Yucaipa City Council
May 12, 2025

AGENDA REPORT
DATE: May 12, 2025
Item No. 12
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer:�t Landon Kern, Assistant City Engineer I-K
Crystal Campbell, Associate Engineer Ul Fb 0- C L
SUBJECT: Award of Contract -Engineering Design Services for the Low Water Crossing Replacement Project - Live Oak Canyon Road at Wildwood Creek RECOMMENDATION:

That the City Council:
1) Award and authorize the Interim City Manager to execute a contract, and the Interim City Manager or her designee administer the terms of the contract with J. Smith & T.

Muli Inc. of Irvine, CA in the amount of $605,905 for the Engineering Design Services for the Low Water Crossing Replacement Project - Live Oak Canyon Road at Wildwood Creek; and
2) Approve the amount of $30,000 for contract contingency and the amount of $25,000, for staff time, contract administration and project coordination for a total engineering design budget in the amount of $660,905 for the Project; and
3) Authorize the Interim City Manager or her designee to administer the distribution of the contract contingency.

BACKGROUND/DISCUSSION:

In March of 2012, the City applied for Federal Highway Bridge Program (HBP) funding through Caltrans to design and construct the low water crossing replacement project at Live Oak Canyon Road and Wildwood Creek (Project). The Project includes improving the Live Oak Canyon Road crossing over Wildwood Creek by providing an all-weather access bridge crossing. Currently, the channel culvert crossing is undersized and the existing "dip" in the road provides the additional storm flow capacity for Wildwood Creek over Live Oak Canyon Road. During significant storm events, stormwater in Wildwood Creek flows over the "dip" crossing and the street is closed to through traffic.

By constructing this Project, Live Oak Canyon Road can remain open at all times similar to the recent low water crossing replacement projects constructed on Fremont Street, 6th Place, 13th Street, and Avenue D. This Project also significantly improves access to Live Oak Canyon and the southerly portion of the City. In addition, this Project provides benefits to the Freeway Corridor Specific Plan

area by providing drainage and vehicular/pedestrian access and circulation improvements to facilitate economic development in this area.

In 2015, City staff received documentation from Caltrans indicating that the application submitted for the Project met the eligibility criteria for receiving federal funds through the HBP Program. Also, $132,795 of federal HBP funding was allocated for the initial phase of preliminary engineering to further define the scope of work required for the Project and to determine, which components of the Project would be eligible for federal funding. In 2021, the City Council authorized the Mayor to execute a contract with Dudek of La Quinta, Ca. to initiate the preliminary engineering phase of the design and environmental services. This contract work has been completed, resulting in 30% plans and preliminary engineering for the Project. In August 2023, the City received an additional $540,033 in Federal HBP funds from Caltrans to continue progress on the environmental review and preliminary engineering for the Project.

On February 10 2025, a Request for Qualifications and Proposals (RFQ/RFP) for Engineering Design and Environmental Services was publicly advertised, and on March 4th, one (1) firm submitted a proposal to the City in response to that request:

Name of Firm
Office Location
Proposal Amount
J. Smith & T. Muli, Inc.

Irvine, Ca.
$605,905
An evaluation panel comprised of staff members from the City's Engineering division reviewed and evaluated the qualifications and proposal submitted in accordance with the City's Purchasing Policy and Procedures. This qualifications -based procedure also followed the federal guidelines in accordance with the Caltrans HBP procedures and requirements. The panel determined that J. Smith & T. Muli, Inc. is qualified to provide the requested services for the Project. This determination was based on their qualifications, experience, and project specific conceptual design considerations as described in their proposal. The J. Smith & T. Muli Inc. proposal also included information on a staged bridge construction to accommodate traffic on Live Oak Canyon Road during construction, and the proposal outlined in detail the scope of work required to complete the preliminary engineering phase of the Project. J. Smith & T. Muli Inc. has completed similar engineering design and environmental review work for the City and their work was deemed satisfactory.

The proposed contract will continue and advance the preliminary engineering and design phase from 30% to approximately 60%, focusing on the completion of the necessary environmental permitting and processing required to complete this phase of the Project. Upon completion of the preliminary design phase, a revised scope of work and associated construction cost estimate will provide basis for moving forward into the right of way and construction phases of the Project.

The scope of services that would be covered in this contract include topographic survey, geotechnical investigations, utility coordination, hydrology and hydraulic analysis, environmental technical studies and assessments, environmental review for NEPA/CEQA, preparation of 60% roadway, bridge, and storm drain plans. The proposed scope of work also includes engineering support and an updated construction cost estimate as required to facilitate the coordination effort associated with Caltrans' Highway Bridge Program grant funding requirements and associated federal funding for the project.

The proposed engineering design budget for the proposed scope of work for the Project in the amount of $660,905 is included in the adopted FY25 Capital Improvement Program Budget. It is important to note that the level of HBP funds can be adjusted to reflect the actual costs to design and construct the Project. Once the preliminary engineering work identified in this proposed contract is completed, staff will return to Council with a recommendation to proceed with the final phase engineering and environmental review effort (60% to 100%) required for the Project. Staff is currently coordinating with Caltrans to program the appropriate levels of estimated, future HBP funding that will be required to complete the environmental review and preliminary engineering phase of the Project.

FISCAL IMPACT:

The recommendations result in a fiscal impact of $660,905 in the low water crossings fund. This procurement will be funded by the remaining $540,000 in HBP Funding, with drainage DIF and PMP funding the difference.

Attachment(s):

1. Professional Services Agreement
Approved by: C[

ATTACHMENT 1

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF YUCAIPA

A CALIFORNIA MUNICIPAL CORPORATION
AND
J. SMITH & T. MULI, INC.

A CALIFORNIA S-CORPORATION

CITY OF
e+e _
Form Approved

PROFESSIONAL SERVICES AGREEMENT

FOR PROVIDING DESIGN AND ENVIRONMENTAL TECHNICAL SERVICES FOR

DESIGN AND ENVIRONMENTAL PERMITTING AND PROCESSING FOR LOW

WATER CROSSING REPLACEMENT PROJECT AT LIVE OAK CANYON ROAD AT WILDWOOD CREEK (FEDERAL PROJECT NUMBER BR-NBIL (534)) TO THE CITY OF YUCAIPA BETWEEN THE CITY OF YUCAIPA AND J. SMITH & T. MULI, INC.

THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into this 121h day of May 2025 ("Effective Date"), by and between the CITY OF YUCAIPA ("City"), a California municipal corporation and J. Smith & T. Muli, Inc., a California S-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 design and environmental technical services for design and environmental permitting and processing for a public project as 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 into 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 through June 30, 2027, commencing on Effective Date, unless otherwise extended by written agreement of the Parties. (b) The City reserves the right to extend this contract for one additional two-year period, under the same terms and conditions as the original contract, upon ninety (90) days prior notice in

writing of its intention to exercise this option.
(c) 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." (d) 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 $605,905 ("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.
(b) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
(c) If this Agreement is extended pursuant to Section 1 "Term of Agreement," the City shall pay the same rates specified in Exhibit `B" "Compensation."

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. (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
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 turn 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.

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.

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 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.

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.

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 (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). 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 (Cal.

Code of Regs, tit. 2, § 7285.0, et seq.). 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 (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.

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, 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.

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 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 Parry 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 Boulevard
Yucaipa, CA 92399
To Consultant: J. Smith & T. Muli, Inc.

