Item 11 Award of Contracts Professional Engineering and Land Survey

Agenda Item No.

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer IF Landon Kern, Assistant City Engineer Lac
Todd Gutjahr, Public Works Analyst LI, FLft_
FOR: City Council Meeting of July 24, 2023
SUBJECT: Award of Contracts — On -Call Professional Engineering and Land Survey Services RECOMMENDATION:

That the City Council:

1. Award and authorize the City Manager to execute a contract and the City Manager or his designee to administer the terms of the contract with B&R Consulting Engineers, Inc. of Yucaipa, California in the not -to -exceed amount of $75,000 for On -Call Professional Engineering and Land Survey Services for FY24; and

2. Award and authorize the City Manager to execute a contract and the City Manager or his designee to administer the terms of the contract with RMD Surveying of Rancho Cucamonga, California in the not -to -exceed amount of $50,000 for On -Call Professional Engineering and Land Survey Services for FY24; and

3. Award and authorize the City Manager to execute a contract and the City Manager or his designee to administer the terms of the contract with Hernandez, Kroone, & Associates of San Bernardino, California in the not -to -exceed amount of $50,000 for On -Call Professional Engineering and Land Survey Services for FY24.

DISCUSSION:

The City's adopted Capital Improvement Program (CIP) includes many projects that require professional engineering and land survey services. These services are required during the environmental, design, right of way, and construction phases of projects, in accordance with state and federal laws, and to ensure the project is constructed per the approved plans and contract specifications prepared for the projects.

In response to a publicly advertised Request for Proposals/Qualifications advertised in May of 2020, for On -call Professional Engineering & Land Survey Services (engineering/survey services) for Various Projects for FY21 and FY22, the City received thirteen (13) Proposals/Qualifications.

Subsequently, on June 22, 2020, staff recommended and City Council approved the award of contracts for engineering/survey services and executed agreements with Yucaipa Valley Engineering (YVE) in the amount of $220,000, PSOMAS in the amount of $120,000, and CASC

in the amount of $60,000. These contracts were approved for both FY21 and FY22, with the option to extend the contracts through FY24. On July 11, 2022 City Council approved the extension of contracts with CASC and PSOMAS through FY24. In June of 2022, YVE informed staff that they would no longer be able to provide engineering/survey services to the City due to the retirement of the principal engineer/owner. As a result, this represented a reduction in these required engineering/survey services by approximately 33% and staff anticipate additional engineering/survey services are necessary to support CIP projects.

On March 30, 2023, the City accepted submittals from engineering and survey firms after publicly advertising the Request for Proposals/Qualifications for On -Call Professional Engineering and Land Survey Services. The following four (4) firms submitted their qualifications/proposals and were deemed qualified to provide the requested services:

Firm
Office Location
I
Hernandez, Kroone, & Assoc.

San Bernardino, CA
2 RMD Surveying
Rancho Cucamonga, CA
3 Calvada Surveying, Inc.

Corona, CA
4 B&R Consulting Engineers, Inc.

Yucaipa, CA
Taking into consideration the firms' experience, approach to the services being requested, and the cost proposal information, staff evaluated the proposals based on the City's administrative qualifications -based selection process. Three (3) firms were deemed the most qualified to provide the services being requested. Staff is recommending the award of one (1) year contracts for On - Call Professional Engineering and Land Survey Services to B&R Consulting Engineers, Inc. in the not -to -exceed amount of $75,000, RMD Surveying in the not -to -exceed amount of $50,000, and Hernandez, Kroone, & Associates in the not -to -exceed amount of $50,000, With the CASC and PSOMAS contracts expiring on June 30, 2024, staff anticipates the need to advertise for these required services once again in the spring of 2024 in order to contract for these required services to support CIP projects beyond FY24.

It is important to note that B&R Consulting Engineers, Inc. and RMD Surveying have previously provided professional services to the City and their work has been deemed satisfactory. In addition, staff has verified the references provided by Hernandez, Kroone, & Associates and found that they have provided similar services to other agencies and their work has been deemed satisfactory.

FISCAL IMPACT:

The funding for these services is included in the Adopted FY24 Budget.

Attachments:

1. Professional Agreement — B&R Consulting Engineers, Inc.

2. Professional Agreement — RMD Surveying

3. Professional Agreement — Hernandez, Kroone, & Associates Approved by:

ATTACHMENT 1

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF YUCAIPA

A CALIFORNIA MUNICIPAL CORPORATION
AND
B&R CONSULTING ENGINEERS, INC.

A CALIFORNIA CORPORATION
Form Approved 2/17/2023
00091740.2

PROFESSIONAL SERVICES AGREEMENT

FOR PROVIDING PROFESSIONAL ENGINEERING & LAND SURVEY SERVICES BETWEEN THE CITY OF YUCAIPA AND B&R CONSULTING ENGINEERS, INC.

THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into this 241h day of July 2023 ("Effective Date"), by and between the CITY OF YUCAIPA ("City"), a California municipal corporation and B&R Consulting Engineers, Inc., a California Corporation ("Consultant"). For the purposes of this Agreement, City and Consultant are sometimes hereinafter referred to as "Party" and hereinafter collectively referred to as the "Parties."

RECITALS

1. City has sought by Request for Qualifications/Proposals for professional engineering and land survey services defined and described particularly in Section 2, "Scope of Services and Schedule of Performance" of this Agreement.

2. Consultant was selected by City to perform those services.

3. Consultant was selected by City on the basis of Consultant's demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.

4. City has authority to enter alto this Agreement and the City Manager has authority to execute this Agreement.

5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 "Scope of Services" of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

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

SECTION 1. TERM OF AGREEMENT
(a) Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is June 30, 2024, commencing on Effective Date, unless otherwise extended by written agreement of the Parties.
(b) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month -to -month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 "Compensation." 00091740.2 Page I I

(c) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by City Council.

SECTION 2. SCOPE OF SERVICES
Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit "A," "Scope of Services" (hereinafter, the "Services"), and the City agrees to retain and does hereby retain Consultant for the Services.

SECTION 3. ADDITIONAL SERVICES
Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 "Administration and Implementation" or Section 27 "Amendment" of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit `B" "Compensation" and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $75,000 ("Not to Exceed Amount"), unless additional compensation is approved in writing in accordance with Section 25 "Administration and Implementation" or Section 27 "Amendment" of this Agreement. If additional compensation is needed, City Council approval is needed pursuant to Yucaipa Municipal Code Section 2.24.012. (b) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

SECTION 5. METHOD OF PAYMENT AND INVOICING
(a) Payment shall be made in accordance with City's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 23, "Notices" hereof. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager's authority without approval by the City Council. 00091740.2 Page 12

(b) Consultant shall submit within 30 days of the end of each month a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City. In order to receive payment, Consultant shall submit to City an itemized invoice, on a monthly basis, for services performed pursuant to this Agreement. Each itemized invoice shall identify at the top of the first page, the Not to Exceed Amount (as set by Section 4(a) above), the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice. The invoice shall detail charges by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub consultant contracts. Sub consultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 4(a) and Exhibit "B" include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and undisputed invoice. (d) The Parties estimate that performance of this Agreement will be accomplished without an increase in the Not to Exceed Amount. Consultant shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement.

