Agenda packet — Yucca Valley City Council, October 20, 2026 (part 3 of 4)

RFP for Civil Engineering Design Services for Yucca Trail Widening Project – Palomar Avenue to La Contenta Road

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insurance, and all similar matters.

All services to be rendered under the Agreement by the Contractor shall be subject to the control of the Town. Contractor shall advise the Town of matters of importance and make recommendations when appropriate; however, final authority shall rest with the Town.

Term of Agreement
The Agreement awarded to the successful Contractor under this RFP shall be for a period of two (2) years and may be extended for an additional two (2) years upon the mutual consent of both parties.

Termination
The Town of Yucca Valley, or the Contractor, may terminate this agreement at any time during the term, upon thirty (30) days prior written notice to the other party without further liability.

DISCLAIMER
This Request for Proposal does not commit the Town to award a contract, or to pay any costs incurred in the preparation of the proposal. The Town reserves the right to extend the due date for the proposal; to accept or reject any or all proposals received as a result of this request; to negotiate with any qualified Contractor; to cancel this Request for Proposal in part or in its entirety; and to procure alternate or additional services. The Town may require the selected Contractor to participate in negotiations and to submit such technical fees or other revisions of their proposals as may result from negotiations.

It is the responsibility of the Contractor and/or individual to inquire about any requirement of this RFP that is not understood. If responses to inquiries change or clarify the RFP in a substantial manner, the changes will be forwarded by addenda to all parties that have received a copy of the RFP. The Town will not be bound by oral or written responses to inquiries other than those made by addenda.

Inquiries about the RFP must be made to:

Alex Qishta, P.E.

Public Works Director
Town of Yucca Valley
58928 Business Center Drive
Yucca Valley, CA 92284
(760) 369-6579 x304
[email protected]

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RFP for Civil Engineering Design Services for Yucca Trail Widening Project – Palomar Avenue to La Contenta Road

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APPENDIX A – PROJECT SITE PLAN

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RFP for Civil Engineering Design Services for Yucca Trail Widening Project – Palomar Avenue to La Contenta Road

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APPENDIX B – STREET TYPICAL SECTION – 100’ RIGHT OF WAY

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RFP for Civil Engineering Design Services for Yucca Trail Widening Project – Palomar Avenue to La Contenta Road

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APPENDIX C – STREET TYPICAL SECTION – 66’ RIGHT OF WAY

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RFP for Civil Engineering Design Services for Yucca Trail Widening Project – Palomar Avenue to La Contenta Road

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APPENDIX D – DESIGN PROFESSIONAL SERVICES CONTRACT AGREEMENT

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RIV #4816-1566-8841 v1//August 2023 (3.28.2024)

DESIGN PROFESSIONAL SERVICES AGREEMENT

FOR CIVIL ENGINEERING DESIGN SERVICES
By and Between

THE TOWN OF YUCCA VALLEY,
a municipal corporation
and
_____________________________________

PROJECT
YUCCA TRAIL WIDENING PROJECT – PALOMAR AVENUE TO LA CONTENTA ROAD PROJECT TOWN PROJECT NO.: 7074

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RIV #4816-1566-8841 v1//August 2023 (3.28.2024) P a g e | 1

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN

THE TOWN OF YUCCA VALLEY, CALIFORNIA
AND
__________________________________
This Agreement for Design Professional Services (“Agreement”) is entered into as of this ____ day of _________, 20__ by and between the Town of Yucca Valley, a municipal corporation (“Town”) and ____________________, a ___________________ (“Design Professional”), Town and Design Professional are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. Town has sought, by Request for Proposal (RFP), the performance of the professional civil design services defined and described particularly in Section 2 of this Agreement.

B. Design Professional, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the Town to perform those services.

C. Design Professional was selected by the Town on the basis of Design Professional’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.

D. Pursuant to the Town of Yucca Valley’s Municipal Code, Town has authority to enter into this Design Professional Services Agreement and the Town Manager has authority to execute this Agreement.

E. The Parties desire to formalize the selection of Design Professional for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for two (2) years commencing on the date first ascribed above.

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RIV #4816-1566-8841 v1//August 2023 (3.28.2024) P a g e | 2 SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Design Professional agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Design Professional shall be deemed to be in Default of this Agreement. The Town, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Design Professional to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

Design Professional shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.

Subject to any limitations set forth in this Agreement, Town agrees to pay Design Professional the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed ______________________________ Dollars ($_____________), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. In accordance with California Government Code Section 8546.7, if the Not to Exceed Amount exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement and the Design Professional's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of Town or as part of any audit of the Town, for a period of three (3) years after final payment under the Agreement.
(a) Each month Design Professional shall furnish to Town an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-Design Professional contracts. Sub-Design Professional charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subSection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. Town shall independently review each invoice submitted by the Design Professional to determine whether the work performed, and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are

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RIV #4816-1566-8841 v1//August 2023 (3.28.2024) P a g e | 3 disputed, the invoice shall be approved and paid according to the terms set forth in subSection (c). In the event any charges or expenses are disputed by Town, the original invoice shall be returned by Town to Design Professional for correction and resubmission. (b) Except as to any charges for work performed or expenses incurred by Design Professional which are disputed by Town, Town will use its best efforts to cause Design Professional to be paid within forty-five (45) days of receipt of Design Professional’s correct and undisputed invoice.
(c) Payment to Design Professional for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Design Professional.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

Town may inspect and accept or reject any of Design Professional’s work under this Agreement, either during performance or when completed. Town shall reject or finally accept Design Professional’s work within sixty (60) days after submitted to Town. Town shall reject work by a timely written explanation, otherwise Design Professional’s work shall be deemed to have been accepted. Town’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Design Professional’s work by Town shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS; EXCEPTIONS; WARRANTY.

Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by Design Professional (collectively, “Documents”) under this Agreement are Town’s property. Design Professional may retain copies of such Documents as desired but will deliver all original materials to Town upon Town’s written notice.

Town agrees that use of Design Professional’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at Town’s own risk. Design Professional warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Specifically, Design Professional understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to Town and representing it as Design Professional’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, Town specifically rejects ownership of such Documents. Design Professional is required to indemnify and defend Town to the fullest extent allowed by applicable law should it violate this Section.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Design

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RIV #4816-1566-8841 v1//August 2023 (3.28.2024) P a g e | 4 Professional in the course of providing the Services pursuant to this Agreement shall become the sole property of Town and may be used, reused or otherwise disposed of by Town without the permission of the Design Professional. Upon completion, expiration or termination of this Agreement, Design Professional shall turn over to Town all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that Town utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Design Professional in the course of providing the Services pursuant to this Agreement, Design Professional’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

All Final Work Product developed by Design Professional in the course of providing the Services pursuant to this Agreement shall become the sole property of Town and may be used, reused or otherwise disposed of by Town without the permission of the Design Professional.

Upon completion, expiration or termination of this Agreement, Design Professional shall turn over to Town all such Final Work Product if paid for by the Town. This provision specifically excludes Design Professional’s work notes and drafts, which are owned by Design Professional, not Town.

SECTION 7. DESIGN PROFESSIONAL'S BOOKS AND RECORDS.
(a) Design Professional shall maintain any and all documents and records demonstrating or relating to Design Professional’s performance of the Services. Design Professional shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to Town pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Design Professional pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this Section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by Town or its designated representative. Copies of such documents or records shall be provided directly to the Town for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Design Professional’s address indicated for receipt of notices in this Agreement.
(c) Where Town has reason to believe that any of the documents or records required to be maintained pursuant to this Section may be lost or discarded due to dissolution or

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RIV #4816-1566-8841 v1//August 2023 (3.28.2024) P a g e | 5 termination of Design Professional’s business, Town may, by written request, require that custody of such documents or records be given to the Town. Access to such documents and records shall be granted to Town, as well as to its successors in interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Design Professional is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of Town. Design Professional shall have no authority to bind Town in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against Town, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by Town. (b) The personnel performing the Services under this Agreement on behalf of Design Professional shall at all times be under Design Professional’s exclusive direction and control.

Neither Town, nor any elected or appointed boards, officers, officials, employees or agents of Town, shall have control over the conduct of Design Professional or any of Design Professional’s officers, employees, or agents except as set forth in this Agreement. Design Professional shall not at any time or in any manner represent that Design Professional or any of Design Professional’s officers, employees, or agents are in any manner officials, officers, employees or agents of Town. (c) Neither Design Professional, nor any of Design Professional’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to Town’s employees. Design Professional expressly waives any claim Design Professional may have to any such rights.

SECTION 9. STANDARD OF PERFORMANCE.

Design Professional represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Design Professional shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Design Professional shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Design Professional under this Agreement, and shall use such skill, prudence, and diligence as other members of Design Professional’s profession commonly possess and exercise. In addition to the general standards of performance set forth this Section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Design Professionals work under this Agreement.

Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Design Professional shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term

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RIV #4816-1566-8841 v1//August 2023 (3.28.2024) P a g e | 6 of this Agreement. Design Professional shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither Town, nor any elected or appointed boards, officers, officials, employees or agents of Town, shall be liable, at law or in equity, as a result of any failure of Design Professional to comply with this Section.

SECTION 11. PREVAILING WAGE LAWS.

It is the understanding of Town and Design Professional that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

Design Professional shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

Design Professional hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Design Professional so employ such unauthorized aliens for the performance of the Services and should the any liability or sanctions be imposed against Town for such use of unauthorized aliens, Design Professional hereby agrees to and shall reimburse Town for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by Town.

SECTION 14. CONFLICTS OF INTEREST.
(a) Design Professional covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of Town, or which would in any way hinder Design Professional’s performance of the Services. Design Professional further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Town Manager. Design Professional agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of Town in the performance of this Agreement. (b) Town understands and acknowledges that Design Professional is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Design Professional is unaware of any

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RIV #4816-1566-8841 v1//August 2023 (3.28.2024) P a g e | 7 stated position of Town relative to such projects. Any future position of Town on such projects shall not be considered a conflict of interest for purposes of this Section. (c) Town understands and acknowledges that Design Professional will perform nonrelated services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this Section.

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Design Professional in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Design Professional. Design Professional shall not release or disclose any such information or work product to persons or entities other than Town without prior written authorization from the Town Manager, except as may be required by law. (b) Design Professional, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Town Manager or unless requested by the Town Attorney of Town, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Design Professional gives Town notice of such court order or subpoena. (c) If Design Professional, or any officer, employee, agent or subcontractor of Design Professional, provides any information or work product in violation of this Agreement, then Town shall have the right to reimbursement and indemnity from Design Professional for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Design Professional’s conduct.
(d) Design Professional shall promptly notify Town should Design Professional, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. Town retains the right, but has no obligation, to represent Design Professional or be present at any deposition, hearing or similar proceeding. Design Professional agrees to cooperate fully with Town and to provide Town with the opportunity to review any response to discovery requests provided by Design Professional. However, this right to review any such response does not imply or mean the right by Town to control, direct, or rewrite said response. Design Professional shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

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RIV #4816-1566-8841 v1//August 2023 (3.28.2024) P a g e | 8 SECTION 16. INDEMNIFICATION.
(a) Indemnification by Design Professional. Where the services to be provided by Design Professional under this Agreement are design professional services, as that term is defined under Civil Code Section 2782.8, Design Professional agrees to indemnify, defend and hold harmless, the Town, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Design Professional and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the Town, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the Town, then Design Professional’s indemnification and defense obligations shall be reduced in proportion to the established comparative liability of the Town and shall not exceed the Design Professional’s proportionate percentage of fault. (b) As respects all acts or omissions which do not arise directly out of the performance of design professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, Design Professional agrees to indemnity, defend and hold harmless the Town, its officers officials, employees and volunteers for an against any claim, demands, losses, liability of any kind or nature arising out of or in connection with the Design Professional's performance or failure to perform under the terms of this contract, excepting those which arise out of the active negligence, sole negligence or willful misconduct of the Town, its officers, officials, employees and volunteers. (c) Indemnification from Sub-consultants. Design Professional agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every sub-consultant, sub-contractor or any other person or entity involved by, for, with or on behalf of Design Professional in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Design Professional fails to obtain such indemnity obligations from others as required here, Design Professional agrees to be fully responsible according to the terms of this Section. Failure of Town to monitor compliance with these requirements imposes no additional obligations on Town and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend Town as set forth herein is binding on the successors, assigns or heirs of Design Professional and shall survive the termination of this Agreement or this Section.
(d) Town's Negligence. The provisions of this Section do not apply to Claims occurring as a result of Town’s sole negligence. The provisions of this Section shall not release Town from liability arising from gross negligence or willful acts or omissions of Town or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

Design Professional agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of

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RIV #4816-1566-8841 v1//August 2023 (3.28.2024) P a g e | 9 this Agreement. All insurance policies shall be subject to approval by Town as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the Town Manager. Design Professional agrees to provide Town with copies of required policies upon request.

SECTION 18. ASSIGNMENT.

The expertise and experience of Design Professional are material considerations for this Agreement. Town has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Design Professional under this Agreement. In recognition of that interest, Design Professional shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Design Professional’s duties or obligations under this Agreement without the prior written consent of the Town. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling Town to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” Town acknowledges, however, that Design Professional, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

SECTION 19. CONTINUITY OF PERSONNEL.

Design Professional shall make every reasonable effort to maintain the stability and continuity of Design Professional’s staff and subcontractors, if any, assigned to perform the Services. Design Professional shall notify Town of any changes in Design Professional’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.

SECTION 20. TERMINATION OF AGREEMENT.
(a) Town may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Design Professional. In the event such notice is given, Design Professional shall cease immediately all work in progress. (b) Design Professional may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to Town. (c) If either Design Professional or Town fails to perform any material obligation under this Agreement, then, in addition to any other remedies, either Design Professional, or Town may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Design Professional or Town, all property belonging exclusively to Town which is in Design Professional’s possession shall be returned to Town. Design Professional shall furnish to Town a final invoice for work performed and expenses incurred by Design Professional, prepared as set forth in Section 4 of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

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RIV #4816-1566-8841 v1//August 2023 (3.28.2024) P a g e | 10 SECTION 21. DEFAULT.

In the event that Design Professional is in default under the terms of this Agreement, the Town shall not have any obligation or duty to continue compensating Design Professional for any work performed after the date of default. Instead, the Town may give notice to Design Professional of the default and the reasons for the default. The notice shall include the timeframe in which Design Professional may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Design Professional is in default, the Town shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the Town may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default.

If Design Professional does not cure the default, the Town may take necessary steps to terminate this Agreement under Section 20. Any failure on the part of the Town to give notice of the Design Professional’s default shall not be deemed to result in a waiver of the Town’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 22. EXCUSABLE DELAYS.

Design Professional shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Design Professional. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of Town, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. COOPERATION BY TOWN.

All public information, data, reports, records, and maps as are existing and available to Town as public records, and which are necessary for carrying out the Services shall be furnished to Design Professional in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 24. NOTICES.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:

To Town: Town of Yucca Valley
Attn: Town Manager
57090 Twentynine Palms Hwy
Yucca Valley, CA 92284
To Design Professional: __________________________
__________________________

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RIV #4816-1566-8841 v1//August 2023 (3.28.2024) P a g e | 11 __________________________
__________________________
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to sign this Agreement.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the Town Manager or his or her designated representative. The Town Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the Town Manager’s contracting authority under the Yucca Valley Municipal Code.

SECTION 27. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Design Professional and by the Town. The Town Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the Town Manager’s contracting authority under the Yucca Valley Municipal Code. The Town’s Town Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the Town Council. The Town Council hereby authorizes the Town Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce Town’s rights under this Agreement.

SECTION 29. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement.

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RIV #4816-1566-8841 v1//August 2023 (3.28.2024) P a g e | 12 Acceptance by Town of any work or services by Design Professional shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN VENUE.

This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 31. ATTORNEY’S FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.

SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Design Professional and Town prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 33. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 34. CONFLICTING TERMS.

Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
[SIGNATURES ON FOLLOWING PAGE]

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RIV #4816-1566-8841 v1//August 2023 (3.28.2024) P a g e | 13 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

TOWN OF YUCCA VALLEY
[Town Manager Signature]
__________________________
Curtis Yakimow, Town Manager
ATTEST
________________________
Brooke Dudra, Town Clerk

APPROVED AS TO FORM
_________________________
Thomas D. Jex, Town Attorney
___________________________________
Design Professional/Company Name
By: _______________________________ By: [_______________________________ Name: [_______________________________ Name:[______________________________ Title: [_______________________________ Title:[_______________________________ NOTE: DESIGN PROFESSIONAL’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, SECTIONS OF

INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DESIGN PROFESSIONAL’S BUSINESS ENTITY.

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RIV #4816-1566-8841 v1//August 2023 (3.28.2024) P a g e | 14

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA
COUNTY OF ____________________________
On ______________, before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER____________________________
__________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
_________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

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RIV #4816-1566-8841 v1//August 2023 (3.28.2024) P a g e | 15

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA
COUNTY OF ______________________________
On ______________, before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

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EXHIBIT "A"
RIV #4816-1566-8841 v1//August 2023 (3.28.2024) P a g e | A.1

SCOPE OF SERVICES
I. Design Professional will perform the following Services:

II. As part of the Services, Design Professional will prepare and deliver the following tangible work products to the Town:

III. During performance of the Services, Design Professional will keep the Town apprised of the status of performance by delivering the following status reports:

IV. The tangible work products and status reports will be delivered to the Town pursuant to the following schedule:

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EXHIBIT "A"
RIV #4816-1566-8841 v1//August 2023 (3.28.2024) P a g e | A.2 V. Design Professional will utilize the following personnel to accomplish the Services:

VI. Design Professional will utilize the following subcontractors to accomplish the Services:

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EXHIBIT “B”
RIV #4816-1566-8841 v1//August 2023 (3.28.2024) P a g e | B.1

COMPENSATION
I. Design Professional shall use the following rates of pay in the performance of the Services:

A. [job] [hourly rate]
B. [job] [hourly rate]
C. [job] [hourly rate]
D. [job] [hourly rate]
E. [job] [hourly rate]
II. Design Professional may utilize subcontractors as indicated in this Agreement. The hourly rate for any subcontractor is not to exceed $_______ per hour without written authorization from the Town Manager or his designee.

III. The total compensation for the Services shall not exceed $_________, as provided in Section 4 “Compensation and Method of Payment” of this Agreement.

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RIV #4816-1566-8841 v1//August 2023 (3.28.2024) P a g e | D.1

INSURANCE
A. Insurance Requirements. Design Professional shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

Minimum Scope of Insurance.

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees.)

4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the Entity for review.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.

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RIV #4816-1566-8841 v1//August 2023 (3.28.2024) P a g e | D.2 B. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance at least as broad as one of the following ISO ongoing operations Forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations Forms:

CG 20 37, CG 20 39 (not allowed from subcontractors), or CG 20 40.