Attn: Tim Muli, Principal
2955 Main Street, Suite 200-B
Irvine, CA 92614
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 Parry 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.

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

District Court, venue shall lie exclusively in the Central District of California, in San Bernardino.

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

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.

SECTION 35. FEDERAL PROVISIONS.

When funding for the Services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit "M (Federal Requirements) attached hereto and incorporated herein by reference ("Federal Requirements"). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.

PROFESSIONAL SERVICES AGREEMENT

FOR PROVIDING DESIGN AND ENVIRONMENTAL TECHNICAL SERVICES FOR

DESIGN AND ENVIRONMENTAL PERMITTING AND PROCESSING FOR LOW

WATER CROSSING REPLACEMENT PROJECT AT LIVE OAK CANYON ROAD AT WILDWOOD CREEK (FEDERAL PROJECT NUMBER BR-NBIL (534)) TO THE CITY OF YUCAIPA BETWEEN THE CITY OF YUCAIPA AND J. SMITH & T. MULI, INC.

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

ATTEST:

CITY CLERK
APPROVED AS TO FORM:

CITY ATTORNEY

CITY OF YUCAIPA
Jennifer Crawford
Interim City Manager

CONSULTANT
L6.3
Its:

EXHIBIT "A"

SCOPE OF SERVICES

PROPOSAL:

Low Water Crossing Replacement Project at Live Oak Canyon Road and Wildwood Creek - Phase 1
Federal Project No: BR-NBIL (534)
J. SMITH & T. MULI, INC.
2955 MAIN STREET, SUITE 200-B
IRVINE, CA 92614
CA DIR# PW-LR-1000893931
State of CA / USDOT Certified DBE# 50981
State of CA SBE # 2026784
Revised: December 23,2024
November 5, 2024
Experience Engineers Excellence.

State of CA MBE # 22000400 JS&TM PRN: 24040

1. COVER LETTER
December 23, 2024
City of Yucaipa
Landon Kern, PE
Assistant City Engineer
34272 Yucaipa Blvd
Yucaipa, CA 92399
Phone: (909) 797-2489
Subject: Proposal -Low Water Crossing Replacement Project at Live Oak Canyon Road and Wildwood Creek J. Smith & T. Muli, Inc. (1S&TM) is pleased to provide our proposal to provide professional engineering services for City of Yucaipa Low Water Crossing Replacement Project at Live Oak Canyon Road and Wildwood Creek. JS&TM understands the need for the City of Yucaipa to complete design and construction of this critical drainage facility in order to address the stormwater infrastructure deficiencies at Live Oak Canyon Road to eliminate periodic roadway closures during significant storm events, dangerous road conditions at the low water crossing, flooding in the vicinity of the Live Oak Canyon Pumpkin Patch, and slope failures in Wildwood Creek both upstream and downstream of Live Oak Canyon Road.

The JS&TM Team has vast experience in advanced flood control engineering, bridge design, roadway engineering, construction document preparation, and public works construction. As a part of nearly every stormwater bridge project we have completed we provide utility conflict resolution, survey & mapping, geotechnical engineering, resource agency permitting, CEQA documentation, traffic control and construction staging, bid assistance to the owner, and construction oversight. Specific examples of stormwater engineering projects that the JS&TM Team has worked on within the City of Yucaipa and nearby cities and counties include: City of Yucaipa Dunlap Boulevard Bridge Replacement, City of Yucaipa Drainage Master Plan, City of Yucaipa Chicken Springs Wash Flood plain Analyses, City of Yucaipa Wildwood Basin-4, City of Redlands Master Plan of Drainage, SBCFCD West Fontana Channel Stormwater Quality BMP Design Project, Haigh Road Storm Drain Improvements in the City of Thousand Oaks, , RCFC&WCD Mockingbird Channel Restoration Project, South Norco Channel Stage 2 in the City of Norco, North Norco Channel in the City of Norco, City of La Quinta Focused Drainage Study, and Smith Creek Prison Farm Channel.

Area of Specialization: The JS&TM Team is composed of engineers that specialize in and have expertise in stormwater engineering, bridge design, roadway and traffic engineering, sewer and waterline engineering, geotechnical engineering, right-of-way engineering, CEQA documentation, resource agency permitting, and land survey and mapping. We provide these services every day.

Our team has expertise in all the engineering services necessary to deliver this project for the City of Yucaipa. Our engineers are licensed professional engineers and also hold other key certifications relating to stormwater/flood control, water quality control, traffic engineering, geotechnical engineering, and land survey. Each of our team members are local and available to meet and provide consultation on short notice. All work (which includes calculations, plan preparation, reports, and mapping) will be prepared locally.

We are a team of small companies. Our reputation means everything to us so, we carefully check our deliverables for quality (accuracy and adherence to engineering practices) to make certain we are delivering a high quality product to the city. Because we are a team of small companies, all of our deliverables will be signed and stamped by a California Registered Civil Engineer who actually works on the project preparing calculations, designing, drawing, and authoring reports. There is no room for executives and high rate managers who do not actually work on the project on our team.

Key Points of Qualifications: Our Team has a combined experience exceeding 270-years of local project experience. We have been working on countless Stormwater and Roadway projects in the region. JS&TM staff has extensive high level experience with major flood control engineering projects in the region and preparing stormwater improvement plans. Our team will begin this project with a detailed intimate working knowledge of the Live Oak Canyon Low Water Crossing. Many of our team members worked on the preliminary design of the proposed Live Oak Canyon Road low water crossing replacement. We also have wide-ranging experience working as consultants in planning and designing stormwater facilities, bridge design, roadway engineering, environmental documentation, resource agency permitting, traffic control, geotechnical engineering, and right of way acquisition. We provide advice Low Water Crossing Replacement Project at Live Oak Canyon Road and Wildwood Creek Page i

and guidance to municipalities on issues related to these types of facilities on a daily basis. Our experience translates into excellence in project delivery. Experience engineers excellence. We provide expertise, advice, and guidance to City staff with the efficiency of know-how. The benefit to the city is lower cost and a project that is pushed forward with the adept know how years of experience and specialization.

Key Individuals: Our Principal, Jonis C. Smith, MS, PE, QSD/P will be the working Project Manager and Principal Engineer for all tasks for this project. Jonis brings over 29 years' experience in Stormwater Engineering. He has great passion for Stormwater Engineering and a great appreciation for the often unnoticed yet invaluable contribution that Stormwater Engineers make to society.

Mr. Smith has in-depth understanding of the behavior of stormwater and is able to weave his understanding of the interconnectedness of hydrology and hydraulics into his approach to stormwater engineering and design. Jonis was the project manager for the recently completed Dunlap Boulevard Bridge Replacement Project. Tim Muli, PE, CFM, QSD/P, LEED AP will be the Principal Project Engineer for all tasks for this project. Tim has over 23 years of experience. He is highly recognized and respected subject matter expert in flood control engineering, stormwater management, civil design, floodplain management, stream restoration, civil design, water quality permitting, low impact (LID) stormwater management design, and has been involved in many private and municipal infrastructure projects throughout Southern California. Tim was the project engineer of record for the recently completed Dunlap Boulevard Bridge Replacement Project, which required significant coordination with the city, SBCFCD and US Department of Interior. Mr. Muli and Mr.

Smith are supported by a strong team with vast experience and expertise in stormwater engineering, preparation of PS&E, bridge engineering, geotechnical engineering, CEQA documentation, resource agency permitting, right of way acquisition, public outreach, and Construction Support Services.

