the city and/or San Bernardino County traffic impact analysis preparation guidelines. Information included in the scoping agreement includes:
• Identification of a proposed study area and transportation infrastructure to be analyzed including intersections and roadway segments, and data required for analysis. • Description of near-term and long-term analysis scenarios and the methodologies for developing traffic forecasts.
• Identification of performance measures and methods used to predict and calculate measures. • Description of special analyses to address capacity, access, circulation, or safety issues. • Screening for determining potential need to analyze Vehicle Miles Traveled (VMT) for transportation projects under CEQA that add vehicular capacity.
The Consultant will collect and review existing data. The Consultant will obtain and review available documents and data to extract relevant information and usable data for preparing the transportation analysis.
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20| Consultant/Professional Services Provider Agreement /Dokken Engineering, Inc./Project MS26-125 • Review available existing traffic data including traffic counts, peak hour congestion performance measures, travel patterns and previous forecasts. Traffic counts that meet the city’s guidelines for usability will be summarized.
• Review existing traffic studies for recent development projects east and west of the Oro Grande Wash.
Obtain data from applicable traffic studies prepared for nearby development for use in developing background No-Build condition traffic forecasts.
• Identify programmed transportation capital infrastructure projects that will affect travel patterns and capacity within the study area.
• Request information regarding planned / approved development in the vicinity of the study area from Victorville and Hesperia Planning Departments.
• Conduct intersection turning movement counts (initially proposed for 15 intersections), and 24-hour machine counts (initially proposed for 8 roadway segments). • Obtain traffic signal timing plans from responsible agencies including Victorville, Hesperia, and Caltrans.
Task 4.2 Existing Traffic Analysis
The Consultant will conduct comprehensive documentation and assessment of existing traffic and multi-modal transportation facilities. This task is comprised of the following:
• Prepare maps identifying existing multi-modal transportation facilities include roadways (and Functional Classification), truck routes, intersection, bikeways, sidewalks, transit routes and stops, etc. • Conduct transportation network analysis that involves modeling existing traffic and multi-modal network, connectivity, and traffic patterns, and assess traffic flows within and external to the study area. • Evaluate the capacity and performance of existing transportation infrastructure, including major roadway segments (HCM Arterials Module) and signalized intersections (HCM Signalized Intersection Module). • Summarize data and analysis to support preparation of the Purpose and Need statement.
Task 4.3 Future Traffic Projections
This series of subtasks comprises the primary objectives of the traffic study—to identify conditions without and with the proposed wash crossing and justify its implementation and determine when the crossing will be needed based on traffic performance measures established in the scoping agreement. Traffic performance measures will be a combination of roadway performance (i.e., delay, travel time, etc.) and intersection performance (i.e., delay, level of service, vehicle queuing, etc.) on parallel / critical corridors such as Bear Valley Road, Sycamore Street, Amethyst Road, Topaz Road, Amargosa Road, etc. This task is comprised of the following:
• Develop models for the following analysis scenarios as approved in the scoping agreement (AM and PM peak hour analysis). Although the I-15 / Eucalyptus Street interchange is not a programmed improvement, its influence on the design of the wash crossing warrants the long-term future analysis includes scenarios with and without the interchange.
o Near-term / opening year (e.g., 2030) No-Build conditions o Near-term / opening year Build conditions
o Long-term / future year (e.g., 2050) No-Build conditions o Long-term / future year No-Build conditions (with proposed I-15 / Eucalyptus Street interchange) o Long-term / future year (e.g., 2050) Build conditions o Long-term / future year Build conditions (with proposed I-15 / Eucalyptus Street interchange) • Develop traffic forecasts based on proposed development, regional growth, land use plans, and other data to estimate future traffic demand;
o Prepare near-term / opening year forecasts based on growth factors and planned and approved development in the vicinity of the project (No-Build and Build) conforming to the city and county guidelines.
o Prepare future year forecasts based on SBCTA’s current regional travel demand model (SBTAM+) with and without the I-15 / Eucalyptus Street interchange (No-Build and Build). DEA’s vendor (GTS) will modify the SBTAM model network to represent the appropriate scenarios including the Eucalyptus Street wash crossing and the I-15 / Eucalyptus Street interchange. DEA will post-process the model traffic projections to derive peak hour roadway segment and intersection turning movements.