SECTION 6. INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant's work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant's work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant's work shall be deemed to have been accepted. City's acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant's work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 17 "Indemnification" and Section 18 "Insurance."
SECTION 7. OWNERSHIP OF DOCUMENTS
00091740.2 Page 13

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall tum over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant's guarantees and warranties in Section 11 "Standard of Performance" of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

SECTION 8. INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT
For no additional compensation, Consultant hereby assigns to City all of Consultant's rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or sub consultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver, and shall cause its employees, agents, and sub consultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials includes all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant's Services under this Agreement.

complete and detailed so as to permit an accurate evaluation of the Services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant's address indicated for receipt of notices, "Section 23," of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant's business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.

SECTION 10. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant's officers, employees, sub consultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care, workers' compensation, disability, or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights.

SECTION 11. STANDARD OF PERFORMANCE
00091740.2 Page 15

Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant's profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit "A" "Scope of Services" that shall also be applicable to Consultant's work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

SECTION 12. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing, including but not limited to obtaining a City business license. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.

SECTION 13. PREVAILING WAGE LAWS
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.

physical), or military or veteran status in connection with or related to the performance of this Agreement. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder. The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)-(f), are incorporated into this Agreement by reference and made apart hereof asset for in full. Consultant shall include the non- discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

SECTION 15. CONFLICTS OF INTEREST
(a) Consultant covenants that neither it, nor any officer or principal of its fine, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non -related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Consultant will, perform non -related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 16. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents or sub consultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. 00091740.2 Page 17

(c) If Consultant, or any officer, employee, agent or sub consultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub consultants 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. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

SECTION 17. INDEMNIFICATION
(a) To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably selected by the City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents ("Indemnified Parties") from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or sub consultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney's fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by Consultant, its officers, agents, employees, representatives, sub consultants, anyone directly or indirectly employed by any of them, or anyone that they control.

Consultant's duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.
(b) Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub consultant, subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees.

In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section.

Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, 00091740.2 Page 18

assigns or heirs of Consultant and shall survive the termination of this Agreement and this section.

SECTION 18. INSURANCE
Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit "C" "Insurance" and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content.

These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.

SECTION 19. ASSIGNMENT
The expertise and experience of Consultant are material considerations for this Agreement.

City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant's duties or obligations under this Agreement without the prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 21 "Termination of Agreement." City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize sub consultants.

If in the performance of its duties Consultant utilizes sub consultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making sub consultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 18 "Insurance." The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performedby any sub consultant or subcontractor for purposes of establishing a duty of care between any sub consultant or subcontractor and the City.

SECTION 20. CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors / sub consultants, if any, assigned to perform the Services.

Consultant shall notify City of any changes in Consultant's staff and subcontractors/sub consultants, if any, assigned to perform the Services prior to and during any such performance.

(b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant's possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 5 "Method of Payment and Invoicing" of this Agreement. This final invoice shall be reviewed and paid in the same marmer as set forth in Section 5 "Method of Payment and Invoicing" of this Agreement. (e) Upon written notice, City may suspend all or any portion of Consultant's performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

SECTION 22. EXCUSABLE DELAYS
Neither Party shall be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of either Party. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. NOTICES.

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

To City:

City of Yucaipa
Attn: City Manager
34272 Yucaipa Blvd.

Yucaipa, CA 92399
00091740.2 Page 110

To Consultant: B&R Consulting Engineers, Inc.

Attn: Fred Valencia, P.E.
34272 Yucaipa Blvd. #207
Yucaipa, CA 92399
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 24. AUTHORITY TO EXECUTE.

The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.

SECTION 25. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 "Amendment" and the City Manager's contracting authority under the Yucaipa Municipal Code.

SECTION 26. BINDING EFFECT.

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

SECTION 27. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager's contracting authority. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.

SECTION 28. WAIVER
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
00091740.2 Page 111

SECTION 29. LAW TO GOVERN; VENUE.

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

SECTION 30. ATTORNEY'S FEES, COSTS AND EXPENSES.

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

SECTION 31. ENTIRE AGREEMENT.

This Agreement, including the attached exhibits and addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 32. SEVERABILITY.

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

SECTION 33. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:

1. All exhibits and addendums

2. All amendments

3. Consultant's proposal, if any

requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, exhibits and addendums, and Consultant's proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.

SECTION 34. TIME OF THE ESSENCE.

Tune is of the essence for each and every provision of this Agreement. 00091740.2 Page 13

PROFESSIONAL SERVICES AGREEMENT

FOR PROVIDING PROFESSIONAL ENGINEERING & LAND SURVEY SERVICES BETWEEN THE CITY OF YUCAIPA AND B&R CONSULTING ENGINEERS, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first -above written.

CITY OF YUCAIPA
Chris Mann
City Manager
ATTEST:

CITY CLERK
APPROVED AS TO FORM:

CITY ATTORNEY

CONSULTANT
Its:
000917402
Signature Page

EXHIBIT "A"

SCOPE OF SERVICES
000917402
Exhibit A — Scope of Services
Page I 1

Professional Engineering & Land Survey Services for the Design and Construction of various local, state, and federal funded Capital Improvement Program

TECHNICAL PROPOSAL

SCOPE OF WORK
The following narrative describes services that B&R can provide as needed at the City's discretion. B&R is equipped to handle all the services listed in the RFQ. B&R is confident we can provide these survey services to ensure successful construction contracts and that the projects are completed in compliance with contract requirements and applicable government regulations. B&R staff will act as an extension of the City of Yucaipa by establishing a sound working relationship with the City and understanding specific resource needs and how best to fill them. Our basic objectives are:

Deliver a product that satisfies the City's needs
Improve project delivery performance with relation to quality, scope, schedule and cost Complete the task right the first time
Anticipate and respond to issues before they become problems by focusing on critical areas i- Communicate continuously and effectively with stakeholders Manage change and risk
If selected, B&R will provide land survey services to assist the City of Yucaipa primarily in the design and construction of various federal, state, and locally funded projects. The RFQ provides a brief overview of typical "Scope of Work" activities, they are:
r Street/design cross sections; 25' on center minimum.

Topographic survey showing surface features which would affect design.

Manhole, storm drain manhole and catch basin invert elevations.

Utility location survey.

Street centerline monument survey; centerline ties.

Right of way survey.

Mapping.

Legal descriptions/plats.

Construction staking as needed for each project.

All necessary cut sheets, maps, legal descriptions, plats, documents and Civil 3D/AutoCAD files.

Construction Staking
It is assumed that a major portion of the services provided under this contract will involve construction staking. Complete, timely, and accurate construction staking is crucial to the construction of a project in accordance with the engineer's design and to the overall success of the project. Construction Staking is the placement of either physical markers (stakes) or painted markings on streets, sidewalks, or other surfaces with associated information to be used as a basis for the actual construction. The information provided will describe the horizontal and vertical location of improvements and provide associated cut or fill to finished surfaces.

Our surveyors implement Global Positioning Systems to ensure an efficient and accurate operation resulting in a quality product.

