On Call Traffic Engineering Services-Hwy 395 Lawson Corteztraffic.pdf

CITY OF ADELANTO

REQUEST FOR PROPOSALS

FOR

On-Call Traffic Engineering and Caltrans Coordination Services For

Highway 395 at Lawson Avenue and Cortez Avenue

Issued:

Monday, October 5, 2026

Proposals Due:

Monday, November 2, 2026, at 5 pm.

I. PURPOSE

The City of Adelanto (City) is seeking qualified professional firms (Consultants) to submit a proposal to provide as-needed, on-call Traffic Engineering and Caltrans Coordination Services for the Highway 395 intersections at Lawson and Cortez Avenues and the surrounding area. The selected Consultant will lead the traffic engineering work and Caltrans coordination needed to secure approval of the access points and traffic control improvements at these intersections, continuing work started under the City’s prior traffic engineering contract.

The work performed by the selected consultant will be provided on a task order basis.

Each task order will be pre-authorized by the City’s representative on an as-needed basis with a detailed task order scope and a specific task order budget and schedule for completion. Proposals shall conform to the provisions set forth herein. The objective is to enter an initial one (1)-year Contract which may be extended annually by the City at its discretion. Conversely, the City shall retain the right to terminate the Contract without cause during a budgetary Fiscal Year (July 1 – June 30).

The City contact (Contact) for this Request for Proposal (RFP) is the sole point of contact for this procurement. All communication shall be in writing and submitted to the Contact as designated below. Consultants are not permitted to communicate with other City staff or officials about this RFP, except during pre-proposal meetings and/or interviews, unless otherwise directed by the Contact. Direct written questions and/or correspondence related to this RFP to:

Brenda Lopez, City Clerk E-mail: blopez@adelantoca.gov

Consultants interested in participating in this RFP should immediately provide the Contact with a telephone number, fax number, and an e-mail address for dissemination of addenda and/or supplemental information, as applicable. Failure to provide said contact information may result in late notifications and/or incomplete proposals. (See Section V for proposal submittal address).

A. Deadline for Submitting Questions

Any questions regarding the RFP must be submitted to the Contact referenced above no later than October 19, 2026. Reference the RFP Title when making inquiries.

B. RFP Schedule

Request for Proposals Released…………….October 5, 2026 Deadline for Submitting Questions…………..October 19, 2026 Deadline for Submitting Proposals……….November 2, 2026

C. Minimum Qualifications and Experience

The City seeks a professional Consultant with demonstrated expertise in performing the services described herein. The successful Consultant shall have with proven experience in providing the subject professional services and shall, at minimum, have the following:

1) Possess ten (10) years of experience in traffic engineering, including projects on State highway facilities and for municipal clients;

2) Bachelor’s degree(s) in civil engineering or related field;

3) Possession of Professional Engineer’s (PE) license from the state of California and registration as a Civil Engineer;

4) Possession of Traffic Engineer’s (TE) license from the state of California;

5) Possession of Land Surveyor’s (LS) license from the state of California, or use of a licensed Land Surveyor (staff or sub-consultant), to prepare and sign the right-of-way maps, exhibits, and legal descriptions for the Caltrans right-of-way decertification;

6) Demonstrated experience processing projects through Caltrans District 8, including PA/ED, encroachment permits, intersection control evaluations, design exceptions, and right-of-way decertification;

The Consultant may propose utilizing one (1) or more staff members to meet the various licensing requirements listed above provided that the Principal Staff Person meets, at a minimum, the qualifications and experience 1-6 as stated above. The Principal Staff Person shall be identified in Tab 4 of the Technical Proposal.

II. BACKGROUND

The City of Adelanto (City), California, population 37,941 is located in the High Desert in the Victor Valley region of the Mojave Desert and is situated along the Highway 395 corridor, which was recently widened to help the with City’s expected growth over the next few years.

Adelanto is a Charter City, and operates as a Council-Manager form of government with a five (5) member City Council. The City has an appointed Planning Commission which has the authority to review and approve all non-legislative actions. The selected Consultant will be expected to attend Council and Commission meetings as directed by the City Manager.