C. Primary Coverage. For any claims related to this agreement, the Consultant’s insurance coverage shall be primary insurance coverage as least as broad as ISO CG 20 01 04 13 in respect to the Entity, its officers, officials, employees or volunteers. Any insurance or selfinsurance maintained by the Entity, its officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

D. Notice of Cancellation. Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance.

E. Waiver of Subrogation. Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.

However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.

F. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity.

G. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.

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RIV #4816-1566-8841 v1//August 2023 (3.28.2024) P a g e | D.3 H. Verification of Coverage. Consultant shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

I. Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance that meets all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors.

J. Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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RESOLUTION NO. 26-XX

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY,

CALIFORNIA, APPROVING THE ADDENDUM TO THE TOWN OF YUCCA VALLEY’S (TOWN) GENERAL PLAN UPDATE CERTIFIED ENVIRONMENTAL IMPACT REPORT (EIR), STATE CLEARINGHOUSE NO. 2012111021,

PREPARED TO EVALUATE THE PROPOSED YUCCA TRAIL WIDENING AND

INDIO AVENUE PAVING AND REALIGNMENT PROJECT FOR
ENVIRONMENTAL ASSESSMENT 10-25.

WHEREAS, Section 65300 of the California Government Code of the State of California authorizes citiesto prepare long-range comprehensive guides known as general plans; and
WHEREAS, in January 2014, the Town certified a Program EIR for the General Plan Update (Certified EIR or 2014 Certified EIR), which evaluated the environmental impacts associated with implementation of updated land use, circulation, safety, noise, open space and conservation, and housing elements; and WHEREAS, The Yucca Valley General Plan Update- General Plan Environmental lmpact Report (EIR, SCH No. 2012111021) was reviewed, studied, and found to comply with the California EnvironmentalQuality Act(CEQA); and WHEREAS, The Town’s 2014 General Plan Update includes a Circulation Element that identifies a long-range vision for the Town’s transportation network, including planned roadway improvements intended to accommodate future growth and improve traffic flow, safety, and multi-modal connectivity throughout Yucca Valley.

WHEREAS, The Circulation Element designates Yucca Trail as an arterial roadway (Arterial – 4 Lane Divided) and identifies it as a future Class II bike lane corridor, reflecting the General Plan’s multi-modal transportation goals for the area.

WHEREAS, The Circulation Element identifies Indio Avenue as an Industrial roadway (Industrial – 2 Lanes with Striped Median).

WHEREAS, Policy C 1-23 of the General Plan further reinforces these objectives by encouraging coordination with future development at the intersection of Yucca Trail, Palomar Avenue, La Contenta Road, and Juarez Drive to implement appropriate roadway, bicycle, and pedestrian connectivity based on proposed land uses.

WHEREAS, The Yucca Trail Widening and Indio Avenue Paving and Realignment project; therefore, constitutes a subsequent action undertaken in furtherance of the 2014 General Plan Update and is appropriately evaluated through this Addendum to the Certified EIR
WHEREAS, The Addendum to the General Plan Environmental Impact Report has been prepared to evaluate the Yucca Trail Widening and Indio Avenue Paving and Realignment Project.

WHEREAS, in accordance with California Government Code Section 65300 et. seq.,

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the General Plan has been developed to be comprehensive, internally consistent, long term and to address mandatory elements; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY:

SECTION 1. Based on the entire record before the Town Council and all written and oral evidence presented to the Town Council, the Town Council finds that the environmental effects of the General Plan Environmental Impact Report Addendum have been analyzed and discussed in compliance with CEQA based upon the attached Addendum to the Yucca Valley General Plan Environmental lmpact Report.

SECTION 2. The location and custodian of the documents and any other material which constitute the record of proceedings upon which the Town Council based its decision is as follows: Town Clerk, Town of Yucca Valley, 57090 Twentynine Palms Highway, Yucca Valley CA 92284.

SECTION S. The Town Clerk shall certify the adoption of the Resolution.

APPROVED AND ADOPTED by the Town of Yucca Valley on this 20th day of October, 2026.

Merl Abel, Mayor
ATTEST:

Brooke Dudra, Town Clerk
APPROVED AS TO FORM:

Thomas Jex, Town Attorney

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STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO

TOWN OF YUCCA VALLEY
l, Brooke Dudra, Town Clerk of the Town of Yucca Valley, California hereby certify that the foregoing Resolution No. 26-XX as duly and regularly adopted at a meeting ofthe Town Council of the Town of Yucca Valley, California at a meeting thereof held on the 20th day of October, 2026, by the following vote:

Ayes: Council Members Denison, Drozd, Lombardo, Schooler, and Mayor Abel Noes:

Abstain:

Absent:

Brooke Dudra, Town Clerk

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Item: 11.

Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Alex Qishta, Public Works Director, Shane Stueckle, Deputy Town Manager Date: October 6, 2026
Meeting Date: October 20, 2026
Subject: Yucca Trail Widening Project – Palomar Avenue to La Contenta Road, Project No. 7074; Authorization to release a Request For Proposal (RFP) for Right-of-Way Acquisition Services Recommendation:

Authorizes the release of the Request For Proposals for the Yucca Trail Widening Project Rightof-Way Acquisition Services – Palomar Avenue to La Contenta Road.

Prior Review:

No prior review of this item.

Discussion:

The Yucca Trail Widening Project, Town Project No. 7074, requires the acquisition of right-ofway and related property interests necessary to facilitate the widening and improvement of Yucca Trail from Palomar Avenue to La Contenta Road. The Project will widen Yucca Trail to an arterial roadway within a 100-foot right-of-way and will include improvements to roadway geometry, intersections, drainage, curb and gutter, street lighting, signage, striping, and associated improvements.

The selected consultant will provide professional right-of-way acquisition services necessary to identify, negotiate, and acquire the property interests required for construction of the Project.

The consultant will coordinate closely with Town staff, the Project's civil engineering consultant, property owners, title companies, appraisers, and other affected parties to facilitate the timely acquisition of the required right-of-way.

The consultant will be responsible for the following:
• Review the proposed Project plans and right-of-way requirements and identify all properties and property interests potentially affected by the Project. • Prepare a right-of-way acquisition exhibit identifying the required right-of-way, temporary construction easements, permanent easements, access rights, and other

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property interests necessary to construct the Project.
• Review available title reports, deeds, assessor information, and other property records to identify current property ownership and existing encumbrances affecting the required acquisitions.
• Coordinate with the Town's project design consultant to ensure that right-of-way requirements are consistent with the final project design. • Prepare and/or coordinate the preparation of appraisals and appraisal reviews for properties or property interests requiring acquisition, as applicable. • Establish fair market value and prepare acquisition offers in accordance with applicable federal, State of California, and local laws and regulations. • Initiate and conduct negotiations with affected property owners and other interested parties on behalf of the Town.
• Provide property owners with appropriate acquisition notices, offer packages, supporting documentation, and other required correspondence. • Maintain regular communication with affected property owners and provide timely responses to questions and concerns regarding the proposed acquisition. • Prepare and maintain complete acquisition files documenting property ownership, appraisals, offers, negotiations, correspondence, agreements, and other applicable acquisition documentation.
• Prepare and coordinate right-of-way agreements, easements, temporary construction easements, grant deeds, or other necessary conveyance documents. • Coordinate the execution, notarization, recording, and delivery of all required right-ofway documents. • Identify and assist in resolving title issues, liens, encumbrances, access concerns, or other property-related issues that may affect the acquisition. • Coordinate with the Town's legal counsel, title company, and other professionals as necessary to complete acquisitions.
• Provide the Town with periodic written status reports identifying the status of each acquisition, outstanding issues, negotiations, anticipated costs, and recommended next steps.
• Attend meetings with Town staff, property owners, consultants, and other stakeholders as necessary to facilitate the acquisition process.
• Provide recommendations to the Town regarding acquisition strategy, negotiation issues, and potential alternatives when an agreement cannot be reached. • Assist the Town with condemnation or eminent domain proceedings, if necessary, including providing supporting documentation and coordination with the Town's legal counsel.
• Complete all right-of-way acquisitions and related property interests in a manner that minimizes project delays and allows the Town to proceed with final design, bidding, and construction of the Yucca Trail Widening Project.

The preliminary schedule for the RFP process is as follows:
• Release of RFP — Wednesday, October 21, 2026

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• Proposal due date — Thursday, December 3, 2026 (3:00 pm) • Review of Proposals – December 3 – January 29, 2026
• Town Council Meeting – February/March 2027
Alternatives
No alternatives are recommended.

Fiscal Impact:

There are no fiscal impacts created by the release of the attached RFP, less advertising and circulation costs. A total of $4,484,000 were appropriated by the Town Council in Fund 524, Measure I, Morongo Basin MLHP, for the project in the 2026/2027 FY Budget.

Attachments

1. RFP- ROW Acquisition Services - 10.7.26

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G:\A.1 CAPITAL PROJECTS - ACTIVE\1 PROJECTS -CURRENT\Project No. 7074 - Yucca Trail Widening from Palomar Ave. to La Contenta Rd\Right of Way Acquisition\ROW Acquisition RFP\RFP- ROW Acquisition Services - 10.5.26.docx Page 1

REQUEST FOR PROPOSAL (RFP)

RIGHT-OF-WAY ACQUISITION SERVICES FOR YUCCA TRAIL WIDENING PROJECT – PALOMAR AVENUE TO LA CONTENTA ROAD

TOWN OF YUCCA VALLEY
PROJECT NO. 7074
RELEASED ON WEDNESDAY, OCTOBER 21, 2026
PROPOSAL DUE DATE: THURSDAY, DECEMBER 3, 2026 @ 3:00 P.M.

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NOTICE INVITING SEALED PROPOSALS,
RIGHT-OF-WAY ACQUISITION SERVICES FOR YUCCA TRAIL WIDENING PROJECT – PALOMAR

AVENUE TO LA CONTENTA ROAD

IN THE TOWN OF YUCCA VALLEY, CALIFORNIA
The Town of Yucca Valley is issuing this Request for Proposals (RFP) asking for sealed proposals from qualified contractors/firms, licensed in the State of California, for the purpose of providing right-of-way acquisition services for the Yucca Trail Widening Project from Palomar Avenue to La Contenta Road and the Indio Avenue Realignment project. In general, the selected contractor shall provide services to include property and right-of-way research, appraisal and acquisition services, coordination and negotiations with affected property owners, and preparation of easement and acquisition documents.

SUBMITTAL OF PROPOSALS
Two (2) copies of the proposal and one (1) electronic copy of the proposal shall be submitted in a sealed envelope.

The proposal shall contain:

1. The technical proposal responding to this RFP shall include firm qualifications, references, licenses, and relevant experience along with additional information requested in the proposal requirements.

2. The fee proposal responding to this RFP shall include fee schedule, subconsultants, and number of working hours, along with additional information requested in the proposal requirements.

Proposal shall be mailed or delivered to the Office of the Town Clerk, Town of Yucca Valley, 57090 Twentynine Palms Highway, Yucca Valley, CA 92284; before Thursday, December 3, 2026, at 3:00 P.M. Pacific Time.

Sealed proposals must be made on the forms provided in these RFP documents. The envelope must be addressed to the Town of Yucca Valley and marked:

REQUEST FOR PROPOSALS

RIGHT-OF-WAY ACQUISITION SERVICES
Proposal Deadline: Thursday, December 3, 2026, at 3:00 P.M NOTE: Submittals conveyed solely by electronic means will not be accepted. Proposals received after the time and date specified above will be considered nonresponsive and will be returned to the Consultant. Unsigned submittals or submittals signed by an individual not authorized to bind the prospective Consultant will be considered nonresponsive and rejected.

In this RFP, the Party submitting a proposal may be referred to as Consultant, Proponent, or Bidder.

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The Town of Yucca Valley is issuing this Request for Proposals (RFP) from qualified consultants to provide right-of-way acquisition services for the Yucca Trail Widening project from Palomar Avenue to La Contenta Road and the Indio Avenue Realignment project. The awarded firm will work closely with Town staff to perform property and right-of-way research, appraisal and acquisition services, coordination and negotiations with affected property owners, and preparation of easement and acquisition documents.

The Yucca Trail Widening project will consist of widening Yucca Trail to an arterial street within a hundred-foot right-of-way. A center striped median with two-way left turn movements into Avalon, Camarilla, Del Monte, Hermosa, and Indio Avenue will be required. The Project will include construction of curb and gutter, street lighting, and signing and striping.

The Indio Avenue Realignment project will consist of realigning Indio Avenue, north of Yucca Trail, to Indio Avenue, south of Yucca Trail. The Project will include construction of curb and gutter, street lighting, and signing and striping. This project will be incorporated into and coordinated with the design of the Yucca Trail Widening Project to ensure the proposed improvements are fully integrated.

It is the intent of the Town to award a Professional Services Agreement to the consultant complying with all requirements of this Request for Proposal (RFP) including technical and fee proposals. The Town reserves the right to further negotiate the terms and conditions of the Agreement. The Town reserves the right to reject any proposal for noncompliance with Agreement requirements and provisions, or to not award an agreement because of unforeseen circumstances, or if it is determined to be in the best interest of the Town. The right-of-way acquisition services will be awarded based on demonstrated ability and performance providing similar services and proposed fees for those services. The Professional Services Agreement may or may not be awarded to the lowest cost proposal.
2 QUALIFICATIONS OF CONSULTANTS:

Each Consultant shall be fully qualified by ability, knowledge, and experience to satisfactorily perform the work required in these specifications and shall engage in the business of providing right-of-way acquisition services by the use of its own trained and qualified employees, equipment, material, and supplies. Consultant shall be fully licensed in the state of California to perform the services required under this contract.
3 REFERENCES AND QUALIFICATION REQUIREMENTS:

Consultant must present evidence indicative of its ability to finance, provide, and sustain the specified right-of-way acquisition services to the satisfaction of the Town. Failure to include the forms provided in Section II Pre-Award Proposal Forms or any of the other requested information in this RFP may cause the proposal to be deemed non-responsive, if the Town has no prior experience with the Consultant.
• Client References
• General Business Statement

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Consultant shall comply with the following:

The Consultant and its subconsultants shall possess all applicable State of California professional licenses and certifications required to perform the proposed right-of-way services, including but not limited to, California real estate broker/salesperson licensing, certified real estate appraiser licensing, and Professional Land Surveyor registration. The Consultant shall demonstrate experience completing public-agency right-of-way acquisition in accordance with Caltrans requirements, the Uniform Relocation Assistance and Real Property Acquisition Policies Act, and applicable State and federal laws and regulations.

Prior to commencement of work, the awarded Consultant and its subconsultants must obtain and maintain in effect during the term of the Agreement, a valid Town of Yucca Valley Business Registration Certificate.
5 NON-MANDATORY PRE-PROPOSAL CONFERENCE:

A non-mandatory conference shall be held for the purpose of clarifying any issues and answering questions.
6 NON-MANDATORY PRE-PROPOSAL CONFERENCE SCHEDULE:

Time: 9:00 A.M.

Date: Thursday, November 5, 2026
Location: Town of Yucca Valley
Community Development/Public Works Offices
58928 Business Center Drive
Yucca Valley, CA 92284
7 RECOMMENDED SITE VISITS:

The Town of Yucca Valley recommends that the consultants independently visit the project site prior to the Pre-Proposal Conference. It shall be the consultant’s responsibility to examine each area and be familiar with the general condition of the site, its appurtenances, and amenities. 8 SCOPE OF WORK:

The Right-of-Way Firm (hereinafter Consultant) shall provide a full service – start to finish rightof-way acquisition in close cooperation with the Town.

8.1 KEY AGENT
Shall be specifically identified and assigned to the project, who must remain for the duration of the project. Selection will be based partially upon the qualifications of the identified key agent.

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8.2 APPRAISAL
Provide three (3) full narrative appraisal reports of each take, with consideration for possibly condemnation. The appraisals must be consistent with the California Department of Transportation Right of Way Manual and State laws. The appraisal report must be signed by a Member Appraisal Institute (MAI) designee and be licensed in the State of California.

8.3 NEGOTIATOR
Analyzing preliminary title reports to determine potential title problems; preparing memorandums of agreement and other documents requested by the Town; contacting each property owner or their representative to present the written offer in person where practical; maintaining follow up contacts and, upon acceptance of the Town’s offer, securing the necessary instruments for closing; responding to property owner inquiries verbally and in writing within two business days; advising property owners on the administrative settlement process, transmitting to the Town any written counter offers from property owners along with supporting documentation and recommendations; and preparing final offer letters.

The Negotiator must be familiar with the State of California laws, the Uniform Relocation and Real Property Acquisition Policies Act, and the state Eminent Domain Law. All work must be consistent with California Redevelopment laws regarding acquisition. 9 TOWN’S RESPONSIBILITIES:

The Town shall provide the Consultant with existing relevant plans, studies, and information concerning the subject properties.

The Town shall designate a representative authorized to act on its behalf with respect to the project. The Town or its representative shall examine items submitted by the Consultant and shall render decisions pertaining thereto promptly, to avoid unreasonable delays in the progress of the Consultant's work.

The Town shall furnish required information as expeditiously as necessary for the orderly progress of the work. The Town Attorney shall draft and/or review all sales and agreement documents. Sample agreement documents shall be provided to the Consultant. The Town will provide all legal descriptions and plats and work with a title company to close escrow.

All sales, relocation, or dispositions of property shall be reviewed and accepted, rejected, or modified by the Town Council.
10 PROPOSAL SUBMITTAL:

10.1 INQUIRIES/CLARIFICATIONS
All requests for clarification for this RFP must be made in writing and directed to:

Alex Qishta – Public Works Director – Town of Yucca Valley E-Mail: [email protected]

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SECTION I: INSTRUCTIONS, DEFINITIONS, AND REQUIREMENTS
G:\A.1 CAPITAL PROJECTS - ACTIVE\1 PROJECTS -CURRENT\Project No. 7074 - Yucca Trail Widening from Palomar Ave. to La Contenta Rd\Right of Way Acquisition\ROW Acquisition RFP\RFP- ROW Acquisition Services - 10.5.26.docx Page 6 Requests for information or clarification must be received by Friday, November 20, 2026, at 5:00 P.M. Clarification responses will be provided to all consultants that have expressed interest through an addendum to the RFP. The Town will not respond to verbal questions submitted by telephone or in person.

10.2 SCHEDULE FOR SUBMITTAL AND SELECTION

TASK DATE/TIME
RFP Issued Wednesday, October 21, 2026
Pre-RFP Non-Mandatory Meeting Thursday, November 5, 2026, at 9:00 A.M.

Due date for clarification or information Friday, November 20, 2026 at 5:00 P.M.