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21| Consultant/Professional Services Provider Agreement /Dokken Engineering, Inc./Project MS26-125 Task 4.4 Level of Service / Operational Evaluation, Connectivity Analysis, Regional Circulation Benefits The Consultant will analyze No-Build condition performance measures for traffic flow, delay, travel time, level of service, vehicle queueing and connectivity with and without the I-15 / Eucalyptus Street interchange.
The Consultant will analyze Build condition performance measures and prepare a comparative assessment of the No-Build and Build conditions with and without the I-15 / Eucalyptus Street interchange.
The Consultant will interpolate performance data between opening year and future conditions of the surrounding critical corridors to identify the year when the wash crossing will be required.
The Consultant will work with the design team to identify and qualitatively evaluate / compare alternatives to the proposed wash crossing bridge, including the No-Build option and improvements to existing parallel / nearby infrastructure in critical corridors.
The Consultant will evaluate existing and future transportation network connectivity within the study area and assess the extent to which the proposed Eucalyptus Street Extension improves access, mobility, network redundancy, and travel patterns between the east and west sides of the Oro Grande Wash. The analysis will quantify the connectivity benefits associated with the proposed wash crossing and identify improvements to local and regional circulation.
The Consultant will evaluate the regional circulation benefits associated with the proposed Eucalyptus Street Extension and bridge crossing of the Oro Grande Wash. The analysis will assess how the project contributes to the long-term transportation network, supports planned growth, improves regional mobility, and enhances transportation system performance within the Victor Valley region.
The Consultant will document the traffic analysis in a comprehensive Draft Transportation Analysis Report, respond to one round of city / agency comments and produce a Final Transportation Analysis Report.
Deliverable: Traffic Study Scoping Agreement, Draft and Final Transportation Analysis Report TASK 5 ALTERNATIVES ANALYSIS
The Consultant will develop and evaluate alternatives for the proposed Eucalyptus Street Extension over the Oro Grande Wash project. Alternatives will consider traffic operations, bridge feasibility, environmental constraints, utility impacts, rightof-way requirements, hydraulic considerations, constructability, phasing opportunities, and project costs.
Task 5.1 Alignment Alternatives and Roadway Geometric Concepts The Consultant will prepare conceptual roadway geometric layouts for each alignment alternative (up to three), including horizontal alignments, vertical roadway profiles, typical sections, intersection layouts, preliminary grading, according to City of Victorville design standards. Alignment concepts will be developed considering existing topography, planned development, utility corridors, environmental constraints, hydraulic requirements, and compatibility with the proposed Eucalyptus Street/I-15 Interchange improvements. Typical conceptual roadway sections will illustrate proposed roadway configurations, travel lanes, medians, shoulders, and multi-modal facilities.
Roadway geometrics will be developed to support alternative evaluations, cost estimating, and project feasibility assessments.
Task 5.2 Bridge Crossing / Structure Concepts and Bridge Feasibility Considerations The Consultant will develop bridge crossing concepts considering the Oro Grande Wash floodplain hydraulics along with horizontal and vertical constraints presented by the overhead electrical power transmission towers and lines.
Bridge limits will be determined in coordination with the Drainage and Hydrology studies to have a crossing that adequately spans the 1,000-yr storm water surface area while minimizing construction costs and impacts to the existing flood plain. Limits of Earth Retaining Structures beyond the bridge crossing will be developed in coordination with roadway alignment and vertical profile concepts to capture the roadway embankment and excavation impacts and construction costs inside and outside the Oro Grande Wash.