B&R can offer a full spectrum of construction staking services that may include:

Clearing and Grubbing Stakes/Limits of Grading
Rough Grade Stakes
Slope Stakes
Curb and Gutter Stakes
Curb Returns
Signal Foundations and Pedestals
Pavement Stakes
Inlet Structures and Junction Structures
Storm Drains, Reinforced Concrete Box Culverts
Fencing, Gates, and Barriers
1- ADA Compliance Surveys
Request for Proposal — Page 20

Professional Engineering & Land Survey Services for the Design and Construction 1*� of various local, state, and federal funded Capital Improvement Program Parking Lots
CIDH or Driven Piles
Street Cross Sections
As the City prepares to start the design of roadway improvements, initial planning may require cross sections of the existing roadway alignment that describes the profile of the original ground, roadway widths, and cross slopes. These measurements may be used for primary design, estimating volumes for import and export, identifying removals or items to protect in place. The survey may include manhole elevations, catch basin inlet and outlet elevations, walls, driveways, fire hydrants, trees, traffic signal poles, and traffic signal controllers. These existing facilities shall be located by station and offset distance.

Topographic Surveys
Topographic surveys may be required when a larger project site area needs to be depicted using contour lines and all natural and man-made features are shown. Features like fences, trees, manmade structures, flowlines, depressions, and hills are shown. These types of surveys are provided to designers and engineers for the design of new facilities, development of mass diagrams, and the calculation of fill and cut quantities. Topographic contours can be shown at intervals appropriate for the intended use and taking into consideration if the general terrain is flat or steep.

Positive Utility Location Surveys
Utility surveys for design purposes include identifying the positive location of all above ground and underground utilities. These types of surveys are much more detailed and accurate than information marked on pavement surfaces or sidewalks by utility location services like DigAlert "811" or the respective utility companies.

Accurate positive location of utilities is imperative for the design of new facilities especially if new underground drainage systems or signal foundations are planned. The information serves to plan facilities to avoid utilities, if possible, minimize need for relocations, or design new facilities with appropriate clearances. This information is also needed in the writing legal descriptions, identifying easements, and the planning or estimating the relocation of utility facilities.

The following are lists of facilities and critical points to be located for various utilities:

Oil and Gas Pipelines
Intersection point with centerlines and/or right of way lines For lines parallel to right of way — location ties necessary to show relationship to the right of way lines Vents
Angle Points
Meter Vaults and Valve Pits
Water and Sewer Lines
Intersection point with centerlines and/or right of way lines For lines parallel to right of way — location ties necessary to show relationship to the right of way lines r Elevation on waterlines, sewer inverts, and manhole rings Fire hydrants
Overhead Lines
Supporting structures on each side of roadway with elevation of neutral or lowest conductor at each centerline crossing point.

On lines parallel to roadway, supporting structures that may require relocation, including overhead guys, stubs, and anchors. r Underground Lines
Cables/lines
Manholes, pull boxes, and transformer pads.
- Crossing at centerline or right of way lines
For lines parallel to right of way — location ties as necessary to show relationship to the right of way lines.

Request for Proposal — Page 21

Professional Engineering & Land Survey Services for the Design and Construction of various local, state, and federal funded Capital Improvement Program Street Centerline/Monument Surveys and Centerline Ties
The proper maintenance and protection of centerline monuments is critical to be able to determine exact property boundaries and the public right -of -way. Center Line Ties are used to locate the centers of streets and street intersections. This information is necessary for the design and construction of improvements in the public right-of-way, the design and construction private development, and the development of tract or parcel maps. Street monuments are constantly at risk of being destroyed or buried by street reconstruction or paving operations. B&R is ready to perform this task as needed.

Legal Descriptions/Plats
A legal description of real property or public right-of-way is a way to accurately describe the location of a property. The land surveyor is responsible for performing accurate and comprehensive surveys. The surveyor's duties entail conducting precise measurements, collecting geospatial data, and producing detailed reports and maps or plats in compliance with applicable laws and regulations. This includes establishing property boundaries and identifying and documenting easements. The surveyor will assess the accuracy and adequacy of existing land descriptions and records, ensuring legal compliance and minimizing potential disputes. B&R's services will be to the highest standards of integrity, objectivity, and professionalism.

B&R Approach to Requested Services
B&R understands, has experience, and can provide the scope of services as described in the RFQ for Professional Engineering & Land Survey Services. Some of the facilities B&R staff are experienced with are retention basins, storm drains, traffic signals, ADA compliant facilities, sidewalks, curb and gutter, pavement rehabilitation, utilities, retaining walls, sound walls, drainage structures, rock slope protection and bridge improvements. On these projects, B&R staff are experienced in providing all aspects of full construction management services, including, but not limited to, inspection of the contractor's work to ensure compliance with the contract requirements. In these projects, B&R also closely coordinated with Jim Cole to ensure the contractor constructed the new facilities in accordance with the construction staking, B&R staff have experience providing both full construction management services and land survey services that focus on the project and owner requirements. Depending on the size and complexity of projects, our flexibility allows our firm to staff projects either full-time or part-time. The following is a brief description of services we have provided to our clients:

Request for Proposal — Page 22

EXHIBIT "B"

COMPENSATION
Compensation for the Services shall not exceed $75,000 ("Not to Exceed Amount")

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EXHIBIT "C"

INSURANCE
(A) INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the Term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees.

Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:

1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.

2. MINIMUM LIMITS OF INSURANCE.

GENERAL LIABILITY INSURANCE. 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.

AUTOMOBILE LIABILITY INSURANCE. 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.

PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. 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.

WORKERS' COMPENSATION INSURANCE. 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.

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) OTHER PROVISIONS. The insurance policies are to contain, or be endorsed to contain, the following provisions:

The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage
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.

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

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.

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.

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.

Verification of Coverage
Consultant shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
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.

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.

ATTACHMENT 2

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF YUCAIPA

A CALIFORNIA MUNICIPAL CORPORATION

RMD SURVEYING CORPORATION

A CALIFORNIA CORPORATION
Form Approved 2/17/2023
00091740.2

PROFESSIONAL SERVICES AGREEMENT

FOR PROVIDING PROFESSIONAL ENGINEERING & LAND SURVEY SERVICES

BETWEEN THE CITY OF YUCAIPA AND RMD SURVEYING CORPORATION THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into this 241 day of July 2023 ("Effective Date"), by and between the CITY OF YUCAIPA ("City"), a California municipal corporation and RMD Surveying Corporation, a California Corporation ("Consultant"). For the purposes of this Agreement, City and Consultant are sometimes hereinafter referred to as "Party" and hereinafter collectively referred to as the "Parties."

RECITALS

2. Consultant was selected by City to perform those services.

3. Consultant was selected by City on the basis of Consultant's demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.