Proposal Due Date & Time Thursday, December 3, 2026, at 3:00 P.M.

Town Review of Proposals December 3-11, 2026
Award Contract Tuesday, December 15, 2026
A non-mandatory Pre-Proposal Meeting will be held in the Community Development/Public Works Offices located at 58928 Business Center Drive, Yucca Valley, CA 92284 on Thursday, November 5, 2026, at 9:00 A.M. Respondents will have an opportunity at the conference to ask questions about the RFP, including Proposal requirements and procedures, the services required, and project details.

Consultants who are interested must register as a prospective proponent by downloading the RFP package at: https://www.yucca-valley.org/business/request-for-proposal-rfp. There will be no charge if bidders are willing to obtain electronic copies of the maps, specifications, and other contract documents from the Town’s website.

Paper copies of the maps, specifications, and other contract documents may be obtained upon payment of a non-refundable fee of $80.00 for each set. Requests that contract documents be mailed must be accompanied by an additional shipping fee of $20.00 or a total of $100.00 per mailed set. The additional shipping fee will be waived if an active express mail account number is provided.

All proponents downloading or requesting maps and specifications MUST complete all required information on the website or at the Office of the Town Clerk to be placed on the bidder’s list in the event that addenda are issued.

10.3 SUBMISSION INSTRUCTIONS
Proposal shall be mailed or delivered to the Office of the Town Clerk located at 57090 Twentynine Palms Highway, Yucca Valley, CA 92284; on or before Thursday, December 3, 2026, at 3:00 P.M.

Pacific Time.

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REQUEST FOR PROPOSALS
RIGHT-OF-WAY ACQUISITION SERVICES FOR YUCCA TRAIL WIDENING PROJECT – PALOMAR

AVENUE TO LA CONTENTA ROAD
Proposal Deadline: Thursday, December 3, 2026, at 3:00 P.M.

NOTE: Submittals conveyed solely by electronic means will not be accepted. Proposals received after the time and date specified above will be considered nonresponsive and will be returned to the Bidder. Unsigned submittals or submittals signed by an individual not authorized to bind the prospective Consultant will be considered nonresponsive and rejected.

10.3.1 TECHNICAL PROPOSAL
The technical proposal shall contain the following information:
• Cover Letter (1 page): The cover letter shall include a summary of the Statement of Qualifications, including a brief description of the proposed Consultant company and Consultant’s key staff to be assigned to this project.
• Project Approach (2 pages): A project approach for all work describing how the Consultant and any proposed subconsultant plan to accomplish the tasks described, including an estimate of the level of effort (man-hours) to be expended. This project approach should demonstrate a clear understanding of the required scope of work. • Consultant’s Employees (1 page): The names of the Consultant’s staff to be assigned to this project, their proposed duties, and their relative experience. Any specialized experience of the consultant and its personnel, relative to the required scope of work, should be mentioned here.
• Consultant’s Primary and Secondary Offices (1 page): Consultant shall identify the physical location(s) of the Consultant’s primary and secondary office locations. • Client References (1 page): Consultant shall furnish a list of five (5) current customers, including company name, street address, telephone number and contact name or person for whom Consultant has or is providing similar services. The Town intends to contact these customers to determine reliability, Consultant’s performance, service quality, and other information.
• Consultant’s Proposal Form: Business name, Consultant’s name, title, contact information and signature certifying that all information in the submission is true and complete. (See Section II: – Pre-Award Proposal Forms.) • Conflicts of Interest: Full disclosure of other client relationships that could present possible conflicts of interest or affect the proposed scope of work. (See Section II – PreAward Proposal Forms.)

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SECTION I: INSTRUCTIONS, DEFINITIONS, AND REQUIREMENTS
G:\A.1 CAPITAL PROJECTS - ACTIVE\1 PROJECTS -CURRENT\Project No. 7074 - Yucca Trail Widening from Palomar Ave. to La Contenta Rd\Right of Way Acquisition\ROW Acquisition RFP\RFP- ROW Acquisition Services - 10.5.26.docx Page 8 • Experience Statement: A statement of all the important business activities of Consultant’s major business, the owners’ names, phone numbers, some contract information. This statement emphasizes the last five (5) years of experience in the rightof-way acquisition services for similar size projects and areas with similar service levels as those required for this project. Consultant’s other business or professional references may be listed on a separate sheet.

In addition to successful contracts, list all contracts cancelled or not renewed within the last three (3) years, giving reason for cancellation or non-renewal. Provide names, street address, telephone numbers and contact person in each instance. (See Section II – PreAward Proposal Forms.) • List of Subconsultants: Consultant shall include in his proposal the list of subconsultants to be used on this project. (See Section II – Pre-Award Proposal Forms.)

10.3.2 FEE PROPOSAL
Fee proposal shall contain the following information:
• Not-To-Exceed Total Estimated Costs: provide costs for each sub-section, including additional services broken down by task for this project. • Consultant Rate Schedule: a rate per hour for all consultant staff or labor classification participating in the project.
• Subconsultant’s Costs: provide subconsultants’ costs for services provided as separate line items.

Additional Information on Proposer’s Bid Certification Form The Town reserves the right to accept and reject any or all proposals received as a result of this request; to award this Request for Proposal in part or in its entirety; to negotiate with any qualified consultant; to cancel this Request for Proposal in part or in its entirety; and to procure alternate or additional consulting services. 11 SELECTION CRITERIA:

The following selection criteria will be used in evaluating the proposals and selecting the successful consultant. These criteria are not listed in any order of priority.

Client References as described in 10.3.1 Technical Proposal.

General Business Statement: A statement of all the important business activities of Consultant’s major business. This statement should emphasize the required minimum of two consecutive years of recent experience in the right-of-way acquisition services for similar size projects and areas with similar service levels as those required for this project.

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SECTION I: INSTRUCTIONS, DEFINITIONS, AND REQUIREMENTS
G:\A.1 CAPITAL PROJECTS - ACTIVE\1 PROJECTS -CURRENT\Project No. 7074 - Yucca Trail Widening from Palomar Ave. to La Contenta Rd\Right of Way Acquisition\ROW Acquisition RFP\RFP- ROW Acquisition Services - 10.5.26.docx Page 9 Work History: In addition to Client References, list all contracts cancelled or not renewed within the last three (3) years, giving reason for cancellation or non-renewal. Provide names, street address, telephone numbers, and contact person in each instance.

Requirement for Supplemental Information: Following evaluation of proposals, and prior to any consideration of award, the apparent responsible Consultant(s) may be required to provide supplemental information. The supplemental information will be used to evaluate the Consultant’s ability to fulfill the terms of the Agreement and determine the relative values and benefits of utilizing the Consultant in lieu of Town staff.

Soundness and matter of completeness in which the proposed project approach is presented in the proposal.

Quality of work previously performed, and record of the Consultant in accomplishing their work on schedule, and within cost proposals.

Accessibility to the Consultant’s office.

Costs for providing services as described in the proposal.

The Consultant shall enter into a formal agreement with the Town for the services to be rendered. A sample agreement can be found in Section V for your review.

The Consultant shall carefully review the agreement, especially in regard to the indemnity and insurance provisions, and include with the proposal a description of any requested exceptions to the standard agreement. If there are no exceptions, a statement to that effect shall be included in the proposal.

11.1 ADDITIONAL INFORMATION

11.1.1 INDEMNIFICATION:

Consultant shall indemnify, protect, defend, and hold harmless the Town, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or cost of any kind, whether actual alleged, or threatened, including attorneys’ fees and costs, court costs, interest, defense costs and expert witness fees) where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultant of Consultant.

11.1.2 INDEPENDENT CONSULTANT:

While engaging in, carrying out, and complying with the terms and conditions of the duties outlined in this RFP, the Consultant is an independent consultant, and not an officer, agent, or employee of the Town of Yucca Valley. The personnel performing services shall at all times be under the Consultant’s exclusive direction and control and

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SECTION I: INSTRUCTIONS, DEFINITIONS, AND REQUIREMENTS
G:\A.1 CAPITAL PROJECTS - ACTIVE\1 PROJECTS -CURRENT\Project No. 7074 - Yucca Trail Widening from Palomar Ave. to La Contenta Rd\Right of Way Acquisition\ROW Acquisition RFP\RFP- ROW Acquisition Services - 10.5.26.docx Page 10 shall be employees of Consultant and not employees of the Town of Yucca Valley. The Consultant shall pay all wages, salaries and other amounts due its employees in connection with the Agreement and shall be responsible for all reports and obligations respecting them, including, but not limited to Social Security, income tax withholding, unemployment compensation, worker’s compensation insurance, state disability insurance and all similar matters.

All services to be rendered under the Agreement by the Consultant shall be subject to the control of the Town. Consultant shall advise the Town of matters of importance and make recommendations when appropriate; however, final authority shall rest with the Town.

11.1.3 TERM OF AGREEMENT:

The Agreement awarded to the successful Consultant under this RFP shall remain valid and in effect until the right-of-way acquisition process is fully completed.

11.1.4 TERMINATION:

The Town of Yucca Valley, or the Consultant, may terminate this agreement at any time during the term, upon thirty (30) days prior written notice to the other party without further liability.

11.1.5 PROVISIONS:

Consultant is expected to perform all right-of-way activities in accordance with the Caltrans Local Assistance Procedures Manual and Caltrans Right of Way Manual.

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (“Uniform Act”) contains basic requirements for the acquisition of real property, which apply to all federal-aid projects. For additional details, refer to 49 CFR 24 and to the Chapter 8, “Acquisition,” of the Caltrans Right of Way Manual.

11.1.6 ADDITIONAL SIMILAR SERVICES:

The Town shall have the right at any time during the performance of the services, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work.

These additional similar services are separate from the services specifically set forth in the Scope of Work and will be negotiated between the Town and the Consultant.

No additional services will be undertaken unless a written order is first given by the Town to the Consultant, incorporating any adjustment in the Contract Sum for the actual cost of the extra services.

The Town may in its sole and absolute discretion have similar work done by other consultants.

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11.1.7 OTHER:

This Request for Proposal does not commit the Town to award a contract, or to pay any costs incurred in the preparation of the proposal. The Town reserves the right to extend the due date for the proposal; to accept and reject any or all proposals received as a result of this request; to negotiate with any qualified consultant; to cancel this Request for Proposal in part or in its entirety; and to procure alternate or additional consultant services. The Town may require the selected Consultant to participate in negotiations and to submit revised technical and/or fee proposals, or other revisions to their proposals as may result from negotiations.

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SECTION II: PROPOSAL FORMS
G:\A.1 CAPITAL PROJECTS - ACTIVE\1 PROJECTS -CURRENT\Project No. 7074 - Yucca Trail Widening from Palomar Ave. to La Contenta Rd\Right of Way Acquisition\ROW Acquisition RFP\RFP- ROW Acquisition Services - 10.5.26.docx Page 12 TECHNICAL PROPOSAL – PRE-AWARD PROPOSAL FORMS
• Consultant’s Technical Proposal Form
• Conflict of Interest Statement
• Experience Statement
• List of Subconsultants

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REQUEST FOR PROPOSAL

RIGHT-OF-WAY ACQUISITION SERVICES
This form is to be completed and submitted along with the Proposal.

I/We the Undersigned, having examined this Request for Proposals and all associated Addenda, do hereby affirm the acceptance of the requirements of the Request for Proposals.

I/We do certify that the information supplied in this submission to be true and complete in all aspects.

This proposal is submitted by: _____________________________________________________ Address: ______________________________________________________________________ Telephone: Fax: _____________________________________
E-mail Address: _________________________________________________________________ Name of Authorized Person (s): ____________________________________________________ Position(s) of the Person(s): _______________________________________________________ Proponent Authorized Signature: ___________________________________________ Date: ______________________
Signature in the designated space, by an authorized officer of the Proponent’s company affirms acceptance of the Request for Proposal requirements set forth in this document, the associated costs, where applicable, attributed to the business arrangement between the Proponent and the Town of Yucca Valley, and hereby certifies that the information supplied in this submission to be true and complete in all respects.

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CONFLICT OF INTEREST STATEMENT
The Proponent must identify and describe in detail each conflict of interest, if applicable.

Use at least one form for each consultant and attach additional documentation as necessary.

I. Describe in detail the nature of the actual or potential conflict(s) (involving Project, personnel, financial advantage, or another item):
a) Project,
b) personnel,
c) financial advantage, or
d) other item
II. For each actual or potential conflict above, describe in detail the measures proposed to mitigate:

III. Describe in detail the intended effect of the proposed measures on the actual or potential conflict(s) and how the proposed measures will mitigate the actual or potential conflict(s):

Signature ____________________________________________ Date _____________________ If a potential conflict has been identified, please provide name and phone number for a contact person authorized to discuss this disclosure form with Town of Yucca Valley contract personnel.

Name & Title _____________________________________ Phone ________________________ Solicitation # ________________________ Consultant Name ____________________________

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EXPERIENCE STATEMENT
The consultant shall submit, as a part of its proposal, the following statements as to its experience qualifications. The bidder certifies that all statements and information set forth are true and accurate.
a. The bidder has been engaged in the contracting business under its present business name for ____________ years.
b. Experience in work of nature similar in type and magnitude to that set forth in the specification extends over a period of ___________ years. c. The bidder, as Consultant, has satisfactorily completed all contracts awarded to it, except as follows: (Name any and all exceptions and reasons therefore. Bidder should attach additional pages if necessary).

1. __________________________________________________

2. __________________________________________________
d. The following contracts covering work similar in type and magnitude to that set forth in the specification have been satisfactorily completed within the last five (5) years for the following owners (person, consultants, or authorities):

Owner’s Name : ______________________________________________________________ Phone Number: ________________________
Contract Amount: $_____________________ Year Completed: _______________________ Type of Work: ________________________________________________________________ Owner’s Name : ______________________________________________________________ Phone Number: ________________________
Contract Amount: $_____________________ Year Completed: _______________________ Type of Work: ________________________________________________________________ Owner’s Name : ______________________________________________________________ Phone Number: ________________________
Contract Amount: $_____________________ Year Completed: _______________________ Type of Work: ________________________________________________________________ Owner’s Name : ______________________________________________________________ Phone Number: ________________________
Contract Amount: $_____________________ Year Completed: _______________________ Type of Work: ________________________________________________________________

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LIST OF PROPOSED SUBCONSULTANTS
If awarded the contract, the bidder proposes to employ the following subconsultants, which will perform work or labor or render service to the bidder in or about the construction of the work in an amount in excess of one-half of one percent (0.50%) of the total amount bid or in the case of streets and highways work, one-half of one percent (0.50%) or ten thousand dollars ($10,000) whichever is greater. The bidder shall not be allowed to substitute another subconsultant for the subconsultant listed below without the written approval of the Town. If no subcontract work is proposed, except within the one-half of one percent (0.50%) limit set forth above, the bidder shall so state.

Subconsultant Name : _________________________________________________________ Address: ____________________________________________________________________ License Number: ______________________ Expiration Date: _______________________ Description of Work to be Subcontracted: _________________________________________ Subconsultant Name : _________________________________________________________ Address: ____________________________________________________________________ License Number: ______________________ Expiration Date: _______________________ Description of Work to be Subcontracted: _________________________________________ Subconsultant Name : _________________________________________________________ Address: ____________________________________________________________________ License Number: ______________________ Expiration Date: _______________________ Description of Work to be Subcontracted: _________________________________________ Subconsultant Name : _________________________________________________________ Address: ____________________________________________________________________ License Number: ______________________ Expiration Date: _______________________ Description of Work to be Subcontracted: _________________________________________ Subconsultant Name : _________________________________________________________ Address: ____________________________________________________________________ License Number: ______________________ Expiration Date: _______________________ Description of Work to be Subcontracted: _________________________________________

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PRELIMINARY ROW ACQUISITION MAP

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SECTION III: PRELIMINARY ROW MAP AND PARCEL TABLE
G:\A.1 CAPITAL PROJECTS - ACTIVE\1 PROJECTS -CURRENT\Project No. 7074 - Yucca Trail Widening from Palomar Ave. to La Contenta Rd\Right of Way Acquisition\ROW Acquisition RFP\RFP- ROW Acquisition Services - 10.5.26.docx Page 18 Parcel No. Property Address Type of
Acquisition
Estimated ROW Requested
Along Frontage (LF)
0588-701-66 58739 Yucca Trail Fee Simple 10 FT
0588-701-07 58749 Yucca Trail Fee Simple 10 FT
0588-701-08 58763 Yucca Trail Fee Simple 10 FT
0588-701-10 58785 Yucca Trail Fee Simple 10 FT
0588-701-11 58795 Yucca Trail Fee Simple 10 FT
0588-701-12 58807 Yucca Trail Fee Simple 10 FT
0588-701-13 58819 Yucca Trail Fee Simple 10 FT
0588-701-14 58831 Yucca Trail Fee Simple 10 FT
0588-701-15 N/A Fee Simple 10 FT
0588-703-08 7315 Hermosa Avenue Fee Simple 10 FT
0588-703-17 7322 Indio Avenue Fee Simple 10 FT
0588-731-15 7313 Indio Avenue Fee Simple 10 FT
0588-731-10 7312 Chippewa Trail Fee Simple 10 FT
0588-731-09 7313 Chippewa Trail Fee Simple 10 FT
0588-041-42 59025 Yucca Trail Fee Simple 10 FT
0588-041-43 59077 Yucca Trail Fee Simple 10 FT
0588-041-47 59155 Yucca Trail Fee Simple 10 FT for small section on NW corner & 20 FT for rest
of frontage
0588-041-46 59295 Yucca Trail Fee Simple 20 FT
0601-551-28 NA Fee Simple 6 FT
0601-551-32 NA Fee Simple 6 FT + 34,000 SF on SE
Corner
0601-551-22 58923 Business Center Dr Fee Simple 10 FT
0601-551-23 58945 Business Center Dr Fee Simple 10 FT
0601-551-14 58995 Business Center Dr Fee Simple 10 FT
0601-551-07 N/A Fee Simple 10 FT
0601-551-25 N/A Fee Simple 10 FT
0601-551-06 N/A Fee Simple 10 FT

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SECTION IV: FEE PROPOSAL
G:\A.1 CAPITAL PROJECTS - ACTIVE\1 PROJECTS -CURRENT\Project No. 7074 - Yucca Trail Widening from Palomar Ave. to La Contenta Rd\Right of Way Acquisition\ROW Acquisition RFP\RFP- ROW Acquisition Services - 10.5.26.docx Page 19 FEE PROPOSAL – PRE-AWARD PROPOSAL FORMS
• Proposer’s Bid Certification Form
• Proponent Fee Schedule

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SECTION IV: FEE PROPOSAL
G:\A.1 CAPITAL PROJECTS - ACTIVE\1 PROJECTS -CURRENT\Project No. 7074 - Yucca Trail Widening from Palomar Ave. to La Contenta Rd\Right of Way Acquisition\ROW Acquisition RFP\RFP- ROW Acquisition Services - 10.5.26.docx Page 20 PROPOSER’S BID CERTIFICATION FORM
______________________________________________________________________________ (Name of Bidder)
To Whom It May Concern: I have carefully examined the Request for Proposal and any other documents accompanying or made a part of this Request for Proposal. I hereby propose to perform the following prices as specified in this Request for Proposal for Right-of-Way Acquisition Services for Yucca Trail Widening Project – Palomar Avenue to La Contenta Road, at the rates described on the following Fee Proposal. I certify that all information contained in this proposal is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this proposal on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the contract. I further certify, under oath, that this proposal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a proposal for the same product or service; no officer employee or agent of the Town of Yucca Valley or any other proposer is interested in said proposal; and that the undersigned executed this Proposer’s Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so. It is distinctly understood that the Town Council of Town of Yucca Valley reserves the right to reject any or all proposals.