The City is working to secure new access points and a traffic signal at Highway 395 and Lawson Avenue, and to evaluate intersection control at Highway 395 and Cortez Avenue.

The City has a dedicated planner assigned to this effort, which includes obtaining Caltrans approvals and processing a General Plan Amendment to the City’s Mobility Element.

There has been extensive communication between the City and transportation agencies, including Caltrans District 8 and the San Bernardino County Transportation Authority

(SBCTA).

The City’s current contract traffic engineer is retiring. The City therefore intends to solicit a qualified firm to provide on-call traffic engineering and Caltrans coordination services for this area and carry the project through the remaining Caltrans approvals. Prior work products will be made available to the selected Consultant.

III. SCOPE OF SERVICES

The selected Consultant will provide the following services for the Highway 395 intersections at Lawson and Cortez Avenues and the surrounding area. Services include, but are not limited to:

• Project Management and Meetings: Manage the project and attend meetings with City staff, Caltrans, SBCTA, and other agencies as requested.

• Caltrans Planning Coordination and Processing: Coordinate with Caltrans District 8 to obtain Project Approval and Environmental Document (PA/ED) approval through the Quality Management Assessment Process (QMAP). This approval is required before improvement plans can be submitted for a Caltrans Encroachment Permit.

• Preliminary Plans: Finalize preliminary plans for the Highway 395 and Lawson Avenue intersection, including the extension of Lawson Avenue to Jonathan Street, to support Caltrans District 8 Intergovernmental Review (IGR) approvals. Update and finalize preliminary plans for City improvements on Lawson Avenue (Highway 395 to Delicious Street) and Delicious Street (Air Expressway to Bartlett Street).

• Intersection Control Evaluation (ICE) and Traffic Operations Reports: Finalize the intersection control evaluation for Highway 395 at Lawson Avenue and Cortez Avenue, following Caltrans’ current Intersection Safety and Operational Assessment Process (ISOAP), which superseded ICE (TOPD 13-02). This includes:

• Traffic Forecasting Methodology Memorandum and Traffic Volumes Report for Caltrans review and approval.

• Initial screening of roundabout, all-way stop, and traffic signal control, based on traffic volumes, operations, footprint and right-of-way impacts, and a three-year collision history.

• Engineering analysis of the viable strategies: signal warrant analysis and collision diagrams; capacity and queuing analysis for existing, background plus project, and future plus project conditions; conceptual geometric plans (about 20–30% design) with pedestrian, bicycle, and STAA truck checks; and cost estimates.

• Interim, draft, and final reports with a recommended control strategy, to obtain Caltrans approval of the intersection control type.

• Traffic Operations Report for the proposed traffic signal.

• Drainage Study: Finalize a drainage study to Caltrans requirements that identifies needed drainage improvements, including modifications to existing drainage facilities at the intersection.

• Caltrans Design Documents: Finalize a Design Standards Memorandum under the Caltrans Highway Design Manual and a Design Standard Decision Document (DSDD) for the minimum clear recovery zone for the traffic signal poles, and update the DEER as requested.

• Caltrans Right-of-Way Decertification: Process the decertification of the existing Caltrans access control within the Highway 395 right-of-way. This includes right-of-way exhibits, maps and legal documents; Caltrans review and recordation; the Right-of-Way Certification Memorandum; responses to Caltrans comments; and related meetings.

Related traffic engineering services in this area, including support for the City’s Mobility Element amendment, may also be assigned. All work will be performed on a task order basis, as described in Section I.

IV. PROPOSAL FORMAT

The proposal shall consist of two parts; a Technical Proposal and a Fee Proposal.

Proposals must be typed or printed legibly in ink. Mistakes may be crossed out with corrections typed or written adjacent thereto and initialed in ink by the individual(s) signing the proposal.

Proposals are to be prepared in such a way as to provide a straightforward, concise description of capabilities to satisfy the requirements of this RFP. Emphasis should be concentrated on conformance to the RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content.