The Consultant will analyze each alignment alternative considering the horizontal alignment and vertical profile in relation to site topography, right-of-way impacts, environmental constraints, hydraulic parameters, anticipated scour at bridge supports, site geology, seismicity, and subsurface conditions for potential foundation supports to determine construction feasibility and cost implications supporting each alternative. A site visit will be conducted
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22| Consultant/Professional Services Provider Agreement /Dokken Engineering, Inc./Project MS26-125 with the Project Team discipline leads (Civil, Utilities, Environmental, Geotechnical, Hydraulics, and Right-of-Way) to assist in developing an understanding of the site constraints and construction equipment access to the Oro Grande Wash. This discussion will be included in the PSR-PDS document.
Bridge Crossing Concept Exhibits will be prepared showing the proposed bridge limits, typical section, intermediate support pier locations within the Oro Grande Wash, foundation types, existing utility constraints, and the 1,000-year water surface elevation for three (3) alignment alternatives. Earth Retaining Structures supporting the roadway approach to the bridge will be shown detailing the proposed wall lengths, heights, and anticipated wall types. Cost summaries for the proposed bridge and earth retaining structures will be summarized on the exhibits.
Task 5.3 Phasing Alternatives
The Consultant will evaluate opportunities for phased project implementation and identify logical construction and funding phases. Potential phasing scenarios will consider roadway connections, bridge construction sequencing, operational effectiveness, funding availability, and implementation constraints.
The Consultant will also prepare conceptual phasing exhibits illustrating potential implementation scenarios, logical project phases, and opportunities for staged construction and funding.
Task 5.4 Screening/Evaluation Matrix
The Consultant will develop screening criteria and prepare an evaluation matrix to compare alternatives. Criteria may include:
• Forecasted Traffic Operations and Analysis
• Regional Circulation Benefits
• Multi-modal Improvements
• Environmental Constraints
• Utility Impacts
• Right-of-way Impacts
• Hydraulic Considerations
• Constructability
• Cost Effectiveness
The Consultant will evaluate the constructability of the proposed Eucalyptus Street Extension and bridge crossing alternatives to identify construction challenges, access constraints, staging requirements, and implementation risks that may affect project feasibility, cost, schedule, and alternative selection. The evaluation will build upon the findings from the hydrologic, hydraulic, geotechnical, environmental, utility, and right-of-way assessments and will provide planning-level recommendations for future project development.
The Consultant will assess the practical aspects of constructing each alternative and identify factors that may influence design decisions, construction sequencing, permitting requirements, and overall project delivery.
The screening/evaluation matrix will document advantages, disadvantages, opportunities, and constraints associated with each alternative (up to three).
Based on the results of the Screening/Evaluation Matrix and input from project stakeholders, the Consultant will assist the City with selecting a preferred alternative to be carried forward for conceptual engineering, cost estimating, environmental analysis, and inclusion in the PSR-PDS.
Deliverable: Alignment Alternative and Conceptual Geometric Exhibits; Bridge Crossing and Structure Concept Exhibits; Conceptual Phasing Exhibits; Screening/Evaluation Matrix TASK 6 ENVIRONMENTAL CONSTRAINTS AND PERMITTING ASSESSMENT An Environmental Constraints and Permitting Memorandum (ECPM) will be prepared that identifies known environmental considerations and constraints within the project area (see Task 2.4), biological constraints (see Task
6.2), cultural resource constraints (see Task 6.3), permitting requirements (see Task 6.4) and regulatory agency coordination needs (see Task 6.5).