Federal Tax ID:

DIR Number:

Mailing Address:

City, State, Zip Code:

Email:

Phone:

Authorized Signature
and Date:

Name of Representative:

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SECTION IV: FEE PROPOSAL
G:\A.1 CAPITAL PROJECTS - ACTIVE\1 PROJECTS -CURRENT\Project No. 7074 - Yucca Trail Widening from Palomar Ave. to La Contenta Rd\Right of Way Acquisition\ROW Acquisition RFP\RFP- ROW Acquisition Services - 10.5.26.docx Page 21 RIGHT-OF-WAY ACQUISITION SERVICES FOR YUCCA TRAIL WIDENING PROJECT – PALOMAR

AVENUE TO LA CONTENTA ROAD
IN THE TOWN OF YUCCA VALLEY, CALIFORNIA.

FEE PROPOSAL
(Insert Fee Proposal Below)

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SECTION IV: FEE PROPOSAL
G:\A.1 CAPITAL PROJECTS - ACTIVE\1 PROJECTS -CURRENT\Project No. 7074 - Yucca Trail Widening from Palomar Ave. to La Contenta Rd\Right of Way Acquisition\ROW Acquisition RFP\RFP- ROW Acquisition Services - 10.5.26.docx Page 22 Notes:
i. Prices shall include all work and material required in the Plans and Specifications although not specifically said on the Bid Schedule. Bids are to be submitted for the entire work. ii. The bidder shall set forth for lump-sum item a total for all components considered to be included in the bid item, all in clearly legible figures in the respective spaces provided for this purpose. iii. The contract prices paid for the work shall include full compensation for all taxes which the consultant is required to pay, whether imposed by federal, state, or local government, including, without being limited to, federal excise tax. No tax exemption certificate nor any document designed to exempt the consultant from payment of any tax will be furnished to the consultant by the Town as to any tax or labor, services, materials, transportation, or any other items furnished pursuant to the contract.
iv. The Town of Yucca Valley retains the right to award on the basis of bids received or to reject any or all bids.
v. No conditional bids will be accepted.

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ADDENDUM ACKNOWLEDGEMENT STATEMENT
The undersigned hereby acknowledges the receipt of the following addendum:

None No. 1 No. 2 No. 3 No. 4 No. 5
BIDDER: ________________________________________________________________________ BY: __________________________________ DATE __________________________ (If an individual, so state. If a firm or co-partnership, state the firm name and give names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, also names of President, Secretary, Treasurer, and Manager thereof.)
________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ _________________________________________________________________________ Address
_________________________________________________________________________ City State Zip
Dated: , 20____. By:_________________________________________________ By: _________________________________________________
By: _________________________________________________

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POST-AWARD FORMS
• Notice of Award
• Notice of Acceptance
• Town of Yucca Valley Professional Services Agreement

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NOTICE OF AWARD
TO:

PROJECT DESCRIPTION:

RIGHT-OF-WAY ACQUISTION SERVICES FOR YUCCA TRAIL WIDENING PROJECT – PALOMAR

AVENUE TO LA CONTENTA ROAD
TOWN PROJECT NO. 7074
The Town of Yucca Valley has considered the bid submitted by you for the above-described work in response to its Request for Proposals for Bidders dated December 3, 2026.

You are hereby notified that your bid has been accepted as listed on the Schedule of Items, Quantities and Prices in the proposal forms in the amount of $ .

You are required by the Information for Bidders to execute the Agreement and furnish the required Certificates of Insurance within ten (10) calendar days from the date of this Notice to you.

If you fail to execute said Agreement and to furnish said certificates of insurance within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Town will be entitled to such other rights as may be granted by law.

You are required to return an acknowledged copy of this Notice of Award to the TOWN OF YUCCA VALLEY.

Dated this ______ day of ________________________, 20____.

TOWN OF YUCCA VALLEY - OWNER

Town Representative Signature/Title

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ACCEPTANCE OF NOTICE
RIGHT-OF-WAY ACQUISITION SERVICES FOR YUCCA TRAIL WIDENING PROJECT – PALOMAR

AVENUE TO LA CONTENTA ROAD
TOWN PROJECT NO. 7074
Receipt of the above Notice of Award is hereby acknowledged this the ________ day of _________________________, 20_______.

Name of Consultant

Signature Date

Name and Title of Signer (Please Type)

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Page 366 of 577 ends

AGREEMENT FOR RIGHT-OF-WAY ACQUISITION SERVICES FOR
YUCCA TRAIL WIDENING PROJECT – PALOMAR AVENUE TO LA

CONTENTA ROAD
By and Between

TOWN OF YUCCA VALLEY
and
________________________________

PROJECT

YUCCA TRAIL WIDENING PROJECT
TOWN PROJECT NO.: 7074

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AGREEMENT FOR SERVICES

BETWEEN THE TOWN OF YUCCA VALLEY AND
___________________________
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 20___, by and between the Town of Yucca Valley, a general law city (“Town”) and ________________, _________________ (“Consultant”). Town and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

RECITALS
A. Town has sought, by request for proposals, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the Town to perform those services.

C. Pursuant to the Town’s Municipal Code, Town has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which services may be referred to herein as the “services” or “work” hereunder. As a material inducement to the Town entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein.

Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended.

For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

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1.2 Consultant’s Proposal.

This Agreement shall include the Request for Proposal or Invitation for Bids (“Contract Documents”) and the Scope of Service shall include the Consultant’s scope of work in Consultant’s accepted bid proposal (“Accepted Bid”) shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the Contract Documents, Accepted Bid, and/or this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with all ordinances, resolutions, statutes, rules, and regulations of the Town and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. [DELETE IF NO FEDERAL FUNDS ARE USED. In addition to the terms, conditions, and performance obligations for the Work set forth in this Contract, Consultant must also comply with the federal contract terms, conditions, rules, and regulations set forth in the attached Exhibit E (“Federal Contract Terms, Conditions, and Regulations”).]

1.4 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless Town, its officers, employees or agents of Town, against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against Town hereunder.

1.5 Familiarity with Work.

By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the Town of such fact and shall not proceed except at Town’s risk until written instructions are received from the Contract Officer.

1.6 Care of Work.

The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by Town, except such losses or damages as may be caused by Town’s own negligence.

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1.7 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.8 Additional Services.

Town shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra services, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the Town Council. It is expressly understood by Consultant that the provisions of this Article shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. Town may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Article are followed.

1.9 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern. In the event of a conflict between the provisions of any other Exhibits and any provisions of this Agreement, the provisions of this Agreement shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Prevailing Wage.

It is the understanding of the Town and Consultant that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder:

Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

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2.2 Contract Sum.

Subject to any limitations set forth in this Agreement, Town agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed ________________ Dollars ($______) (the “Contract Sum”), unless additional compensation is approved pursuant to Article 1.8.

2.3 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. In accordance with California Government Code Section 8546.7, if the Not to Exceed Amount exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement and the Consultant's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of Town or as part of any audit of the Town, for a period of three (3) years after final payment under the Agreement.

2.4 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Article 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the Town. Coordination of the performance of the work with Town is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.5 Invoices.

Each month Consultant shall furnish to Town an original invoice for all work performed and expenses incurred during the preceding month in a form approved by Town’s Finance Manager. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice Town for any duplicate services performed by more than one person.

Town may independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement.

Except as to any charges for work performed or expenses incurred by Consultant which are disputed by Town, or as provided in Article 7.3. Town will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to Town warrant run procedures, the Town cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by Town, the original invoice shall be returned by Town to Consultant for correction and resubmission. Review and

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2.6 Waiver.

Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics or pandemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the Town, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer shall extend the time for performance in accordance with the procedures set forth in Article 1.8. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the Town for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Article.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

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4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

(Name) (Title)

(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for Town to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals.

For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of Town. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement.

Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify Town of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. In the event that Town, in its sole discretion, at any time during the term of this Agreement, desire to reassign any staff or subcontractor of Consultant, Consultant shall, immediately upon reassign notice from Town of such desire of Town, reassign such person or persons.

4.2 Status of Consultant.

Consultant shall have no authority to bind Town in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against Town, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by Town. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of Town. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to Town’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

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4.3 Contract Officer.

The Contract Officer shall be such person as may be designated by the Town Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by Town to the Contract Officer. Unless otherwise specified herein, any approval of Town required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the Town Manager, to sign all documents on behalf of the Town required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of Town. Nothing in this Agreement may be construed to be inconsistent with this relationship or status. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of Town. Consultant shall have no authority to bind Town in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against Town, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by Town.
(b) Consultant shall perform all Services as an independent contractor of Town and shall remain at all times as to Town a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall be solely responsible for the means, methods, techniques, sequences and procedures in performance of Services. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control.

Any terms within this Agreement regarding Town directives apply to an concern the result of Consultant’s provision of service and not the means, methods, or scheduling of the Consultant’s work. Neither Town, nor any elected or appointed boards, officers, officials, employees or agents of Town, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of Town.
(c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any privileges or rights to retirement, health care or any other benefits which may otherwise accrue to Town’s employees. Consultant expressly waives any claim Consultant may have to any such benefits, privileges or rights.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the Town to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the Town. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of Town. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any

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ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

The Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the Town that it has secured all insurance required under this Article. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the Town and the subconsultant has secured all insurance required under this Article. Failure to provide and maintain all required insurance shall be grounds for the Town to terminate this Agreement for cause.

Minimum requirements. Consultant shall, at its sole cost and expense, procure and maintain for at least the duration of the Agreement, including any extension thereof, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants. Consultant shall also require of the subconsultants to procure and maintain the same insurance for the duration of the Agreement including any extension thereof. Such insurance shall meet at least the following minimum levels of coverage:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent).

Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (b) Workers Compensation Insurance. A policy of workers compensation insurance in such amount as will fully comply with the Labor Code of the State of California and Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. (c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. The Town shall be named additional insured.
(d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to services performed under this Agreement. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work. Coverage applicable to the work performed under this agreement shall be continued for five (5) years after completion of the work. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.

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5.2 General Insurance Requirements.

The Town, its officers, officials, employees, and volunteers shall be named additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Town, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

If the deductible or self-insured retention exceeds $10,000.00, it must be approved in advance by the Town. Consultant is responsible for any deductible or self-insured retention and shall fund it upon the Town’s written request, regardless of whether Consultant has a claim against the insurance or is named as a party in any action. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.

The policy shall cover inter-insured suits and include a “separation of insureds” or “severability” clause which treats each insured separately.

No work or services under this Agreement shall commence until the Consultant has provided the Town with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the Town. Town reserves the right to inspect complete, certified copies of all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to Town.

The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or

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All Coverages. Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased.

The coverage shall contain no special limitations on the scope of protection afforded to Town, and their respective elected and appointed officers, officials, employees or volunteers. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Town has received a waiver of subrogation endorsement from the insurer.

The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as provided in Article 5.3.

In the event the Consultant subcontracts any portion of the work in compliance with Article 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Article 5.1, and such certificates and endorsements shall be provided to Town.

5.3 Indemnification.

A. (a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Consultant’s services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless Town and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Consultant, or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant, in the performance of professional services under this Agreement.

B. (b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless Town, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in

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C. (c) Indemnification from Sub-Consultants. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Article from each and every sub-Consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this Article. Failure of Town to monitor compliance with these requirements imposes no additional obligations on Town and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend Town as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this Article.

D. (d) Town’s Negligence. The provisions of this Article do not apply to claims occurring as a result of Town’s sole negligence. The provisions of this Article shall not release Town from liability arising from gross negligence or willful acts or omissions of Town or any and all of its officials, employees and agents.

E. 5.4 Sufficiency of Insurer or Surety.

Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the Town (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the Town, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to Town and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of Town, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the Town shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to Town, and access shall be provided by Consultant’s successor in interest.

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6.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require.

Consultant hereby acknowledges that the Town is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by Consultant (collectively, “Documents”) under this Agreement are Town’s property. Consultant may retain copies of such Documents as desired but will deliver all original materials to Town upon Town’s written notice. Town agrees that use of Consultant’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at Town’s own risk. Consultant warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Specifically, Consultant understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to Town and representing it as Consultant’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, Town specifically rejects ownership of such Documents. Consultant is required to indemnify and defend Town to the fullest extent allowed by applicable law should it violate this Article.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of Town and shall be delivered to Town upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by Town of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the Town’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to Town of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify Town for all damages resulting therefrom.

All Final Work Product developed by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of Town and may be used, reused or otherwise disposed of by Town without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to Town all such Final Work Product if paid for by the Town. This

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6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than Town without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the Town Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives Town notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then Town shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify Town should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under.

Town retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with Town and to provide Town with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by Town to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in San Bernardino County.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the Town shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the Town may give notice to Consultant of the default and the reasons for the default.

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During the period of time that Consultant is in default, the Town shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the Town may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the Town may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the Town to give notice of the Consultant’s default shall not be deemed to result in a waiver of the Town’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes Town to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate Town for any losses, costs, liabilities, or damages suffered by Town, and (ii) all amounts for which Town may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, Town may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of Town to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect Town as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by Town of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant must file a statutory claim pursuant to Government Code Articles 905 et seq. and 910 et. seq., in order to pursue a legal action under this Agreement.

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7.7 Termination Prior to Expiration of Term.

This Article shall govern any termination of this Contract except as specifically provided in the following Article for termination for cause. The Town reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Article 7.3. In the event of termination without cause pursuant to this Article, the Town need not provide the Consultant with the opportunity to cure pursuant to Article 7.2.

7.8 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, Town may, after compliance with the provisions of Article 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the Town shall use reasonable efforts to mitigate such damages), and Town may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the Town as previously stated.

7.9 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. TOWN OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of Town Officers and Employees.

No officer or employee of the Town shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the Town or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of Town or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of

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No officer or employee of the Town shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, age, color, creed, religion, sex, gender, religion, marital status, national origin, gender identity, veteran status, disability, medical condition, pregnancy, childbirth and related medical conditions, military service, genetic information or testing, sexual orientation, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, or other protected class.

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should the any liability or sanctions be imposed against Town for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse Town for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by Town.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the Town, to the Town Manager and to the attention of the Contract Officer, TOWN OF YUCCA VALLEY, 57090 Twentynine Palms Highway, Yucca Valley, California 92284 and in the case of the Consultant, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Article.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

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9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the Town. The Contract Officer shall have the authority to approve any amendment to this Agreement that includes additional work, time to perform, or an increase in the Contract Sum in accordance with Article 1.8 of this Agreement. The Town’s Contract Officer may, but is not required to, make additional minor amendments not affecting substantive terms without further authorization from the Town Council. The Town Council hereby authorizes the Contract Officer to execute any such amendments as required by this Agreement or that do not otherwise reduce Town’s rights under this Agreement. All other amendments shall be approved by the Town Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or Articles contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or Articles of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Authority to Execute.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]

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TOWN OF YUCCA VALLEY:

[Curtis Yakimow, Town Manager
ATTEST:

Brooke Dudra, Town Clerk
APPROVED AS TO FORM:

BURKE, WILLIAMS, & SORENSON, LLP

Thomas Jex, Town Attorney
CONTRACTOR:

By:

Name:

Title:

By:

Name:

Title:

Address:

Two signatures are required if a corporation.

NOTE: CONTRACTOR’S SIGNATURES SHALL BE DULY

NOTARIZED, AND APPROPRIATE ATTESTATIONS

SHALL BE INCLUDED AS MAY BE REQUIRED BY THE

BYLAWS, ARTICLES OF INCORPORATION, OR OTHER

RULES OR REGULATIONS APPLICABLE TO
CONTRACTOR’S BUSINESS ENTITY.

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO
On __________, 20___ before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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SCOPE OF SERVICES
I. Consultant will perform the following Services:

II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the Town:

III. In addition to the requirements of Article 6.2, during performance of the Services, Consultant will keep the Town appraised of the status of performance by delivering the following status reports:

IV. All work product is subject to review and acceptance by the Town and must be revised by the Consultant without additional charge to the Town until found satisfactory and accepted by Town.

V. Consultant will utilize the following personnel to accomplish the Services:

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SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

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SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:

TASK RATE TIME SUB-BUDGET
A.

II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub budget to another so long as the Contract Sum is not exceeded per Article 2.1, unless Additional Services are approved per Article 1.9.

III. The Town will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

IV. The total compensation for the Services shall not exceed $______ as provided in Article 2.1 of this Agreement.

V. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.

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SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the schedule to be developed by Consultant and subject to the written approval of the Contract Officer and the Town Attorney’s office.

II. Consultant shall deliver the following tangible work products to the Town by the following dates.

III. The Contract Officer may approve extensions for performance of the services in accordance with Article 3.2.

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FEDERAL CONTRACT TERMS, CONDITIONS, AND REGULATIONS
As used in this Exhibit F, this Agreement may be referred to as the “contract,” and Consultant may be referred to as “contractor.” In performing its Work under the Contract, Contractor must conform to all applicable federal, state, and local codes, laws, ordinances, rules and regulations, which will have full force and effect as though printed in full in the Contract. In addition to the terms, conditions, performance obligations, and other requirements set forth in the Contract, Contractor must comply with the following federal contract terms, conditions, and regulations, which are incorporated by reference in the Contract:

1. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60–1.3 must include the equal opportunity clause provided under 41 CFR 60–1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964–1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” 41 CFR 60–1.4(b) provides:

The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction Work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:

During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action will include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.

This provision will not apply to instances in which an employee who has access to the

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SECTION V: SAMPLES OF POST-AWARD FORMS & PROFESSIONAL SERVICES AGREEMENT G:\A.1 CAPITAL PROJECTS - ACTIVE\1 PROJECTS -CURRENT\Project No. 7074 - Yucca Trail Widening from Palomar Ave. to La Contenta Rd\Right of Way Acquisition\ROW Acquisition RFP\RFP- ROW Acquisition Services - 10.5.26.docx Page 54 compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of Workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or Workers' representatives of the contractor's commitments under this section, and must post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction Work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in Work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor,

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The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

2. Davis–Bacon Act, as amended (40 U.S.C. 3141–3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non– Federal entities must include a provision for compliance with the Davis–Bacon Act (40 U.S.C. 3141–3144, and 3146–3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non–Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non–Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti–Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public Work, to give up any part of the compensation to which he or she is otherwise entitled. The non–Federal entity must report all suspected or reported violations to the Federal awarding agency.

3. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701–3708). Where applicable, all contracts awarded by the non–Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard Work week of 40 hours. Work in excess of the standard Work week is permissible provided that the Worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours Worked in excess of 40 hours in the Work week. The requirements of 40 U.S.C. 3704 are applicable to construction Work and provide that no laborer or mechanic must be required to Work in surroundings or under Working conditions which are unsanitary, hazardous, or dangerous.

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4. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research Work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

5. Clean Air Act (42 U.S.C. 7401–7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251– 1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non–Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251–1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

6. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

7. Byrd Anti–Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non–Federal funds that takes place in connection with obtaining any Federal award.

Such disclosures are forwarded from tier to tier up to the non–Federal award.

8. 2 CFR § 200.322 Procurement of Recovered Materials. .A non–Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

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9. Certification for Contracts, Grants, Loans, and Cooperative Agreements. The parties to this Contract agree to comply with the provisions of 43 CFR 18, New Restrictions on Lobbying, including the following certification requirements:

In accordance with 43 C.F.R. § Part. 18, Appendix A, each of the parties to this Contract certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the parties, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the parties must complete and submit Standard Form–LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The parties must require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients must certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification must be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

10. Executive Order 13513 of October 1, 2009, Federal Leadership On Reducing Text Messaging While Driving. Text Messaging While Driving by Government Contractors, Subcontractors, and Recipients and Subrecipients. Each Federal agency, in procurement contracts, grants, and cooperative agreements, and other grants to the extent authorized by applicable statutory authority, entered into after the date of this order, must encourage contractors, subcontractors, and recipients and subrecipients to adopt and enforce policies that ban text messaging while driving company-owned or -rented vehicles or GOV, or while driving POV when on official Government business or when performing any Work for or on behalf of the Government. Agencies should also encourage Federal contractors, subcontractors, and grant recipients and subrecipients as described in this section to conduct initiatives of the type described in section 3(a) of this order.

11. Drug-Free Workplace (2 CFR §182 and §1401). The Department of the Interior regulations at 2 CFR 1401—Government-wide Requirements for Drug-Free Workplace (Financial Assistance), which adopt the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended) are hereby incorporated by reference and made a part of this Contract. By entering into this Contract, the Contractor agrees to comply with 2 CFR 182.

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12. Copeland Anti-Kickback Act (18 U.S.C. 874). Contractor agrees to comply with the Copeland AntiKickback Act as supplemented by Department of Labor regulations (29 CFR part 5).

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Item: 12.

Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Alex Qishta, Public Works Director, Shane Stueckle, Deputy Town Manager Date: October 6, 2026
Meeting Date: October 20, 2026
Subject: Approval of Amendment 1 to the Albert A. Webb Associates On-call Public Works Inspection Services Agreement dated January 21, 2025
Recommendation:

Approve Amendment 1 to the Albert A. Webb Associates agreement for Public Works Inspection Services that extends the Contract Term to June 30, 2027, and increases the Contract Sum from $100,000.00 to $200,000.00.

Prior Review:

On January 21, 2025, the Town Council approved the awarding of a professional services agreement to Albert A. Webb Associates for On-call PW Inspection Services.

In April 2025, Albert A. Webb Associates began providing those services, because the Town's public works inspector's part-time hours reached their limit for FY 24/25.

Discussion:

Over recent years, the position of Public Works (PW) Inspector has been a part-time one with a limited number of work hours per fiscal year. That limit was often reached in the spring, at which time the Town would turn to a firm such as Albert A. Webb Associates to provide PW inspection services during those weeks until the new fiscal year began and the work hours reset. The Town's Public Works Inspector was recently vacated. Amendment 1 to the Agreement will provide Public Works Inspection services until June 30, 2027.

The Contract Sum and Term of the January 2025 Agreement are inadequate to meet the PW Inspection needs of ongoing projects through June 30, 2027. This amendment will ensure that Town projects will continue without interruption.

Alternatives
No alternatives are recommended.

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Fiscal Impact:

The Public Works Inspection Service costs are accommodated by the Town's Adopted General Fund Budget - Engineering Division as well as the appropriate administrative and engineering budgets for Council-approved capital projects.

Attachments

1. Amendment 1 - Webb Associates to PW Inspection Agreement 10 7 2026

2. Fully exec Albert Webb Contract as-needed PW Inspection 1 21 2025

3. TC Minutes Jan 21 2025 Pgs 2-3

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P a g e | 1 of 5
AMENDMENT 1
TO THE PROFESSIONAL SERVICES AGREEMENT DATED 21 JANUARY 2025 BY AND BETWEEN TOWN OF YUCCA VALLEY AND ALBERT A. WEBB ASSOCIATES

FOR ON-CALL PUBLIC WORKS INSPECTION
This amendment (hereinafter referred to as the “AMENDMENT”) to an agreement (hereinafter “AGREEMENT”) is made and entered into this 20th day of October 2026, by and between the Town of Yucca Valley (hereinafter "TOWN"), and Albert A. Webb Associates (hereinafter “CONSULTANT”), sometimes referred to individually as the “PARTY” and collectively as “PARTIES”, for public works inspection services (hereinafter “PROJECT”) within the Town of Yucca Valley.

RECITALS
A. TOWN and CONSULTANT entered into the AGREEMENT on January 21, 2025, for CONSULTANT to provide On-Call Public Works Inspections.

B. This AMENDMENT modifies the Contract Term to extend it through June 30, 2027.

C. This AMENDMENT increases the Contract Sum to the not-to-exceed amount of $200,000.00.

D. This AMENDMENT provides the CONSULTANT’s current year’s Fee Schedule and an additional line item to be included on invoices.

TERMS

1. Article 3.4 Term is hereby replaced entirely and to read as follows:

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect from January 21, 2025, retroactively, until completion of the services or on June 30, 2027, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

2. Article 2.1 Contract Sum is hereby replaced entirely and to read as follows:

Subject to any limitations set forth in this Agreement, Town agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed TWO HUNDRED THOUSAND DOLLARS ($200,000.00) (the "Contract Sum''), unless additional compensation is approved pursuant to Article 1.8.

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AMENDMENT 1
P a g e | 2 of 5

3. EXHIBIT “C” SCHEDULE OF COMPENSATION Item I is hereby amended to read as follows:

I. Consultant’s hourly billing rates for all personnel from January 21, 2025, through July 31, 2025, are:

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AMENDMENT 1
P a g e | 3 of 5

4. EXHIBIT “C” SCHEDULE OF COMPENSATION Item II is hereby replaced entirely to read as follows:

II. Consultant’s hourly billing rates for all personnel from August 1, 2025, through June 30, 2027, are:

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AMENDMENT 1
P a g e | 4 of 5

5. EXHIBIT “C” SCHEDULE OF COMPENSATION Item IV.A. is hereby amended to read as follows:

IV.A. Line items for all personnel describing the work performed, the Town Project Number of the work inspected, the number of hours worked, and the hourly rate.

6. EXHIBIT “C” SCHEDULE OF COMPENSATION Item V is hereby amended to read as follows:

V. The total compensation for the services shall not exceed $200,000.00 as provided in Article 2.1 of this Agreement.

Except as amended by this AMENDMENT 1, all provisions of the original AGREEMENT shall remain in full force and effect and shall govern the actions of the parties under this AMENDMENT.

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AMENDMENT 1
P a g e | 5 of 5
SIGNATURE PAGE TO AMENDMENT 1
TO THE PROFESSIONAL SERVICES AGREEMENT DATED 21 JANUARY 2025 BY AND BETWEEN TOWN OF YUCCA VALLEY AND ALBERT A. WEBB ASSOCIATES

FOR ON-CALL PUBLIC WORKS INSPECTION
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT 1 on the date first herein above written.

Town of Yucca Valley Albert A. Webb Associates
By: _______________________________ By: _________________________________ Curtis Yakimow, Town Manager Reed Chilton, Director
ATTEST:
___________________________________
Brooke Dudra, Town Clerk

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Page 432 of 577 ends

YUCCA VALLEY TOWN COUNCIL MINUTES January 21, 2025

APPROVAL OF AGENDA
RESULT: APPROVED [ UNANIMOUS]
MOVER: Rick Denison, Council Member
SECONDER: Robert Lombardo, Council Member
AYES: Drozd, Abel, Denison, Lombardo, Schooler

CONSENT AGENDA
RESULT: APPROVED [ UNANIMOUS]
MOVER: Rick Denison, Council Member
SECONDER: Merl Abel, Mayor Pro Tem
AYES: Drozd, Abel, Denison, Lombardo, Schooler

3. Town Council - Regular Meeting - Dec 17, 2024 6: 00 PM MOTION:

Approve the meeting minutes of December 17, 2024 as presented.

4. Approve the Amendment # 2 to Professional Services Agreement between the Town of Yucca Valley and PlaceWorks, California Environmental Quality Act Review, Community Center Athletic Facility Master Plan
MOTION:

Approve amendment # 2 to Professional Services Agreement between the Town of Yucca Valley and Placeworks and authorize the Town Manager to execute the amended agreement between the Town of Yucca Valley and Placeworks, for environmental services under the California Environmental Quality Act ( CEQA) for the Community Center Athletic Facility Master Plan, in the amount not to exceed $ 145, 290.

5. Approve the Professional Services Agreement between the Town of Yucca Valley and Petra Resource Management, California Environmental Quality Act Review, Community Center Athletic Facility Master Plan
MOTION:

Approve the professional services contract and authorize the Town Manager to execute the agreement between the Town of Yucca Valley and Petra Resource Management, for Archaeological Monitoring Services for the Community Center Athletic Facility Master Plan, in the amount not to exceed $ 31, 050.

6. Approve the As Needed On -Call Public Works Inspection Services, Award of Professional Services Agreements
MOTION:

Approve a professional services agreement for As Needed On -call Public Works Inspection Services to Albert A. Webb and Associates, TKE Engineering, and ERCS in the amount not to exceed $ 100, 00. each, and authorize the Town Manager, Town Wage Wage

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YUCCA VALLEY TOWN COUNCIL MINUTES January 21, 2025
Attorney and Mayor to sign all necessary documents to implement the agreements.

7. Approve the Summary of the Governor' s Preliminary FY 2025-6 State Budget Proposal
MOTION:

Receive and file the brief of the Governor' sFY 2025-6 preliminary budget.

8. Approve the Yucca Valley Aquatic and Recreation Center Project — Town Project No. 6009, approving Audio and Video technology for the Project through AVI MOTION:

Approve the proposal submitted by AVI for providing audio and video technology for the project in the amount of $599, 958. 35.

9. Approve the Town Project No. 5009; California Welcome Center Roof Replacement Project; Notice of Completion, Final Project Report
MOTION:

Accept the project as substantially complete, authorize staff to file the Notice of Completion, authorize the reduction of the Faithful Performance Bond to 10%, and direct staff to retain the Labor and Material Bond for six ( 6) months for Project No. 5009.

10. Approve the Facility Policy Update
MOTION:

Review and approve the modifications to the existing Town of Yucca Valley Facility Policy as recommended by the Parks, Recreation & Cultural Commission.

11. Adopt the Amendment of the Authorized Position List and Salary Schedule

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY, CALIFORNIA, AUTHORIZING POSITIONS AND SALARY SCHEDULES FOR FISCAL YEAR 2023-024, FISCAL YEAR 2024-025 AND FISCAL YEAR 2025-026
MOTION:

Adopt Resolution No. 25- 01 authorizing positions and pay ranges for such positions as identified in Exhibit A and Exhibit B.

12. Approve the Treasurer' sReport for the Quarter Ending December 31, 2024 MOTION:

Receive and file the Treasurer' sReport for the second quarter of FY2024- 25.

13. Approve the AB1234 Reporting Requirements
MOTION:

Receive and file the AB1234 Reporting Requirement Schedule for the month of December 2024.

14. Approve the Ratification of Warrant Registers
MOTION:

Ratify the Payroll Registers totaling $ 247, 33. 9 dated December 06, 2024, and 3I Page

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Item: 13.

Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Iryna Hess, Staff Accountant
Date: October 7, 2026
Meeting Date: October 20, 2026
Subject: AB1234 Reporting Requirements
Recommendation:

Receive and file the AB1234 Reporting Requirement Schedule for the month of September 2026.

Prior Review:

Current reimbursement policy for Council members and Successor Agency members reviewed and approved by Council August 2006.

Discussion:

AB1234 requires members of a legislative body to report on “meetings” attended at public expense at the next meeting of the legislative body. “Meetings” for purpose of this section are tied to the Brown Act meaning of the term: any congregation of a majority of the members of a legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body or the local agency to which it pertains. Qualifying expenses include reimbursement to the member related to meals, lodging, and travel.

An example of when a report is required is when a Town Council member represents his or her agency on a joint powers agency board and the Town pays for the official’s expenses in serving in that representative capacity. Additionally, in the spirit of AB1234, the Yucca Valley Town Council also reports all travel related to conference and training attended at public expense.

Although the AB1234 report can be either written or oral, this report must be made at the next meeting of the legislative body that paid for its member to attend the meeting.

Alternatives

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None
Fiscal Impact:

There is no anticipated financial impact associated with the recommended approval of AB1234 reporting requirements.

Attachments

1. AB1234 September 2026

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Date of Travel Organization Description Location
09/10/26
San Bernardino Regional Housing
Trust
Regional Housing Trust Committee meeting San Bernardino, CA 09/23/26-09/25/26 League of California Cities 2026 Annual Conference Anaheim, CA 09/23/26-09/25/26 League of California Cities 2026 Annual Conference Anaheim, CA 09/02/26 SBCTA Board of Directors Meeting San Bernardino, CA 09/03/26 SCAG Energy and Environment Committee Meeting Los Angeles, CA 09/23/26-09/25/26 League of California Cities 2026 Annual Conference Anaheim, CA 09/30/26 SBCTA Executive/Administration Committee Los Angeles, CA 09/23/26-09/25/26 League of California Cities 2026 Annual Conference Anaheim, CA Council Member Jeff Drozd
No reportable meetings
Council Member Robert Lombardo
Mayor Pro Tem Jim Schooler
Council Member Rick Denison
Town of Yucca Valley
AB1234
Council Member Meeting Schedule
September 2026
Mayor Merl Abel

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Item: 14.

Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Iryna Hess, Staff Accountant, Jordan Gumbish, Finance Manager Date: October 7, 2026
Meeting Date: October 20, 2026
Subject: Ratification of Warrant Registers
Recommendation:

Ratify the Payroll Register totaling $332,474.32 dated September 11, 2026, and $400,379.12 dated September 25, 2026. Ratify the Warrant Register totaling $3,047,519.32 for the period of September 01, 2026, through September 30, 2026.

Prior Review:

None for this item.

Discussion:

The attached Warrant Registers lists the warrants that have been paid for the periods identified above. The Finance Department certifies that to the best of staff’s knowledge and review, the listed warrants were drawn in payment of demands conforming to the adopted budget and that these demands are being presented to the Town Council for ratification.

Alternatives
None for this item.

Fiscal Impact:

The warrants presented were drawn in payment of demands included within the adopted budget.

Attachments

1. Payroll Register - September 11, 2026

2. Payroll Register - September 25, 2026

3. AP Warant Register September 2026

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Check # Name Check Date Description Check Amount
Town of Yucca Valley Page: 1
Warrant Register from 9/01/2026 to 9/30/2026
EFT Mission Square 9/03/2026 11,637.35
EFT Lincoln 457 (Payroll) 9/03/2026 4,115.21
EFT PARS 9/03/2026 1,639.02
0066972 Merl Abel 9/11/2026 Travel Expense Reimbursement, Palmdale,

08.27.2026.
214.09
0066973 Ace Alternators Yucca
Valley
9/11/2026 Equipment Maintenance Supply 235.76
0066974 Advanced Imaging
Solutions
9/11/2026 Copier Leases, 07/01/2026-09/30/2026 5,477.23 0066975 AIS 9/11/2026 Monthly Maintenance & Supplies Contract for KIP 740C Plotter, 08/17/26-09/16/26
116.80
0066976 AIS 9/11/2026 09/26 Copy Charges per Lease 816.65 0066977 American Mobile RV
Repair
9/11/2026 Sheriff's Dept Command Post Repairs 3,776.84
0066978 Animal Action League 9/11/2026 Invoices 1134, 1356, 1357, 1373, 1378 9,002.00 0066979 GREGORY ALLEN REX 9/11/2026 Invoices 11865, 11932, 12001, 12071 4,196.00 0066980 Raini Ameli Armstrong 9/11/2026 Contracted Instructor, Watercolor Workshop 21.00 0066981 Basin Transit 9/11/2026 Individual Day Bus Passes Supply 225.00 0066982 BASIN WIDE

FOUNDATION
9/11/2026 Golf Tournament Sponsorship 1,200.00
0066983 Lara Bennett 9/11/2026 Invoices Aug-26 Adult Ballet, Aug-26 Barre Fusion Pilates, Aug-26 Dance Fundamentals, Aug-26 Intro
to Gymnastics, Aug-26 Kids Rhythm+Bop, Aug-26
830.20
0066984 Castrol Premium Lube &
Smog Express
9/11/2026 Invoices 94682, 95080 143.20
0066985 Regina Costello 9/11/2026 Contracted Instructor, Belly Dance Class 37.80 0066986 Crochetiere Thomas 9/11/2026 Refund for Murder Dinner Mistery Event 70.00 0066987 Dahlin Group, Inc. 9/11/2026 YV Aquatic Center Project Services, 07/01/26- 07/31/26, Reimbursable
550.28
0066988 Letner Roofing Co 9/11/2026 Invoices Application#4, Application#5, Inv 71509 17,955.39 0066989 DATA TICKET INC 9/11/2026 07/26 Code Enforcement Processing 1,328.30 0066990 RICK DENISON 9/11/2026 Travel Expense Reimbursement, Ontario,

