Item 08 - Award of Contracts - On-Call Professional Electrical Engineering Design Services

Agenda Item
FROM: Fermin Preciado, Director of Development ervices/City Engineer 'p Landon Kern, Assistant City Engineee
Todd Gutjahr, Public Works Analys
FOR: City Council Meeting of February 13, 2023
SUBJECT: Award of Contracts — On -Call Professional Electrical Engineering Design Services That City Council

1. Award and authorize the Mayor to execute a contract, and the City Manager or his designee to administer the terms of the contract with JCA Engineering of Yucaipa, California in the not -to -exceed amount of $120,000 for providing On -Call Professional Electrical Engineering Design Services for FY2022/2023 and FY2023/2024; and

2. Award and authorize the Mayor to execute a contract, and the City Manager or his designee to administer the terms of the contract with Design West Engineering of San Bernardino, California in the not -to -exceed amount of $60,000 for providing On -Call Professional Electrical Engineering Design Services for FY2022/2023 and FY2023/2024.

The City's Capital Improvement Program (CIP) includes multiple construction projects and programs. Several of these projects require professional electrical engineering design services prior to implementation and/or construction and are an essential resource for staff to evaluate design options/alternatives and to ensure eligibility for State/Federal grant funding. Electrical engineering design services are also required for the maintenance, upgrades, and expansion of electrical service systems in existing public buildings and facilities. The selected consultants will assist staff in preparing and completing these required electrical engineering design services. These professional services include but are not limited to: facility electrical design; electrical system upgrades/expansion; lightning design for streetscapes, sports facilities, median improvements, and parks; electronic communication design; fire/intrusion alarm system design; traffic component design services; and electrical system plan check services.
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City Council Meeting of February 13, 2023
Award of Contracts — On -Call Professional Electrical Engineering Design Services

Page 2 of 2 ends

On January 10, 2023, the City accepted proposals after publicly advertising the request for On - Call Professional Electrical Engineering Design Services for FY2022/2023 and FY2023/2024.

The following five (5) firms submitted their qualifications and proposals for these services:

M
-Office Location
Design West Engineering
San Bernardino, CA
Borrelli & Associates, Inc.

JCA Engineering, Inc.

Yucaipa, CA
Mm-
M
Los Angeles, CA
wlurli�
1 Ontario, CA
Taking into consideration the firms' qualifications, previous experience, and scope of work, three (3) staff members rated the submittals based on the City's administrative qualifications -based selection process. Two firms were deemed the most qualified to provide the services being requested. Staff is recommending the award of two-year contracts (with the right to extend the Contracts for one additional two-year period, under the same terms and conditions as the original Contract) for On -Call Professional Electrical Engineering Design Services to JCA Engineering, Inc. in the amount of $120,000 and Design West Engineering, Inc. in the amount of $60,000.

It is important to note that JCA Engineering, Inc. and Design West Engineering have previously provided Professional Electrical Engineering Design Services to the City and their work has been deemed satisfactory.

FISCAL IMPACT:

The funding for these services is included in the approved project budgets listed in the proposed FY2022/2023 Budget and CIP for the projects identified in the attachment to this agenda report.

Attachments: List of Projects Requiring Electrical Engineering Services in Fiscal Years 2022/2023-2023/2024
Agreements for Professional Electrical Engineering Design Services Approved by:
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Project Description
Electrical Design Service
Costs
Estimated Construction
Cost
County Line Road Corridor Improvements (Bryant Street to 1-10 Freeway) $
10,000
$
8,001,000.

Intersections Along Avenue E, B!yant Street to 5th Street Ili $
20,000
$
8,421,000
Yucaipa Blvd and Bryant Street Roundabout
$
15,000
$
753,000
13th Street Sports Complex (Multiple Phases)
$
15,000
$
3,015,000
El Dorado Park/Five Winds Ranch Facility Improvements(Multiple Phases) $
50,000
$
2,182,000
City Yard Relocation (1)
$
11,000
$
1,888,000
Flag Hill Park Veterans Memorial Upgrade
$
9,000
$
100,000
7th Street Park Rehabilitation and Pickleball Facility Development $
10,000
$
500,000
City Wide General Electrical
$
40,000
TI) Project being completed in phases
(2) Annual Project/Program
includes consultant and staff -time costs.

Total
$
180�0�00$
24,860,000
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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is dated February 13, 2023, ("Effective Date") and is between the City of Yucaipa, a California municipal corporation ("City") and JCA Engineerig, Inc., a California Corporation ("Consultant"). City and Consultant are sometimes referred to herein as the "Parties" and individually as a "Party." A. City -• a Request for Qualifications/Proposals on December 15, 2022, titled "Request For Proposals/Qualifications To Provide On -Call Professional Electrical Engineering Design Services." The Consultant submitted a proposal dated January 10, 2023, in response to the RFP.

B . Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education, and expertise of its principals and employees.

C. City desires to retain Consultant as an independent contractor, and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.

The Parties, therefore, agree as follows:

1. Consultant's Services.

A. Scope of Services. Consultant shall perform the services described in the Scope of Services (the "Services") to provide on -call electrical engineering design and plan preparation services and construction support services (including on -site visits, review of material submittals, shop drawings, test results, and response to RFIs). The services shall include consultation regarding electrical design, as attached as Exhibit A. City may request, in writing, changes in the Scope of Services to be performed. Any changes mutually agreed upon by the Parties and any increase or decrease in compensation shall be incorporated by written amendments to this Agreement.

B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager or such other person designated in writing by the City Manager (the "City Representative"). For the purposes of this Agreement, the Consultant Representative shall be James Corns, President/Principal (the "Consultant Representative"). The Consultant Representative shall directly manage Consultant's Services under this Agreement. Consultant shall not change the Consultant Representative without City's prior written consent.

C. Time for Performance. Consultant shall commence the Services on the Effective Date and shall perform all Services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
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D. Standard of Performance. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

F. Compliance with Laws. Consultant shall comply with all applicable federal, state, and local laws, ordinances, codes, regulations, and requirements.

G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits, and certificates required by law for the provision of Services under this Agreement, including a business license.

2. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2024, unless sooner terminated as provided in Section 12 of this Agreement or extended.

3. Compensation.

A. Compensation. As full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the Approved Fee Schedule attached hereto as Exhibit B. In no event shall Consultant be paid more than $120,000.00 (the "Maximum Compensation") for such Services.

B. Expenses. City shall only reimburse Consultant for those actual and necessary expenses expressly set forth in Exhibit B. In no event shall reimbursable expenses collectively exceed the total sum of $0.00.