Teaming Partners: We have included our long time teaming partners on this project team to provide a full spectrum of comprehensive services needed to deliver this project for the City of Yucaipa. Our long-term teaming partners are Rende Consulting Group for Structural Engineering, GIS Surveyors for Land Survey and Mapping services, Converse Consultants for Geotechnical Engineering, Dudek for Utility Relocations as well as Roadway and Stormwater Engineering support, Monument Right of Way for Right of Way Services, and RBI Traffic for Roadway and Traffic Engineering.

We appreciate the opportunity to submit this proposal to the City of Yucaipa and are available to begin work immediately. JS&TM has carefully reviewed this Request for Proposals (RFP) and we request no exceptions or deviations from the RFP. We are willing to enter into a contract with the City under the terms and conditions prescribed by the City of Yucaipa Professional Services agreement. Our proposal will remain valid for a period of not less than 180 calendar days from the date of submittal. Please do not hesitate to contact Jonis Smith, PE at 949.212.0916 or [email protected] and Tim Muli, PE at 949.378.0632 or [email protected] should you have questions or require further information. Please send all notifications to both Jonis Smith, PE and Tim Muli, PE who are both authorized to bind JS&TM. We look forward to the opportunity to discuss our proposal with the city staff in greater detail.

Our comoanv information is arovided below:

Office Address:

J. Smith & T. Muli, Inc
o a
2955 Main Street, Suite 200-B
Irvine, CA 92614
(949)329-3639
Website: https://www.%stminc.com/
Sincerely,
Tim Muli, P , CKM, QSD/P, LEED AP
Principal
Smith, PE, QSD/P
M;'Fnc'i'p.

Low Water Crossing Replacement Project at Live Oak Canyon Road and Wildwood Creek Page ii

2. TABLE OF CONTENTS

1. COVER LETTER...................................................................................................................................................................... i

2. TABLE OF CONTENTS..........................................................................................................................................................3 A. IDENTIFICATION OF PROPOSER.........................................................................................................................................4

1. Project Experience..............................................................................................................................................................4

2. Project Team Organization.................................................................................................................................................4

3. Technical Proposal..............................................................................................................................................................6

4. SCOPE OF SERVICES............................................................................................................................................................9

5. SCHEDULE OF WORK........................................................................................................................................................11

6. EXCEPTION OR DEVIATIONS FROM RFP..........................................................................................................................11

7. INSURANCE........................................................................................................................................................................11

8. LITIGATION.........................................................................................................................................................................11

9. FEE SCHEDULE...................................................................................................................................................................11 APPENDIXA..............................................................................................................................................................................13 Exhibit-1: Project Experience and Client References......................................................................................................13 APPENDIXB...............................................................................................................................................................................16 Exhibit-2: Project Team Role and Responsibility Chart...................................................................................................16 APPENDIXC...............................................................................................................................................................................19 Exhibit-4: JS&TM Key Staff...............................................................................................................................................19 Exhibit-5: Subconsultant Key Staff...................................................................................................................................19 Exhibit-6: Key Staff Level of Involvement........................................................................................................................19 Exhibit-7: Staff Resumes..................................................................................................................................................19 APPENDIXD..............................................................................................................................................................................25 Exhibit-8: Construction Sequence Exhibit(s)....................................................................................................................25 APPENDIXE...............................................................................................................................................................................26 Exhibit-9: Limit of Supplemental Topographic Mapping.................................................................................................26 ....................................................................................................................................................................................... 27 3 A. IDENTIFICATION OF PROPOSER
Legal name and address of the company.

Name
J. Smith & T. Muli, Inc.

Address-
2955 Main Street, Suite 200-B
Irvine, CA 92614
Website: httr)s:// www.istrninc.corn
Legal form of company (partnership, corporation)
California S- Corporation
J. Smith & T. Muli, Inc. is not a subsidiary of any company.

Name, title, phone number, email of the representative to contact concerning this proposal Jonis Smith, MS, PE, QSD/P
Principal, Project Manager
(0): 949.329.3639 (M): 949.212-0916
[email protected]
City Business License Number
Business License: 17117

1. Project Experience
J. Smith & T. Muli Team has served Southern California cities on a variety of stormwater engineering, bridge design, and roadway engineering projects under the Caltrans Local Assistance program. JS&TM is proud of our success in providing experienced staff to engineer excellence for clients and our commitment to providing quality, high -value professional engineering services to municipalities such as the City of Yucaipa. The Live Oak Canyon Road Low Water Crossing Project is unique and challenging. The highly erosive creek banks, high velocity flow, and roadway crossing proximity result in a unique need for a channel and bridge at Live Oak Canyon Road. The grade differential of Wildwood Creek from the east side of Live Oak Canyon Road to the west side of the road requires a spillway structure downstream (west) of roadway. Spillway design requires specialized hydraulic engineering experience and know-how to handle analysis and engineering of the spillway structure. Our Team members possess that unique experience and ability to handle challenging projects like this one because we have designed unique spillway structures before. Tim Muli, PE was the lead project engineer for the Foothill Parkway extension project implemented by the City of Corona where a tumbling flow spillway (USBR Type IX) was designed and constructed to handle a challenging engineering condition at the Mabey Canyon Creek crossing of the roadway (see Fig.1). Table-1 presents other recent and past projects to demonstrate our teams' proven experience in assisting local agencies USBR Type XI Spillway with similar challenging projects. The JS&TM team provides professionals who specialize in advanced stormwater engineering, bridge design, sewer, and water utility design, and right of Mabey Canyon, Corona, CA way acquisition with a vast amount of experience in private, municipal, and federally funded stormwater infrastructure projects.

A sample of some of the services that we have provided to clients in the past that demonstrate our team's first-hand knowledge and experience as evidence of our ability to complete your project successfully is provided in Exhibit-1 in Appendix -A.

2. Project Team Organization
The JS&TM project team provides the requisite expertise in stormwater engineering, bridge engineering, geotechnical engineering, roadway and traffic engineering, water, and sewer utility relocation, CEQA documentation, resource agency permitting, right of way acquisition, land survey and mapping, demolition engineering, project management, and Caltrans Local Assistance documentation.
4 The JS&TM team will be led by Jonis Smith, MS, PE, QSD/QSP. Mr. Smith will be the Project Manager. He has over 29 years of experience with stormwater engineering projects throughout Southern California.

The JS&TM Team has worked together on numerous projects. The team members are experts in their respective fields. As a team we focus on project delivery. We keep the project moving and get it done efficiently and quickly. JS&TM will be the lead consultant. The project team roles and responsibilities are defined in Exhibit-2 provided in Appendix-B.

Lead Consultant
• J. Smith & T. Muli, Inc. (JS&TM) is a Civil Engineering services firm that specializes providing Stormwater Engineering Solutions and Guidance to our clients for their challenging flood control Infrastructure Projects. We provide experienced engineers who will physically prepare calculations, designs, and drawings, and manage the day to day progression of the project. We believe that is the most efficient way to deliver Excellence. JS&TM holds a CA/USDOT Disadvantaged Business Enterprise (DBE) certification, a California Small Business Enterprise (SBE) certification, and a Minority Business Enterprise (MBE) certification.