Each section of the Technical Proposal shall be tabbed by the numbering system shown below.

A. Technical Proposal

Table of Contents Clearly identify all material contained in the Technical Proposal by tabbed section, sub-section, and page number. All pages of the Technical Proposal, including enclosures, attachments, exhibits, or any other supplemental information must be clearly and consecutively numbered and tabbed accordingly.

Tab 1 - Cover Letter The Cover Letter shall be on company letterhead, signed by a duly authorized officer, employee, or agent of the Consultant. The Cover Letter shall include the following information:

a. A statement that the Proposal is submitted as a response to this RFP.

b. An introduction of the Consultant including: legal name; address and telephone number of office headquarters, along with the local office; type of business entity

[sole proprietor, partnership, or corporation (including state of incorporation)];

and date founded.

c. A brief discussion of general background and qualifications and a description of any special knowledge or capabilities material to the services requested in the RFP. Be sure to include whether the Consultant has done work for the public sector in the last five (5) years.

d. A statement addressing any proprietary information that might be contained in the Proposal, in accordance with Section VII, Paragraph 10.

e. Indicate which individual(s) by name, title, address, and telephone number are authorized to negotiate and execute an Agreement with the City on behalf of the Consultant.

f. A statement that Consultant has read and understands the RFP in its entirety, including, without limitation, the scope and nature of the work, all appendices, attachments, exhibits, schedules, and addendum, as applicable. Should the Consultant have any objections to the RFP, they must be clearly stated in the Cover Letter, specifically referencing the section number, paragraph, and page number of the objection. However, making an objection does not relieve the Consultant from complying with the requirements of the RFP.

Tab 2 - Executive Summary Provide an executive summary, which gives in brief, and concise terms, a summary of the Proposal.

Tab 3 - Approach to the Scope of Work Provide a compendium of the issues from the Consultant's perspective. Describe the proposed approach and methodology to performing the work. Information should demonstrate the Consultant's:

a. Knowledge of the subject area;

b. Knowledge of the technical and functional needs;

c. Proposed strategy to accomplish the work; and

d. Issues pertinent to this RFP that are not addressed in Section III, Scope of Services; and

Tab 4 - Consultant Team Identify the principal staff and support staff who will be performing the work required, and who will be available to meet with City staff and Caltrans as needed. Include an organizational chart if necessary. Provide a work history resume for each of the staff, including applicable training, licensing, and/or certifications, descriptions of projects worked upon, dates, project costs, and duties performed by the individual on the projects.

Tab 5a - Sub-Consultants If sub-consultant(s) are proposed, provide the name, address and telephone number of the sub-consultant, the type of work to be performed, and the percentage of the total work of the proposal. Submit the name(s) of specific staff to be assigned to this project. Provide a work history resume for each of the key personnel, including applicable training, licensing, and/or certifications, descriptions of similar work, dates, and duties performed by the individual on the projects.

Tab 5 - Consultant References Provide a minimum of two (2) references of recent demonstrated experience in providing consulting services similar in nature and size to the Scope of Work, and include any government references. Provide a short description of the work performed, dates of service, names, addresses, telephone numbers, fax numbers, locations, remedies, and contract amount.

Tab 6a - Sub-Consultant References If sub-consultant(s) are proposed, provide references of recent demonstrated experience in providing consulting services similar in nature and size to the Scope of Work, and include any recent government references. Provide a short description of the work performed, dates of service, names, addresses, telephone numbers, fax numbers, locations, remedies, and contract amount.

Tab 6 - Addenda Include signed addenda in chronological order, as applicable.

B. Fee Proposal The Fee Proposal shall be emailed to

Blopez@adelantoca.gov

The elements of the Fee Proposal shall include, but not be limited to the following:

An hourly rate and reimbursement schedule, valid for the entire contract period, for each classification of firm personnel assigned and for each classification of anticipated reimbursements, as follows:

1. Company Title

2. Staff Person Name

3. Professional Certifications (if any)

4. Standard Hourly Billing Rate*

*Standard Hourly Billing Rates shall be based upon a 7:00AM - 6:00PM work schedule typical to a 4/40 work week.