C. Unauthorized Services and Expenses. City will not pay for any services not specified in the Scope of Services or reimburse for any expenses not set forth in Exhibit B, unless the City Council or City Representative, if applicable, and the Consultant Representative authorize such services or expenses in writing prior to Consultant's performance of those services or incurrence of additional expenses. Any additional services authorized by the City Council, or (where authorized) the City Manager shall be compensated at the rates set forth in Exhibit B, or, if not specified, at a rate mutually agreed to by the Parties. Any additional expense authorized by the City Council or (where authorized) the City Manager shall be reimbursed in the amounts authorized by the City Council or City Manager. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.

4. Method of Payment.

A. Invoices. Consultant shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Invoices must be submitted to Todd Gutjahr, City of Yucaipa, 34272 Yucaipa Blvd. Yucaipa, CA 92399. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City -2-
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shall review each invoice and notify Consultant in writing within ten Business days of receipt of any disputed invoice amounts.

B. Payment. City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement. City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions from payments made to Consultant. Notwithstanding the preceding sentence, if Consultant is a nonresident of California, City will withhold the amount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.

C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement available during Consultant's regular working hours to City for review and audit by City.

5. Independent Contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City.

6. Information and Documents.

A. Consultant covenants that all data, reports, documents, discussion, or other information (collectively "Data") developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary," provided Consultant gives City notice of such court order or subpoena.

B. Consultant shall promptly notify City 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 thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. -3-
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C. All Data required to be furnished to City in connection with this Agreement shall become City's property, and City may use all or any portion of the Data submitted by Consultant as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City's sole property and may be used, reused or otherwise disposed of by City without Consultant's permission. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.

D. Consultant's covenants under this Section shall survive the expiration or termination of this Agreement.

7. Conflicts of Interest. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant's Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar Services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative's prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.

A. Indemnities.

I ) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the Agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with -4-
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such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' compensation laws.

City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2). 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the Agreement of the Parties.

B. Workers' compensation Acts not Limiting. Consultant's indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

D. Survival of Terms. Consultant's indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.

9. Insurance.

A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
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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.

B . 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.

C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming City and its elected and appointed officials, officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.

D. Primary and Non -Contributing. For any claims related to this Contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 0104 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. -6-
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E. Consultant's 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. Deductibles and 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. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement.

The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days' prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Consultant shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

H. Cily Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant's expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.

I. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City's Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City's approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City's Risk Manager. Consultant shall provide proof to City's Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.

J. Indermifty Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as fall performance of Consultant's duty to indemnify City under Section 8 of this Agreement. -7-
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K. Broader Coverage/Higher Limits. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

L. Subcontractor Insurance Requirements. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors.

M. 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.

10. Mutual Cooperation.

A. Cilys Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement.

B. Consultant's Cooperation. In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

11. Records and Inspections. Consultant shall maintain complete and accurate records with respect to time, costs, expenses, receipts, correspondence, and other such information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to City, its designees and representatives at reasonable times, and shall allow City to examine and audit the books and records, to make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three years after receipt of final payment.

12. Termination of Agreement.

A. Right to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least five calendar days before the termination is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least 60 calendar days before the termination is to be effective.

B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City's termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services required by -8-
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this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation.

13. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City's sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor orr materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant's reasonable control and not due to any act by Consultant.

A. Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default.

B. In addition to the right to terminate pursuant to Section 12, if the City Manager determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, City shall serve the Consultant with written notice of the default. Consultant shall have ten calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

15. Notices. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during Consultant's and City's regular business hours, or (c) three Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set forth below:

City of Yucaipa
Attn: Development Services
349-72 Yucaipa Boulevard
Yucaipa, California 92399
JCA Engineering, Inc.

Attn: James Corns
8048 Palm Avenue
Highland, CA 92346

16. Non -Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law. -9-
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Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

17. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent. City's consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section, "assignment" and "delegation" means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

18. No Third Party Beneficiaries Intended. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

19. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.

20. Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.

21. Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant.

In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.
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22. Non -Appropriation of Funds. Payments to be made to Consultant by City for services performed within the current fiscal Year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's services beyond the current fiscal Year, this Agreement shall cover payment for Consultant's services only to the conclusion of the last fiscal Year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal Year.

23. Exhibits. Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any • exists • arises between a provision • this Agreement and a provision of any exhibit, •... between a provision of this Agreement and provision of Consultant's proposal, the provisions • this Agreement shall control.

24. Entire Agreement and Modification of Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the Agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by both Parties.

25. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.

26. Word Usage. Unless the context clearly requires otherwise, (a) the words "shall," "will" and "agrees" are mandatory and "may" is permissive; (b) "or" is not exclusive; and (c) "includes" or "including" are not limiting.

27. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

28. Business Days. "Business days" means days Yucaipa City Hall is open for business.

29. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether Contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Yucaipa.

30. Attorneys' Fees. In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in Contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all _11-
289

attorneys' fees, experts' fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.

31. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.

32. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument.

33. Corporate Authority. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement. -12-
290

The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.

City:

City of Yucaipa,
a California municipal corporation
LI-N
LO
Name: Justin Beaver
Title: Mayor
Name: Kimberly J. Metzler
Title: City Clerk
By:

Name: Steven Graham
Title: City Attorney
Consultant:

JCA Engineering, Inc.
am
LIN
Name:

Title:

Name:

Title:
-13-
291

EXHIBIT A
a

Section A:

Firm Information
Section :

Project Team Organizational Chart
Section C:

Key Personnel
Section D
Firm's Resume
Section E
Client Reference
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7CA Engineering, Inc. — 8048 Palm
Ave — Highland, CA 92346 — Tel: (909) -0223
2 294

JCA Engineering Inc. is dedicated to provide efficiently innovative architectural lighting design services, and state-of-the-art electrical engineering. Projects successfully completed within the last year represent total construction values exceeding thirty million dollars. Those projects encompassed new and renovated educational facilities, efficient public works facilities, religious facilities, active and passive recreational sites, sports complexes, arenas and streetscapes for community revitalization.

The principals of this growing design firm offer more than 65 combined years of experience in electrical systems engineering.
e implement new technology to evaluate our design proposals using software such as AutoCAD 2020. Lighting design incorporates all required Title 24 energy codes and we are capable of providing all the required Title 24 forms to meet all state requirements.

ICA offers comprehensive experience in government, public works, federal, religious, business, institutional, private and educational facilities electrical system requirements and construction. In addition, ICA provides design expertise in fire alarm, electronic communications, intrusion alarm and video distribution systems.

ICA also has large amount of experience in lighting design and distribution for streetscapes, sports parks, median improvements, passive parks, tract housing entries and condominium site lighting.