Subconsultants
• Dudek is a leading midsize California engineering and environmental firm that helps clients design, plan, permit, manage, and construct projects involving natural resource management, infrastructure development, and regulatory compliance. For more than 4 decades, Dudek has served Southern California agencies, cities, and special districts on a variety of planning, design, permitting, construction management, and regulatory issues. Dudek's professional staff represents a broad spectrum of engineering planning and design, scientific, and management disciplines relevant to your identified needs. • Rende Consulting Group (RCG) Established in 2006, Rende Consulting Group, Inc. (RCG) is a small, civil engineering consulting firm based in Orange County. RCG specializes in the design of public works structures projects involving bridges, retaining walls, sound walls, and various other non-standard drainage and flood control structures. RCG has extensive experience and particular expertise in the structural design and preparation of structures plans, specifications, and estimate (PS&E) for the construction of new bridges and flood control improvements in accordance with Caltrans, US Army Corps of Engineers, and San Bernardino County Flood Control District standards. • MNS Engineers Inc. (MNS) is a multiservice infrastructure consulting firm specializing in planning, engineering, construction management, and land surveying services. We have served the transportation, water resources, government services, and federal markets for over 60 years, and look forward to future expansion in these areas. MNS has a proven track record and a profound commitment to bettering our local communities. Our purpose is to make a positive difference in people's lives by focusing on our clients, solving their unique project challenges, and delivering affordable, top-quality results. • GIS Surveyors Inc. (GSi) is a multifaceted geospatial firm specializing in land surveying, utility locating, geographic information systems (GIS), and LiDAR. They combine the core aspects and precise measurements of a land surveying company with the geospatial analysis of a GIS firm. This is the key reason GSi receives the most complicated land survey requests from the utility, transportation, and land development industries. GSI is a veteran- and employee -owned firm that has tripled in size since opening in 2013. GSI has hundreds of combined years of land survey experience and is made up of eight land survey crews including licensed Professional Land Surveyors (AZ, CA, NV, WA), Land Surveyors in Training, Professional Civil Engineers, Utility Locating Specialists and Federal Aviation Administration -certified Unmanned Aerial Systems pilots. • Monument is a full -service real estate and right-of-way company with DBE, SBE, and WBE certifications, providing exceptional service, strategic planning, innovation, and timely delivery. Monument serves local, state, and federal agencies, transportation authorities, and engineering partners with public infrastructure projects throughout California. The Monument team is comprised of the best in the industry, most with over 25 years in the business and leaders of some of the largest and most complex projects delivered in the State of California. • Converse Consultants (Converse) was established in 1946 in Pasadena, California to provide the construction industry with geotechnical engineering and geological services. Converse's professional and technical staff includes in-house geotechnical engineers, engineering geologists, environmental scientists, deputy inspectors, laboratory and field technicians, drafting/CAD specialists, and other specialized support personnel. Their laboratories are certified by the Division of the State Architect, California Department of Transportation, US Army Corps of Engineers, American Association of State Highway and Transportation Officials, and the Cement and Concrete Reference Laboratory. A registered civil engineer supervises each lab to ensure all equipment is calibrated regularly, and quality control is available 24/7. • RBI Traffic Inc. (RBI) is a firm specializing in providing traffic engineering services in Southern California. RBI has developed a solid reputation based on its responsiveness to client's needs and quality of work. It is the firm's unwavering commitment to maintain this reputation by continuing to provide high quality designs, studies, recommendations, and related services to its clients. RBI is led by Mr. William 'Rusty' Beardsley, TE. Mr. Beardsley has worked as a City Traffic Engineer for various cities in the Southland over the past 23 years. As such, he has been responsible for the proper design of each City's traffic related projects as well as the review of all traffic plans and studies. RBI provides quality designs of new and modified Le

traffic signals, signing/striping, and worksite traffic control for agencies throughout the Southland. The company also has experience in developing and implementing both standalone and coordinated signal timing in a variety of proprietary and open architecture environments. RBI has a strong reputation for providing excellent designs in a timely and cost-effective manner.

Key Personnel
JS&TM has assembled a very experienced and talented team with wide ranging capability in stormwater engineering, bridge and structures engineering, roadway engineering, CECA/NEPA documentation, resource agency permitting land surveying, geotechnical engineering, and traffic control. The key personnel who will be personally working on this project have a total combined years of experience exceeding 390 years.

Jonis Smith, PE, QSD/P will be the Primary Contact to the City. He will be the working Project Manager and a Project Engineer for the project. Tim Muli, PE, CFM, QSD/P,LEED AP will be the Lead Project Engineer. Greg Rende, PE, Rende Consulting Group, will serve as structural and bridge design engineer. Greg has significant recent experience in the design and preparation of the Structures PS&E for numerous federally funded bridge and low water crossing replacement projects administered by Caltrans Division of Local Assistance as part of the Federal Highway Bridge Program (HBP). Shelah Riggs, MINIS Engineers, will serve as the project environmental lead for CECA, NEPA, and Resource Agency Permitting. Rusty Beardsley, TE, RBI Traffic, will serve as the project lead transportation and traffic engineer. Hashmi Quazi, PhD, GE, Converse Consultants, will be the project lead Geotechnical Engineer. Kim Bibolet, SR/WA, Monument, will serve as the project lead Right of Way Acquisition Agent. Denis Rose, PLS, GIS Surveyors, will serve as the project head land surveyor. Ian Crano, PE, Dudek, will serve as the project lead Utility Relocation Engineer.

Resumes with detailed project experience references for all staff that will work on the project can be found in Appendix C.

Exhibit 2 Provided in Appendix-C provides a listing of Key Personnel from J. Smith & T. Muli, Inc. the prime consultant. Exhibit 3 provided in Appendix-C provides a listing of Key Personnel from the JS&TM Team subconsultants.

A Project Team Organization Chart is provided in Exhibit-1. Resumes with detailed project experience references for all staff that will work on the project can be found in Appendix A. Table 2 shown below provides a listing of Key Personnel from J. Smith & T. Muli, Inc. the prime consultant. Table 3 shown below provides a

3. Technical Proposal
Project Understanding
It is our understanding that Wildwood Creek has historically overtopped its banks and caused flooding in the area south of the Interstate-10 Highway in the vicinity of Live Oak Canyon Road. This area is known as the Yucaipa Freeway Corridor Specific Plan area. The Yucaipa Freeway Corridor Specific Plan (2008) indicates that the 100-yr peak flowrate in Wildwood Creek at Live Oak Canyon Road is approximately 6,760 cfs. A Letter of Map Revision (LOMR) issued by FEMA for Wildwood Creek dated 2015 indicates that the 100-yr peak flowrate is 6,700 cfs at the junction with Yucaipa Creek just upstream of Live Oak Canyon Road.

The specific plan written in 2008 indicates that it was determined that future improvements to Wildwood Creek would require construction of a Wildwood Creek Basin upstream of the specific plan area and improvements to the creek in the specific plan area consisting of acquisition of an 80-100-ft right-of-way width and construction of a natural bottom wash with grade control structures and rip -rap banks constructed at a 2.5: 1 slope. In 2011, construction of Wildwood Creek Basin was completed. The next phase of implementation of improvements consistent with the specific plan would be to improve the creek and creek crossings. The low water crossing of Wildwood Creek at Live Oak Canyon Road has a history of flooding and creating a dangerous creek crossing in the area. The City of Yucaipa has received federal funding through the Highway Bridge Program (HBP) and processed through Caltrans Local Assistance, District 8 to improve the Wildwood Creek low water crossing at Live Oak Canyon Road and remove the flood hazard(s) to allow the roadway to remain open during significant rain events and allow traffic to pass safely and provide a safe crossing for wildlife. We understand that the project will be process through the Caltrans Local Assistance Program and will require Local Assistance Documentation to comply with the program requirements.