08.19.2026.
138.47
0066991 Desert Arc 9/11/2026 07/26 Cleaning Services 7,593.64 0066992 Dog Waste Depot 9/11/2026 Dog Waste Roll Bags Supply 1,348.50 0066993 Dorothy Davidson-York 9/11/2026 Invoices 001, 002 1,888.00 0066994 Eberhard Equipment 9/11/2026 2025 Kubota L2502HST Tractor, with Loader, Scraper and Bucket, PO27-10274
29,590.74
0066995 FEDEX 9/11/2026 Express Shipping Service 71.44
0066996 First American Data Tree,
LLC
9/11/2026 Monthly Subscription for Property Info Website 100.00 0066997 Frazier Pest Control, Inc. 9/11/2026 Invoices 278391, 278392 469.00 0066998 FULTON DISTRIBUTING
CO
9/11/2026 Janitorial Supplies 642.39
0066999 Karen Gladis 9/11/2026 Dance Mojave Class 150.50 0067000 Gold Mountain California
News Media, Inc.
9/11/2026 Display: Pet Adoptions Ads 1,000.00
0067001 GUY WULF 9/11/2026 Invoices 082526, 082726, 090126 315.00 0067002 Jennifer Henry 9/11/2026 Dance Mojave Adult Class 10.50 0067003 Hernandez Environmental
Services
9/11/2026 WJT Annual Report for YVARC 4,500.00
0067004 Hi-Desert Water District 9/11/2026 Invoices Aug-26, Sept-26 65,211.16 0067005 J'S LINERS &

ACCESSORIES
9/11/2026 Vehicle Maintenance Supplies 658.00
0067006 James McCubbin 9/11/2026 Facilities Expense Reimbursement 788.35 0067007 KCDZ-FM 9/11/2026 Radio Advertisement - Animal Shelter 620.00 0067008 KELLY PAPER

COMPANY
9/11/2026 Invoices 12309830, 12309831, 12309832 695.99
0067009 Kevin Quinlan 9/11/2026 Invoices 082626, 090226 210.00 0067010 Lakefront Lock and Key 9/11/2026 Locks Cores for Pickleball Courts Fences 1,599.84 0067011 FRED'S TIRES 9/11/2026 Special Order Tires and Install 550.00

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Check # Name Check Date Description Check Amount
Town of Yucca Valley Page: 2
Warrant Register from 9/01/2026 to 9/30/2026
0067012 Meilani MacDonald 9/11/2026 Contracted Instructor, Arts and Crafts Club 21.00 0067013 Golden West Sign Arts 9/11/2026 Route 66 Handpainted Sign 700.00 0067014 Midwest Veterinary
Supply, Inc.
9/11/2026 Invoices 29197537-000, 29303944-000 4,215.82
0067015 Victoria Montgomery 9/11/2026 Contracted Instructor, Stretch "N" Tone Class 151.20 0067016 MORONGO UNIFIED

SCHOOL DISTRICT
9/11/2026 08/26 Fleet Fuel 5,629.73
0067017 NATIONAL BAND & TAG 9/11/2026 TOYV Animal License Tags 151.50 0067018 Nelson Mobile Services
Inc
9/11/2026 Invoices 2934, 2935, 2936, 2937, 2938, 2948, 2949 1,545.67 0067019 Ontario Spay and Neuter
Inc.
9/11/2026 Invoices 285564, 287311 2,735.00
0067020 Parkhouse Tire Inc 9/11/2026 Tires for Veh#30 2,583.60 0067021 Patrick Morning 9/11/2026 Reimbursement for PPE 253.80 0067022 Public Agency Risk
Management Association
9/11/2026 Public Entity Annual Membership 300.00
0067023 Quadient Finance USA
Inc.
9/11/2026 Postage 3,440.28
0067024 Quadient Leasing USA
Inc.
9/11/2026 Invoices Q2494260, Q2494261 2,019.27
0067025 QUALITY STREET

SERVICES INC
9/11/2026 Street Sweeping Service Routine, Ticket #4637, 08/02/26-08/06/26
8,480.00
0067026 Jessica Rice 9/11/2026 Travel Reimbursement, CRRA 08.30.26-09.02.26 1,384.29 0067027 Rotolo Chevrolet Inc. 9/11/2026 2026 Chevrolet Silverado 3500 Truck, PO27-10275 80,666.33 0067028 Penny Lee Shadwick 9/11/2026 Contracted Instructor, Knit and Crochet Class 18.20 0067029 WANDA STADUM 9/11/2026 Invoices Jul-Aug-2026, Jun-2026 2,487.80 0067030 DEPARTMENT OF

JUSTICE
9/11/2026 07/26 Fees 60.00
0067031 WS Chief Cornerstone
DBA: Total Care Work
Injury
9/11/2026 Medical Fees 35.00
0067032 UniFirst Corporation 9/11/2026 Invoices 2200438096, 2200440466 494.40 0067033 VCA Yucca Valley Animal
Hospital
9/11/2026 Invoices 5563706932, 5563706970, 5563706977,
5563706978, 5563708152, 5563708318,
5563708582, 5563708791, 5563709217,
2,846.55
0067034 Wireless Controls, Inc. 9/11/2026 Irrigation Controller at Animal Shelter 3,262.18 0067035 Tammy Wright 9/11/2026 Rental Refund 64.00
0067036 Yucca Valley Auto Parts,
Inc.
9/11/2026 Invoices 546274, 546339, 546761, 547217 980.47

EFT ALBERT A WEBB
ASSOC
9/11/2026 Public Works Inspection Services, 07/26/26-08/22/26 18,360.00 EFT CARA Enterprises, Inc. 9/11/2026 License Preparation Fee for Renewal of FCC License WQYM479 (Animal Care&Control
Communications Radios)
225.00

EFT CARL OTTESON'S

CERTIFIED BACKFLOW

TESTING
9/11/2026 Backflow Testing Service 360.00
EFT Charter Communications 9/11/2026 Cable/Fiber Services 1,889.64 EFT CityTech Solutions, Inc. 9/11/2026 CityTech Code Pro Subscription and Licensing, 09/2026-08/2027
24,500.00
EFT EcoFert, Inc. 9/11/2026 08/26 Monthly Program Fees 2,346.00 EFT Garnet Reclamation LLC 9/11/2026 Mixed-Loads Right to Dump Fees 540.00 EFT Honeywell International
Inc.
9/11/2026 Mechanical & Electrical Service, October 2026 5,828.96 EFT Joshua Curtis Slone 9/11/2026 Exercise Physiologist, Senior Programming 1,050.00 EFT Landmark Consultants,
Inc
9/11/2026 YV Aquatic & Recreation Center Prop 68, 08/13/26- 08/26/26
6,006.00
EFT Mariposa Landscapes
Inc.
9/11/2026 08/26 Landscape Maintenance 9,726.56
EFT Shawn M Matteke 9/11/2026 Contracted Instructor, Senior Programming 600.00 EFT Nena C McCullough 9/11/2026 Senior Center Expense Reimbursement 146.74 EFT MD Concrete 9/11/2026 Invoices 00263, 00264 38,764.00

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Check # Name Check Date Description Check Amount
Town of Yucca Valley Page: 3
Warrant Register from 9/01/2026 to 9/30/2026
EFT NSWC Mechanical
Service, LLC
9/11/2026 HVAC Repair at Library 3,178.65
EFT Primo Brands 9/11/2026 Office Bottled Water Supply (TH) 301.67 EFT Right of Way, Inc. 9/11/2026 Street Signs Supply 1,790.30 EFT Roadrunner Print and
Ship
9/11/2026 Senior Center Monthly Calendar 35.87
EFT SBCO Sheriff's
Department
9/11/2026 Invoices 1800003013, 1800003014, 1800003092,
1800003112
720,695.74
EFT Southwest Networks, Inc. 9/11/2026 Invoices 26-8085, 26-9041SC 14,885.55 EFT Valley Independent
Printing LLC
9/11/2026 Invoices 45893, 45905 14,337.18
EFT Yunex LLC 9/11/2026 Invoices 5610009094, 90010923 550.96 0067037 MD Concrete 9/11/2026 Installation of Concrete Drainage Structure 23,000.00

EFT TRACTOR SUPPLY

CREDIT PLAN
9/11/2026 Credit Card 205.38
EFT Electryon Tech LLC 9/11/2026 Internet Service 129.00 EFT CSC/Home Depot 9/11/2026 Credit Card 3,203.28
EFT Parkers Building Supply 9/11/2026 Credit Card 184.35 EFT WEX Bank 9/11/2026 Fuel 3,086.86
EFT TPx Communications 9/11/2026 Phone Service 5,048.57 EFT G-44 GO1 OAR Payment
Processing
9/11/2026 Electric Service 33,136.46
EFT Clear Channel Outdoor 9/16/2026 2026 YV Orchid Festival 9,700.00 EFT Mission Square 9/16/2026 7,296.89
EFT Lincoln 457 (Payroll) 9/16/2026 4,115.19
EFT PARS 9/16/2026 1,194.34
0067038 Merl Abel 9/25/2026 Travel Expense Reimbursement, San Bernardino,

09.10.2026.
114.78
0067039 ACTION PUMPING INC 9/25/2026 Machris Park Septic Pumping 510.00 0067040 AIS 9/25/2026 Monthly Maintenance & Supplies Contract for KIP 740C Plotter, 09/17/26-10/16/26
116.80
0067041 Alexander Cordova 9/25/2026 2026 Summer Run Event Contracted Service 120.00 0067042 Alliance Race Timing 9/25/2026 Run Timing Fee, 2026 Summer Run 1,300.00 0067043 GREGORY ALLEN REX 9/25/2026 Invoices 12123, 12160 1,601.00 0067044 Architerra Design Group 9/25/2026 Town Monument Design 2,292.52 0067045 LESLEY COPELAND 9/25/2026 Reimbursement for monthly medical insurance cost, September 2026
1,758.06
0067046 CoreLogic Solutions LLC,
Information Solutions
9/25/2026 RQ2 Nationwide Commitment Package, Aug 2026 488.47 0067047 Desert Arc 9/25/2026 08/26 Cleaning Services 7,593.64 0067048 Dorothy Davidson-York 9/25/2026 Veterinary Services 500.00 0067049 Erik Mendoza 9/25/2026 Photography Service for Pickleball Ribbon Cutting 500.00 0067050 EWING IRRIGATION

PRODUCTS INC
9/25/2026 Irrigation Maintenance Supplies 2,187.76
0067051 FEDEX 9/25/2026 Express Shipping Service 96.36
0067052 Frazier Pest Control, Inc. 9/25/2026 Invoices 274914, 282598, 283294 259.00 0067053 FULTON DISTRIBUTING
CO
9/25/2026 Janitorial Supplies 1,551.03
0067054 Geocon West Inc. 9/25/2026 YV ARC Project, Professional Services Through

08.09.2026.
10,237.50
0067055 Gold Mountain California
News Media, Inc.
9/25/2026 Invoices 70578, 70579, 70618, 70619 1,710.54
0067056 Grainger 9/25/2026 Invoices 9072939516, 9073187628 259.77 0067057 GUY WULF 9/25/2026 Invoices 090326, 090826, 091026, 091526 420.00 0067058 Hinderliter, de Llamas
and Associates
9/25/2026 Invoices SIN067772, SIN067924, SIN067925 2,109.34 0067059 Hi-Desert Water District 9/25/2026 Water Supply Service 2,962.78 0067060 Home & Construction
Services
9/25/2026 CWMP Deposit Refund 500.00
0067061 Jack Murdock 9/25/2026 Magic and Clown Shows Deposit 750.00

Page 445 of 577 ends

Check # Name Check Date Description Check Amount
Town of Yucca Valley Page: 4
Warrant Register from 9/01/2026 to 9/30/2026
0067062 James McCubbin 9/25/2026 Travel Expense Reimbursement, PWX Houston, 08/29/26-09/02/26
2,025.34
0067063 Jernigans Sporting
Goods, Inc.
9/25/2026 Annual Work Boots for Jesus Manjarrez 250.00
0067064 Jared Jerome 9/25/2026 Travel Advance, APA Conference, 10.03.26-10.06.26 199.12 0067065 Kevin Quinlan 9/25/2026 Invoices 090926, 091626 210.00 0067066 MICHAEL E LANG 9/25/2026 Contracted Instructor, CPR Class 87.50 0067067 FRED'S TIRES 9/25/2026 Tire Repair 25.00
0067068 MBCDT 9/25/2026 FY26/28 Measure Y Partnership Agreement 11,250.00 0067069 McCue Mechanical 9/25/2026 Senior Center Walk In Cooler Maintenance Service 500.00 0067070 Merz, Glen 9/25/2026 GPMT Grading Permit Refund GP 18-22@4916 Elata Ave
1,495.00
0067071 Midwest Veterinary
Supply, Inc.
9/25/2026 Invoices 29554738-000, 29554738-050 4,228.96
0067072 PLASTICPLACE 9/25/2026 Grounds Maintenance Supplies 520.37 0067073 Cerritos Ford Inc 9/25/2026 2026 Ford F350 S, VIN#1FT8W3BT8TED25318, PO27-10277
71,982.65
0067074 Paisley Ramstead 9/25/2026 Safe Snake Handling Workshop 150.00 0067075 PlaceWorks, Inc. 9/25/2026 Addendum EIR Open Space Element Update, PO25 -10129, August 2026

66.25 0067076 Ashraf Qishta 9/25/2026 Travel Expense Reimbursement, PWX Houston, 08/30/26-09/02/26
285.07
0067077 Samson, Mario 9/25/2026 CWMP Deposit Refund 500.00 0067078 SBCO RECORDER 9/25/2026 Release of Pendency 20.00 0067079 Trophy Express 9/25/2026 Name Badges for Staff 64.59 0067080 UniFirst Corporation 9/25/2026 Invoices 2200443187, 2200446026 494.40 0067081 VCA Yucca Valley Animal
Hospital
9/25/2026 Invoices 5563707295, 5563707322, 5563707919,
5563708168, 5563708175, 5563708507,
5563708785, 5563709028, 5563710121,
2,318.06
0067082 Webb Municipal Finance
LLC
9/25/2026 LLMD N#1 St & Drainage Maintenance Dist 1, CFD 11-1, thru 08.22.2026.
4,421.02
0067083 Yucca Valley Auto Parts,
Inc.
9/25/2026 Invoices 546803, 546808, 547207, 547474 Credit, 547614, 548092, 548155
4,764.03
0067084 Yucca Valley Material Lab 9/25/2026 FY26/28 Measure Y Partnership Agreement 5,000.00 0067085 YUCCA VALLEY
TOWING, INC.
9/25/2026 Vehehicle Towing Service 299.00
EFT Airgas USA, LLC 9/25/2026 Aquatics Rent Cyl Med Oxygen 53.90

EFT ALBERT A WEBB
ASSOC
9/25/2026 Public Works Inspection Services, 06/28/2026- 07/25/2026
18,700.00
EFT American Business Bank 9/25/2026 Retention Escrow Deposit for RC Construction Inc., YV ARC Project; Application#25, period thru
08/31/2026
42,906.62
EFT Burke Williams and
Sorensen LLP
9/25/2026 08/26 Professional Services 41,669.84

EFT CARL OTTESON'S

CERTIFIED BACKFLOW

TESTING
9/25/2026 Backflow Testing and Backflow Module Install 1,125.00 EFT CDW GOVERNMENT 9/25/2026 Adobe Subscription Museum 89.00

EFT CHARLES ABBOTT

ASSOCIATES
9/25/2026 08/26 Building Permit and Plan Check Fees 37,816.97 EFT Dana Safety Supply 9/25/2026 Items to Outfit Offroad Motocycle, FY22/23 JAG Grant
5,632.96
EFT Environment Planning
Development Solutions,
Inc.
9/25/2026 CEQA for Tumbleweed Sanctuary, CUP 01-24, EA
02-24, throught 08/23/2026
247.50

EFT FARMER BROTHERS
CO
9/25/2026 Invoices 70661659, 70661660 Credit 179.95
EFT FORTE 9/25/2026 PO25-10127, YVARC Project, Security Systems Equipment, #12
60,484.95
EFT Genesi LLC 9/25/2026 09/2026 Professional Services 10,000.00 EFT HMC Group dba HMC
Architects
9/25/2026 07-08/26 YV Aquatic Center Project - prop 68 89,697.50

Page 446 of 577 ends

Check # Name Check Date Description Check Amount
Town of Yucca Valley Page: 5
Warrant Register from 9/01/2026 to 9/30/2026
EFT Landmark Consultants,
Inc
9/25/2026 YV Aquatic & Recreation Center Prop 68, 08/27/26- 09/09/26
1,144.00
EFT Nena C McCullough 9/25/2026 Senior Center Expense Reimbursement 256.91 EFT MD Concrete 9/25/2026 Invoices 00266, 00267 42,697.00 EFT Noel Rodney Owsley 9/25/2026 Generl Engineering Services; NRO Project#100.000 2,400.00 EFT Primo Brands 9/25/2026 Office Bottled Water Supply (CD) 334.59 EFT QuickScores LLC 9/25/2026 Sports Online Platform Service 126.00 EFT Right of Way, Inc. 9/25/2026 Street Signs Supply 914.74 EFT Robert Clapper
Construction Services Inc
9/25/2026 YV Aquatic and Recreation Center Construction Project, thru August 31, 2026
815,225.84
EFT Safework, Inc 9/25/2026 YVARC Project Construction Managment, 08/01/2026-08/31/2026
65,000.00
EFT SBCO Sheriff's
Department
9/25/2026 FY226/27 CAL-ID Assessment Fee 25,991.86

EFT SEDANO FORD OF LM,
INC
9/25/2026 2026 Ford Transit Cargo Van,
VIN1FTBW3XG9TKB51567, PO27-10276
69,820.21
EFT Shine Creations LLC 9/25/2026 Deposit for 2026 Christmas Tree Lightning 16,500.00 EFT Spec Construction Co.,
Inc.
9/25/2026 Senior Center Improvement Project Retention
Release
96,112.77
EFT Valley Independent
Printing LLC
9/25/2026 Invoices 45889, 45891 219.21
EFT Van Engineering Inc. 9/25/2026 CC Athletic Facility Improvements, 08/01/26- 08/31/26
96,387.00
0067086 Tommie L Jones 9/25/2026 Tuition Reimbursement 1,479.28 0067087 Kosmont Companies 9/25/2026 Business Attraction and ICSC Support Services 2,418.08 0067088 PlaceWorks, Inc. 9/25/2026 CEQA for Yucca Trail Widening Project, August 2026 7,426.50 0067089 JOHN CLAYTON
RARDON
9/25/2026 Severance Payment 22,094.49
EFT Pacific Western Bank 9/25/2026 Credit Card 31,220.57 EFT WEX Bank 9/25/2026 Fuel 406.22
EFT SCE 9/25/2026 Electric Service 26,581.96
EFT Pacific Western Bank 9/25/2026 Credit Card 7.60
EFT Multy Service Technology
Solutions Inc.
9/25/2026 Credit Card 369.72
Total Checks: 3,047,519.32

Page 447 of 577 ends

Item: 15.

Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Jordan Gumbish, Finance Manager
Date: October 13, 2026
Meeting Date: October 20, 2026
Subject: Treasurer's Report for the Quarter Ending September 30, 2026 Recommendation:

Receive and file the Treasurer’s Report for the first quarter of FY2026-27.