The firm is a certified small business firm and has complete general liability, workman compensation, automotive and errors/omissions Insurance coverage.
'
Our goal is not limited to the design of the projects only, but includes the incorporation of value engineering and constructability review. Through the examination of specific design alternatives, we will identify the most cost-effective project alternative that meets design requirements and will provide for the greatest opportunity for expedited construction, which allows us to consistently deliver projects that use public resources in a very wise and responsible manner.

In conclusion _7C,4 Engineering Inca believes the most important reason for selecting our firm for the projects is the personalization and care our company will provide to the owner in order to design an efficient yet AM
attractive electrical engineering design.

JCA Engineering, Inc.. •- 8048 Palm Ave -- Highland, CA 92346 — Tel: (909) 864-0223 3 295

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JCA Engineering, Inc.. — 8048 Palm Aver Highland, CA 92346 — Tel: (909) 864-0223 297

The firm was originally founded as JCA Consulting in 1998 as a sole proprietorship. In 1999 JCA Consulting incorporated and changed the firm's name to ICA Engineering, Inc. Below is a short list of projects JCA Engineering, Inc. has designed.
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Emergency Generator.
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City of Chino
Carolyn Baltzer, Community Service Department
(909) 3 -3401
Projects: Rubin S. Ayala Park 64-acre Soccer Complex,
basketball, Villa Park handball renovation and Monte
Remodel/Splash Pad.
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City of La Puente
Bob Linsey, City Manager
fell'
90-620-210
Projects: La Puente Sports Park, La Puente Skate Park
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ICA Engineering, Inc. _ 8048 Palm Ave — Highland, CA 92346 — Tel: (909) 864-0223 8 300

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City of Rancho Cucamonga
Chris Gill!
Maintenance Supervisor
Public Works Service Department
City of Rancho Cucamonga
909-774-4119
Projects: Victoria Trail Lighting, Windrows Trail Lighting, Greenbelt VG6 Paseo Lighting, Greenbelt VG7 Paseo Lighting, Greenbelt VG17 Paseo Lighting, Greenbelt VG26 Paseo Lighting and Greenbelt VW21 Paseo Lighting
City of Moreno Valley
Michael L. Wolfe Assistant City Manager
5-413-3105
Projects: LaSalle Sports Park, Moreno Valley Soccer Field Lighting, Skate Park and Moreno Valley Amphitheater at Civic Park Projects: Hunt Park Renck Community Center and Gymnasium, Hunt Park Pool and Skate Park Renovation, Hunter Hobby Sports Park and Villegas Sports Park
JCA Engineering, Inc. — 8048 Palm Ave — Highland, CA 92346 — Tel: (909) 864-0223 9 ah;
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DATES SERVICES
PHONE

PROVIDED

AGENCY CONTACT NAME
NUMBER
(FROM/THROUGH)
MUSCO LIGHTING MR. MIKE HIGGINS
(714) 614-0863
2001-PRESENT
RIVERSIDE UNIFIED Mr. REGGIE ROYSTER
(951)-788-7496
2007-PRE SENT

SCHOOL DISTICT ASSISTANT DIRECTOR
ext 84009

BUILDING SERVICES
MR. SID OCHOA -
(951)788-7496

COMMUNICATIONS
ext 84065

SUPERVISOR
RIVERSIDE MR. ROBERT BEEBE
(951)-222-8813
2003--PRESENT

COMMUNITY COLLEGE DIRECTOR, FACILITIES,

MAINTENANCE &

OPERATIONS
LAKE ELSINORE MR. DAMES JUDZIEWICZ
(951) 253-7015
2016-PRESENT

UNIFIED SCHOOL DIRECTOR II, SCHOOL

DISTRICT OPERATIONS

FACILITIES &

OPERATIONS SUPPORT

SERVICES
MR. DENNIS ZIEGLER
(951) 253-7030

DIRECTOR,

MAINTENANCE &

OPERATIONS
MORENO VALLEY MR. RON KIRKPATRICK
(951) 571-6189
2005-PRESENT

COLLEGE DIRECTOR, FACILITIES

RHA LANDSCAPE MR, DOUG GROVE
(951) 781-1930
2004-PRESENT

ARCHITECTS PRESIDENT
ext121
DIVERSIFIED PACIFIC MR. NOLAN C. LEGGIO
(909) 37:3-2628
2017-PRESENT"

COMMUNITIES DIRECTOR OF FORWARD

PLANNING
JCA Engineering, Inc. — 8048 Palm Ave — Highland, A 92346 -- Tel: (909) 864-0223 �10
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EXAM is
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Q FF Engineering Inc.
cuy Electrical En(Vneet-ing cl.�! Consulting
8048 Palm Ave.

Highland, CA
92346
909.864.0223
Fax 909,864.0280
1ca.eng(q)jcaeng.com
For the purposes of hourly services and/or revisions for the basic services, the Consultant shall invoice the Client at the following rates:

Project Engineer/Manager $230,00
Designer $180.00
Drafting/CADD $165.00
Clerical/Delivery/Accounting $160.00
These hourly rates shall be adjusted annually based on increases in product cost, insurance rate increases, the cost of living and fuel prices.

Printing: Documents requiring blueprinting for construction shall be paid for by Consultant and Client shall reimburse. Mylar final prints shall be paid for by Consultant and Client shall reimburse.

Reimbursable invoice for blueprints shall include blueprint cost, plus 15% for any applicable governmental fees, outside vender reproduction cost, in house reproduction costs, mileage and delivery or messenger services incurred on client's behalf 304

EXHIBIT C
TERMS FOR -CJOAMUJAYY—K��— . i.,*,RJLAK

REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute "publicworks" as defined in Division 2, Part 7, Chapter I (commencing with Section 1720) of the California Labor Code ("Chapter 1 "). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter I and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be boundby all the terms, rules and regulations described in l(a) and I (b) as though set forth in fall herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section I above.

3. Consultant shall be registered with the Department of Industrial Relations inaccordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subcontractorceases to be registered with DIR at any time during the duration of the project, Consultantshall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subjectto compliance monitoring and enforcement by DIR. Consultant shall post job site notices,as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of perdiem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per them wages, and Consultant shall post such rates at each job site covered by this Agreement.

6. Consultant shall comply with and be bound by the provisions of Labor CodeSections 1774 and 1775 concerning the payment of prevailing rates of wages to workersand the penalties for failure to pay prevailing wages. The Consultant shall, as a penaltyto City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which theworker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.

C34

7. Consultant shall comply with and be bound by the provisions of Labor CodeSection 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. Pursuant to Labor Code Section 1771.4, Consultant and each subcontractor shall furnish such records to the Labor Commissioner, at least monthly, in the form specified by the LaborCommissioner.