Task 6.1 Preliminary CEQA/NEPA Considerations
The requirements associated with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) processes will be identified, including the appropriate level of environmental review and documentation. In addition, the type and scope of technical studies required to support the environmental documents will be determined to ensure compliance with applicable regulatory requirements and provide an adequate basis for environmental analysis. The effort of preparing the ECPM that summarizes all environmental
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23| Consultant/Professional Services Provider Agreement /Dokken Engineering, Inc./Project MS26-125 resources and requirements is included in this task. Also, a Caltrans Preliminary Environmental Study (PES) Form will be included as an attachment to the ECPM. The PES documents project features as they relate to environmental impacts and sets the stage for which documents will be required by Caltrans to complete the NEPA process.
Task 6.2 Biological Constraints
The Consultant will conduct a field visit to identify the biological constraints (including Joshua Trees, Yucca brevifolia, and Mohave ground squirrel (Xerospermophilus mohavensi), and other flora and fauna) within the project area.
Research with California Department of Fish and Wildlife and MGS experts will be done to determine potential presence within the project area and ways to minimize impacts in future project phases. The native communities and resources within and adjacent to the Oro Grande Wash will be summarized.
Task 6.3 Cultural Resources Constraints
The Consultant will prepare a summary of background research and potential cultural resources within the project area, including pre-contact, post-contact, and built environment resources, such as structures that are over 50 years of age or older. The summary will outline cultural resource constraints and provide an overview of existing conditions within the project vicinity. Further, Native American Tribes with traditional or cultural affiliation to the project area will be identified and summarized, including consideration of applicable tribal consultation requirements.
Task 6.4 Permitting Requirements
The Consultant will identify which permits / approvals will be required from several agencies. For this project, the Consultant anticipates that permits / approvals will be required from the following agencies: Lahontan Regional Water Quality Control Board, the California Department of Fish and Wildlife Region 6 (Inland Deserts Region), United States Fish and Wildlife Service, and the San Bernardino County Flood Control District. Due to recent regulatory changes, a permit / approval from the U.S. Army Corps of Engineers is not anticipated to be needed.
Task 6.5 Regulatory Agency Coordination Needs
The Consultant will identify what coordination with the regulatory agencies will be needed as part of the project. It is anticipated that coordination will be required with the Lahontan Regional Water Quality Control Board, the California Department of Fish and Wildlife Region 6 (Inland Deserts Region), United States Fish and Wildlife Service, and the San Bernardino County Flood Control District.
Deliverable: Draft and Final Environmental Constraints and Permitting Memorandum (which will include the PES Form as an attachment)
TASK 7 HYDROLOGY, HYDRAULIC, AND DRAINAGE EVALUATION
Task 7.1 Existing Drainage and Hydrology
The Consultant will evaluate existing drainage, hydrologic, and hydraulic conditions within the project study area with emphasis on the proposed Eucalyptus Street crossing of the Oro Grande Wash. The evaluation will identify drainage facilities, floodplain constraints, water conveyance features, and hydrologic conditions that may influence project development, bridge feasibility, roadway alignment alternatives, and future environmental documentation.
The Consultant will collect and review available hydrologic and hydraulic information, including floodplain mapping, drainage studies, watershed data, hydrology reports, FEMA mapping, and available agency records. A field reconnaissance will be conducted to verify existing drainage features and identify potential constraints affecting the project.
Task 7.2 Oro Grande Wash Hydrologic and Hydraulic Analysis and Scour Mitigation The Consultant will investigate and develop hydrologic analysis of the Oro Grande Wash as needed to develop PSRPDS-level hydraulic analysis of a crossing. The Consultant has reviewed available information from San Bernardino County Flood Control and will use this as the basis of the analysis. The Consultant will develop flow rates for the 10, 50, 100, 500, and 1000-yr storm event.
The Consultant will analyze up to three (3) alternatives of crossing over the Oro Grande Wash at a PSR-PDS level of detail. The focus of this exercise will be to understand the hydraulic impacts of each alternative. Basic scour analysis will be performed using data available from either preliminary geotechnical investigations or already published NRCS
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24| Consultant/Professional Services Provider Agreement /Dokken Engineering, Inc./Project MS26-125 Soil Database parameters. A memorandum summarizing the hydraulic modeling will be prepared for inclusion in the PSR-PDS.