Prior Review:

None.

Discussion:

The investment policy and Town Code of the Town of Yucca Valley requires that quarterly Treasurer’s reports be filed with the Town Council. The attached Treasurer’s Report is for the First Quarter of FY2026-27.

Alternatives
None.

Fiscal Impact:

None.

Attachments

1. Treasurers Report September 30, 2026

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Market Percent of Maturity
Institution/Investment Value Portfolio Yield Date
Banc of California -Checking Acct $ 8,578,751 27.38% 0.00% Liquid Local Agency Investment Fund (LAIF) 982,099 3.13% 3.91% Liquid Banc of California -Successor Agency 319,621 1.02% 0.00% Liquid Banc of California - Money Market Account 10,013,905 31.96% 3.98% Liquid Chandler Asset Mgmt Portfolio 11,436,259 36.50% 4.18% Liquid to 6/30/28 Petty Cash 3,390 0.01% 0.00% Liquid
Total Cash & Investments $ 31,334,024 100.00% 2.92%
Jordan Gumbish
Finance Manager
Town of Yucca Valley
Treasurer's Report
As of September 30, 2026

2.00%

2.50%

3.00%

3.50%

4.00%

4.50%
RETURN

INVESTMENT PORTFOLIO PERFORMANCE
Portfolio Return 90 Day T-Bill
2025 2026
I certify that to the best of my knowledge, this report accurately reflects all pooled investments, and is in conformity with the Town's investment policy revised on June 21, 2022, which complies with the California Government Code. A copy of this investment policy, along with the supporting banking and investment statements, is available in the office of the Town Clerk. All investment actions executed since the last investment report have been made in full compliance with the Investment Policy. This investment program provides sufficient cash flow liquidity to meet the next six months of budgeted expenditures.

Page 449 of 577 ends

Item: 16.

Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Jared Jerome, Senior Planner, Evan Willoughby, Associate Planner, Shane Stueckle, Deputy Town Manager
Date: October 7, 2026
Meeting Date: October 20, 2026
Subject: Conditional Use Permit, CUP 06-25, Varian, V 04-25, and Environmental Assessment, EA 17-25 Windmill Wireless Facility "Shot Clock" Tolling Agreement between the Town of Yucca Valley and VB BTS II, LLC, Federal Communications Commission Permit Processing Timeline Requirements for Cellular Service Facilities
Recommendation:

Approve the tolling agreement and authorize the Town Manager to execute the agreement between the Town of Yucca Valley and VB BTS II, LLC, for a “shot clock” tolling agreement for Conditional Use Permit 06-25, Environmental Assessment 17-25, and Variance 04-25, for waiver of state mandated CEQA processing timelines, the time period within which the Town may act on the Application, under both California and federal law as described herein, shall be extended through February 1, 2027 (“Extended Date”).

Prior Review:

There has been no prior review of this matter.

Discussion:

Federal Limits on the Town’s Authority, 47 U.S.C. § 332(c)(7) (“Section 332”) is the principal federal law limiting the Town’s authority over placement of wireless facilities. Section 332 recognizes and preserves local zoning authority over the placement, construction and modification of wireless communications facilities.

Section 332(c)(7)(ii) provides that local authorities must make a final decision regarding whether to approve or deny an application within a “reasonable period of time” after the request is filed, taking into account the nature and scope of the request.

In 2009, the FCC established “presumptively reasonable periods” for local action on a wireless communications facility siting application—typically referred to as the “shot clocks.” Applications that propose a “collocation” must be approved or denied within 90 days;

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applications for all other facilities must be approved or denied within 150 days.

The FCC has since adopted three other “shot clocks” for other types of wireless applications.

Also worth noting, a California state law, Gov. Code Section 65964.1, provides that if a local government fails to act within the time required by the applicable FCC shot clock, the applicant may pursue a “deemed approval” of its application by providing notice to the local government, and the local government would have to go to court within 30 days to try to challenge the deemed granted assertion.

On November 26, 2025, the Town received a Conditional Use Permit (CUP 06-25) and Environmental Assessment (EA 17-25) applications from VB BTS II, LLC for the purpose of construction of an 82' faux windmill with wireless communication infrastructure. With the application was a letter notifying the Town that there is a 150-day “shot clock” established by the Federal Communications Commission. On November 26, 2025, Assurance Development (representing VB BTS II, LLC) submitted a Variance (V 04-25) application for the proposed project.

A completeness review letter was provided to the applicant on December 18, 2025, deeming the application incomplete. A second completeness review letter was provided to the applicant on June 5, 2026, deeming the application complete. As of October 20, 2026, 137 days have elapsed from the 150-day shot clock.

The proposed project requires California Environmental Quality Act (CEQA) compliance. The request for proposals (RFP) for CEQA services for the proposed project was issued on June 18, 2026. The kick-off meeting for CEQA review was September 15, 2026. The CEQA documents preparation and review is anticipated to take at least four (4) months to complete. The preparation of the required CEQA document(s) would result in the expiration of the 150-day shot clock.

Therefore, in order to comply with CEQA, a tolling agreement between VB BTS II, LLC and the Town of Yucca Valley is required to “pause” the shot clock until February 1, 2027.

Alternatives
None.

Fiscal Impact:

NA.

Attachments

1. CUP 06-25 Windmill Wireless Tolling Agreement for Wireless Installations

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4930-8446-7927 v1
TOWN OF YUCCA VALLEY “SHOT CLOCK” TOLLING AGREEMENT
This Tolling Agreement (“Agreement”), is made and entered into the 20th day of October 2026, (“Effective Date”) by and between VB BTS III, LLC (“Applicant”) and the Town of Yucca Valley, a municipal corporation of the State of California (“Town”). Town and Applicant shall be collectively referred to as the “parties.”

RECITALS
WHEREAS, Applicant has filed an application with the Town on November 26, 2025, for the construction of a wireless installation proposed to be located at Assessor’s Parcel Number 0587- 011-04 (“Application”); and
WHEREAS, the Federal Telecommunications Act requires that local governments act on wireless siting applications, “within a reasonable period of time” (47 USC § 332(c)(7)(B)(ii)); and WHEREAS, in a 2018 Declaratory Ruling, the Federal Communications Commission (“FCC”) clarified that “any request for authorization to place, construct, or modify personal wireless service facilities” under section 332(c)(7)(B)(ii) means all authorizations necessary for the deployment of personal wireless services infrastructure. See In Re: Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, Declaratory Ruling and Third Report and Order (Sept. 27, 2018) 33 FCCR 9088 (the “Ruling”); and WHEREAS, the Ruling codified various deadlines (“shot clocks”) in subpart U to Part 1 of Title 47 (section 1.6001 et seq.), which specifies that unless a written agreement between the applicant and the siting authority provides otherwise, the tolling period shall be as provided in section

1.6003(d); and
WHEREAS, Section 1.6003(c) of subpart U to Part 1 of Title 47 provides that the presumptively reasonable periods of time for action on applications seeking authorization for deployments are as follows: (i) review of an application to collocate a Small Wireless Facility using an existing structure: 60 days; (ii) review of an application to collocate a facility other than a Small Wireless Facility using an existing structure: 90 days; (iii) review of an application to deploy a facility other than a Small Wireless Facility using a new structure: 150 days.

WHEREAS, the parties agree that it is necessary to extend the period within which the Town can review the Application in an orderly manner, without either party risking the loss of important rights and therefore wish to enter into this Tolling Agreement to extend the period of review for the Application.

NOW, THEREFORE, the parties agree as follows:

1. The foregoing recitals are true and accurate.

2. The time period within which the Town may act on the Application, under both California and federal law as described herein, shall be extended through February 1, 2027 (“Extended Date”).

Page 452 of 577 ends

4930-8446-7927 v1

3. No claim or allegation of unreasonable or unlawful delay under California or federal law can be made by Applicant before the expiration of the Extended Date.

4. If the Town has not acted on the Application by the Extended Date, this Agreement shall not be construed as an admission by the Town that such failure to act is unreasonable or unlawful, nor shall it be construed to waive or otherwise impair the rights of Applicant with respect to any such claim, including Applicant’s right to file an “unreasonable delay” claim under 47 USC 332 (c)(7)(B) within thirty (30) days following the Extended Date. Additionally, this Agreement shall not be construed to waive any claims by the Town regarding the validity, or applicability of the requirements and deadlines established in the Ruling.

5. This Agreement may be executed in counterparts and with electronic signatures, each of which shall be deemed an original. The individuals whose signatures appear below on behalf of each party warrant that they are authorized to execute this Agreement on behalf of their respective parties and to bind them to the terms herein.

IN WITNESS WHEREOF, the parties have executed this Agreement, which shall be effective as of the Effective Date written above.

The Town of Yucca Valley: Applicant:
_________________________ _______________________
Curtis Yakimow, Town Manager Name, Title
_________________________ ________________________
Date Date
ATTEST:
_________________________
Brooke Dudra, Town Clerk
APPROVED AS TO FORM:
_________________________
Thomas Jex, Town Attorney

Page 453 of 577 ends

Item: 17.

Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Jessica Rice, Senior Management Analyst
Date: October 12, 2026
Meeting Date: October 20, 2026
Subject: Town Council Committee Assignment - Solid Waste Advisory Taskforce Recommendation:

That the Town Council appoint Jessica Rice, Senior Management Analyst, as the alternate representative for the Town of Yucca Valley on the Solid Waste Advisory Taskforce, and notify the County of the addition in representation.

Prior Review:

The Town Council has previously designated a representative to the Solid Waste Advisory Taskforce. This item updates the Town’s representation to include an alternate representative.

Discussion:

As required by the California Integrated Waste Management Act, the Solid Waste Advisory Taskforce (SWAT) of San Bernardino County carries out the responsibilities mandated by the State of California through AB 939. SWAT may also consider and make recommendations to the County on other solid waste related matters as they may deem appropriate. In addition to the SWAT itself, it currently has three committees: Technical, Strategic Planning and Membership.

The SWAT and the Technical Committee meet twice annually. The Strategic Planning and Membership Committees meet on an as-needed basis. All meetings are open to the public and publicly noticed.

Councilmember Drozd is currently designated as the Town’s primary representative on the Taskforce. There is no designated alternate. At the request of the Taskforce, it is recommended that an alternate be appointed. Due to the infrequent meeting of the body, as well as the technical nature of the Taskforce, it is recommended that Town Staff be designated as the alternate.

Solid waste programming and management is administered by the Town’s Senior Management Analyst, Jessica Rice. Therefore, it is recommended that Ms. Rice be appointed to serve as the alternate on the Solid Waste Advisory Taskforce, providing additional support to

Page 454 of 577 ends

Councilmember Drozd.

Alternatives
None
Fiscal Impact:

None for this item.

Attachments

1. 10 20 26 Town Council Committee Assignments

Page 455 of 577 ends

Town Council Committee Assignments

COMMITTEE REPRESENTATIVE MEETING SCHEDULE LOCATION
DESERT SOLID WASTE JPA Drozd
Schooler (Alt)
10:00 a.m.
2 nd Thursday
Feb, May, Aug, Nov
Victorville

LEAGUE OF CALIFORNIA CITIES

DESERT MOUNTAIN DIVISION
Lombardo
Schooler (Alt)
10:00 a.m.
4 th Friday- Quarterly Varies

LEAGUE OF CALIFORNIA CITIES

LEGISLATIVE DELEGATE
Mayor
Mayor Pro Tem (Alt) TBD- Annually Conference Location
LEGISLATIVE TEAM Abel
Schooler
Proposed for Council Members to work with Town
Manager meeting with legislators when necessary
SBCTA MOUNTAIN/DESERT POLICY COMMITTEE Denison
Lombardo (Alt)
9:30 a.m.
3 rd Friday Apple Valley

BASIN TRANSIT
Abel
Drozd
Lombardo (Alt)
5:00 p.m.
4 th Thursday Joshua Tree
MOJAVE AIR QUALITY DISTRICT Abel
Schooler (Alt)
10:00 a.m.
4 th Monday Victorville
SBCTA Denison
Lombardo (Alt)
10:00 a.m.
1 st Wednesday San Bernardino
SO. CALIFORNIA ASSOC. GOV (SCAG)
GENERAL ASSEMBLY SBCTA Rep/Alternate AnnuallyMay Varies

SB COUNTY SOLID WASTE ADVISORY TASK FORCE
(SWAT)
Drozd
Jessica Rice (Alt) Twice Yearly San Bernardino
SPORTS COUNCIL Drozd
6:30 p.m.
2 nd Monday
March, June, Sept
Yucca Valley
Standing Committee Assignments

COMMITTEE REPRESENTATIVES
ANIMAL SHELTER COMMITTEE Drozd
Schooler
Ad Hoc Committee Assignments

COMMITTEE REPRESENTATIVES
HI-DESERT WATER DISTRICT Lombardo
Schooler
MAINTAINED ROAD SYSTEM Abel
Denison
SBCO FIRE DEPARTMENT PROJECTS Denison
Drozd

TOWN MANAGER EMPLOYMENT

AGREEMENT NEGOTIATIONS
Drozd
Abel

Page 456 of 577 ends

Item: 18.

Town of Yucca Valley
Town Council Staff Report
To: Town Council
From:

Date: October 14, 2026
Meeting Date: October 20, 2026
Subject: CDBG Program Town Application
Recommendation:

Ratify and approve the staff recommended project for the 2027-28 CDBG Program Town Application.

Prior Review:

None.

Discussion:

At the beginning of each cycle of Community Development Block Grant (CDBG) funding, staff submits an application for Town projects to be considered for funding from the annual allocation from the County. This is not the Prioritization Hearing that will be held in early 2027, during which all applications will be reviewed by Council and a funding recommendation based on local priorities will be sent to the County Board of Supervisors for consideration.

Town staff recommends the following projects be submitted for eligibility for the 2027-28 Program Year of the CDBG Program:

1. Brehm II Turf Improvement Project: The Brehm II park facility is a central location for Town residents with field usage for youth sports, recreation activities, and more. The current fields require removal and replacement with the current scope to include the removal of 18" of topsoil, replacement of the current irrigation system with an improved water efficient system, and instalation of new topsoil and grass. The improvements to these fields wil ensure long-term safe and efficient fields to provide for the health and social service needs of the local residents All organizations interested in submitting an application for project or program funding through Yucca Valley’s CDBG funding allocation had to submit their proposals and applications to the County of San Bernardino Community Development and Housing (CDH) Department by Thursday October 15 at 4:00 p.m. PST. Town staff submitted the application for this grant in

Page 457 of 577 ends

accordance with the County requirements.

CDH will evaluate and send eligible proposals back to the Town in December 2026. The Town anticipates holding a public hearing regarding CDBG applications in January 2027.

Alternatives
None.

Fiscal Impact:

Community Development Block Grant Funding is estimated to accomodate $120,000 of project construction costs for the FY2027-28 program cycle.

Attachments

1. San Bernardino County Community Development & Housing (CDH) Submission Manager - 2027-28 Community Development Block Grant Application (Cities)

Page 458 of 577 ends

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2027-28 Community Development Block Grant
Application (Cities)
Ends on Thu, Oct 15, 2026 7:00 PM (in a day)
San Bernardino County Community Development and Housing (CDH) Department is now accepting applications for the Community Development Block Grant (CDBG) Program, Program Year 2027–2028. Applications must be submitted by 4:00 PM (PST) on October 15, 2026. Eligible applicants include participating cities, 501(c)(3) nonprofits, and qualified forprofits (economic development only). Projects must meet a HUD National Objective, align with the County’s Consolidated Plan priorities, and be completed within required timelines (10 months for public services; 18 months for construction).

Incomplete or late submissions will not be considered.

Click here (https://cdh.sbcounty.gov/wp-content/uploads/sites/117/2026-2027-CDBG-NOFA.revised-link.pdf) for the complete Notice of Funding Availability (NOFA), including program guidelines, application instructions, and evaluation criteria.

For questions, contact [email protected] (mailto:[email protected]) or (909) 501-0600.

Applying on behalf of:

TOWN OF YUCCA VALLEY
UEI: LACNR7KCW1B1
Address: 57090 TWENTYNINE PALMS HWY, YUCCA VALLEY, CA 92284, USA Learn how to manage organization details (https://submittable.help/en/articles/8417693- organization-search)
Powered by SAM.gov © 2026 SAM.gov (https://sam.gov/content/home)  Jordan Gumbish 
Follow
Change organization

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36 / 300 characters
Section 1: Organization Information
What is the name of your proposed project or activity? (required) Brehm II Turf and Irrigation Project
Applying Organization Name: (required)
Town of Yucca Valley
Enter your organization's full legal name.

Type of Organization (required)
Town of Yucca Valley
Select your organization type.

Organization's Mailing Address: (required)
Country (required)
United States
Address (required)
57090 29 Palms Highway
Address Line 2 (optional)
City (required)
Yucca Valley
State, Province, or Region (required)
CA
Zip or Postal Code (required)
92284
Authorized Official's Name (required)
First Name (required)
Curtis
Last Name (required)
Yakimow
List the person authorized to discuss this application.

Authorized Offical's Title (required)
No options

Page 460 of 577 ends

12 / 20 characters
Town Manager
Authorized Official's Phone Number (required)
(760) 369-7207
Authorized Official's Email Address (required)
[email protected]
Organization's Website
https://www.yucca-valley.org/
Program Manager's Name
First Name
Jordan
Last Name
Gumbish
Program Manager's Title
Finance Manager
Program Manager's Phone Number
(760) 369-7207
Program Manager's Email
[email protected]
Does your organization expend $1,000,000 or more a year in federal funds? (required) Yes
No
Federal Tax ID Number: (required)
330490145

Page 461 of 577 ends

All applicants must provide a valid Unique Entity Identifier (UEI).

Registration with the federal System for Award Management (SAM.gov (http://SAM.gov)) is required prior to receiving CDBG funding.

Please ensure your organization is active and in good standing in SAM.gov (http://SAM.gov). If your organization is not currently registered, visit www.sam.gov (https://www.sam.gov/) to register as soon as possible. Failure to maintain an active SAM registration may result in delays or denial of funding.

Section 2: Project Information
36 / 50 characters
Unique Entity Identifier (UEI) Number (required)
LACNR7KCW1B1
Project Title (required)
Brehm II Turf and Irrigation Project
Provide a concise name for your project.

Project Location (required)
Country (required)
Select...

Address (required)
56620 Little League Drive
Address Line 2 (optional)
City (required)
Yucca Valley
State, Province, or Region (required)
CA
Zip or Postal Code (required)
92284
Enter the physical address or Assessor’s Parcel Number.

Project Type (required)
Construction
Select the type of project for which you are requesting funds.

Select Construction Type (required)
Public Facilities
Infrastructure (i.e. Streets, Sewer, Sidewalk, etc.)