8. Consultant shall comply with and be bound by the provisions of Labor CodeSections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. The Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Consultant and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal orstate law providing for the debarment of contractors from public works. If the Consultantor any subcontractor becomes debarred or suspended during the duration of the project,the Consultant shall immediately notify City.

10. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during whiclisuch worker is required or permitted to work more than eight hours in any one calendarday and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation forall hours worked in excess of eight hours per day at not less than one and one-half timesthe basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employerwill be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies asfollows:
&M.

12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter I and Labor CodeSections 1860 and 3700, and Consultant shall include in the written Contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions.

Consultant shall be requiredto take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review ofthe certified payroll records of the subcontractor and upon becoming aware of the failureof the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors servingin the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental toany acts or omissions listed above by any person or entity (including consultant, its subcontractors, and each of their officials, officers, employees and agents) in connectionwith any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.

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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is dated February 13, 2023, ("Effective Date") and is between the City of Yucaipa, a California municipal corporation ("City") and Design West Engineerig, a California Corporation ("Consultant"). City and Consultant are sometimes referred to herein as the "Parties" and individually as a "Party." A. City issued a Request for Qualifications/Proposals on December 15, 2022, titled "Request For Proposals/Qualifications To Provide On -Call Professional Electrical Engineering Design Services." The Consultant submitted a proposal dated January 10, 2023, in response to the Up.

B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education, and expertise of its principals and employees.

C. City desires to retain Consultant as an independent contractor, and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.

1. Consultant's Services.

B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager or such other person designated in writing by the City Manager (the "City Representative"). For the purposes of this Agreement, the Consultant Representative shall be Roy Morales, Electrical Department Head, Associate (the "Consultant Representative"). The Consultant Representative shall directly manage Consultant's Services under this Agreement.

Consultant shall not change the Consultant Representative without City's prior written consent.

E. Personnel. Consultant has or will secure all personnel required to perform the Services required under this Agreement at its own expense. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services, F. Compliance with Laws. Consultant shall comply with all applicable federal, state, and local laws, ordinances, codes, regulations, and requirements.

2. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2024, unless sooner terminated as provided in Section 12 of this Agreement or extended.

3. Compensation.

A. Compensation. As full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the Approved Fee Schedule attached hereto as Exhibit B. In no event shall Consultant be paid more than $60,000.00 (the "Maximum Compensation") for such Services.

4. Method of Payment.

shall review each invoice and notify Consultant in writing within ten Business days of receipt of any disputed invoice amounts.

B. Pqyment. City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement. City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions from payments made to Consultant. Notwithstanding the preceding sentence, if Consultant is a nonresident of California, City will withhold the amount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.

6. Information and Documents.

D. Consultant's covenants under this Section shall survive the expiration or termination of this Agreement.

A. Indemnities.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indenmitees as determined by court decision or by the Agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with -4-
311

such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incur -red by Indemnitees in connection therewith.
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' compensation laws.

City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2). 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Inderrinitees as determined by court decision or by the Agreement of the Parties.

D. Survival of Terms. Consultant's indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.

P-AMMORMT-MITTIM
A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
-5-
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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 I (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.

B. 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:Vll, unless otherwise acceptable to the Entity.

D. Primary and Non -Contributing. For any claims related to this Contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 0413 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. -6-
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G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement.

H. Ci1y Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant's expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.

1. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City's Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City's approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City's Risk Manager. Consultant shall provide proof to City's Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.

J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's duty to indemnify City under Section 8 of this Agreement. -7-
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M. 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.

10. Mutual Cooperation.

A. Cily's Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement.

B. Consultant's Cooperation, In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

12. Termination of Agreement.

B. Obligations Won Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City's termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the fall performance of the Services required by

this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation.

13. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City's sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant's reasonable control and not due to any act by Consultant.

City of Yucaipa
Attn- Development Services
34272 Yucaipa Boulevard
Yucaipa, California 92399
Design West Engineering
Attn: Roy Morales
412 E. Vanderbilt Way
San Bernardino, CA 9240IN

Consultant will take affirmative action to ensure that subcontractors and applicants are employed, -9-
316

and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

23. Exhibits. Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Consultant's proposal, the provisions of this Agreement shall control.

26. Word Usage. Unless the context clearly requires otherwise, (a) the words "shall," "Will" and "agrees" are mandatory and "may" is permissive; (b) "or" is not exclusive; and (c) "includes" or "including" are not limiting.

27. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for perforinance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

28. Business Days. "Business days" means days Yucaipa City Hall is open for business.

M. Attorneys' Fees. In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in Contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all

attorneys' fees, experts' fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.

32. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument.

The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.

City:

City of Yucaipa,
a California municipal corporation
WE
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Name: Justin Beaver
Title: Mayor
Name: Kimberly J. Metzler
Title: City Clerk
Name: Steven Graham
Title: City Attorney
Consultant:

Design West Engineering
a California Corporation
By:

Name:

Title:

By:

Name:

Title:
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COVER LETTER
January 10, 2023
Attn. Mr. Fermin Preciado, RE., Director of Development Services/City Engineer DESIGN WEST City of Yucaipa
ENGINEERING 34272 Yucaipa Boulevard
Yucaipa, CA 92399
RE: Request For Qualifications/Proposals For Providing On -Call Professional Electrical Engineering Design Services
Your Partners Dear Mr. Preciado and Selection Committee, in The Development Services Department is tasked with many objectives, protection and enhancement of the community's quality of life being one of the most important.

These goals should be matched by a like-minded team with the knowhow and suitable experience working with the City. As an integral part of the community, city services cannot be interrupted and the Development Services Department's area of service helps influence effective design and environmental sensitivity. That's where Design West Engineering can help,
is the team to deliver the quality, responsiveness, innovation and value that the City expects. Dot -ing our 12-year history working with the City, Design West has worked on multiple parks in a mostly -electrical engineering capacity so we intimately understand the City's standards and specifications. crf For two decades, Design West Engineering has provided cutting edge service as one of Southern California's leading Mechanical, Electrical, Plumbing and Energy Consultation firms. We offer a diversified range of practical experience in design, construction and post -occupancy for the municipal building sector, including Roy Morales new buildings, tenant improvements, remodels, and MEP infrastructure, upgrades.