Task 7.3 Roadway Drainage and Water Quality
The Consultant will prepare preliminary roadway drainage and water quality investigations as needed to understand drainage-related constraints, costs, and design considerations for the project based on local, state, and federal regulations. A write-up on this topic will be provided for inclusion in the PSR-PDS.
Deliverable: Draft and Final Hydrologic and Hydraulic Analysis Memorandum, Bridge Feasibility and Constructability Considerations discussion for inclusion in the PSR-PDS Report.
TASK 8 RIGHT-OF-WAY AND UTILITY ASSESSMENT
Task 8.1 Project Right-of-way and Easement Identification The Consultant will identify existing and required right-of-way necessary to accommodate the proposed Eucalyptus Street Extension and associated bridge crossing for up to three alternatives. The Consultant will review available mapping, assessor parcel data, existing right-of-way records, roadway dedications, and other available property information to establish existing right-of-way limits and determine potential property impacts associated with each project alternative.
The Consultant will evaluate easement requirements associated with the proposed Eucalyptus Street Extension and bridge crossing alternatives to identify property rights necessary to accommodate construction, operation, maintenance, drainage, utilities, and associated project improvements. The evaluation will be performed for up to three alignment alternatives. The Consultant will review conceptual roadway alignments, bridge crossing concepts, retaining wall locations, drainage facilities, utility corridors, grading limits, and construction access needs to identify potential easement requirements beyond proposed road easement or fee right-of-way acquisitions. The evaluation will consider both temporary and permanent easement needs. The Consultant will identify project features that may require easements and minimize potential property impacts where feasible.
The Consultant will prepare a Right-of-Way Requirements Map exhibit that illustrates the existing right-of-way information, identifies assessor parcel numbers (APN)s, and shows available property ownership information. The exhibit will identify parcels potentially affected by each alignment alternative and show future right-of-way needs.
The right-of-way assessment will support alternative evaluation and cost estimating.
Task 8.2 Right-of-Way Impact Analysis and Costs
Dokken Engineering will provide acquisition cost estimates by analyzing the parcels being impacted by the alignment.
Dokken will review recent sales data and provide an estimate of total acquisition costs based upon revised permanent and temporary impact areas provided by the client. This information will be summarized in a table and includes the total cost for all acquisition and relocation.
Acquisition and relocation cost estimates will be developed for parcels potentially affected by Alignments 1, 2, and
3. Across the three alignments, up to twenty (20) parcels have been identified for potential impact, including APNS 0405-322-05, 0405-451-01, 0405-451-02, 0405-451-03, 0405-451-04, 0405-451-49, 0405-451-46, 0405-451-47, 0405-451-07, 0405-451-08, 0405-451-54, 3072-201-08, 3072-201-09, 3072-201-10, 3072-201-19, 3072-201-17, 3072-331-04, 3072-201-15, 3072-181-21, and 3072-181-20. Planning-level relocation cost estimates will be prepared for APNs 0405-451-47, 0405-451-07, and 3072-201-19, which have the potential for residential relocation under one or more alignment alternatives. Acquisition and relocation cost estimates will be based on available ownership information, recent sales data, and the proposed permanent and temporary impact areas provided by the Client. Estimated costs will be summarized by alignment alternative and will include anticipated acquisition and relocation costs to support project planning, alternative evaluation, and future right of way decisions.
Task 8.3 Obtain Title Reports/Title Research and Determine Easements Required The Consultant will obtain title reports for the twenty (20) Parcels that have been identified for potential impact.
The Consultant will perform all necessary research for each parcel being acquired. Agents may resolve or oversee resolution of problems relating to unusual circumstances regarding title or ownership and uncover any flaws, noting any exceptions pertaining to property such as mortgage liens, restrictions, easements, and rights of way.