V. PROPOSAL SUBMISSION

The deadline for submitting a proposal electronically is 5:00 pm on November 2, 2026.

Any proposals received after this time will not be accepted.

The Technical Proposal should be signed. Technical and fee proposals should be submitted electronically via email at

Blopez@adelantoca.gov

Faxed proposals will not be accepted.

VI. SELECTION PROCESS

A. Evaluation Fee Proposals will remain sealed and held until all responsive Technical Proposals are evaluated and ranked. The evaluation process will be as follows:

1. A panel designated by the City will perform an evaluation and assign a score to each responsive Technical Proposal.

2. Interviews may be conducted by a panel designated by the City at its discretion with the three top ranked consultants. Upon the conclusion of the interviews, the panel will evaluate the participating Consultants and assign an interview score to each.

3. Once the ranking of the Consultants has been determined, the Fee

Proposals of the top three ranked firms will be opened by the Contact or his/her designee. Thereafter, the City may begin negotiations (if required) with the Consultant obtaining the highest combined score. Should negotiations with the highest ranked Consultant fail, the City will cease further efforts in reaching an Agreement and commence negotiations with the Consultant who received the next highest score. The City will continue negotiations with Consultants in order of the next highest ranking until negotiations are successful.

4. Upon selection of the successful Consultant, City staff will make recommendations for award to the City Manager and City Council. Award of this service is subject to City Council approval.

The selection process will conclude upon execution of a Professional Services Agreement ("PSA"). The selected Consultant will be required to execute a PSA in the form as prescribed by the City, and to comply with all terms and conditions contained therein.

B. Selection Criteria

Proposals will be evaluated against the criteria listed below:

1. Understanding (30%): Understanding of the Scope of Work; demonstrated knowledge of the work; identification and knowledge of Federal, State, County, City, and other agency requirements, as applicable to the requested services.

2. Approach (20%): The methodology and systems reflecting the ability to provide the requested services; thorough discussion of objectives; sensitive approach to public and regulatory concerns; management, coordination of services and quality controls; attention to detail and creativity.

3. Experience (35%): The technical expertise and professional competence in areas directly related to this RFP; for each proposed candidate required number of years of experience in performing similar work; demonstrated ability to manage and coordinate the services, deliver quality products/services, be a reliable service provider, stay within budget, and meet deadlines; level of experience and training of key personnel assigned, including sub-consultants, if applicable; strength and stability of the firm; breadth and depth of resources.

4. References (15%): References will be verified and all responses considered.

VII. QUESTIONS

All questions regarding this RFP shall be submitted by email to: Brenda Lopez, via email at: blopez@adelantoca.gov. The date and time when questions must be submitted by are shown in “Section V – Selection Process” of this RFP.

VIII. SUBMITTAL PROCEDURES

Submittals shall comply with all conditions, requirements and specifications contained herein, with any departure constituting sufficient cause for rejection of the proposal at CITY’s sole discretion. Any and all costs incurred in the preparation and presentation of this submittal shall be borne solely by the respondent. All submittals received shall become the property of CITY and will not be returned.

Proposals must be submitted electronically to blopez@adelantoca.gov; files larger than 15MB may not be delivered.

IX. REVIEW OF AGREEMENT FOR PROFESSIONAL SERVICES

The CITY Agreement for Professional Services is attached for review and comments.

Please indicate if the proposed agreement is acceptable to your firm and, if not, what specifically is not acceptable with your firm's proposed changes.

X. GENERAL ADMINISTRATIVE INFORMATION

1. Each respondent understands and agrees that CITY, its departments, their officers, employees or agents shall not be liable for:

a) Any costs incurred by a respondent in the preparation, delivery or presentation of a proposal.

b) Any costs incurred by a respondent in meeting the criteria as a result of making or submitting a proposal or subsequently in entering into a formal agreement with CITY; and

c) Any errors, inaccuracies or misstatements related to the information or data supplied to any consultant by CITY. The use of such information or data provided by CITY, its officers, employees or agents is intended to be used at the sole discretion and risk of the firm in the preparation of a proposal pursuant to this RFP only.