Electrical Department We are founded on the philosophy of providing second -to -none service and projects Head, Associate we work on manifest themselves in countless and diverse ways. We work hard to find RMorales@ unique solutions for any project type that we encounter as we partner with each client designwesteng.coni we serve. Through this approach, we have acquired a diverse set of skills and experience 909,890,3700 x 225 that we bring to each opportunity we Pursue. 412 E. Vanderbilt Way We have becorne recognized in this industry for our commitment to forward -thinking San Bernardino, CA innovation and environmental sensibility. We offer the most up-to-date expertise in the 92408 latest technologies to rnaximize your project's potential. rMN The following proposal demonstrates Design West's ability to perform for the City of Yucaipa and highlights Our qua
lifications and personnel's key strengths that uniquely position our team to satisfy the City's needs,
Most of all, we want you to know that we are a customer service -oriented company and we focus, first and foremost, on the client relationship. If you have any questions, please feel free to contact me at the information listed in the left margin, Sincerely,
2
Roy Morales
Electrical Department Head, Associate, Main Point -of -Contact N

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Since our beginning in January of 2000, Design West Engineering has been a team that partners with you to provide the highest quality of engineer and customer service on Mechanical, Electrical,PlumbPlumbing,T/cai, Plumbing, Fire Protection, and Techno|o8yaystems. Within any facility, thesesystenoarethedeta/bdnatyouexPecttovork`' not to notice, We see our role on your team in the same light, Our work is an integral part of your project functioning as it should. |tgoes far beyond just accurate engineering. |± has everything todowith what vvecall W�
good customer service,
VVodd for goVernnlentagencies requires anunderstanding ofn0anydive�ep��ecLtypes. This can include - essential services, critical facilities, community buildings, public administration, justice,corrections and facility D — V��t� �i ��ein�|�e�
detention, civic i��cmn� and other�� Design m �s �u e� projecthaving | history ofexperience with countless city and countydients as well aavarious state and federal agencies. oeyono]ustues'8///ug tuthe project type, this experience "includes +successful support '
of | works bidding and construction administration services. hincludes effective communication and collaboration with various regulatory agencies, utility companies, governmental departments, and multiple stakeholders.
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Design West Engineering's mission statement istoprovide our clients with the highest qualityof engineering and customer service inorder todeliver o product that vveare proud ofand sothat togethervvecan help to build better communities in the places where we live and work. This is our commitment on each and every ProjeCt.
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At Design West Engineering, we teach and embody the notion that customer service is our foundation of client engagement. [1ntop ufthis foundation, vve can build trust and long-lasting | hi through quality engineering, but this interaction starts with how we approach service. We have named "Four Corners" to this foundation ofexceptional service.

The four corners are: Collaboration, Communication, Creativity, and Care.

Weteach our team that while webuild up trust with a client through repeated consistent quality engineering, this same trust can begin b)crumble ifany ofthese foundations are weak.

So just a few of the things you can expect from our team onany interaction include:
• Aspirit of partnership
° Ateam that listens first
= Clear communication about scope and interpretation Ofthe scope ° Clear documentation ofthe same
* Meetings tgdiscuss .progress and direction ofproject
• Progress submissions to gain client input

These
sectors include: government, education, healthcare, and private work to name a few. The projects we work on manifest themselves in countless and diverse ways. our first focus has always been on the relationship with our client and specific project types or markets have been second. We work hard to find unique solutions for any project type that we encounter as we partner with each client we serve. Because of this approach, we have acquired a diverse set of skills and resume of experience that we bring, to each opportunity we pursue.

On top of this foundation of experience and expertise, we have built a system of efficiency. it is through this efficiency that our services remain highly responsive, schedule driven, and cost effective without ever compromising our quality of engineering and customer service.

Specifically in the sector of Government projects ( p',:' i. our team has experience with the following:

Government Administration —Administrative Offices, Conferencing Spaces, and Council Chambers Community Facilities— Libraries, Community Centers, and Parks Essential Service Facilities — Fire Stations, Police Stations, and Emergency Operations Care Facilities -Animal Shelters, Hospitals, and Other Healthcare Facilities Justice Facilities — Detention Facilities and Court Houses Operations — Data Centers, Laboratory, Maintenance Yards, and Waste Management Facilities Additional Specialties— Centra I Plant, Generators, Streets/Median Lighting, Water Utilities, Solar Photovoltaics 'S, ta" �r v, 0, u a F, i : i
g
Mechanical Engineering
HVAC Systems
Building Automation Controls
Plumbing Systems
Process Piping
Medical Gas
Cogeneration Systems
Alternative Heating & Cooling
Solutions
Fire Protection Engineering
NFFA 13 & 24 Fire Sprinkler
High Piled Storage Analysis
NFPA 30 & I I High Hazard
Systems
Electrical Engineering
Power Distribution
Lighting Design
Lighting Controls
Generators & UPS Systems
Solar Photvol
taics
Site Utility Coordination
Arc Flash, Coordination, &
Harmonic Analysis
Low voltage Engineering
Data & IT Systerns
Paging Systems
Fire Alarm
Security Access Control
Audio Visual
Commissioning & Energy
Title 24 Commissioning
LEED Commissioning
Retro-Commissioning
ASHRAE Level 11 EnergyAudits
Energy Modeling
Peer Review & Design Review
Additional Services
Building Information Modeling
System Studies and Reports
DSA/OSHPD Processing
San Bernardino County
On -call relationship that dates back to 2008, Design West has completed 37 projects during the duration of On -call with various teams.

Riverside County
On -call relationship that dates back to 2013, Design west has completed 19 projects during this on -call period.

San Bernardino Community College District - Master Services Agreement.

Nov. 2018 Measure CC for $470 million in local funding was passed for this district. Design Westjoined several on -call pools for MEP services, Cx, and other teams as a sub -consultant in which we were a part of 14 projects on multiple campuses.

Design West, 2010
In industry, 1999
Associate of Science,
California State University,
San Bernardino
c Main
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Roy has relationships with many of the local agencies after providing years of reliable design and service to this clientele. His experience includes design for buildings, sports fields, street lighting, and solar photovoltaic systems. Roy is a Senior Project Manager as well as the Electrical Department Head for the San Bernardino office. Roy joined the Design West team after working several years with Dream Engineering when the company was bought out in 2009, Roy brought an expertise in electrical applications, including parks and street projects. His greatest sector, of work is with municipal clients. Beyond exterior lighting projects, he also has great experience with essential service facilities, Community buildings, government operations facilities, aviation buildings, and Federal government projects. His wide-ranging experience includes design for communication towers, generator systems, utility coordination, electrical distribution, communications distribution (copper& fiber optic), commercial buildings, and industrial buildings.

Roy is a proven team leader, both in how he runs his teams internally, and how he runs his project teams when working with clients.

Yucaipa Five Winds Ranch (in progress)
Electrical Department Head. MEP design for Five Winds Ranch project with the City of Yucaipa, Scope included renovating the 4,200 SF existing residence into a city community center. Scope also include restroom addition, commercial kitchen build -out, as well as upgrading power and HVAC. Additionally, scope includes relocation of a 60'x4S' barn with design for addition of power to building, lighting down the center of the barn, power outlets and lighting for a new kitchenette, plumbing design for propane and kitchen sink.