The JS&TM team has extensive project working on project implemented through the Local Assistance Program and we are well versed in the documentation requirements and procedures. The project includes the construction of associated channel improvements including wing walls, transition structures, channel lining, rip -rap slope protection and scour protection structures. In addition, Live Oak Canyon Road will be widened in the vicinity of the project to add a travel lane in each direction as part of this project. The proposed improvements are to be designed and constructed per Caltrans and San Bernardino County Flood Control standards and guidelines. We also understand that the preliminary phase of this project was completed in 2022.

The preliminary design concluded that a stepped chute spillway with an SRF basin at the end should be constructed from Live Oak Canyon Road to the invert of Wildwood Creek approximately 100 ft downstream.

A

The 2022 preliminary design report indicates that the design flow velocity's at the downstream end of the stepped chute spillway exceed 45 fps and shear stresses exceeding 100 psf. This is extremely high and would likely cause extreme erosion in Wildwood Creek downstream of the project and further exacerbate bank failures and property losses. Additionally, the alignment of the proposed stepped chute spillway directs flows at the northerly bank of Wildwood creek. We recommend altering this portion of the design to construct a spillway that does not deliver such extreme flow velocities and shear stresses to Wildwood Creek.

A tumbling flow spillway (USBR Type IX) has alternating blocks on the spillway which dissipate flow velocity as water flows downs the spillway preventing the development of extreme velocities. These are effective spillways for extreme situations such as the Wildwood Creek invert elevation change at Live Oak Canyon Road. We would also realign the spillway and a portion of Wildwood Creek and armor the creek banks and bottom for some distance downstream to deliver a stable spillway and transition to the channel that does not further induce erosion of the creek banks and bottom but rather remedies the problem and stabilizes this reach effectively. In addition, we recommend adding an all-weather invert maintenance access ramp to the spillway invert to allow for inspection and maintenance of the spillway and channel transition.

Project Approach
Our approach to the project begins with a thorough understanding of the flooding problem at Live Oak Canyon Road, an understanding of the erosion trends in Wildwood Creek downstream of Live Oak Canyon Road, and the preliminary design of the low water crossing that was developed in 2022. The JS&TM has reviewed the preliminary design and visited the project site on several occasions and walked and climbed the entire project reach of Wildwood Creek. We have a very good understanding of wiz the existing deficiencies, the extreme erosion present at the site, *. and what it takes to resolve this issue. The existing grouted rip -rap grade control structure upstream of the Live Oak Canyon Road culvert entrance failed and was undermined. The entrance to the existing dual 8-ft diameter corrugated steel low water crossing' :EFa pipes was approximately 50% clogged with debris. The invert of each pipe has been rusted out in several locations and the joints Low water crossing at Live Failed Concrete Grade between the pipe sections show differential displacement. The Oak Canyon Road Control Structure Upstream concrete spillway on the downstream of Live Oak Canyon Road is of Live Oak Cyn Rd Culvert severely weathered and eroded due to extremely high flow velocities on the spillway. A piping hole has been eroded through the spillway slab due to the extreme erosion due to cavitation (negative pressures) created by high velocity flow on the spillway surface. The side walls of the spillway have been overtopped causing severe erosion of the slope behind the wall and the subgrade beneath the spillway. We climbed down the grouted rip -rap spillway structure to the tie-in with the Wildwood Creek and found the creek flowline to be severely eroded approximatel0-ft below the terminus of the grouted riprap. The adjacent walls ofthe creek are nearly vertical and very unstable. There is insufficient access to the low flow culvert entrances and the spillway for maintenance personnel and equipment. There is an existing 12" diameter pressure main sewer Y' line that is exposed at the roadway surface with inadequate Y cover/protection over the pipeline. Our approach to this project will address and mitigate each of these deficiencies and other known deficiencies, and meet the stated project goals to eliminate the Dual 8ft diameter Dual 8ft diameter flooding hazard and establish a safe all weather crossing. Our corrugated steel pipe and corrugated steel pipe approach to resolving these severe spillway surface inlet clogged with debris deficiencies also provides a erosion method for keeping both lanes of
traffic on Live Oak Canyon Road open to traffic 24-hours per day 7-days per week during construction. We have provided a construction sequence exhibit in Appendix-D showing - how the contractor could construct the proposed bridge and keep both lanes of through traffic open at all times during construction. The traffic lane would require a temporary automated sensing and a timed traffic signal to control traffic through the construction area by stopping traffic in both directions and allowing traffic flow in only one direction at a time Exposed 12" YVWD Sewer and then alternating the traffic flow direction on a time coordinated signal. Forcemain The JS&TM team would begin the project with GISSurveyors (certified DVBE) providing a very detailed site laser survey to obtain point clouds that capture millions of data points to accurately reflect the electrical wire heights, pole locations, tree locations, visible utility, etc. in addition to ground points and additional topographic mapping of the existing wash, Live Oak Canyon Road, the existing driveways in the vicinity of the project, the culverts, grade control structure, spillways, and the canyon downstream. 7 Additional topographic mapping is needed to accommodate the proposed realignment of the spillway chute and channel, to widen the Live Oak Cyn Road, construct additional traffic lanes, and construct an all-weather invert access ramp. Additional topography is needed for the roadway geometrics and lane transitions. The supplemental topographic mapping boundary that we propose for this project is shown in Appendix-E. The 1S&TM team will also obtain available topographic mapping and 2018 LiDAR mapping of Wildwood Creek available from USGS and build a detailed HEC-RAS hydraulic model of the creek. The model will extend a minimum of 1,500 ft upstream of the project site and 1,500 ft downstream of the project site.

Sample CMP Wildlife Tunnel Photo from
Previous JS&TM Team Project
JS&TM will evaluate the bridge/culvert opening dimensions developed in the 30% design to ensure the most efficient channel cross section is used to convey 100% of the 100-yr storm safely below the roadway surface with freeboard and accounting for debris bulking. The biological mitigation and monitoring requirements for the project indicate that the project shall include a safe wildlife crossing. We will modify the crossing shown in the 30% design to accommodate a safe wildlife crossing tunnel and the channel to meet this requirement. We anticipate utilizing a 14'x14' RCB tunnel to meet the wildlife crossing requirement. We would incorporate this proposed channel into an updated hydraulic model using the model developed for preliminary design as a starting point to evaluate how it will perform with our proposed revised spillway design and adjust as needed.

JS&TM team member, Converse Consultants will utilize the draft geotechnical and geologic investigation findings determined and incorporate those findings into an updated geotech study corresponding to our proposed low water crossing, bridge, and roadway design. As a part of the updated geotech study, Converse will obtain grab samples of the invert soils of Wildwood Creek and perform a sieve analysis to determine the Dso of the existing site soils and determine the maximum permissible flow velocity and shear stress in the creek and then design the proposed spillway outlet to maintain the design flow velocity below the maximum permissible velocity. Our approach recommends construction of a precast prestressed concrete box girder bridge set on abutments with a reinforced concrete cast in drilled hole (CIDH) pile foundation (See Proposed Bridge Construction Procedure Exhibit and Creek Profile Exhibit provided in Appendix-D). Converse will evaluate the findings of the draft study and drill additional borings if needed to fill any information gaps and further classify and log the soil material encountered in the boring.