4. City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.

SECTION 1. TERM OF AGREEMENT
(a) Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Tern of this Agreement is June 30, 2024, commencing on Effective Date, unless otherwise extended by written agreement of the Parties.
(b) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month -to -month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 "Compensation." 00091740.2 Page I 1

SECTION 4. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit `B" "Compensation" and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $50,000 ("Not to Exceed Amount"), unless additional compensation is approved in writing in accordance with Section 25 "Administration and Implementation" or Section 27 "Amendment" of this Agreement. If additional compensation is needed, City Council approval is needed pursuant to Yucaipa Municipal Code Section 2.24.012. (b) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager's authority without approval by the City Council. (b) Consultant shall submit within 30 days of the end of each month a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City. In order to receive payment, Consultant shall submit to City an itemized invoice, on a monthly basis, for services performed pursuant to this Agreement. Each itemized invoice shall identify at the top of the first page, the Not to Exceed Amount (as set by Section 4(a) above), the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice. The invoice shall detail charges by the following categories: labor (by sub -category), travel, Materials, equipment, supplies, and sub consultant contracts. Sub consultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 4(a) and Exhibit `B" include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and undisputed invoice. (d) The Parties estimate that performance of this Agreement will be accomplished without an increase in the Not to Exceed Amount. Consultant shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement.

constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 17 "Indemnification" and Section 18 "Insurance."
SECTION 7. OWNERSHIP OF DOCUMENTS
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall tum over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

SECTION 8. INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT
For no additional compensation, Consultant hereby assigns to City all of Consultant's rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or sub consultants, includ ng copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver, and shall cause its employees, agents, and sub consultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials includes all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant's Services under this Agreement.
00091740.2 Page 14

SECTION 9. CONSULTANT'S BOOKS AND RECORDS
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant's performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant's address indicated for receipt of notices, "Section 23," of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant's business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.

or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care, workers' compensation, disability, or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights.

SECTION 11. STANDARD OF PERFORMANCE
Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant's profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit "A" "Scope of Services" that shall also be applicable to Consultant's work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.

SECTION 14. NONDISCRIMINATION
Consultant and subconsultants shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision -making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder. The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)-(f), are incorporated into this Agreement by reference and made apart hereof asset for in full. Consultant shall include the non- discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

SECTION 15. CONFLICTS OF INTEREST
(a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non -related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Consultant will, perform non -related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 16. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION 00091740.2 Page 17

(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents or sub consultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or sub consultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub consultants 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. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section.

These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.

SECTION 19. ASSIGNMENT
The expertise and experience of Consultant are material considerations for this Agreement.

subcontractor for purposes of establishing a duty of care between any sub consultant or subcontractor and the City.

Consultant shall notify City of any changes in Consultant's staff and subcontractors/sub consultants, if any, assigned to perform the Services prior to and during any such performance.

SECTION 21. TERMINATION OF AGREEMENT
(a) City may terminate this Agreement in its sole and absolute discretion, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant's possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 5 "Method of Payment and Invoicing" of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5 "Method of Payment and Invoicing" of this Agreement. (e) Upon written notice, City may suspend all or any portion of Consultant's performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the tenns and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. NOTICES.

To City: City of Yucaipa
Attn: City Manager
34272 Yucaipa Blvd.

Yucaipa, CA 92399
To Consultant: RMD Surveying Corporation
Attn: Ralph Dominguez, P.L.S.
11854 Cedarbrook Place
Rancho Cucamonga, CA 91730
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 24. AUTHORITY TO EXECUTE.

SECTION 25. ADMINISTRATION AND IMPLEMENTATION.

SECTION 26. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
00091740.2 Page 111

SECTION 27. AMENDMENT.

SECTION 28. WAIVER.

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

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 29. LAW TO GOVERN; VENUE.

SECTION 30. ATTORNEY'S FEES, COSTS AND EXPENSES.

SECTION 31. ENTIRE AGREEMENT.

SECTION 32. SEVERABILITY.
00091740.2 Page 112

SECTION 33. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:

1. All exhibits and addendums

2. All amendments

3. Consultant's proposal, if any

4. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement ("Funding Restrictions")
(b) The documents listed above shall be referred to collectively as the "Agreement Documents." The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, exhibits and addendums, and Consultant's proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.

SECTION 34. TIME OF THE ESSENCE.

Time is of the essence for each and every provision of this Agreement. 00091740.2 Page 1 13

PROFESSIONAL SERVICES AGREEMENT

FOR PROVIDING PROFESSIONAL ENGINEERING & LAND SURVEY SERVICES

BETWEEN THE CITY OF YUCAIPA AND RMD SURVEYING CORPORATION IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first -above written.

CITY OF YUCAIPA
Chris Mann
City Manager
ATTEST:

CITY CLERK
APPROVED AS TO FORM:

CITY ATTORNEY

CONSULTANT
Its:
000917402
Signature Page

EXHIBIT "A"

SCOPE OF SERVICES
00091740.2
Exhibit A — Scope of Services
Pagel

RM D+

SURVEYING
June 13, 2023
Mr. Fermin Preciado, P.E.,
Director of Development Services/City Engineer
City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, CA 92399
Re: Statement of Qualifications for Professional Surveying Services Fiscal years 2023/2024
Mr. Preciado,
RMD Surveying Corporation is pleased to submit this Statement of Qualifications for the above listed services.

RMD Surveying Corporation (RMD) was registered as a Corporation by the State of California on April 09, 2009. Ralph M. Dominguez, P.L.S., the President and majority owner of the corporation, obtained California Land Surveyor Licensure in 1984. He has supervised the scheduling and productivity of numerous survey crews and office support staff on residential, commercial, industrial and public works projects throughout Southern California.

RMD is based in the City of Rancho Cucamonga.

Equipment:

RMD utilizes a one-man or two -man survey crew with a fully equipped four-wheel drive vehicle connected to the world with the latest in digital communication. RMD uses state-of- the-art, reflector -less, robotic surveying instruments and digital data collectors for conventional design or boundary survey data collection as well as for construction staking.

RMD has become fluent in collecting existing condition data for design survey projects using the Field -to -Finish component of our data collection software that automates the actual drawing of the linework, symbols and the registration of the three dimensional data that comprises a typical project, including the Digital Terrain Model (DTM) and contours.

Our GPS equipment is able to utilize the California Real Time Network (CRTN) for location data based upon the array of permanent CORS sites operated by the Scripps Orbit and Permanent Array Center in San Diego, California. There is such a CORS site located at Crafton Hills College, CRFP, which is conveniently located for these purposes.

RMD has the capability to utilize its own base station for obtaining GNSS (Global navigation satellite system) data for conditions where being able to observe additional satellite ! l i 5.4 11. c"larbIook, ;3lf1ea_ 0 Et:111cho CA 9 1 ( ;3s C)09') _I 1 .-Go:-1-ti

constellations besides the United States GPS satellites would mean shorter observation times and increased accuracy such as under tree canopy or amongst buildings or structures that might obstruct the GPS constellation.

RMD also utilizes industry standard Computer Aided Drafting software that provides seamless integration with our digital survey instruments and allows for seamless two-way data transfer with our clients.

Staffing:

Ralph M. Dominguez
Ralph M. Dominguez will be the responsible representative and primary contact with the City of Yucaipa for this project. Mr. Dominguez has more than 52 years in the Land Surveying industry and has directed projects from conception to final approval for numerous residential, commercial, industrial and public works projects in Southern California, during that time. Mr.

Dominguez has directed surveys in boundary and right-of-way establishment and retracement, aerial control, deformation studies, design topography, ALTA surveys and construction staking, utilizing both conventional, robotic and GPS surveying equipment, as required by the task. A top priority of Mr. Dominguez has been to ensure adherence to accepted standards of care while maximizing project success and profitability for every client.