Yucaipa Regional Park Pool Improvements
Electrical Department Head. Electrical design for the Yucaipa Regional Park Pool Improvements. Scope included providing power to pump and computer control systern. Scope also included replacement of 3 light poles with bases (to make way for widening of road) and an exterior grade four-plex Outlet at the kiosk location.

Yucaipa Regional Park Upgrades
Electrical Department Head, Electrical design upgrades for Yucaipa Regional Park. Scope included replacement of (2) 208/120V parrelboards and feeders for (2) toilet buildings and existing electrical distribution metered switchgear and cabinets. Scope also included bringing existing drawings for prior uncompleted project up to current code as well as providing RV ADA Upgrades.

Radio Site Security Upgrade
Electrical Department Head.Eiectrical installation of (63) Radio Site's Security Upgrades for San Bernardino County. Scope included providing specifications, cutsheets, bid forms and required details for contractors to bid on scope which includes new security cameras, access control and modification or new specification of door/door frames.

Woodcrest Library
Electrical Department Head. MEP design for Woodcrest Library of approximately 5,180 SF. Scope included a 1,500 SF library extension, new 1,440 SF Children's library with 700 SF addition and 740 SF of remodeled area, and remodel of the community room of 2,240 SF�
327

17 Years at Design West
27 Years in Industry
Bachelor of Science in
Electrical Engineering
Arizona State University
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P ri c-
With over 25 years of design and project management experience, Leo Maya has worked on a wide at -ray of projects including large commercial and industrial buildings, health care and institutional facilities, data centers, sports field lighting, street and area lighting, golf course electrical systems, custom residences, and various dry utility designs, Mr. Maya joined the Design West team in 2005 and in 2009 took over the responsibility of running the electrical production. Apart from standard electrical and lighting design, he oversees the electrical BIM design team; solar photovoltaic design; specialized analyses including arc flash, coordination studies and load flow evaluation; all low voltage applications including fire alarm, security, data and signal, and A/V systems. His continuing education in the field of the electrical engineering and lighting design, along with his membership and board position for the IESNA (illuminating Engineers Society of North America) keep him up to date with the latest lighting and energy efficient technologies.

Beyond his technical prowess, it is Mr, Maya's dedication to maintaining long- term client relationships and his diverse background that have made him such a valuable asset to the Design West team. This dedication to customer service is evident in the work ethic and the character displayed by his whole team.

Yucaipa Five Winds Ranch (in progress)
Senior Electrical Engineer. MEP design for Five Winds Ranch project with the City of Yucaipa. Scope included renovating the 4,200 SF existing residence into a city community center Scope also include restroom addition, commercial kitchen build -out, as well as upgrading power and HVAC. Additionally, scope includes relocation of a 60'x45' barn with design for addition of power to building, lighting down the center of the barn, power outlets and lighting for a new kitchenette, plumbing design for propane and kitchen sink.

Yucaipa Regional Park Pool Improvements
Senior Electrical Engineer, Electrical design for the Yucaipa Regional Park Pool Improvements. Scope included providing power to pump and computer control system. Scope also included replacement of 3 light poles with bases (to make way for widening of road) and an exterior grade four -plea outlet at the kiosk location, Yucaipa Regional Park Upgrades
Senior Electrical Engineer. Electrical design upgrades for Yucaipa Regional Park.

Scope included replacement of (2) 208/120V panelboards and feeders for (2) toilet buildings and existing electrical distribution metered switchgear and cabinets. Scope also included bringing existing drawings for prior uncompleted project up to current code as well as providing RV ADA Upgrades.

Radio Site Security Upgrade
Senior Electrical Engineer. Electrical installation of (63) Radio Site's Security Upgrades for San Bernardino County. Scope included providing specifications, cutsheets, bid forms and required details for contractors to bid on scope which includes new security cameras, access control and modification or new specification of door/door frames.

SB Memorial Walkway Lighting
Senior Electrical Engineer. Electrical design for the SB Memorial Walkway Lighting project. Scope included replacing existing bollard lighting with inground well lights. Lighting was replaced one -for -one and lighting circuits/controls were reused. Existing lighting circuits and controls will be reused.

Working for government agencies requires an understanding of many diverse project types. This can include essential services, critical facilities, cornn"lunity buildings, public works, justice, corrections and detention, civic infrastructure, and other facility types.

Design West works on all of these project types with countless city and county clients, various state agencies, and several Federal Agencies as well.

Complete MEP design to remodel an existing building
into the new 35,000 square foot City Hall Building with offices, council chambers, and community space,
Riverside County Public Defender Offices
Complete MEP design for the 27,000 square foot
tenant improvement of the 1st and 2nd Floor for the
Public Defender in Riverside,
Big Bear Lake PublicWorl<s BuildingAddition
Complete MEP design for a 6,300 square foot office
building addition for the Public Works Department.

Building is LEER Certified.

Blythe Civic -Administrative Center
Design for a 69,000 square foot remodel of a Civic
Center including a court house, Blythe Police station
and other county administrative offices.

Norton Regional Event Center
Complete MEP design to remodel an existing 28,000
squarefoot buildingto become the lVDA headquarters
including admin office and Council chamber space,
Electrical design for SB County Museum Entry
Beautification project, Scope included providing
power to Vehicle Gate motor, power for Illuminated
monument sign, and providing conduit only for
pedestrian gate intercom signal cabling,
IN
Riverside County EDA Offices
T.I,'s for 55,500 square feet of Adr-nin Office the 2nd, 4th, and 5th floors of the Riverside Centre Building,
Riverside CountyWork Force Development
Tl,'s for 40,000 square feet of Administrative Offices, including the offices on 4th, and 5th floors.

Arcadia Upper City Hall HVAC Upgrade
Complete MEP design to the retrofit and upgrade to
the existing air handling system and air distribution
for the portion of City Hall known as the Upper City
Hall,
County of Los Angeles DPSS, Inglewood
Complete MEP design fora 10th and 11th floor Tenant
Improvement for the County DPSS facility.

New construction of an 8,000 square foot City Hall
designed to LEED Silver criteria.

Additional Projects
San Diego US Probation Office TI
Riverside US Probation Office 1-1
Palm Springs County Probation Office TI
Riverside US Bankruptcy Court TI
Los Angeles Superior Court Remodel
Los Angeles Immigration Court
Riverside Flood Control Offices HVAC Upgrades
Rialto Public Works Department Remodel
Rialto Code Enforcement Office Remodel
Hermosa Beach Public Works Remodel
Chino City Hall Council Chambers Remodel
Fontana City Hall Council Chambers Remodel
Fontana City Hall East Annex Remodel
Fontana DA Office Remodel
Banning City Hall and Police Station HVAC Upgrade

71%
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C. U Ili "I i-viiC il, ii roNwx
Complete MEP design for a complete renovation of a 32,000 square foot county branch library.