Page 462 of 577 ends

County Supervisorial District where project will be located: (required) 3rd District
Total Amount of CDBG Funds Requested (required)
$ 600,000 USD
City Funding (required)
Yucca Valley
Select the City from which funding is being requested.

Is this a new construction project or a request for additional funding to an existing CDBG project? (required) New
Request for additional funing
Provide prior CDBG project number
Legal property owner of facility: (required)
Town of Yucca Valley
Age of structure (required)
0 Is the structure registered as a historic landmark under state, federal, or local law? (required) Yes
No
Detailed Project Description: (required)
 


The Brehm II park facility is a central location for Town residents with field usage for youth sports, recreation activities, and more.

The current fields require removal and replacement with the current scope to include the removal of 18" of topsoil, replacement of the current irrigation system with an improved water efficient system, and instalation of new topsoil and grass. The improvements to these fields wil ensure long-term safe and efficient fields to provide for the health and social service needs of the local residents.

Page 463 of 577 ends

Section 3: Project Benefit
Provide a detailed project description. The description should only address or discuss the specific activities, services, or project that is to be assisted with CDBG funds. If CDBG funds will assist the entire program or activity, then provide a description of the entire program or activity.

Proposed Use of CDBG Funds: (required)
 


The CDBG funds will be utilized for construction service costs for the removal, insta lation, and replacement of the turf fields.

Provide a detailed description of the proposed use of CDBG funds only (e.g., scholarships, rent, supplies, utilities, salaries, etc.):

Project Service Area and Beneficiary Location: (required)  


The primary users of this park facility are low-income families and residents seeking to utilize the fields for free to low-cost health activities, along with many local non-profit youth leagues that utilize the fields for recreational and competitive sports programming and training. This project wi l ensure public access for sports and outdoor programming for al socioeconomic user groups of the Yucca Valey and surrounding areas to encourage a health and active lifestyle.

Describe the neighborhood, city, or specific geographic area where the beneficiaries of your proposed project or program reside.

Target Population (required)
Low- and moderate-income persons
Low- and moderate-income households
Homeless persons
Children ages 0-12
Youth ages 13-19
Elderly persons
Battered spouses
Abused children
Illiterate adults
Persons with disabilities
Persons living with AIDS
Migrant farm workers

Page 464 of 577 ends

NATIONAL OBJECTIVE
HUD requires all CDBG projects to meet at least one of the following National Objectives:

Benefit to low- and moderate-income persons: Your project must primarily benefit persons whose household income is at or below 80% of the area median income. (must be documented) Area Benefit: The project or facility serves a defined geographic area where at least 51% of residents are low- or moderate-income.

Please upload census data or maps demonstrating this.

Job creation or retention: At least 51% of jobs created or retained by the project will be available to or held by LMI persons.

Provide employment projections or commitments.

Section 4: Project Budget & Sources
Provide the estimated project costs
If the project will be completed in phases, each phase should be operationally independent and include a separate cost estimate and priority level. Construction activities with total costs over $2,000 must comply with Federal prevailing wage requirements under the Davis-Bacon Act.

Select the HUD National Objective your project will meet: (required) Benefit to low-moderate income persons
Area benefit (project serves an area where at least 51% of residents are low-moderate income) Job creation or retention benefiting low-moderate income persons Identify the procedure you currently have in place to document that at least 51% of the clientele you serve are low-moderate income persons. (required)
Census tracts
Proposed Budget (required)
CDBG Share ($): Other Source ($):

Architecural/Engineering Services
Acquistion of Real Property
Construction
Other:

Total 250000 400000
Total Project Cost 650000
250000 400000
1 2
3 4
5 6
7 8
A B C

Page 465 of 577 ends

List other funding sources and amounts (commitments or applications) which will assist in the implementation of this activity.

Section 5: Performance & Outcomes
Leveraging Funds (required)
Source of Funds Type of Funding Amount Date Available
Federal Funding
State Funding
County Funding
Private Funding
Fees
Donations
Other
Total Leveraging Funds
CDBG 600000 7/1/2026
600000
How will your organization ensure that project costs remain on budget? Describe your cost monitoring practices and any contingency plans if bids exceed estimates.

The Town of Yucca Valey implements best practices and internal controls at al levels of responsibility within the organization, including but not limited to a California Code compliant purchasing policy, weekly budget reviews, cost monitoring before the approval of construction progress bi ling and multi-step approvals for change orders and budget appropriations.

What is the current status of the project in terms of planning, design, permits, and procurement? Provide a timeline outlining key milestones such as design completion, environmental review, bid solicitation, contract award, construction start, and project completion. (required) Planning and project schedule wil be approved in December 2026, estimated procurement completed in the Fall 2027 and construction beginning in March 2028 with an estimated completion dated by June 2028.

How will your organization track progress against construction benchmarks to ensure timely completion within the required 18-month project period?” (required) 1 2
3 4
5 6
7 8
9 A B C D

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Section 6: Management Capacity
The Town's standard procedure is bi-weekly meetings of each construction project to align key benchmarks, communication with awarded contractors and identification of any potential delays
What specific outcomes will result from the completion of this capital improvement project? Please describe the physical improvements and the number or type of residents expected to benefit. (required) This project is located in a central recreation area of the Town where local youth sports programming regularly takes place. The specific outcome wil be the completion of rehabilitated turf fields with insta led irrigation for use by 2,000-3,000 residents annualy, including several youth sports non-profit organizations throughout the year.

Examples:
“This sidewalk reconstruction project will improve safety and accessibility for approximately 2,000 residents.” “A community facility will be renovated to meet ADA standards, providing services to 1,200 low- and moderate-income seniors annually.”
“The installation of new storm drains will reduce flooding for 40 homes.” Describe how the completed improvement will serve the community over the long term. Who will be responsible for maintaining the facility or infrastructure? Will it remain publicly accessible to the intended beneficiaries? (required)
The upgraded soil, turf, and irrigation systems wi l ensure longevity of the fields for regular use and durability during the changing seasons in the Town's climate. The Town's public works department is responsible for maintenance and wil remain publicly accessible.

Describe your organization’s experience in managing and operating projects or activities funded by CDBG or other Federal grant programs. (required)
The Town has been a recipient of CDBG grant funds annually.

Does your organization have formally adopted written policies and procedures covering key management systems such as personnel, procurement, property management, recordkeeping, and financial oversight? (required)
Yes
No

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signed_Authorization-to-Submit-Application-Form_26.27.pdf No more files may be attached here.

Acceptable file types: .pdf
Describe the roles and qualifications of the key administrators, staff, and volunteers who will be responsible for implementing the proposed project. Include relevant experience, education, and professional licenses or certifications as applicable. (required) Key administrators are Town employees with decades of experience in managing grant funded construction projects.

Authorization to Submit Application
Complete, sign, and upload the Authorization-to-Submit-Application-Form.pdf (https://cdh.sbcounty.gov/wpcontent/uploads/sites/117/Authorization-to-Submit-Application-Form.pdf) Last Saved a few seconds ago
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Item: 19.

Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Alex Qishta, Public Works Director, Shane Stueckle, Deputy Town Manager Date: October 15, 2026
Meeting Date: October 20, 2026
Subject: Animal Shelter Fence Replacement Project
Recommendation:

That the Town Council Waives formal bidding procedures pursuant to Town purchasing policies and approves the informal bid specification for the Animal Shelter Fence Replacement Project.

Prior Review:

There has been no prior review of this matter.

Discussion:

The Animal Shelter has existing chain-link fencing that requires replacement and reconfiguration to improve the safety and security of the designated play area enclosures. Staff have prepared informal bid specifications to solicit competitive bids for the proposed improvements.

The proposed work generally includes the removal and replacement of existing chain-link and vinyl fencing with new 6-foot-high Priva-Max chain-link fencing and 36-inch-wide Priva-Max walk gates. The project also includes the installation of a 72-inch-wide chain-link swing gate to provide maintenance access to the large play area, as well as new 6-foot-by-6-foot chain-link safety enclosures within the smaller play areas.

The contractor will be required to coordinate all construction activities with Animal Shelter and Facilities Maintenance staff to ensure that secure animal enclosures and uninterrupted facility access are maintained throughout construction.

Upon Town Council authorization, staff will solicit informal bids from qualified contractors to complete the proposed improvements.

Alternatives
Staff recommend no alternative actions.

Fiscal Impact:

Future appropriations for the project will be determined at the time of award of construction

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bid. Preliminary estimates of the construction cost is estimated at approximately $42,000.

Attachments

1. Informal Bid Specifications - Annimal Shelter

2. Animal Shelter Demo and Site Plan

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INFORMAL BID SPECIFICATIONS
Yucca Valley Animal Shelter Fence Replacement Project
The Town of Yucca Valley is requesting informal bids from qualified contractors for the Yucca Valley Animal Shelter Chain-link Fence Replacement Project. The Contractor shall provide all labor, materials, equipment, supervision, transportation, tools, and incidentals necessary to complete the work described in these specifications.

Project Location and Existing Conditions
Work will be performed at the Town of Yucca Valley Animal Shelter. Contractor shall fieldverify fence lengths, locations, existing grades, gates, utility conflicts, access, and conditions prior to bidding. The quantities below are approximate and derived from the provided handwritten scope; the Town shall confirm final alignments and gate locations before construction.

Scope of Work
Bid Item 1: Remove Existing Vinyl Fencing and Posts and Install 6’ Tall Priva-Max Fencing
Remove and properly dispose of existing vinyl fence and posts. Existing post footings may be reused for the installation of new posts, provided they are in satisfactory condition and meet the structural requirements of the proposed improvements. The Contractor shall inspect and verify the suitability of existing footings prior to reuse. Any footings deemed unsuitable shall be removed and replaced as necessary, subject to Town approval. Furnish and install new 6-foot-high, 9-gauge Priva-Max fencing as shown on the conceptual plan.

Cost shall include posts, rails, fittings, latches, hardware, labor, tools, and equipment for doing all work specified for this bid item.

Bid Item 2: Remove Existing 4’ & 5’ Tall Chain Link Fence and Install 6’ Tall Chain Link Fence
Remove and properly dispose of existing chain link fence and posts. Existing post footings may be reused for the installation of new posts, provided they are in satisfactory condition and meet the structural requirements of the proposed improvements. The Contractor shall inspect and verify the suitability of existing footings prior to reuse. Any footings deemed unsuitable shall be removed and replaced as necessary, subject to Town approval. Furnish and install new 6-foot-high, 9-gauge chain link fencing.

Cost shall include posts, rails, fittings, latches, hardware, labor, tools, and equipment for doing all work specified for this bid item.

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Bid Item 3: Remove Existing Walk Gate and Install 36” wide Priva-Max Walk Gate Remove and properly dispose existing vinyl walk gates. Furnish and install 36” wide PivaMax walk gate, including gate frame, chain link fabric, hinges, latch assembly, posts, concrete footings, and all necessary hardware. Gates shall match the height and finish of the adjacent chain link fencing.

Bid Item 4: Install 36” wide Chain Link Walk Gate
Furnish and install 36” wide chain link walk gate, including gate frame, chain link fabric, hinges, latch assembly, posts, concrete footings, and all necessary hardware. Gates shall match the height and finish of the adjacent chain link fencing.

Cost shall include all labor, materials, equipment, and incidentals necessary to provide a complete, secure, and fully operational gate.

Bid Item 5: Install 72” wide Chain Link Swing Gate
Furnish and install a 72” wide double chain link swing gate, consisting of two (2) 36” wide swinging gate panels. Installation shall include gate frames, chain link fabric, hinges, latch assembly, drop rods, posts, concrete footings, and all necessary hardware. Gate shall match the height and finish of the adjacent chain link fencing. Work shall include all labor, materials, equipment, and incidentals necessary to provide a complete and fully operational double gate.

Bid Item 6: Install 6’x6’ Chain Link Enclosure Per Plans Furnish all labor, materials, equipment, and incidentals necessary to install a new 6’x6’ chain link enclosure, including posts, concrete footings, 6’ high chain link fabric, top rails, fittings, and all necessary hardware. Enclosure shall include a 36” wide chain link walk gate with hinges and latch. All work shall be completed in accordance with applicable industry standards and to the satisfaction of the Town.

General Requirements
• All work shall comply with applicable building and safety codes. • Contractor shall verify all field conditions prior to submitting a bid. • Contractor shall coordinate work to minimize disruption to Animal Shelter operations. • All debris generated from construction activities shall be removed and legally disposed of by the Contractor.
• Any damaged finishes or surfaces caused by construction activities shall be repaired to match existing conditions.
• Contractor shall obtain all necessary permits and inspections unless otherwise directed by the Town of Yucca Valley.

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Bid Submittal Requirements
Bid pricing shall include all labor, materials, equipment, overhead, permits, and incidentals necessary to complete the project as specified. This project is subject to prevailing wages in accordance with the California Labor Code and applicable Department of Industrial Relations requirements.

Sealed bids must be submitted to the Town Clerk’s office at 57090 29 Palms Highway no later than November 19, 2026 at 3:00 pm. Any bid received after the proposal due date and time will be deemed non-responsive and will not be considered.

The Town of Yucca Valley reserves the right to reject any or all bids and to waive any informalities or irregularities in the bid process.

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BIDDING FORM

YUCCA VALLEY ANIMAL SHELTER FENCE REPLACEMENT PROJECT
Name of Bidder ___________________________________________________ The undersigned, having examined the proposed Contracts and having visited the site and examined the conditions affecting the work, hereby and agrees to furnish all labor, materials, equipment, and appliances, and perform operations necessary to complete the work as required by said proposed Contract Documents, excluding work of alternates for. The bids will be awarded on Base Bid.

BID SCHEDULE

YUCCA VALLEY ANIMAL SHELTER FENCE REPLACEMENT
ITEM NO. DESCRIPTION UNIT ESTIMATED

QUANTITY AMOUNT SUBTOTAL
1 Remove Existing Vinyl Fencing and Posts
and Install 6’ Tall Priva-Max Fencing
LF 350
2 Remove Existing 4’ & 5’ Tall Chain Link
Fence and Install 6’ Tall Chain Link Fence
LF 300
3 Remove Existing Walk Gate and Install
36” wide Priva-Max Walk Gate
EA 6
4 Install 36” wide Chain Link Walk Gate EA 5
5 Install 72” wide Chain Link Swing Gate EA 1
6 Install 6’x6’ Chain Link Enclosure Per
Plans
LS 1
GRAND TOTAL BASE BID ITEMS (In Figures)
GRAND TOTAL BASE BID ITEMS (In Words)
SIGNATURE: ______________________________________
TITLE: ___________________________________________
PRINT NAME: ____________________________________

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BUSINESS ADDRESS
_____________________________________________
_____________________________________________
PHONE: ______________________________________
E-MAIL: _____________________________________
DIR NUMBER: ________________________________
DATED: ____________________________________
NOTE:

If bidder is a corporation, enter State of Incorporation in addition to Business Address; if a partnership or joint venture, provide full names of all partners or joint venturers.

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Item: 20.

Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Frank Luckino, Deputy Town Manager
Date: October 13, 2026
Meeting Date: October 20, 2026
Subject: Professional Services Agreement with JNS Next for Phase II Tourism Marketing Services Recommendation:

That the Town Council approve the Agreement for Services with JNS Next for Phase II tourism marketing services in an amount not to exceed $104,000, and authorize the Town Manager to execute the agreement and any related documents necessary to implement the agreement.

Prior Review:

None
Discussion:

The Town of Yucca Valley has been working with JNS Next to develop a comprehensive tourism and destination marketing strategy designed to strengthen Yucca Valley's identity, increase awareness of the community, and support the Town's tourism and economic development objectives.

During Phase I, JNS Next conducted research and strategic development intended to establish the foundation for the Town's tourism marketing efforts. Phase II transitions the project from brand and strategy development into implementation. JNS Next's proposed scope of work will focus on ongoing marketing strategy, media planning and placement, creative support, and destination storytelling intended to reach targeted audiences and encourage visitors to explore and experience Yucca Valley.

Phase II is intended to implement the strategic foundation established during Phase I and develop a coordinated marketing program for Yucca Valley. The proposed scope includes ongoing account management and project coordination, development of a comprehensive media strategy, paid-media implementation and optimization, and development of destinationfocused creative content. .

JNS Next will conduct a one-time strategic assessment of the Town's tourism marketing opportunities, including audience and persona development, market analysis, media-channel

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recommendations, media-budget guidance, messaging, and development of a phased media roadmap.

Following development of the media strategy, JNS Next will execute, monitor, optimize, and report on approved paid-media campaigns. The proposed scope identifies $50,000 for media investment, with media purchasing and management services billed at a 15 percent commission based on the total media investment.

The scope also anticipates additional destination content production, including creative direction, design, photography and/or videography. Specific production deliverables and associated costs will be developed following project discovery and presented to the Town for approval before proceeding. Phase II will allow the Town to move beyond development of the tourism brand and begin actively deploying the brand through targeted advertising, digital marketing, storytelling, and other visitor-facing communications.

Content creation and production are not included within the proposed JNS Next contract amount. Content creation will be provided through a separate third-party agreement. The Town currently anticipates utilizing Colorado Studios for this work. The estimated budget for this separate content-production effort is approximately $50,000 and will be brought forward separately for consideration and approval, as appropriate.

Alternatives
None
Fiscal Impact:

The Agreement establishes a total compensation amount not to exceed $104,000, including reimbursable expenses. Funding would be provided from the Town's General Fund, and is within the Economic Development Budget.

Attachments

1. JNS Next Contract

2. Proposal

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RIV #4846-1017-2118 v1 // 2021 (August 2023) REG-LIA-INS

AGREEMENT FOR SERVICES
By and Between

TOWN OF YUCCA VALLEY
and
JNS Next

PROJECT

TOURISM MARKETING PROJECT
TOWN PROJECT NO.: N/A

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RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e | 1

AGREEMENT FOR SERVICES

BETWEEN THE TOWN OF YUCCA VALLEY AND
JNS Next
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 8th day of January 2026, by and between the Town of Yucca Valley, a general law city (“Town”) and JNS Next (“Consultant”). Town and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

RECITALS
A. Town has sought, by direct negotiations, the performance of the services defined and described particularly in Article 1 of this Agreement.

C. Pursuant to the Town’s Municipal Code, Town has authority to enter into and execute this Agreement.

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

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RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e | 2

1.2 Consultant’s Proposal.

1.3 Compliance with Law.

1.4 Familiarity with Work.

1.5 Care of Work.

1.6 Further Responsibilities of Parties.

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RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e | 3

1.7 Additional Services.

Town shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra services, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the Town Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. Town may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.8 Special Requirements.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.0 Prevailing Wage.

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Yucca Valley City CouncilOctober 20, 2026

Yucca Valley City Council
October 20, 2026