Recent Employment History for Ralph M. Dominguez:

Apr. '09-Present President, RMD Surveying Corp., Rancho Cucamonga — Manages all field survey and mapping operations. Provides CAD services, performs all office calculations and prepares all Right -of -Way acquisition and mapping documents.

Jun. '08-Apr. '09 Birge Engineering, Inc./Arroyo Engineering Solutions, Inc., Upland Survey Manager. Managed all office and field survey, and mapping operations.

Oct. '97- Oct. '07 Hall & Foreman, Inc., Rancho Cucamonga — Survey Manager. Managed all office and field survey operations for multiple corporate offices. 1993 - 1997 Charles Abbott Assoc., Inc./Dwight French & Associates, Inc., Diamond Bar, CA - Survey Manager. Managed all office and field survey and mapping operations.

Project Understanding:

RMD has extensive experience working from improvement plans for all types of construction projects and is able to identify potential issues in those designs. Besides the experience level and familiarity with numerous construction projects, one of the main reasons for being able to identify potential issues is because of the process we follow in preparing staking plans for the requested staking. When issues are discovered, our first response will be to notify City staff of those issues in order to seek a resolution to the problems or to allow City staff to alert construction crews of a potential problem or to reschedule the requested work. RMD prides

itself in finding potential plan issues and does not proceed with requested staking knowing that improvements might be built incorrectly, even though the improvement plans in question are approved and that withholding such staking may cause unwanted delays.

RMD has extensive experience in interpreting staking requests to determine if what is being requested is what would be in the best interest of the City of Yucaipa. RMD understands the accepted standard sequence of most construction projects and will always suggest that requested staking be done using a more efficient sequence, eliminating potential lost stakes because adjacent construction might destroy those requested stakes. RMD will not be afraid to offer suggestions that might benefit the City of Yucaipa or save time and money on a project, that might have been overlooked or missed by the entity or individual that prepared the survey request.

Construction staking plans and cut sheets are prepared in advance, allowing staking to commence within a few minutes of arrival, minimizing delays and down time for construction crews. Our equipment allows for immediate adjustments to requested staking parameters at the site, eliminating the need to return to the office to recalculate offsets or grades when site conditions or contractor equipment changes warrant such a change.

RMD will deliver all design topographic drawings in AutoCAD compatible format with contours and a Digital Terrain Model (DTM), a point list of all collected data, field notes showing the date of the survey and the monuments and control points found and set during the survey, as appropriate. For construction staking projects, a copy of the cut sheets generated will be delivered within 24 hours of completion of the staking for distribution by the City of Yucaipa to the appropriate contractors and City inspectors.

RMD is very clear on what constitutes a proper design topographic survey. Not only will the minimum interval for requested cross-section work be adhered to, additional sections or shots will be collected when the conditions warrant such additional effort. Such conditions are, for example, sump conditions, broken or damaged pavement and curb that do not fall at one of the specified cross -sections, improperly constructed improvements immediately adjacent to the proposed improvements that might normally not be a concern. Additionally, improvements just beyond the limits of the proposed construction that will impact the design of new improvements such as large tree trunks and roots, underground utilities that are not visible within the project limits and undocumented improvements will be identified and collected for inclusion in the survey. In addition to pavement elevations, traffic striping and signage will be located and identified in each survey.

RMD will carefully identify and locate manhole and catch basin pipe invert elevations with effort given to identify direction of flow and any possible obstructions in addition to rim elevations and top of curb and curb flow lines. Electrical and water utilities will be located and identified in the survey with careful attention given to vault and transformer sizes and fire department equipment and appurtenances.

RMD will identify, locate and tie -out any existing centerline monuments and property corners that will be impacted by the proposed new construction. Corner records will be prepared and filed, where appropriate, with the County Surveyor in accordance with the current statute.

RMD has extensive experience preparing legal descriptions and plats for right-of-way acquisition projects and is very comfortable reviewing and utilizing Title Reports, obtaining record maps, deeds, corner records, State Right -of -Way maps, County Assessor's maps and centerline ties to determine property line or right-of-way locations. RMD is prepared to consult and coordinate with the appropriate governing agency in the performance of a survey in the support of right-of-way mapping or dealing with proposed land acquisition.

RMD is very familiar with using and adhering to City of Yucaipa, Caltrans, Public Works and San Bernardino County standards and specifications. All design topographic maps prepared by RMD will be prepared in accordance with the appropriate standards and all staking will adhere to, not only, standard industry methods but to the appropriate standards in effect at the time of the staking.

EXHIBIT "B"

COMPENSATION
Compensation for the Services shall not exceed $50,000 ("Not to Exceed Amount")

M AL Is
ELAN
IWD

SURVEYING
June 13, 2023
Mr. Fermin Preciado, P.E.,
City Engineer
City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, CA 92399
Re: Schedule of Rates for Request for Qualifications for Professional Surveying Services Fiscal years 2023/2024
Mr. Preciado,
Below are the hourly rates for those field and office hours that might be required, per California Department of Industrial Relations 2016 Determinations as defined in the RFQ, Regular Prevailing Wage
• Survey Crew, 2-Man $245.00 per hour $270.00 per hour
• Survey Crew, 1-Man $185.00 per hour $205.00 per hour
• In -office Calculations $100.00 per hour $100.00 per hour • CAD Drafting $100.00 per hour $100.00 per hour
Please, don't hesitate to contact me with questions or comments.

Sincerely,
RMD Surveying Corporation
Ralph Dominguez, P.L.S.

President
RMD Surveying Corporation • 11854 Cedarbrook Place • Rancho Cucamonga, CA 91730 • (909) 419-0645

EXHIBIT "C"

Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:

1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.

2. MINIMUM LIMITS OF INSURANCE.

PROFESSIONAL LI.ABILITY (ERRORS & OMISSIONS) INSURANCE. 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) OTHER PROVISIONS. The insurance policies are to contain, or be endorsed to contain, the following provisions:

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

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.

shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity.

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.

ATTACHMENT 3

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF YUCAIPA

A CALIFORNIA MUNICIPAL CORPORATION

HERNANDEZ, KROONE, & ASSOCIATES

A CALIFORNIA CORPORATION
CIT�OF,._..

Form Approved 2/17/2023
00091740.2

PROFESSIONAL SERVICES AGREEMENT

FOR PROVIDING PROFESSIONAL ENGINEERING & LAND SURVEY SERVICES BETWEEN THE CITY OF YUCAIPA AND HERNANDEz, KRooNE, & ASSOCIATES THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into this 241h day of July 2023 ("Effective Date"), by and between the CITY OF YUCAIPA ("City"), a California municipal corporation and Hernandez, Kroone, & Associates, a California Corporation ("Consultant"). For the purposes of this Agreement, City and Consultant are sometimes hereinafter referred to as "Party" and hereinafter collectively referred to as the "Parties."

RECITALS

2. Consultant was selected by City to perform those services.

3. Consultant was selected by City on the basis of Consultant's demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.