AX Smiley Library
Complete MEP design for FIVAC Upgrade at the 63,000
square foot NRHP Historic Library built in 1898 for the City of Redlands.

Complete MEP design for a 30,000 square foot
community center facility including a 10,500 square
foot gyr-nnasium room, plus multi -purpose room,
offices, and lobby.

MeadValley Community Center
Complete M&P design for a new 15,000 square foot
community center including community rooms, food
storage, two kitchens, cafeteria hall, exercise areas,
and medical examination rooms,
New community park in the historic Los Rios Street,
Park and facility all elements were carefully designed
to fit the historic location and provide an educational experience of the community history.

MorenoValley City Library
Complete MEP design for a new state of the art
65,000 square foot library facility.

Renck Community Center
Complete MEP design for remodel of the existing
14,300 square foot Community Center at Hunt Park in
Riverside including a gym, classroorns and computer
lab, game room, fitness center, MPR with kitchen,
restroorris and support,
Vista Hermosa Park
Con plete MEP design for a new aquatic center and
sports lighting design for 3 baseball fields, 6 soccer
fields, a football field, and design for a 147kW solar
photovoltaic system.

HistoricWagner House
Complete MEP design for ADA remodels of thehistoric
house, community center, and tennis club facilities.

UplandAnimal Shelter
Complete MEP design for the
19,500 square foot city -owned
animal shelter, including procedure
and exam rooms, iso roorns,
nursery, interior and exterior
kennels, open outdoor play areas,
and offices.

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" I R ON
Complete MEP design for a new ground up metal building animal shelter with standard low voltage cable tray specification. Project includes offices, kennels, veterinary facilities, play areas, and new utilities for the site.

Below is our organizational chart illustrating our staffing structure for this contract. While this submission is directed towards Electrical Engineering, our intent is to illustrate the depth of resourcesto meet the anticipated requirements of any project which may arise. Our team has a proven track record resulting in responsive, on - time and in -budget projects.
< 1 ki U ok!,Ul. tit t
Ci A

CITY OF
Roy Morales
Electrical Dept. Head
Main Point of Contact
Indicates "Key Personnel"
Resumes are included in
previous pages
Leo Maya,
as
"d
PE, LEER AP BD+C
Senior Electrical Engineer
Braden Kempton,,
PE
Project Manager
Arcadio Nungaray:

Project Manager
Adrian Jacquez
Project Manager
Jesus Manzo
Project Manager
IE
sm

Project 41itiation t The success of a project starts with a successful initiation and kick off. Our engineers start by listening well to get a full grasp of your history, your current needs, and your future direction. We work from the project initiation to set feasible goals and milestones that align to each project's schedule and budget.

While each project manager needs to maintain the flexibility to pivot design and direction at any point during a project, it is crucial to start off with the proper aim for the course to keep a tight budget and schedule.

C)n-tGoing I A key component to successful management of any project is responsive and thorough communication. Milestones are established at the beginning, but questions from a client will constantly arise. We take great pride in each project we complete and we work closely, one on one, frorn initiation to completion date. We follow up and track the success of our work. Quite simply, we truly care about our quality of service, as many of our satisfied clients will attest.

It has always been our belief that it is not the responsibility of the client to make sure that a project is being internally coordinated between the members of our team. It is also not the responsibility of our client to make sure any new information passed to one point of contact should demand any additional reiteration. As much as we communicate with you our client, our continuous internal communication is fundamental to a successful project. From initiation of the project, the members of our team will establish routine internal coordination appointments to ensure you always receive coordinated and synchronized information.

T,e,':-,;'ii Coordination I It is never the responsibility of the client to make sure that a project is being coordinated between the members of our team, whether they be internal to Design West orsub-consultants on the project. It is also not the responsibility of our client to make sure any new information passed to one point of contact should demand any additional reiteration. As much as we communicate with you our client, our continuous internal project team communication is a clear fundamental to a successful project. So as such, meeting minutes from any project interaction with you as the client are carefully noted and distributed amongst the team. Additionally, from initiation of the project, the members of our team will establish routine coordination appointments to ensure you always receive coordinated and synchronized information.

Qu'abty Control Pro.c'ess� 1 As design projects approach construction, the QA/QC process is crucial and a thing that sets teams apart. Internally, we have established master checklists that are applied to each discipline tailored to municipal project type. In addition to the checklists, at the project initiation, there will be other Principals and Key Project Managers within our company who will be appointed to quality control. These will be individuals who have not been involved with the design process. They will give these projects a complete review before bidding and before plan check along with other intervals, as necessary and as determined at project initiation. This always provides fresh perspective and ensures we are bringing your agency the highest quality of documents possible. All this in the end will help minimize the number of review comments needed from the AHJ, the time to complete construction, and the potential for change orders.

ConstrUcVion Phase i During
construction phase, it is important that our teams maintain the same level of thorough and responsive communication that has been present throughout earlier stages of the project. This includes being readily available to be on -site immediately to answer potential questions and review any concerns. It is our guarantee to have someone present within I business day, if not sooner. It is most important to us that we always keep the owners best interest in mind at all times with regards to the course established at project initiation, budgets, schedules, and the like.

We act as the expert mediator on your behalf throughout the entire construction administration process,

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Asconstruction markets ebb andOovinaconstant flux, managing � budgetsever-evolving skill, rely cmahandful pftried and true techniques that helps Vs consistently accurate rough order of magnitude costing.

First and foremost, as we establish the
thinking through the most effective points to re-evaluate system costs. With most any project, the construction budgets are established by the client at the initiation of the project. But as design decisions are made and a project establishes a direction, these ideas need to be routinely weighed against the budget, o*abishgmgodromGniudot��r��n�'�|�onatr h
VVe threeco�t�'` ions d | kLoth - —�---- --- ''
ur pVn �n oo ��th��coststoensucedeshzn��reon��ckv«��qthe Uudget.Thgse'three opjnionsourcesaneasfO|koVys: - ~

1. One, and perhaps the most important, we contact trusted friends and associates inthe related construction fields cogain their input on how they would bid aproject ofthis nature atthe particular time ofour call, Z. Two, we collect and review records of recent construction bids on similar projectswithin recent history,

3. Three, vvetrust our own teams ofengineers' instinct and opinion onvvhereconstruchmncosts should be Most often, these three sources align well and they can also help us to identify construction cost trends. |fany one of -these sources-'~ falls greatly "'"= out "' "line with the oue[ then vvehave reason to�vesdgate ��rVedo��jnvo|� mn�t�u��and c�n|o��m��—°same three source types.