JS&TM team member, Rende Consulting Group (certified SBE) will structurally design the proposed bridge deck, bridge abutments, spillway, tumbling flow energy dissipator structure, stilling basin structure, and grade control structures. Rende Consulting has processed over a dozen (12) bridge projects through the Caltrans Local Assistance Program. The bridge design independent check will be performed by Hernan Montoya licensed structural engineer (SE) who specializes is bridge engineering with over 40 years of experience. JS&TM will work with Rende Consulting Group to hydraulically analyze, size, and modify the design the proposed channel and spillway structures. Wildwood Creek is severely eroded downstream of the Live Oak Canyon Road due to the unmitigated flow velocities released from the roadway low flow culverts to the creek invert. The walls of the Wildwood Creek are nearly vertical and stand approximately 50-ft in height from the flowline of the creek to the top of slope. The primary mover for soil erosion is flow velocity. The flow velocity from the crossing must be mitigated and the flowline of the creek stabilized to prevent further
erosion and degradation of the creek.

Our approach to developing a complete
solution for this crossing is to construct
% a tumbling flow energy dissipator (USBR
Ii Type IX) with a stilling basin extending
from the spillway downstream of the
1: Spillway and Grouted Rip Rap
h� � •A bridge down to the invert/flowline of
the creek to reduce the flow velocity Energy Dissipator Downstream of and flow energy to a non -erodible Live Oak Cyn Rd
velocity and shear stress (less than 6 fps and less than 1 psf shear stress).

Grouted riprap is not sufficient to dissipate the flow energy due to the extreme elevation change from the culvert outlet to the invert of the creek. This is readily observable today. The proposed stepped chute spillway contained in the preliminary design should be revised to realign the structure in line with the USBR Type IX Baffled Apron
(Tumbling Flow Energy Dissipator)
8 creek downstream and to dissipate the flow velocities at the outlet to the creek further. An example realignment of the proposed spillway structure is provided in Appendix-F. A USBR Type IX tumbling flow energy dissipator with a stilling basin is likely a more effective means of energy dissipation that is required at this location. Our approach will utilize and build upon the findings and design developed in the 30% design to meet the project goals and provide a safe all weather crossing for Live Oak Canyon Road and contain 100% of the 100-yr storm in the channel below the roadway. It also will effectively stabilize the creek and eliminate erosion at this location by providing effective energy dissipation from the bridge down to the creek invert and stabilize the creek invert.

Our approach also will mitigate the surface drainage deficiencies on the roadway by changing the roadway profile to eliminate the sag/sump at this location and constructing properly sized roadway storm drain inlets to capture storm runoff from the road surface and discharge safely to the creek. Our approach also will provide an invert access ramp at the upstream side of the bridge to allow City maintenance crews to access the invert with personnel and equipment to remove debris under regular maintenance or under emergency conditions. An example location of the proposed access ramp is provided in Appendix-F.

Our proposed road and bridge improvements will effectively eliminate local roadway flood deficiencies and dangers and eliminate local flooding due to creek overtopping and ponding in the roadway sag/sump. Our proposed roadway improvements will also address the very dangerous conditions at this location and provide appropriate roadway barriers, fall protection, signage, and traffic control to reduce the likelihood of vehicles or pedestrians from falling into the creek at this location.

JS&TM team member, R81 Traffic will provide design of the proposed traffic control, signage, and striping improvements, as well as temporary traffic control and construction staging plans. We have developed a detailed construction sequence exhibit to illustrate how both lanes of traffic on Live Oak Canyon Road can remain open to traffic 24-hour per day, 7-days per week through construction. Our approach will construct a temporary road realignment on the east side of Live Oak Canyon Road at the low water crossing to maintain both lanes of traffic at all times during construction. We have recommended construction of a precast prestressed box girder bridge section supported by abutments with CIDH pile foundation to allow for stage construction two lanes at a time. This approach will maintain two open lane for traffic during construction. Our approach will also establish an appropriate width roadway shoulder on both side of the road. In addition, our approach will create an ingress/egress driveway from the northbound lane to access the proposed access ramp. At the bottom of the ramp there will be turnaround area to allow maintenance vehicles to turnaround to make safe egress from the ramp with a merge area into the northbound lane (See Recommended Construction Sequence provided in Appendix-D).

JS&TM Team member Monument (certified WBE, certified DBE) will appraise and acquire right of way for the City of Yucaipa for the revised project footprint. We recommend obtaining right of way for the proposed creek improvements and roadway widening and for a proposed invert maintenance access ramp.

JS&TM Team member MNS Engineers will handle all environmental documentation and resource agency permitting for the project. We anticipate that the project will require environmental analysis under CEQA and NEPA and issuance of permits from CDFW, Regional Water Quality Control Board (RWQCB) and the USACE. The JS&TM Team will design the proposed bridge, channel, roadway, and access improvements to minimize the acreage of permanent impacts to waters of the US so that the expedited 404 Nationwide Permit Program can be used which would save the project schedule six to nine months in USACE review time and save in mitigation costs. All environmental work will be done using industry standards for such work and compatible with subsequent work to obtain environmental and/or regulatory permits and NEPA and CEQA compliance for federal Highway Bridge Program (HBP) funded projects. In addition, JS&TM will provide technical support, prepare, and submit necessary documentation for approval by Caltrans Local Assistance and attend meetings as required in order to receive authorization from Caltrans Local Assistance to construct the project. The following scope of work is what we recommend to design and permit the improvements that we have proposed in our approach to this project.

The JS&TM team will provide Civil/Structural plans with cost estimates and specifications, background investigations and required environmental studies as listed in the approved Caltrans FES, and subsequent regulatory agency permitting and processing for the proposed project site. The plans, specifications and estimates will conform to the current design standards and guidelines of the City of Yucaipa, San Bernardino County Flood Control, the Specifications for Public Works Construction (SSPWC — Green Book), and Caltrans Specifications.

4. PHASE-1 SCOPE OF SERVICES
As a part of the first phase of this project, the JS&TM Team will perform the tasks outlined below. The remaining tasks as outlined in the proposal dated November 5, 2024 will be performed in Phase-2 of the project when phase-2 is funded. 01 Task 1- Preparation of Plans, Specifications and Engineer's Cost Estimate (PS&Es):

JS&TM will conduct a Project Kick -Off meeting with the city to discuss the refined project objectives, project schedule, preliminary design findings, the city strategies and construction budget. JS&TM will prepare and complete hydrology/drainage analysis, develop 60% construction documents for the bridge, creek, and roadway improvements, prepare hydraulic analyses to support design, develop a right of way map exhibit using the 30% Preliminary design plan set as a starting point.