4. City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.

SECTION 4. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit `B" "Compensation" and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $50,000 ("Not to Exceed Amount"), unless additional compensation is approved in writing in accordance with Section 25 "Administration and Implementation" or Section 27 "Amendment" of this Agreement. If additional compensation is needed, City Council approval is needed pursuant to Yucaipa Municipal Code Section 2.24.012. (b) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

SECTION 5. METHOD OF PAYMENT AND INVOICING
(a) Payment shall be made in accordance withCity's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 23, "Notices" hereof. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager's authority without approval by the City Council. 00091740.2 Page 12

(b) Consultant shall submit within 30 days of the end of each month a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City. In order to receive payment, Consultant shall submit to City an itemized invoice, on a monthly basis, for services performed pursuant to this Agreement. Each itemized invoice shall identify at the top of the first page, the Not to Exceed Amount (as set by Section 4(a) above), the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice forwhich reimbursement is sought in the statement invoice. The invoice shall detail charges by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub consultant contracts. Sub consultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 4(a) and Exhibit "B" include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and undisputed invoice. (d) The Parties estimate that performance of this Agreement will be accomplished without an increase in the Not to Exceed Amount. Consultant shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement.

SECTION 11. STANDARD OF PERFORMANCE
00091740.2 Page 15

physical), or military or veteran status in connection with or related to the performance of this Agreement. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder. The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)-(f), are incorporated into this Agreement by reference and made a part hereof as set for in full. Consultant shall include the non- discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section.

assigns or heirs of Consultant and shall survive the terrnunation of this Agreement and this section.

These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.

SECTION 19. ASSIGNMENT
The expertise and experience of Consultant are material considerations for this Agreement.

Consultant shall notify City of any changes in Consultant's staff and subcontractors/sub consultants, if any, assigned to perform the Services prior to and during any such performance.

(b) Consultant may terminate this Agreement for cause at any tune upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant's possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 5 "Method of Payment and Invoicing" of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5 "Method of Payment and Invoicing" of this Agreement. (e) Upon written notice, City may suspend all or any portion of Consultant's performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in waiting by the Parties.

SECTION 23. NOTICES.

To City:

City of Yucaipa
Attn: City Manager
34272 Yucaipa Blvd.

Yucaipa, CA 92399
00091740.2 Page 110

To Consultant: Hernandez, Kroone, & Associates
Attn: John S. Hernandez, P.E., PLS, QSD
234 E. Drake Drive
San Bernardino, CA 92408
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 24. AUTHORITY TO EXECUTE.

SECTION 25. ADNIINISTRATION AND IMPLEMENTATION.

SECTION 26. BINDING EFFECT.

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

SECTION 27. AMENDMENT.

SECTION 28. WAIVER.

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

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
00091740.2 Page 111

SECTION 29. LAW TO GOVERN; VENUE.

SECTION 30. ATTORNEY'S FEES, COSTS AND EXPENSES.

SECTION 31. ENTIRE AGREEMENT.

SECTION32. SEVERABILITY.

SECTION 33. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:

1. All exhibits and addendums

2. All amendments

3. Consultant's proposal, if any

SECTION 34. TIME OF TAE ESSENCE.

Time is of the essence for each and every provision of this Agreement. 00091740.2 Page 113

PROFESSIONAL SERVICES AGREEMENT

FOR PROVIDING PROFESSIONAL ENGINEERING & LAND SURVEY SERVICES

BETWEEN THE CITY OF YUCAIPA AND HERNANDEZ, KROONE, & ASSOCIATES IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first -above written.

CITY OF YUCAIPA
Chris Mann
City Manager
ATTEST:

CITY CLERK
APPROVED AS TO FORM:

CITY ATTORNEY

CONSULTANT

1.2 Its:
00091740.2
Signature Page

EXHIBIT "A"

SCOPE OF SERVICES
00091740.2
Exhibit A — Scope of Seivices
Page I 1

HKA was contracted by WCS Inc. to assist in documenting the existing condition of a subsurface utility water vault. The facilities inside the existing vault were planned to be upgraded to more efficient pumps. HKA's scope of work consisted of mapping the utilities leading into the vault and various connection points.

HKA used a Total Station Laser Scanner in conjunction with GPS Static observations to bring the project into California's State Plane Coordinate system. HKA also produced a 3D Point Cloud converted into a ReCap Pro Model which would prove to be the best data management tool for the internal vault engineering design.

Land Surveying Services HKA performed under this contract:
3D Laser Scanning
Primary Project Control
Topographic Surveying
Point Cloud Development
Establishment of Horizontal and Vertical
Control (GPS and Leveling)
-Utility Coordination and Mapping
During HKA's 35 years' experience providing on -call services to governmental agencies throughout California, HKA staff have completed tasks as simple preparing a plat for the initial discussion of right of way requirements to the completion of a 25 sheet Record of Survey.

WORK PLAN!
HKA's experience with on -call contracts has developed the following plan for completing the work.

The size and complexity of the task determines how much time and required at each step.

HKA understands that the City of Yucaipa (City) is soliciting Request for Proposals from interested and qualified firms to provide On -Call Land Surveyor Services for various capital improvement projects throughout the city limits. We understand that services will also include the reviewing and preparation of legal descriptions and plats related to lot -line adjustments, lot mergers, easements, etc.; providing design surveys and/or construction staking services, providing training to City staff related to surveying and mapping; setting or resetting survey monuments, centerline ties, property corners, etc.; attending and representing the City at various agency meetings, and other miscellaneous surveying and mapping services as requested.

HKA also understands that if selected as the City's Consultant Surveyor, HKA may be asked to provide any and all of the listed services in the RFQ/RFP. As a consultant to the City, HKA will provide all of the services required by the assigned task order and shall endeavor to maintain a working relationship with the City that results in a beneficial end product.

Page 8 of 15 ends

Task Order- As a consultant to the City of Yucaipa, HKA will initiate a survey project immediately upon receipt of a task order from the City. HKA will review the requirements of the assigned task and prepare a project approach that includes staffing and resource allocation. A identify schedule will be developed to project P fY a
timeline to process the work and deadlines that must be met. HKA has built a reputation for delivering our products within a project's deadline and providing a complete and comprehensive product. r,<...•.

The management of our team and the management of any project have many overlapping details that need to be thoroughly identified, planned for, and addressed. Almost everything is tied to the very crucial initial step of understanding the project. The City will issue a contract with the scope of work. HKA will review the scope of work, identify a budget for the work, establish a project schedule, and coordinate HKA's staff and sub -consultant. This is best accomplished by conducting project meetings, conducting a field review of the project site(s), and reviewing record files in order to develop a clear understanding of each project. HKA's role will be to review the scope of work as to completeness of all details, to prepare a resource list, project schedule, and budget for the project. The resource list will identify personnel being assigned specific duties as well as non -labor resources.

Research - Every surveying task begins with researching available records and data to establish rsw;r project control, discovery of easements, title, deeds, and restrictions; and collecting all available as -built record plans, parcel maps, records of surveys, benchmarks, horizontal and vertical data, and other pertinent survey information.

HKA will contact the County Surveyor's Office to obtain all record information.

Any preliminary calculations will be prepared prior to dispatching the survey crew to the field.

For any task order involving legal descriptions and plats, all of the research survey data and maps will be evaluated for accuracy, consistency, and cross referenced prior to preparing any legal descriptions or plats.