2. The selected firm shall comply with any and all applicable Federal and State laws pertaining to employment.

3. CITY reserves the right to accept, reject, modify or cancel in whole or in part, this RFP.

4. CITY reserves the right to accept or reject any or all proposals, negotiate modifications to proposals that it deems acceptable, to request and consider additional information from any proposer, and to waive minor irregularities and technical defects in this proposal process. CITY reserves the right to seek new proposals when it determines that it is in the best interest to do so.

XI. AUTHORITY TO WITHDRAW

CITY reserves the right to withdraw this RFP without prior notice. CITY makes no representation that any agreement will be awarded to any firm as a result of having responded to this request. CITY expressly reserves the right to reject any and all proposals in response to this RFP without indicating a reason for such rejection. All costs incurred in the preparation of the proposal, submission of information and/or selection of a proposal prior to the award and/or execution of a signed contract shall be borne by respondent. All proposals submitted to CITY in response to this RFP shall become the property of CITY, shall be considered public information, and will not be returned.

XII. AWARD CONTRACT

It is the intent of CITY to award a contract to only one firm, but may choose to award to more than one firm. The contract will be based upon the negotiated specific rates of compensation.

ATTACHMENT:

A. Professional Services Agreement

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ATTACHMENT A

PROFESSIONAL SERVICES AGREEMENT

«Contract_Title»

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, «Year» (“Effective Date”) by and between the CITY OF ADELANTO, a California municipal corporation, (“City”) and «Consultant», a «Entity_Type» (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”

SERVICES.

Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

Term of Services. The term of this Agreement shall begin on «Term_of_Contract_Beginning» and shall end on «Term_of_Contract_Ending» unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.

Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shal l, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.

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Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Warranty. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services.

COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed «CONTRACT_AMOUNT_SPELLED_OUT» («Contract_Amount») notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement.

Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:

Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;

The beginning and ending dates of the billing period;

A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;

At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;

The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A;

Receipts for expenses to be reimbursed;

The Consultant Representative’s signature.

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Invoices shall be submitted to:

City of Adelanto Attn: Accounts Payable 11600 Air Expressway Adelanto, CA 92301

Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

Retention of Funds, Final Payment. Consultant hereby authorizes City to retain and deduct from any amount payable to Consultant not exceeding five percent (5%) of the total compensation.

The retained funds shall be paid to Consultant within sixty (60) days after final acceptance of the Services by the City and after Consultant has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Consultant from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as provided in this Agreement. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.

Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in wr iting prior to the submission of such an invoice.

Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.

Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.

Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.

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FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

INSURANCE REQUIREMENTS.

Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certificates of insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement.

The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other insureds. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.

Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self -insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.

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Commercial General and Automobile Liability Insurance.

General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.

Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.

Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.

Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:

The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.

Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

Professional Liability Insurance.

General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City.

Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:

The retroactive date of the policy must be shown and must be no later than the commencement of the Services.

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Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.

If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. 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 Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.

A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

All Policies Requirements.

Acceptability of Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California.

Verification of Coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: «Contract_Title».

The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Adelanto, 11600 Air Expressway, Adelanto, CA 92301. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.

Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.

Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its document property name.

officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.

Deductibles and Self-Insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.

During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self -insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self -insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor.

All coverages for subcontractors shall be subject to all of the requirements stated herein.

Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:

Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement;

Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or

Terminate this Agreement.

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INDEMNIFICATION.

Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

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 (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, 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 subcontractors of Consultant.

Limitation of Indemnification for Design Professionals. Notwithstanding any provision of this Section 5 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. This Subsection 5.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.

Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.

INDEPENDENT CONTRACTOR.

At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement.

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The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

LEGAL REQUIREMENTS.

Governing Law. The laws of the State of California shall govern this Agreement.

Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

Prevailing Wages. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code.

It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages.

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Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.

In accordance with Sections 1773 and

1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html.

Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request.

Consultant shall post a copy of the prevailing rate of per diem wages at each job site.

Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of…