The JS&TM Team will provide topographic survey and mapping to support the final design configuration of the roadway creek improvements. The JS&TM Team will finalize the preliminary geotechnical study to support the final design improvements for the project. The JS&TM Team will submit initial utility coordination letters to coordinate relocation or undergrounding of SCE, Frontier poles and wires and YVWD sewer line(s). The finalized project geotechnical report will provide sufficient geotechnical information to design the bridge foundation(s) roadway sections, slope stabilization requirements, creek invert stabilization, and trenching requirements for utilities. Project plans will be prepared on standard City of Yucaipa 1"=40' plan and profile sheets. JS&TM will deliver in 15Y submittal plans with minimum 65% completeness along with a detailed construction cost estimate, project basis of design report, structural engineering calculations, independent check verification, a finalized geotechnical report, right-of-way appraisal reports, CEQA and NEPA documentation, special studies, and biological study reports. JS&TM will prepare additional plans for demolition, construction, utilities, grading, right-of-way, off site transition improvements as needed to improve the project area and meet the project goals. Each subsequent submittal will progress to minimum 95% completeness and then a final 100% complete submittal suitable for contractor bidding and construction. JS&TM will meet and coordinate with the city as needed to prepare, implement, and complete the project. It is anticipated that the plans set(s) will including the following sheets:
• Title sheet
• Notes sheet
• Existing Conditions and Horizontal Control
• Demolition Plan
• Roadway Improvements
• Signage and Striping
• Local Stormdrain Improvements
• Bridge Structural Sheets
• Creek/Channel Improvements
• Access Ramp Grading
• Typical sections
• Construction details
• Traffic Control and Construction Staging
• Boring Logs
JS&TM will prepare project specifications in accordance with the current edition of the Standard Specifications for Public Works Construction (SSPWC) "The Greenbook," CALTRANS Standard Plans and Specifications, County of San Bernardino, and the City standard plans. The specifications will be suitable for bidding purposes, the city will provide "boiler plate" for inclusion with the final specifications. JS&TM will prepare right-of-way plats and legal descriptions as needed and any necessary construction or slope easement documents. JS&TM will prepare final utility coordination letters.

Task 2- Prepare and Process CALTRANS Local Assistance Documentation:

JS&TM will provide technical support, prepare, and submit necessary documentation for approval by Caltrans and attend meetings as required in order to receive authorization from Caltrans Local Assistance to construct the project.

City will plan check in a timely matter and return to the JS&TM team for final submittal of plans plotted on mylar at minimum scale of 1"=40'. Meet and Coordinate with the City as needed to prepare, implement, and complete this phase of the project. A minimum of one (3) meeting is anticipated during this phase.

Task 3- Environmental Documentation Coordination for CEQA/NEPA:

JS&TM will participate in planning meetings with Yucaipa and Caltrans staff. Meetings include but are not limited to:

Kick off meeting, Caltrans early coordination meetings and possible City Council meetings. JS&TM will provide technical support, prepare, and submit necessary documentation for approval by Caltrans and attend meetings as requited in order to receive authorization from Caltrans Local Assistance to construct the projects. The City will be responsible for all CEQA processing and approvals.

Task 4- Prepare the Required Environmental Studies and Analyses for Caltrans PES JS&TM will prepare the required environmental studies and analysis as listed under the Caltrans Environmental Review Form PES. We will schedule and coordinate all Caltrans Field Review work and complete required project site assessments and field surveys.

Task C_ C„.sir.+„ma„t-,I Permitting and oFec-�Task 5 will be completed in Phase-2 kul

1111
■. . "N ..

Task 6 — Project Management
Project Management (Approx 50% of the Project Mgmt Services will be provided in Phase-1 and the remainder 50% in Phase-2)
JS&TM will prepare monthly status reports detailing work completed, schedule status, and budget remaining at the task level along with the invoice. JS&TM will conduct regular informal meetings with the project team including sub - consultants as needed. Other project management activities to be included as necessary are value engineering and construction feasibility to keep the project on schedule and within budget.

Project Meetings and Coordination (Approx 50% of the Project Mtg and Coordination Services will be provided in Phase-1 and the remainder 50% in Phase-2)
JS&TM will attend meetings to discuss progress of the work, project challenges, schedule updates, proposed design recommendations. JS&TM will attend progress meetings with the City/Caltrans and prepare meeting agendas and minutes for the meeting. The purpose of the meetings will be to review the progress of work, discuss milestone review comments, and provide direction regarding the project. In addition, JS&TM will organize a workshop with the city staff members from operations, engineering, and maintenance to present and discuss the findings of the preliminary design report when it is completed. Six (6) total meetings have been allocated for in the budget based on the preliminary schedule prepared by JS&TM, which will require approval by the City.

Quality Control and Quality Assurance (Approx 50% of the QA/QC Services will be provided in Phase-1 and the remainder 50% in Phase-2)
JS&TM shall prepare and implement a quality control program for the duration of the project. The program will document the responsibilities and processes used to ensure a quality project is provided to the city. For major milestone deliverables, the Project Manager will assign the quality control review to a Principal Level engineer familiar with the unique aspects of the project including sub consultant design elements. This task shall include oversight by the QA/QC manager and the independent technical reviews prior to project submittals.

5. SCHEDULE OF WORK
JS&TM has included a project schedule in Appendix B for the City's reference. The JS&TM Team estimated project kickoff is in early February 2025 with the project to be completed in ten (10) months from Notice to Proceed (NTP).

The projected project schedule is included in Appendix-B

6. EXCEPTION OR DEVIATIONS FROM RFP
JS&TM has reviewed the city professional services agreement and takes no exceptions or deviations.

7. INSURANCE
If selected, JS&TM will provide certificates of insurance in compliance with the insurance requirements stated in the City of Yucaipa Standard Design Services Agreement.

8. LITIGATION
JS&TM has not been involved in any litigation or claims since its inception. The JS&TM staff have also not been part of any litigation claims in the past.

9. FEE SCHEDULE
Please see the fee schedule provided on the following page. 11 Tasks
1 Prepare Plans Specs and Estimates (PS&Es) 60% 95% 100% Planning Mtgs/Design Mtgi/Caltrans Mtgs/Site Mtgs/City Council Mtgs Supplemental Topographic Survcy and Mapping
Finali[e Geotechnical Engineering Study
Channel and Stormdrain Sytem Hydraulic Analyses
R/W Research, Preparation of R /W Acquistion Documents
Dry Utility Relocation Coordination
Wet Utility Relocation Coord / Wet Utility Relocation Eng and Plans 60% PS&Fs
95% PS&Es
Final (100%) PS&F,s
Structural Engineering Calculations, Reports, and Independent Check Basis of Design Report
2 Prepare and Process CALTRANS Local Assistance Documentation Prepare and Process CALTRAN$ Local Assistance IIBP Documentation 3 Environmental Documentation Coordination for CEQA/NEPA Backgrotmd Review and Field Surveys
Natural Environmental Study (NES)
Wetland Technical Assessment
Cultural Resource Studies

CEQA IS/MND
4 Prepare the Required Environmental Studies and Analyses for Caltrans PES Caltrans Coordination and Meetings
Preliminary Environmental Study (PES)
Arca of Potential Effect (APE) Map
S Environmental Permitting and Processint
CDFW 1602 Streambed Alteration Agreement
401 Water Quality Certification
404 Nationwide Permit
Permit Tracking and Resource Agency Coordination

LOW WATER CROSSING FOR LIVE OAK CYN RD AND WILDWOOD CREEK

CITY OF YUCAIPA
J. Smith & T. Muli, Inc.