Staffing and Resource Allocation - Once all of the preliminary research, record checking, and calculations have been completed, HKA's Project Manager will prepare a staffing and resource allocation plan and a preliminary work schedule. This approach allows HKA to develop a cost- effective budget, a timeline that meets the needs of the City, and provides the best available survey crew that is properly equipped to complete the task order issued. If aerial mapping is required, HKA will coordinate with the City's aerial mapping vendor and layout target locations and establish project control. If potholing is also required, HKA will coordinate with the City's potholing vendor.

Survey: Design Survey, Construction Staking, and Setting Survey Control Points - Prior to dispatching its survey, HKA will conduct a constructability review of the plans and survey data for the purpose of verifying accuracy and completeness, and identify any discrepancies. HKA will check the conformity of planned lines and grades with existing conditions.

Page 9 of 15 ends

HKA will dispatch its survey crew to conduct the required field survey work.:

All of the appropriate survey equipment will be allocated and assigned to the survey crew including traffic control devices. For design survey task orders this may include, but is not limited to, establishing project control, establishing boundary control, locating and verifying benchmarks, traverses etc. For construction staking task orders, HKA survey crews can provide all -' required staking required to construct a project per plan. Staking may include, but is not limited to, centerline staking, slope staking, foundation staking, layout line staking, establishing project control, cross section staking, utility staking, etc. For survey to set control points, surveying may include, but is not limited to, resetting survey monument, centerline ties, property corners, etc.

HKA will maintain in contact with the City to inform of pertinent construction staking issues and advise of all discovered design issues regarding lines and grades. HKA will inform the City of Yucaipa of situations that would affect a construction site survey operation and of all project safety issues.

HKA survey crews will maintain complete daily Survey Party Reports and Field Notes.

Legal Descriptions and Plats - HKA has worked on legal descriptions and plats for local governmental agencies for the transfer of property from the public sector to the private sector, for right of way relinquishment and acquisition, and for lot line adjustments and lot mergers for private site development. The process involves researching and obtain copies of all available survey maps, legal descriptions, plats, records of surveys, subdivision plats, etc. to compare boundaries for accuracy, discrepancies, and errors. This information will be used to generate and prepare any legal description and plat required for the transfer of, acquisition or relinquishment of property for recordation purposes.

Project Management - One of HKA's greatest strengths is identifying the work to be performed, identifying the best skilled person to perform that work, implementing a quality control program, and making timely delivery within budget. Our management philosophy is to provide our clients with experienced and licensed project managers, engineers, surveyors, inspectors, landscape architects, and storm water experts who have a track record of performing on similar projects with other cities, counties, and agencies. Our management team and staff will work closely with the City to provide flexible, responsive, and efficient staffing to meet all project goals and act as an extension of the City's staff.

Quality Control ! Assurance - Quality control is essential on all projects. Key elements of Quality Control include education and experience of key staff in construction standards and manuals, city standards, project plans and specifications and construction activities.

Our Project Manager reviews project scopes, criteria, contractual requirements, correspondence, meeting notes and City's comments so that each project is delivered as an accurate and timely product. HKA has an established Quality Control Plan which provides for:
➢ Constructability Review ➢ Interdisciplinary Reviews
Y Construction Management Plan Subconsultant Reviews

Page 10 of 15 ends

➢ Independent and Redundancy Checks ➢ Checking, Re -Checking, and ➢ Project Schedule, Budget, and Products to Improvements be Delivered ➢ Review
Safety - It is HKA's policy to provide its employees a practical working knowledge of and demand adherence to safety and health policies, procedures, OSHA regulations, MUTCD standards, laws regarding business operations, and provide services in the safest possible manner. HKA's staff is trained to be on the alert for unsafe conditions on or off project sites. The staff is trained to report these conditions immediately to the City's representative. In addition, our staff is trained in the proper use of safety equipment and the proper procedures while surveying or site reviews near live traffic.

They are also trained to identify conditions warranting the use of temporary Traffic Control Systems.

Training and Miscellaneous Services - HKA has experienced professionals capable of providing training seminars for City staff when requested. Presentations will utilize Power Point software, various public works manuals, how-to training, and hands-on training with survey equipment. HKA can also conduct field training exercises with selected survey equipment and arrange for manufacturer representatives to present their survey products for review by City staff.

HKA offers the versatility of providing a wide variety of services related to surveying and engineering.

City Representation - As a professional civil and right of way engineering and surveying firm, HKA has the experience and knowledge to represent the City and attend any agency meeting to provide support and expertise regarding surveying issues, division of land, legal descriptions, right of way engineering and issues, etc. when requested.

Key Personnel and Staffing - HKA understands the importance of placing the right people on the right project to assure quality performance so that all projects are constructed according to the appropriate design plans and specifications and remain on schedule and within budget. Our management philosophy is to provide our clients with experienced and licensed project managers, engineers, surveyors, inspectors, landscape architects, and storm water experts who have a track record of performing on similar projects with other cities, counties, and agencies. Our management team and staff will work closely with the clients to provide flexible, responsive, and efficient staffing to meet all project goals and act as an extension of the client's staff.

WORK REPORTING MECHANISMS

COMMUNICATION
Between HKA and City - HKA will ask for the City's input on the communication process, but what has worked well in the past is for the Project Manager, John S. Hernandez, to handle all communication with the Client, in this case the City of Yucaipa. He will be the "face" and "voice" of the HKA team.

Page 11 of 15 ends

He will be on all calls and at all meetings and bring other personnel, as needed, to answer the questions or discuss alternatives and select solutions. He will make all presentations to the City staff, Council and public. He will place all calls and review all emails to the City.

This one point of contact ensures that the team member with the best experience is used to address any issue the City submits to HKA. This leads to the best, most cost-effective solutions.

Project Status - A status matrix is a tool that HKA has used with other on -call contracts to track longer term projects with several stakeholders. Should HKA team be assigned several (over 5) long term projects, a weekly matrix will be sent to the City's contact person, listing each project, last communication from the City or other stakeholder, project status. If the status is "on -hold" the reason for the hold will be listed. The person, firm or department that is currently working on each task ("whose court the ball is in") will be listed. This helps HKA and the City make sure all projects are getting adequate attention and support.

Communication outside of the City— While the HKA staff strive for open communication with City Staff, they refrain from talking to others without approval from the City and without the City's staff being present. HKA and City Staff should come to an agreement about what is to be conveyed before meeting with anyone outside of the City staff. HKA does not speak for the City.

PICKUP AND DELIVERY CHOICES
HKA proposes that items for HKA review be emailed or sent via Bluebeam to John Hernandez.

HKA's comments or deliverables will be returned in a similar fashion. Final maps, plats or other documents needing to be on mylars or to have original signatures will be delivered by USPS, FedEx or delivered by hand by HKA staff.

If electronic transport is not appropriate for some items, HKA will provide staff to pick up and deliver items.

SOURCE OF SERVICES PROVIDED
Services will be provided in-house by HKA staff at their headquarters in San Bernardino.

Vendors: If aerial mapping, potholing, or extensive traffic control is required, HKA will use the City's preferred vendors. If the City does not have preferred vendors, HKA will obtain bids from at least three (3) vendors that provide these services for the City's review and selection.

TECHNICAL CAPABILITIES
One of the easiest ways to demonstrate HKA's technical capabilities is a listing of experience by individuals above and summaries of past projects.