By breaking the project into milestones, our project managers are able totrack the schedule insmaller arnauntsoftime and complete the overall project on time. Every
database that we have created for project tracking and management using the Ajera platform from Deltek. The database contains all of the project information related to contacts, due dates, schedule and budgets. Through the database, project managers use reports and scheduling tools to see where potential scheduling issues may arise.

Our teams are built around flexibility so that other teams can help Out if a team becomes overloaded.

W, —~ On Monday of every
upcoming
-_—veek,'a project
'~~�rs== '"=e�/� � held
p-�--'_-~ ...�d�adUnes, and lessons |ce/oed throughout the past week, The lessons learned are discussed and documented ��thattUeycanbebenefit2dfrominfu--'^=PertoftMereasonourconp8nyhGshadsud`greatsuccessisatb1buted tolearning from voiding them in the future,
IV e
/tDesign West, customer service ^Ph i
c w//4number Project managers exceptional
us�onn�rservioethr�uRhUu�1hep `ecLThb�a�sattheh�'dngprncessVVesearch for tea~~"/ members'1n at show ahigh level ofccn � communication 'iUsandadesretneace|incustomer' satisfaction. F __ single team lead = assigned ^tthe beginning oveach pngect If �.et�=�� lead wW|d�c - , u' _-''
~.~~~". managers and designer. If additional
~~required, department -heads will step .`_~ provide support. `Our customer service policy includes procedures that ensure outstanding customer service and communications:

L All phone calls and emails are responded to within 24 hours from receipt, no exceptions. Emails are received on phones and tracked by project managers while out of the office. Cell phone numbers are available so that a project manager can be contacted for an urgent matter.

2. If a question or request is received that may take more than 24 hours to answer, an initial email or

phone call is established torespond and provide atimeline for completion of the request.

3. During construction, RFysare answered within 3days, and submittals are responded towithin Sdays, no exceptions.

N
As design projects approach construction, the QA/QC process is crucial and a thing that sets teams apart.

Internally,applied . project.
addition to the checklists, at the project initiation, there are other Principals and Key Project Managers within our company who are appointed to quality control. These are individuals who have not been involved with the design — They will give these complete before bidding and before plan check perhaps o`other xintervals asnecessary and aadetermined acproject vvinitiation. This provides fresh perspective � and ensures we are delivering the highest quality ofdocuments possible, All this, inthe end, will help minimize — the number ofreview comments needed from outside agencies, the time bzcomplete construction, and the potential for change orders,
Design West maintains acentral "Lessons Learned" notebook tolog any lessons learned from past projects.

Lessons learned are used for training, design improvement and for irnpr�vinQ the [��pnJcess The [e/ ons . �u — learned notebook is accessible to all team members. Each Monday, a project managers meeting is held to discuss project status and review current lessons learned, All change order requests are routed to the QC manager for review, The QC manager will implement updates or changes in the QC checklist to avoid repeated mistakes using past change orders and lessons learned, Part of the reason our company has had such great success is attributed to learning from our failures and avoiding them in the future, At Design ' customer service is priority number one. Project managers are trained to provide exceptional �� --'—customer service throughout the project. This starts `^ the hiring process. ,"= search for team members �that � show ahigh level ofcommunication skills and a desire to excel in customer satisfaction. From projectto project, a singletealead is assigned at the beginning
lead will discuss strategy and resolution with other project managers and designer. If additional resources are required, department heads will step in to provide support. Our customer service policy includes procedures that ensure outstanding customer service and communications:

I. All phone calls and ernaUsare responded to within 24 hours from receipt, noexceptions. Ema||s are received
on phonesand tracked by project managers while out
ofthe office, Cell phone numbers are available sothat a project manager can becontacted for anurgent matter

2. |faquestion orrequest isreceived that may take more
than 24hours tOanswer, aninitial email orphone call
is established to respond and provide a timeline for
completion ofthe request.

3. During construction, RF|'sare answered within 3days, and submittals are responded to within S days, no
exceptions.

but we
have existing relationships in place to quickly pull in different services not offered under the firm should the need arise. We could potentially bring on Structural, Civil, Geotechnical, Cost -estimating, and Architectural subcontractors if needed to cover project scopes that fall outside of Electrical engineering design services.

EXHIBIT
e i
w

a . HOURLY RATE SHEET
Principal En ineerin .. . ................ .. ...... ..$240.00 per hour DESIGNW E _.

ENGINEERING Mechanical & Plumbing Engineering
Senior Engineer, Mechanical...........................................$220.00 per hour Mechanical Project Manager.........................................$170.00 per hour Mechanical Designer.....................................................130.00 per hour Mechanical CAD Craftsperson.........................................$110.00 per hour Your Partners
in Electrical Engineering
Senior Engineer, Electrical .................................................. $220.00 per hour Electrical Project Manager ..... .......$1.70,00 per hour Electrical Designer ..................... ................, ............$ 0 pe 130 0 r hour Electrical CAD Draftsperson .. ....................... .. .$110.00 per hour Commissioning Services
Director of Commissioning Services..................................$220.00 per hour �cw..r.0 wu
Commissioning Agent...............................
$170.00 per hour
Commissioning Engineer.... ... .........$130.00 per hour Energy Services
Director of Energy Services Engineering..........................$220.00 per hour Energy Services Engineer ................... ....................$170.00 per hour Energy Services Designer .............. ......$130.00 per hour • _ _i er hhour
i i . i -.- '• !• e� •
It
Utility Coordination
.....................................$220.00 per hour
........................................$170.00 per hour ...................................... $130.00 per hour ...........................:...........$110.00 per hour Electrical
- i it •- s
our
Clerical Support.. ................................................................... $90.00 per hour — Rates Effective Jone 1, 2022

EX45LIBIT C
-rW-xf

REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute "publicworks" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter I "). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter I and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be boundby all the terms, rules and regulations described in I (a) and 1 (b) as though set forth in full herein.

3. Consultant shall be registered with the Department of Industrial Relations inaccordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subcontractorceases to be registered with DIR at anytime during the duration of the project, Consultantshall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subjectto compliance monitoring and enforcement by DIR. Consultant shall post job site notices,as prescribed by DIR regulations.

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10. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25,00 for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during whichsuch worker is required or permitted to work more than eight hours in any one calendarday and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 11 For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor CodeSections 1860 and 3700, and Consultant shall include in the written Contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions.

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Yucaipa City CouncilFebruary 13, 2023

Yucaipa City Council
February 13, 2023