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25| Consultant/Professional Services Provider Agreement /Dokken Engineering, Inc./Project MS26-125 Dokken will review preliminary title reports and any preliminary right of way line work to determine what easements will be required. Dokken will also review available street dedication records and coordinate with the City to confirm whether existing dedications have been accepted and to identify any right of way considerations affecting the proposed alternatives.
Task 8.5 Utility Conflicts
The Consultant will evaluate utility coordination requirements associated with the proposed Eucalyptus Street Extension alternatives. The Consultant will identify utility owners within the project corridor and assess potential impacts to water, sewer, storm drain, electrical transmission, natural gas, telecommunications, fiber optic, and other utility facilities. The assessment will identify facilities requiring avoidance, protection, relocation, or further coordination during subsequent project development phases. Utility coordination requirements and potential utility-related risks will be documented to support alternative screening, cost estimating, and implementation planning.
Based on the information gathered and utility base mapping prepared in Task 2.3, the Consultant will prepare utility exhibits to illustrate known utility facilities, major utility corridors, anticipated utility conflicts, and potential relocation requirements associated with each alternative. The Consultant will prepare a utility conflict matrix highlighting the location of identified conflicts for each alignment alternative (up to three alignments).
Deliverable: Conceptual Right-of-Way Requirements Map Exhibit, Right of Way Impact and Cost Analysis for three Alignments, Preliminary Title Report Research for Three (3) Alignments, Utility Conflict Maps, Utility Coordination discussion for inclusion in the PSR-PDS
TASK 9 DRAFT PSR-PDS PREPARATION
The Consultant will prepare a Draft PSR-PDS for City review. The Draft PSR-PDS will include the following discussions:
Introduction: Provide an overview of the project, study area, project history, and purpose of the PSR-PDS.
Existing Conditions and Background: Describe existing roadway, traffic, circulation, drainage, utility, environmental, geotechnical, and land use conditions within the study area. Review relevant prior studies, planning documents, technical reports, available traffic data, survey information, mapping, and as-built records.
Purpose and Need: Identify existing and projected transportation deficiencies, operational issues, regional circulation needs, and corridor connectivity limitations supporting the proposed improvements.
Alternatives Analysis: Develop and evaluate viable conceptual alternatives for the proposed Eucalyptus Street Extension and Oro Grande Wash crossing, including alignment alternatives, bridge crossing concepts, roadway geometrics, structural considerations, and phased implementation strategies.
Traffic Operations and Regional Circulation: Evaluate existing and projected traffic conditions, roadway operations, circulation patterns, and regional connectivity within the study area. Identify anticipated operational benefits associated with the proposed improvements.
System and Regional Planning: Discuss consistency of the proposed project with applicable local, regional, and statewide transportation planning efforts, including the City’s General Plan and Circulation Element.
Environmental Considerations and Permitting: Identify known environmental constraints, anticipated permitting requirements, and environmental considerations associated with the proposed improvements, including potential CEQA and NEPA requirements.
Hydrology, Hydraulics, Geotechnical, and Drainage: Evaluate hydrologic and hydraulic conditions associated with the proposed Oro Grande Wash crossing and identify drainage-related constraints and design considerations. The study shall also include preliminary geotechnical evaluation and assessment of subsurface, foundation, scour, erosion, constructability, and bridge feasibility considerations necessary to support development of conceptual crossing alternatives and planning-level cost estimates.
Right-of-Way and Utilities: Identify potential right-of-way impacts, utility easements, utility conflicts, and coordination requirements associated with the proposed corridor alternatives.
Cost Estimates and Implementation Strategy: Prepare preliminary opinions of probable construction cost, identify major project risks and cost drivers, evaluate phased implementation strategies, and develop preliminary project
EXHIBIT A
SCOPE OF SERVICES, PROJECT MS26-125
26| Consultant/Professional Services Provider Agreement /Dokken Engineering, Inc./Project MS26-125 development schedules. The Consultant shall utilize the preferred alternative developed during the PSR-PDS process and prepare cost estimates and implementation recommendations consistent with Caltrans Project Initiation Document (PID) guidance and industry best practices.