Cost Proposal
December 23, 2024
20 20
8 4
8 4 8
16 40
8 8
80 240
100 200
2 2
12 24
24 32
8 16
I
4 0
2 Subtotal 146 346 132 294 16
6 Protect Management
QA/QC 20 10 6
Project Management 60
Subtotal Project Mgmt 80 30 6
52 $ 8,580
12 S 1,980
$ 66,594
12 S 1,980 $ 51,653
72 S 11,880
S
$
S
S
$ S
S
620 E 102.300
E
E -
4 $ 660
100 S 16,500
24 $ 3,960
S
S
4 $ 660
6 $ 990
10 $ 1,650
6 S 990
2 $ 330
E
S
S
924 S 1S2,460 S 51,653 S
- S 66,594 S
36 $ 5,940 $
1,188
60 $ 9,900
96 S 15,840 S - S
1,188 S $
$
8,970 $
1,200 $
18,750
$
68,574
$
53,633
E
11,880
4 - S
$
- S
$
18,400 S
29,325 S
1,380 E
151,405
$
S
$
- S
$
E
$
- $
$
59,110 $
342 E
60,112
E
430 S
16,930
$
17,940 $
200 $
22,100
$ 260
S
260'
S 17,653
S
17,653
S 13,685
$
13,685
$ 71,358
S
1,449 S
73,467
S 51,675
S
1,449 $
54,114
$ 9,982
$
11,632
$ 8,648
$
9,638
S 3,795
S
4,125
$ -
E
$
E
S -
E
$
S
S
S 177,055 S
18,400 S
115,345 $

6.450 $
S87,9S7
S
7,128
$
920 $
10,820
5 $
S
- S
920 S
17,948
Our fee includes labor, materials, reprographics, meetings, and presentation. JS&TM understands all approved deliverable products shall become the property of the City of Yucaipa.

EXHIBIT "B"

COMPENSATION
Compensation for the Services shall not exceed $605,905 ("Not to Exceed Amount")

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:

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

2. MINIMUM LIMITS OF INSURANCE.

GENERAL LIABILITY INSURANCE. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $2,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

WORKERS' COMPENSATION INSURANCE. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's

liability. Such policy or policies shall include the following terms and conditions:
• A drop -down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(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 1185 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 to 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 policies are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance.

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 Consultant, its employees, agents and sub - consultants.

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.
(C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

I. Upon request from the City, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.

2. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.

Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.

5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its sub consultants.

6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policy.

EXHIBIT "D"

FEDERAL REQUIREMENTS

of Yuca

CALTRANS DISADVANTAGED BUSINESS ENTERPRISED (DBE)
FORMS
pups://yucaipa.sharepoim.com/sitesiEngineering/Shared Documents/0-Projects/CURRENT PKOJECTSt10866 - LWC of Live Oak Canyon RD r@ Wildwocd/RFP-Q for 100% Envir R 17 Design/RFP-RFQ LOC LWC Envir-cxcdoc

Local Assistance Procedures Manual Exhibit 10-0I
Consultant Proposal DBE Commitment

1. Local Agency:

EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT
City of Yucaipa

2. Contract DBE Goal: 26%

3. Project Description: Low Water Crossing Replacement Project - Live Oak Canyon Road At Wildwood Creek

4. Project Location: Live Oak Canyon Road Over Wildwood Creek Southwest of 1-10, LWCOOLOO81

5. Consultant's Name: J. Smith & T. MUIi, Inc.

6. Prime Certified DBE:

7. Description of Work, Service, or Materials

8. DBE
Certification

9. DBE Contact Information
o

10. DBE /o
Supplied
Number
Proj, Mgt, Civil Engineering Svcs, Technical
J. Smith & T. Muli, Inc.

Guidance, Consultation, QA/QC,
50981
adminCa jstminc.com, 949.329.3639

28.4%
Design/Calculations/Plan Preparation
Right of Way appraisal, Right of Way
Monument ROW, Inc.

Documentation, Rlght of Way Acquisition,
46456
info�a monumentrow.com, 800.577.0109

9.1 %
Dry Utility Relocation Coordination Svcs
Local Agency to Complete this Section

11. TOTAL CLAIMED DBE PARTICIPATION

37.5%

17. Local Agency Contract Number: 10866

18. Federal -Aid Project Number: BR-NBIL-5457 (534)
Consultant's Ranking after Evaluation:

IMPORTANT: Identify all DBE firms being claimed for credit, Local Agency certifies that all DBE certifications are valid and information on regardless of tier. Written confirmation of each listed DBE is this form is complete and accurate.
required.
j94v)ao 03/04/25

21. Local Agency Representative's Signature 22. Date
12 re' arers Signature 13. Date
Jonis Smith 949.329.3639

23. Local Agency Representative's Name 24. Phone

14. Preparer's Name 15. Phone
President

25. Local Agency Representative's Title

16. Preparer's Title
DISTRIBUTION: Original — Included with consultant's proposal to local agency.

ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

LPP 18-01 Page I of 2
January 2019

Local Assistance Procedures Manual
Exhibit 10-02
Consultant Contract DBE Commitment
EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT

1. Local Agency: City of Yucaipa 2. Contract DBE Goal: 26%

3. Project Description: Low Water Crossing Replacement Project - Live Oak Canyon Road At Wildwood Creek

4. Project Location:

Live Oak Canyon Road Over Wildwood Creek Southwest of 1-10, LWCOOLOO81

5. Consultant's Name:

8. Total Dollar Amount for ALL Subconsultants:

6. Prime Certified DBE: ❑ 7. Total Contract Award Amount:

9. Total Number of ALL Subconsultants:

10. Description of Work, Service, or Materials
Supplied

11. DBE
Certification
Number

12. DBE Contact Information

13. DBE
Dollar
Amount
Proj, Mgt, Civil Engineering Svcs, Technical
Guidance, Consultation, QA/QC,
Design/Calculations/Plan Preparation
50981
J. Smith & T. Muli, Inc.
[email protected], 949.329.3639
$329,010
Right of Way appraisal, Right of Way
Documentation, Right of Way Acquisition,
D UtilityRelocation Coordination Svcs
46456
onument ROW, Inc.
[email protected], 800.577.0109
$105,844
Local Agency to Complete this Section

14. TOTAL CLAIMED DBE PARTICIPATION
$434,854

20. Local Agency Contract 10866
Ki—h—

37.5%

21. Federal -Aid Project Number: BR-NBIL-5457 (534)

22. Contract Execution
nnta
Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit, this form is complete and accurate.
regardless of tier. Written confirmation of each listed DBE is required.
03/04/25

23. Local Agency Representative's Signature 24. Date

16. Date r
Jons Smith, PE 949.329.3639

25. Local Agency Representative's Name 26. Phone

17. Preparers Name 18. Phone
President

27. Local Agency Representative's Title

19. Preparer's Title
DISTRIBUTION: 1. Original — Local Agency

2. Copy — Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract.

ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

July 23, 2015

Local Assistance Procedures Manual Exhibit 10-01
Consultant Proposal DRE Commitment
INSTRUCTIONS — CONSULTANT PROPOSAL DBE COMMITMENT

CONSULTANT SECTION

1. Local Agency - Enter the name of the local or regional agency that is funding the contract.

2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.

3. Project Location - Enter the project location as it appears on the project advertisement.

4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc.).

5. Consultant's Name - Enter the consultant's firm name.

6. Prime Certified DBE - Check box if prime contractor is a certified DBE.

7. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. if 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.

8. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened.

9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.

Also, enter the prime consultant's name and phone number, if the prime is a DBE.

10. DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

11. Total Claimed DBE Participation % - Enter the total DBE participation claimed. If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).

12. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must sign their name.

13. Date - Enter the date the DBE commitment form is signed by the consultant's preparer.

14. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form.

15. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form.

16. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form.

LOCAL AGENCY SECTION

17. Local Agency Contract Number - Enter the Local Agency contract number or identifier.

18. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 19, Proposed Contract Execution Date - Enter the proposed contract execution date.

20. Consultant's Ranking after Evaluation — Enter consultant's ranking after all submittals/consultants are evaluated. Use this as a quick comparison for evaluating most qualified consultant.

21. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this forth is complete and accurate.

22. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.

23. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form.

24. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form.

25. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form,
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January 2019