Experience and Availability of HKA Staff
Type of Service JSH RRH JAF ` SM GL JAH ES CA JO
➢ Contract Management
➢ Communication with Client and
staff

Page 12 of 15 ends

X
X
X
X
X
X
X
X
X
X
X X

Type of Service
JSH
RRH
JAF
SM
GL
. JAH
ES
CA
JO
➢
Managing On -Call Contracts
X
X
X
➢
Working on On -Call Contracts
X
X
X
X
X
X
X
X
X
Prepare, Complete or Review of:
➢
ALTA/NSPS surveys
X
X
X
X
X
X
X
X
X
➢
As -Built Surveys
X
X
X
X
➢
Boundary Surveys
X
X
X
X
X
X
X
X
X
➢
Construction Staking /Survey
X
X
X
X
➢
Final Mapping
X
X
X
X
X
X
X
X
➢
Flood Elevation Certificate
X
X
X
X
➢
GPS Survey
X
X
X
X
X!
X
X
X
X
➢
Grant Deeds
X
X
X
i X
X
➢
Legal Descriptions
X
X
X
X
X
X
X
X
X
➢
Leveling Surveys
X
X
X
X
X
➢
Location Surveys
X
X
X
X
X
X
X
X
➢
Lot Line Adjustments / Mergers
X
X
X
X
X
X
X
X
X
➢
Parcel and Tract Maps
X
X
X
X
X
X
X
X
X
➢
Pothole of Existing Utilities
X
X
X
X
➢
Research Existing Records
X
X
X
X
X
X
X
X
X
➢
Research Existing Utilities
X
X
X
X
X
X
X
X
X
(Base Maps)
➢
Processing with County
X
X
X
X
X
X
X
X
Recorder
➢
Record of Survey Mapping
X
X
X
X
➢
Corner Records
X
X
X
X
X
X
X
X
X
➢
Right of Way / Appraisal
X
X
X
X
X
X
X
X
X
Mapping
➢
Topographic Design Surveys
X
X
X
X
X
X
X
X
➢
Monitor Regulation and
X
X
X
X
Technology.
➢
Recommend Policy and
X
X
X
X
Procedural Changes
➢
Street/design cross section
X
X
X
X
X
X
X
X

Page 13 of 15 ends

Type of Service
JSH

RRH JAF
SM
GL
JAH
ES
CA
! JO `
➢ Manhole, storm drain, and
X
X
X
X
X
X
X
X
catch basin invert elevation
➢ Street centerline mon. survey;
X
X
X
X
X
X
X
X
centerline ties
Availability
60%
40% 50%
50%
50%
75%
50%
; 50%
' 50%
LEGEND
JSH - John S. Hemandez, PE, PLS, QS+J"
RRH --- Richard R. Hemande?, PE, PLS,
QSD
JAF - Joel A. Flasschoeo, PE
SM - Steven Mascaro, EIT
GL - Gary Lewis, PLS

Page 14 of 15 ends

ES --. Evan Spracklen, E1T
CA - Christian Alan.illo
JO - Justin Orton
JAH - Jonathan A. Hernandez, EIT, LSIT

Project Team Organizational Chart
Hernandez, Kroone & Associates, Inc.

RFQ/P for Providing Professional Engineering & Land Survey Services Hernandez, Kroone & Assaciates
Engineers & Land Surveyor
CIT�OF
John Hernandez, PE, PLS, QSD
Field & Office Surveyirr&
Gary Lewis, PLS Jonathan Hernandez, EIT, LSIT
Joel Flosschoen, PE Steven Mascaro, EIT
Evan Spracklen, EIT
Yodira Lopez
Christian Alamillo
Justin Orton
Legend
i
City of Yucaipa
i x
J Hernandez, Kroone &1
j Associates, Inc, W_
Acronyms
EIT
Engineer In Training
LSIT
Land Surveyor In Training
PE
Professional Civil Engineer
PLS
Professional Land Surveyor
QSD
Qualified SWPPP
Developer

EXHIBIT "B"

COMPENSATION
Compensation for the Services shall not exceed $50,000 ("Not to Exceed Amount")

Hernandez, Kroone & Associates
2023 & 2024 Fee Schedule
2023 Hourly
2024 Hourly
OFFICE
Billing Rates
Billing Rates
Principal Engineer 11
$295.00
$310.00
Principal Engineer 1
$285.00
$299.00
Project Manager
$282.00
$296.00
Assistant Project Manager
$250.00
$263.00
Civil Engineer Associate IV
$194.00
$204.00
Civil Engineer Associate III
$173.00
$182.00
Civil Engineer Associate II
$150.00
$158.00
Civil Engineer Associate 1
$131.00
$138.00
Civil Engineer Assistant IV
$157.00
$165.00
Civil Engineer Assistant III
$142.00
$149.00
Civil Engineer Assistant II
$132.00
$139.00
Civil Engineer Assistant 1
$121.00
$127.00
Senior Land Surveyor
$236.00
$248.00
Associate Land Surveyor/ Eng IV
$194.00
$204.00
Associate Land Surveyor/ Eng III
$173.00
$182.00
Associate Land Surveyor/ Eng II
$150.00
$158.00
Associate Land Surveyor/ Eng 1
$131.00
$138.00
Land Surveyor Assistant IV
$157.00
$165.00
Land Surveyor Assistant III
$142.00
$149.00
Land Surveyor Assistant II
$132.00
$139.00
Land Surveyor Assistant 1
$121.00
$127.00
Engineering Technician IV
$194.00
$204.00
Engineering Technician III
$173.00
$182.00
Engineering Technician 11
$150.00
$158.00
Engineering Technician 1
$131.00
$138.00
Land Surveyor IV
$157.00
$165.00
Land Surveyor III
$142.00
$149.00
Land Surveyor II
$132.00
$139.00
Land Surveyor 1
$121.00
$127.00
Engineering Technician IV
$111.00
$117.00
Survey Student Intern
$79.00
$83.00
FIELD
1 Man Survey Crew - Non Prevailing Wage
$200.00
$210.00
2 Man Survey Crew - Non Prevailing Wage
$380.00
$399.00
1 Man Survey Crew - Prevailing Wage
$220.00
$231.00
2 Man Survey Crew - Prevailing Wage
$400.00
$420.00
Construction Inspector - Prevailing Wage
$165.00
$173.00
Administration III
$118.00
$124.00
Administration II
$110.00
$116.00
Administration 1
$103.00
$108.00

OTHER DIRECT COSTS
Mileage (personal vehicle) per mile
IRS Rate
IRS Rate
Mileage (survey truck) per mile
IRS Rate
IRS Rate
Subconsultant
@ cost
@ cost
Project Expenses
@ cost
@ cost
Survey Supplies (wood, lathe, paint, brass markers, etc.) @ cost
@ cost
Notes
1) All direct project expenses are passed through without mark up to Client. 2) The above fees are for straight time only. Overtime billing is at a higher rate. Overtime will only be worked per Client's written direction.
3) The prevailing wage rates are estimated and will be finalized at time of contract negotiations.

EXHIBIT "C"

Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:

1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.

2. MINIMUM LIMITS OF INSURANCE.

AUTOMOBILE LIABILITY INSURANCE. 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 4 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

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

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.

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 ANN, unless otherwise acceptable to the Entity.

Yucaipa City CouncilJuly 24, 2023

Yucaipa City Council
July 24, 2023