Funding and Project Development: Identify opportunities and considerations associated with future state and federal funding pursuits, project programming, environmental clearance, and subsequent phases of project development. The Consultant shall develop a Funding and Project Development Strategy to identify potential funding opportunities, establish a project advancement roadmap, and provide recommendations for progressing the PSR-PDS into the Project Approval/Environmental Document, Design, Right-of-Way Acquisition, and Construction phases. The evaluation will identify funding sources that are compatible with the project's purpose, anticipated benefits, and implementation schedule, while providing a framework for future project delivery.
The Consultant shall review applicable state and federal transportation funding program opportunities, assess project eligibility and competitiveness, evaluate programming considerations, identify the environmental and project development activities required to advance the project to implementation in order to provide next phase recommendations.
The completed PSR-PDS will serve as the technical foundation for future environmental studies, funding applications, corridor preservation, and advancement of the proposed project into subsequent phases of design and implementation.
Deliverable: Draft PSR-PDS (PDF and supporting electronic files) TASK 10 FINAL PSR-PDS PREPARATION
The Consultant will prepare the Final Project Study Report–Project Development Support (PSR-PDS) following review of the Draft PSR-PDS by the City of Victorville. The Consultant will respond to review comments and revise the document, as necessary, to address City and stakeholder input and incorporate final technical findings.
The Consultant will update the PSR-PDS to reflect the Recommended Preferred Alternative as selected by the City of Victorville, final technical evaluations, planning-level cost estimates, implementation strategy, environmental considerations, right-of-way impacts, utility coordination requirements, and funding recommendations. All supporting exhibits, figures, maps, tables, and appendices will be finalized and incorporated into the report.
The Final PSR-PDS will be prepared in general conformance with Caltrans Project Initiation Document (PID) requirements and applicable PSR-PDS guidance. The Consultant will prepare a comment-response matrix documenting all comments received and their disposition in the Final PSR-PDS. The report will be finalized, signed, and stamped by a Professional Engineer.
Deliverable: Final signed/stamped PSR-PDS incorporating City comments and compliant with Caltrans procedures
EXHIBIT A
SCOPE OF SERVICES, PROJECT MS26-125
27| Consultant/Professional Services Provider Agreement /Dokken Engineering, Inc./Project MS26-125 28 Consultant/Professional Services Provider Agreement /Dokken Engineering, Inc./Project MS26-125
EXHIBIT B
COST PROPOSAL
See Attachment
COST PROPOSAL ‐ HOURS BREAKDOWN BY TASK
CITY OF VICTORVILLE
EUCALYPTUS STREET EXTENSION OVER THE ORO GRANDE WASH
BILLING RATES*
Task 1 Project Management and Coordination 194 $48,950 194 $48,950 Task 1.1 Project Management Plan 18 $5,490 18 $5,490
Task 1.2 Project Schedule 10 $3,050 10 $3,050
Task 1.3 Progress Reports / Monthly Status Reports 18 $4,890 18 $4,890 Task 1.4 Meeting Agendas and Meeting Minutes 68 $15,240 68 $15,240 Task 1.5 Coordination with City and Agencies 80 $20,280 80 $20,280 Task 2 Existing Conditions Assessment 146 $26,830 48 $160 $7,640 194 $160 $34,470 Task 2.1 Field Reconnaissance and Existing Roadway
Conditions 60 $10,500 60 $10,500
Task 2.2 Geotechnical Conditions and Preliminary Geotechnical Evaluation 16 $3,860 48 $160 $7,640 64 $160 $11,500
Task 2.3 Utilities Research and Base Mapping 42 $7,530 42 $7,530 Task 2.4 Environmental Constraints 28 $4,940 28 $4,940
Task 3 Purpose and Need Analysis and System and Regional Planning Consistency 62 $11,460 62 $11,460
Task 4 Traffic Operations and Regional Circulation Analysis 84 $16,840 377 $13,400 $76,226 461 $13,400 $93,066 Task 4.1 Traffic Circulation Conditions 10 $2,030 100 $3,900 $21,581 110 $3,900 $23,611 Task 4.2 Existing Traffic Analysis 4 $1,020 48 $7,402 52 $8,422 Task 4.3 Future Traffic Projections 6 $1,430 144 $9,500 $31,536 150 $9,500 $32,966 Task 4.4 Level of Service / Operational Evaluation, Connectivity Analysis, Regional Circulation Benefits 64 $12,360 85 $15,707 149 $28,067 Task 5 Alternatives Analysis 484 $94,600 484 $94,600
Task 5.1 Alignment Alternatives and Roadway Geometric
Concepts 210 $40,350 210 $40,350
Task 5.2 Bridge Crossing / Structure Concepts and Bridge Feasibility Considerations 164 $32,020 164 $32,020
Task 5.3 Phasing Alternatives 38 $7,370 38 $7,370
Task 5.4 Screening / Evaluation Matrix 72 $14,860 72 $14,860 Task 6 Environmental Constraints and Permitting Memorandum 174 $1,000 $29,690 174 $1,000 $29,690 Task 6.1 Preliminary CEQA/NEPA Considerations 65 $9,585 65 $9,585 Task 6.2 Biological Constraints 47 $7,355 47 $7,355
Task 6.3 Cultural Resources Constraints 36 $1,000 $8,180 36 $1,000 $8,180 Task 6.4 Permitting Requirements 13 $2,285 13 $2,285
Task 6.5 Regulatory Agency Coordination Needs 13 $2,285 13 $2,285 Task 7 Hydrology, Hydraulic, and Drainage Evaluation 217 $46,495 217 $46,495 Task 7.1 Existing Drainage and Hydrology 22 $5,110 22 $5,110 Task 7.2 Oro Grande Wash Hydrologic and Hydraulic Analysis and Scour Mitigation 136 $29,320 136 $29,320
Task 7.3 Roadway Drainage and Water Quality 59 $12,065 59 $12,065 Task 8 Right‐of‐Way and Utility Assessment 408 $18,000 $87,540 408 $18,000 $87,540 Task 8.1 Project Right‐of‐Way and Easement Identification 76 $15,260 76 $15,260 Task 8.2 Right‐of‐Way Impact Analysis and Costs 82 $9,710 82 $9,710 Task 8.3 Obtain Title Reports / Title Research and Determine Easements Required 80 $18,000 $29,640 80 $18,000 $29,640 Task 8.4 Utility Conflicts 170 $32,930 170 $32,930
Task 9 Draft PSR‐PDS Preparation 162 $33,130 162 $33,130 Task 10 Final PSR‐PDS Preparation 64 $13,560 64 $13,560 TOTAL HOURS 1,995 377 48 2,420
TOTAL COST $19,000 $409,095 $13,400 $76,226 $160 $7,640 $32,560 $492,961 OTHER
DIRECT
COST
GRAND
TOTAL
COSTS
OTHER
DIRECT
COSTS
GRAND
TOTAL
HOURS
TASK DESCRIPTION
GEOCON CONSULTANTS,
INC.
TOTAL
HOURS
OTHER
DIRECT
COST
TOTAL
COST
TOTAL
COST
TOTAL
HOURS
OTHER
DIRECT
COST
DAVID EVANS AND
ASSOCIATES, INC.
TOTAL
HOURS
TOTAL
COST
DOKKEN ENGINEERING
EXHIBIT B
COST PROPOSAL, PROJECT MS26-125
29| Consultant/Professional Services Provider Agreement /Dokken Engineering, Inc./Project MS26-125